82R16154 T
By: Huffman S.B. No. 1880
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Imperial Redevelopment
District; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8150.001, Special District Local Laws
Code, is amended by adding Subdivision (2-a) to read as follows:
(2-a) "County" means Fort Bend County, Texas.
SECTION 2. Section 8150.002, Special District Local Laws
Code, is amended to read as follows:
Sec. 8150.002. NATURE OF DISTRICT. The district is a
municipal utility district in Fort Bend County created under
Section 59, Article XVI, Texas Constitution, and is essential to
accomplish the purposes of Sections [Section] 52 and 52-a, Article
III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas
Constitution, and other public purposes stated in this chapter.
SECTION 3. Subchapter A, Chapter 8150, Special District
Local Laws Code, is amended by adding Section 8150.0025 to read as
follows:
Sec. 8150.0025. DECLARATION OF INTENT. (a) By creating the
district and in authorizing the city, the county, and other
political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The district is necessary to promote, develop,
encourage, and maintain employment, commerce, transportation,
housing, tourism, recreation, the arts, entertainment, economic
development, safety, and the public welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or the county from providing
services to the area in the district. The district is created to
supplement and not to supplant city and county services provided in
the district.
SECTION 4. Section 8150.003, Special District Local Laws
Code, is amended to read as follows:
Sec. 8150.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
All land and other property included in the district will benefit
from the improvements and services to be provided by the district
under powers conferred by Sections [Section] 52 and 52-a, Article
III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas
Constitution, and other powers granted under this chapter.
(b) The district is created for the [same] purposes of [as]:
(1) a municipal utility district as provided by
Section 54.012, Water Code;
(2) [a road utility district created under] Section
52, Article III, Texas Constitution, that relate to the
construction, acquisition, improvement, operation, or maintenance
of macadamized, graveled, or paved roads, or improvements in aid of
those roads, including drainage improvements [and operating under
Chapter 441, Transportation Code, including the purpose of
constructing, acquiring, improving, maintaining, and operating
roads and road facilities]; and
(3) the purchase, construction, acquisition,
ownership, improvement, maintenance, and operation of the public
works and public improvements authorized for a tax increment
reinvestment zone operating under Chapter 311, Tax Code, and a
municipal management district operating under Chapter 375, Local
Government Code.
(c) The district is created to serve a public use and
benefit.
(d) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, vehicle parking, and street art objects are parts of
and necessary components of a street and are considered to be a
street or road improvement.
(g) A sports and community venue facility is considered to
be a park and recreational facility.
(h) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
SECTION 5. Subchapter C, Chapter 8150, Special District
Local Laws Code, is amended by adding Sections 8150.1025, 8150.105,
8150.106, 8150.107, 8150.108, 8150.109, and 8150.110 to read as
follows:
Sec. 8150.1025. MUNICIPAL MANAGEMENT DISTRICT PROJECTS AND
SERVICES. The district may provide, design, construct, acquire,
improve, relocate, operate, maintain, or finance an improvement,
improvement project, or service using money available to the
district, or contract with a governmental or private entity to
provide, design, construct, acquire, improve, relocate, operate,
maintain, or finance an improvement, improvement project, or
service authorized under this chapter or Chapter 375, Local
Government Code.
Sec. 8150.105. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 8150.106. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 8150.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 8150.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 8150.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 8150.110. SPORTS AND COMMUNITY VENUE FACILITIES. (a)
The district may acquire, sell, lease as lessor or lessee, convey,
construct, finance, develop, own, operate, maintain, acquire real
property interests for, demolish, or reconstruct a sports and
community venue facility.
(b) A sports and community venue facility authorized under
this section includes:
(1) an arena, coliseum, stadium, or other type of area
or facility that is used or is planned for use for one or more
professional or amateur sports events, community events, other
sports events, promotional events, and other civic or charitable
events;
(2) a convention center facility or related
improvement such as a convention center, civic center, civic center
building, civic center hotel, auditorium, theater, opera house,
music hall, exhibition hall, rehearsal hall, park, performing arts
center, museum, aquarium, or plaza that is located in the vicinity
of a convention center or facility owned by a municipality or a
county; and
(3) a facility related to a sports and community venue
facility, including a store, restaurant, on-site hotel,
concession, or other on-site or off-site improvement that relates
to and enhances the use, value, or appeal of a sports and community
venue, including an area adjacent to the venue, and any other
expenditure reasonably necessary to construct, improve, renovate,
or expand a venue, including an expenditure for environmental
remediation.
SECTION 6. Section 8150.151, Special District Local Laws
Code, is amended to read as follows:
Sec. 8150.151. ROAD PROJECTS. (a) As authorized by Section
52, Article III, Texas Constitution, the district may construct,
acquire, improve, maintain, or operate, inside and outside the
district, roads and road improvements [facilities as defined by
Chapter 441, Transportation Code].
(b) The roads and road improvements [facilities] authorized
by Subsection (a) may include drainage, landscaping, pedestrian
improvements, lights, signs, or signals that are incidental to the
roads and their construction, maintenance, or operation.
(c) The roads and road improvements [facilities] authorized
by this section must meet all applicable construction standards,
zoning and subdivision requirements, and regulatory ordinances of
the city.
(d) On completion of a road or road improvement [facility]
authorized by this section, the district, with the consent of the
city, may convey the road or road improvement [facility] to the city
if the conveyance is free of all indebtedness of the district. If
the city becomes the owner of a road or road improvement [facility],
the city is responsible for all future maintenance and upkeep and
the district has no further responsibility for the road or road
improvement [facility] or its maintenance or upkeep, unless
otherwise agreed to by the district and the city.
SECTION 7. Section 8150.153, Special District Local Laws
Code, is amended to read as follows:
Sec. 8150.153. REIMBURSEMENT FOR ROAD PROJECT. (a) The
district may:
(1) reimburse a private person for money spent to
construct a road or road improvement [facility] that is dedicated
or otherwise transferred to public use; or
(2) purchase a road or road improvement [facility]
constructed by a private person.
(b) The amount paid for the reimbursement or for the
purchase of a road or road improvement [facility] under Subsection
(a) may:
(1) include all construction costs, including
engineering, legal, financing, and other expenses incident to the
construction; or
(2) be at a price not to exceed the replacement cost of
the road or road improvement [facility] as determined by the board.
(c) The reimbursement or purchase of a road or road
improvement [facility] may be paid for with proceeds from the sale
of the district's bonds or from any other money available to the
district.
(d) The district may enter into an agreement to use the
proceeds of a subsequent bond sale to reimburse a private person
under this section. The agreement may provide the terms and
conditions under which the road or road improvement [facility] is
to be dedicated or transferred for the benefit of the public.
SECTION 8. Section 8150.201(a), Special District Local Laws
Code, is amended to read as follows:
(a) The district may issue, without an election, bonds and
other obligations secured by:
(1) revenue [or contract payments] from any source
other than ad valorem taxation; or
(2) contract payments described by Section 8150.203.
SECTION 9. The heading to Section 8150.202, Special
District Local Laws Code, is amended to read as follows:
Sec. 8150.202. OPERATION AND MAINTENANCE [AD VALOREM] TAX.
SECTION 10. Section 8150.202, Special District Local Laws
Code, is amended by amending Subsection (a) and adding Subsection
(c) to read as follows:
(a) If authorized by a majority of the district voters
voting at an election held for that purpose [under Section
8150.201], the district may impose an operation and maintenance
[annual ad valorem] tax on taxable property in the district in
accordance with Section 49.107, Water Code, for any district
purpose, including to:
(1) operate and maintain the district;
(2) construct or acquire improvements; and
(3) provide a service [for the provision of services
or for the maintenance and operation of the district, including the
improvements constructed or acquired by the district].
(c) Section 49.107(h), Water Code, does not apply to the
district.
SECTION 11. Subchapter E, Chapter 8150, Special District
Local Laws Code, is amended by adding Sections 8150.203, 8150.204,
8150.205, 8150.206, 8150.207, and 8150.208 to read as follows:
Sec. 8150.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 8150.204. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 8150.205. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 8150.206. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 8150.207. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment under
Subchapter F, Chapter 375, Local Government Code, for any purpose
authorized by this chapter or Chapter 375, Local Government Code,
in all or any part of the district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 8150.208. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
SECTION 12. Section 8150.251, Special District Local Laws
Code, is amended by amending Subsection (a) and adding Subsection
(c) to read as follows:
(a) The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, assessments, impact
fees, revenue, contract payments, grants, or other district money,
or any combination of those sources, to pay for any authorized
district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
SECTION 13. Section 8150.252, Special District Local Laws
Code, is amended to read as follows:
Sec. 8150.252. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time the district issues bonds [or other obligations] payable
wholly or partly from ad valorem taxes, [are issued:
[(1)] the board shall provide for the annual
imposition of [impose] a continuing direct annual ad valorem tax,
without limit as to rate or amount, while [for each year that] all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code [; and
[(2) the district annually shall impose the continuing
direct annual ad valorem tax on all taxable property in the district
in an amount sufficient to:
[(A) pay the interest on the bonds or other
obligations as the interest becomes due;
[(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
[(C) pay the expenses of imposing the taxes].
SECTION 14. Chapter 8150, Special District Local Laws Code,
is amended to add Section 8150.255 as follows:
Sec. 8150.255. AUTHORITY OF TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY OVER ISSUANCE OF DISTRICT BONDS. Section
375.208, Local Government Code, applies to the district.
SECTION 15. The District may not exercise the powers
described in Sections 8150.105, 8150.106, 8150.107, 8150.108,
8150.109, 8150.110, Special District Local Laws Code, without the
express consent of the City of Sugar Land given by and through a
resolution or ordinance adopted by the governing body of the City of
Sugar Land. This section shall not affect any consent or
authorization granted by the City of Sugar Land to the District
prior to the effective date of this Act.
SECTION 16. This Act does not affect bonds or other
obligations issued before the effective date of this Act. Bonds or
other obligations issued before the effective date of this Act are
governed by the law in effect when the bonds or other obligations
were issued, and that law is continued in effect for that purpose.
SECTION 17. The following provisions of the Special
District Local Laws Code are repealed:
(1) Section 8150.255; and
(2) Sections 8150.253 and 8150.256.
SECTION 18. (a) The legislature validates and confirms all
acts and proceedings of the Board of Directors of the Imperial
Redevelopment District that were taken before the effective date of
this Act.
(b) Subsection (a) of this section does not apply to any
matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(2) has been held invalid by a final judgment of a
court.
SECTION 19. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 20. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.