Texas 2011 - 82nd Regular

Texas Senate Bill SB1880 Compare Versions

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1	1	By: Huffman S.B. No. 1880
2	2	(Howard of Fort Bend)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Imperial Redevelopment
8	8	District; providing authority to impose a tax and issue bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 8150.001, Special District Local Laws
11	11	Code, is amended by adding Subdivision (2-a) to read as follows:
12	12	(2-a) "County" means Fort Bend County, Texas.
13	13	SECTION 2. Section 8150.002, Special District Local Laws
14	14	Code, is amended to read as follows:
15	15	Sec. 8150.002. NATURE OF DISTRICT. The district is a
16	16	municipal utility district in Fort Bend County created under
17	17	Section 59, Article XVI, Texas Constitution, and is essential to
18	18	accomplish the purposes of Sections [Section] 52 and 52-a, Article
19	19	III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas
20	20	Constitution, and other public purposes stated in this chapter.
21	21	SECTION 3. Subchapter A, Chapter 8150, Special District
22	22	Local Laws Code, is amended by adding Section 8150.0025 to read as
23	23	follows:
24	24	Sec. 8150.0025. DECLARATION OF INTENT. (a) By creating
25	25	the district and in authorizing the city, the county, and other
26	26	political subdivisions to contract with the district, the
27	27	legislature has established a program to accomplish the public
28	28	purposes set out in Section 52-a, Article III, Texas Constitution.
29	29	(b) The district is necessary to promote, develop,
30	30	encourage, and maintain employment, commerce, transportation,
31	31	housing, tourism, recreation, the arts, entertainment, economic
32	32	development, safety, and the public welfare in the district.
33	33	(c) This chapter and the creation of the district may not be
34	34	interpreted to relieve the city or the county from providing
35	35	services to the area in the district. The district is created to
36	36	supplement and not to supplant city and county services provided in
37	37	the district.
38	38	SECTION 4. Section 8150.003, Special District Local Laws
39	39	Code, is amended to read as follows:
40	40	Sec. 8150.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
41	41	(a) All land and other property included in the district will
42	42	benefit from the improvements and services to be provided by the
43	43	district under powers conferred by Sections [Section] 52 and 52-a,
44	44	Article III, Section 1-g, Article VIII, and Section 59, Article
45	45	XVI, Texas Constitution, and other powers granted under this
46	46	chapter.
47	47	(b) The district is created for the [same] purposes of [as]:
48	48	(1) a municipal utility district as provided by
49	49	Section 54.012, Water Code;
50	50	(2) [a road utility district created under] Section
51	51	52, Article III, Texas Constitution, that relate to the
52	52	construction, acquisition, improvement, operation, or maintenance
53	53	of macadamized, graveled, or paved roads, or improvements in aid of
54	54	those roads, including drainage improvements [and operating under
55	55	Chapter 441, Transportation Code, including the purpose of
56	56	constructing, acquiring, improving, maintaining, and operating
57	57	roads and road facilities]; and
58	58	(3) the purchase, construction, acquisition,
59	59	ownership, improvement, maintenance, and operation of the public
60	60	works and public improvements authorized for a tax increment
61	61	reinvestment zone operating under Chapter 311, Tax Code, and a
62	62	municipal management district operating under Chapter 375, Local
63	63	Government Code.
64	64	(c) The district is created to serve a public use and
65	65	benefit.
66	66	(d) The creation of the district is in the public interest
67	67	and is essential to further the public purposes of:
68	68	(1) developing and diversifying the economy of the
69	69	state;
70	70	(2) eliminating unemployment and underemployment; and
71	71	(3) developing or expanding transportation and
72	72	commerce.
73	73	(e) The district will:
74	74	(1) promote the health, safety, and general welfare of
75	75	residents, employers, potential employees, employees, visitors,
76	76	and consumers in the district, and of the public;
77	77	(2) provide needed funding for the district to
78	78	preserve, maintain, and enhance the economic health and vitality of
79	79	the district territory as a community and business center; and
80	80	(3) promote the health, safety, welfare, and enjoyment
81	81	of the public by providing pedestrian ways and by landscaping and
82	82	developing certain areas in the district, which are necessary for
83	83	the restoration, preservation, and enhancement of scenic beauty.
84	84	(f) Pedestrian ways along or across a street, whether at
85	85	grade or above or below the surface, and street lighting, street
86	86	landscaping, vehicle parking, and street art objects are parts of
87	87	and necessary components of a street and are considered to be a
88	88	street or road improvement.
89	89	(g) The district will not act as the agent or
90	90	instrumentality of any private interest even though the district
91	91	will benefit many private interests as well as the public.
92	92	SECTION 5. Subchapter A, Chapter 8150, Special District
93	93	Local Laws Code, is amended by adding Section 8150.0035 to read as
94	94	follows:
95	95	Sec. 8150.0035. FINDING ON SPORTS AND COMMUNITY VENUES. A
96	96	sports and community venue facility is considered to be a park and
97	97	recreational facility.
98	98	SECTION 6. Subchapter C, Chapter 8150, Special District
99	99	Local Laws Code, is amended by adding Sections 8150.1025, 8150.105,
100	100	8150.106, 8150.107, 8150.108, 8150.109, and 8150.110 to read as
101	101	follows:
102	102	Sec. 8150.1025. MUNICIPAL MANAGEMENT DISTRICT PROJECTS AND
103	103	SERVICES. The district may provide, design, construct, acquire,
104	104	improve, relocate, operate, maintain, or finance an improvement,
105	105	improvement project, or service using money available to the
106	106	district, or contract with a governmental or private entity to
107	107	provide, design, construct, acquire, improve, relocate, operate,
108	108	maintain, or finance an improvement, improvement project, or
109	109	service authorized under this chapter or Chapter 375, Local
110	110	Government Code.
111	111	Sec. 8150.105. DEVELOPMENT CORPORATION POWERS. The
112	112	district, using money available to the district, may exercise the
113	113	powers given to a development corporation under Chapter 505, Local
114	114	Government Code, including the power to own, operate, acquire,
115	115	construct, lease, improve, or maintain a project under that
116	116	chapter.
117	117	Sec. 8150.106. NONPROFIT CORPORATION. (a) The board by
118	118	resolution may authorize the creation of a nonprofit corporation to
119	119	assist and act for the district in implementing a project or
120	120	providing a service authorized by this chapter.
121	121	(b) The nonprofit corporation:
122	122	(1) has each power of and is considered to be a local
123	123	government corporation created under Subchapter D, Chapter 431,
124	124	Transportation Code; and
125	125	(2) may implement any project and provide any service
126	126	authorized by this chapter.
127	127	(c) The board shall appoint the board of directors of the
128	128	nonprofit corporation. The board of directors of the nonprofit
129	129	corporation shall serve in the same manner as the board of directors
130	130	of a local government corporation created under Subchapter D,
131	131	Chapter 431, Transportation Code, except that a board member is not
132	132	required to reside in the district.
133	133	Sec. 8150.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
134	134	district may join and pay dues to a charitable or nonprofit
135	135	organization that performs a service or provides an activity
136	136	consistent with the furtherance of a district purpose.
137	137	Sec. 8150.108. ECONOMIC DEVELOPMENT. (a) The district may
138	138	engage in activities that accomplish the economic development
139	139	purposes of the district.
140	140	(b) The district may establish and provide for the
141	141	administration of one or more programs to promote state or local
142	142	economic development and to stimulate business and commercial
143	143	activity in the district, including programs to:
144	144	(1) make loans and grants of public money; and
145	145	(2) provide district personnel and services.
146	146	(c) The district may create economic development programs
147	147	and exercise the economic development powers that:
148	148	(1) Chapter 380, Local Government Code, provides to a
149	149	municipality; and
150	150	(2) Subchapter A, Chapter 1509, Government Code,
151	151	provides to a municipality.
152	152	Sec. 8150.109. PARKING FACILITIES. (a) The district may
153	153	acquire, lease as lessor or lessee, construct, develop, own,
154	154	operate, and maintain parking facilities or a system of parking
155	155	facilities, including lots, garages, parking terminals, or other
156	156	structures or accommodations for parking motor vehicles off the
157	157	streets and related appurtenances.
158	158	(b) The district's parking facilities serve the public
159	159	purposes of the district and are owned, used, and held for a public
160	160	purpose even if leased or operated by a private entity for a term of
161	161	years.
162	162	(c) The district's parking facilities are parts of and
163	163	necessary components of a street and are considered to be a street
164	164	or road improvement.
165	165	(d) The development and operation of the district's parking
166	166	facilities may be considered an economic development program.
167	167	Sec. 8150.110. SPORTS AND COMMUNITY VENUE FACILITIES.
168	168	(a) The district may acquire, sell, lease as lessor or lessee,
169	169	convey, construct, finance, develop, own, operate, maintain,
170	170	acquire real property interests for, demolish, or reconstruct a
171	171	sports and community venue facility.
172	172	(b) A sports and community venue facility authorized under
173	173	this section includes:
174	174	(1) an arena, coliseum, stadium, or other type of area
175	175	or facility that is used or is planned for use for one or more
176	176	professional or amateur sports events, community events, other
177	177	sports events, promotional events, and other civic or charitable
178	178	events;
179	179	(2) a convention center facility or related
180	180	improvement such as a convention center, civic center, civic center
181	181	building, civic center hotel, auditorium, theater, opera house,
182	182	music hall, exhibition hall, rehearsal hall, park, performing arts
183	183	center, museum, aquarium, or plaza that is located in the vicinity
184	184	of a convention center or facility owned by a municipality or a
185	185	county; and
186	186	(3) a facility related to a sports and community venue
187	187	facility, including a store, restaurant, on-site hotel,
188	188	concession, or other on-site or off-site improvement that relates
189	189	to and enhances the use, value, or appeal of a sports and community
190	190	venue, including an area adjacent to the venue, and any other
191	191	expenditure reasonably necessary to construct, improve, renovate,
192	192	or expand a venue, including an expenditure for environmental
193	193	remediation.
194	194	SECTION 7. Section 8150.151, Special District Local Laws
195	195	Code, is amended to read as follows:
196	196	Sec. 8150.151. ROAD PROJECTS. (a) As authorized by
197	197	Section 52, Article III, Texas Constitution, the district may
198	198	construct, acquire, improve, maintain, or operate, inside and
199	199	outside the district, roads and road improvements [facilities as
200	200	defined by Chapter 441, Transportation Code].
201	201	(b) The roads and road improvements [facilities] authorized
202	202	by Subsection (a) may include drainage, landscaping, pedestrian
203	203	improvements, lights, signs, or signals that are incidental to the
204	204	roads and their construction, maintenance, or operation.
205	205	(c) The roads and road improvements [facilities] authorized
206	206	by this section must meet all applicable construction standards,
207	207	zoning and subdivision requirements, and regulatory ordinances of
208	208	the city.
209	209	(d) On completion of a road or road improvement [facility]
210	210	authorized by this section, the district, with the consent of the
211	211	city, may convey the road or road improvement [facility] to the city
212	212	if the conveyance is free of all indebtedness of the district. If
213	213	the city becomes the owner of a road or road improvement [facility],
214	214	the city is responsible for all future maintenance and upkeep and
215	215	the district has no further responsibility for the road or road
216	216	improvement [facility] or its maintenance or upkeep, unless
217	217	otherwise agreed to by the district and the city.
218	218	SECTION 8. Section 8150.153, Special District Local Laws
219	219	Code, is amended to read as follows:
220	220	Sec. 8150.153. REIMBURSEMENT FOR ROAD PROJECT. (a) The
221	221	district may:
222	222	(1) reimburse a private person for money spent to
223	223	construct a road or road improvement [facility] that is dedicated
224	224	or otherwise transferred to public use; or
225	225	(2) purchase a road or road improvement [facility]
226	226	constructed by a private person.
227	227	(b) The amount paid for the reimbursement or for the
228	228	purchase of a road or road improvement [facility] under Subsection
229	229	(a) may:
230	230	(1) include all construction costs, including
231	231	engineering, legal, financing, and other expenses incident to the
232	232	construction; or
233	233	(2) be at a price not to exceed the replacement cost of
234	234	the road or road improvement [facility] as determined by the board.
235	235	(c) The reimbursement or purchase of a road or road
236	236	improvement [facility] may be paid for with proceeds from the sale
237	237	of the district's bonds or from any other money available to the
238	238	district.
239	239	(d) The district may enter into an agreement to use the
240	240	proceeds of a subsequent bond sale to reimburse a private person
241	241	under this section. The agreement may provide the terms and
242	242	conditions under which the road or road improvement [facility] is
243	243	to be dedicated or transferred for the benefit of the public.
244	244	SECTION 9. Subsection (a), Section 8150.201, Special
245	245	District Local Laws Code, is amended to read as follows:
246	246	(a) The district may issue, without an election, bonds and
247	247	other obligations secured by:
248	248	(1) revenue [or contract payments] from any source
249	249	other than ad valorem taxation; or
250	250	(2) contract payments described by Section 8150.203.
251	251	SECTION 10. The heading to Section 8150.202, Special
252	252	District Local Laws Code, is amended to read as follows:
253	253	Sec. 8150.202. OPERATION AND MAINTENANCE [AD VALOREM] TAX.
254	254	SECTION 11. Section 8150.202, Special District Local Laws
255	255	Code, is amended by amending Subsection (a) and adding Subsection
256	256	(c) to read as follows:
257	257	(a) If authorized by a majority of the district voters
258	258	voting at an election held for that purpose [under Section
259	259	8150.201], the district may impose an operation and maintenance
260	260	[annual ad valorem] tax on taxable property in the district in
261	261	accordance with Section 49.107, Water Code, for any district
262	262	purpose, including to:
263	263	(1) operate and maintain the district;
264	264	(2) construct or acquire improvements; and
265	265	(3) provide a service [for the provision of services
266	266	or for the maintenance and operation of the district, including the
267	267	improvements constructed or acquired by the district].
268	268	(c) Section 49.107(h), Water Code, does not apply to the
269	269	district.
270	270	SECTION 12. Subchapter E, Chapter 8150, Special District
271	271	Local Laws Code, is amended by adding Sections 8150.203, 8150.204,
272	272	8150.205, 8150.206, 8150.207, and 8150.208 to read as follows:
273	273	Sec. 8150.203. CONTRACT TAXES. (a) In accordance with
274	274	Section 49.108, Water Code, the district may impose a tax other than
275	275	an operation and maintenance tax and use the revenue derived from
276	276	the tax to make payments under a contract after the provisions of
277	277	the contract have been approved by a majority of the district voters
278	278	voting at an election held for that purpose.
279	279	(b) A contract approved by the district voters may contain a
280	280	provision stating that the contract may be modified or amended by
281	281	the board without further voter approval.
282	282	Sec. 8150.204. MONEY USED FOR IMPROVEMENTS OR SERVICES.
283	283	The district may acquire, construct, finance, operate, or maintain
284	284	any improvement or service authorized under this chapter or Chapter
285	285	375, Local Government Code, using any money available to the
286	286	district.
287	287	Sec. 8150.205. PETITION REQUIRED FOR FINANCING SERVICES AND
288	288	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
289	289	service or improvement project with assessments under this chapter
290	290	unless a written petition requesting that service or improvement
291	291	has been filed with the board.
292	292	(b) The petition must be signed by the owners of a majority
293	293	of the assessed value of real property in the district subject to
294	294	assessment according to the most recent certified tax appraisal
295	295	roll for the county.
296	296	Sec. 8150.206. METHOD OF NOTICE FOR HEARING. The district
297	297	may mail the notice required by Section 375.115(c), Local
298	298	Government Code, by certified or first class United States mail.
299	299	The board shall determine the method of notice.
300	300	Sec. 8150.207. ASSESSMENTS; LIENS FOR ASSESSMENTS.
301	301	(a) The board by resolution may impose and collect an assessment
302	302	under Subchapter F, Chapter 375, Local Government Code, for any
303	303	purpose authorized by this chapter or Chapter 375, Local Government
304	304	Code, in all or any part of the district.
305	305	(b) An assessment, a reassessment, or an assessment
306	306	resulting from an addition to or correction of the assessment roll
307	307	by the district, penalties and interest on an assessment or
308	308	reassessment, an expense of collection, and reasonable attorney's
309	309	fees incurred by the district:
310	310	(1) are a first and prior lien against the property
311	311	assessed;
312	312	(2) are superior to any other lien or claim other than
313	313	a lien or claim for county, school district, or municipal ad valorem
314	314	taxes; and
315	315	(3) are the personal liability of and a charge against
316	316	the owners of the property even if the owners are not named in the
317	317	assessment proceedings.
318	318	(c) The lien is effective from the date of the board's
319	319	resolution imposing the assessment until the date the assessment is
320	320	paid. The board may enforce the lien in the same manner that the
321	321	board may enforce an ad valorem tax lien against real property.
322	322	(d) The board may make a correction to or deletion from the
323	323	assessment roll that does not increase the amount of assessment of
324	324	any parcel of land without providing notice and holding a hearing in
325	325	the manner required for additional assessments.
326	326	Sec. 8150.208. TAX AND ASSESSMENT ABATEMENTS. The district
327	327	may designate reinvestment zones and may grant abatements of a tax
328	328	or assessment on property in the zones.
329	329	SECTION 13. Section 8150.251, Special District Local Laws
330	330	Code, is amended by amending Subsection (a) and adding Subsection
331	331	(c) to read as follows:
332	332	(a) The district may issue bonds or other obligations
333	333	payable wholly or partly from ad valorem taxes, assessments, impact
334	334	fees, revenue, contract payments, grants, or other district money,
335	335	or any combination of those sources, to pay for any authorized
336	336	district purpose.
337	337	(c) The limitation on the outstanding principal amount of
338	338	bonds, notes, and other obligations provided by Section 49.4645,
339	339	Water Code, does not apply to the district.
340	340	SECTION 14. Section 8150.252, Special District Local Laws
341	341	Code, is amended to read as follows:
342	342	Sec. 8150.252. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
343	343	the time the district issues bonds [or other obligations] payable
344	344	wholly or partly from ad valorem taxes, [are issued:
345	345	[(1)] the board shall provide for the annual
346	346	imposition of [impose] a continuing direct annual ad valorem tax,
347	347	without limit as to rate or amount, while [for each year that] all
348	348	or part of the bonds are outstanding as required and in the manner
349	349	provided by Sections 54.601 and 54.602, Water Code[; and
350	350	[(2) the district annually shall impose the continuing
351	351	direct annual ad valorem tax on all taxable property in the district
352	352	in an amount sufficient to:
353	353	[(A) pay the interest on the bonds or other
354	354	obligations as the interest becomes due;
355	355	[(B) create a sinking fund for the payment of the
356	356	principal of the bonds or other obligations when due or the
357	357	redemption price at any earlier required redemption date; and
358	358	[(C) pay the expenses of imposing the taxes].
359	359	SECTION 15. Subchapter F, Chapter 8150, Special District
360	360	Local Laws Code, is amended by adding Section 8150.257 to read as
361	361	follows:
362	362	Sec. 8150.257. APPROVAL OF CERTAIN BONDS BY TEXAS
363	363	COMMISSION ON ENVIRONMENTAL QUALITY. Section 375.208, Local
364	364	Government Code, applies to the district.
365	365	SECTION 16. (a) The Imperial Redevelopment District may
366	366	not exercise a power granted by Section 8150.105, 8150.106,
367	367	8150.107, 8150.108, 8150.109, 8150.110, 8150.203, or 8150.208,
368	368	Special District Local Laws Code, as added by this Act, until the
369	369	governing body of the City of Sugar Land consents to the power by
370	370	adopting a resolution or ordinance. The governing body may consent
371	371	to some or all of the sections through the resolution or ordinance.
372	372	The governing body may not modify a section.
373	373	(b) This section does not affect any consent or
374	374	authorization granted by the City of Sugar Land to the Imperial
375	375	Redevelopment District before the effective date of this Act.
376	376	SECTION 17. This Act does not affect bonds or other
377	377	obligations issued before the effective date of this Act. Bonds or
378	378	other obligations issued before the effective date of this Act are
379	379	governed by the law in effect when the bonds or other obligations
380	380	were issued, and that law is continued in effect for that purpose.
381	381	SECTION 18. Sections 8150.253, 8150.255, and 8150.256,
382	382	Special District Local Laws Code, are repealed.
383	383	SECTION 19. (a) The legislature validates and confirms all
384	384	acts and proceedings of the Board of Directors of the Imperial
385	385	Redevelopment District that were taken before the effective date of
386	386	this Act.
387	387	(b) Subsection (a) of this section does not apply to any
388	388	matter that on the effective date of this Act:
389	389	(1) is involved in litigation if the litigation
390	390	ultimately results in the matter being held invalid by a final
391	391	judgment of a court; or
392	392	(2) has been held invalid by a final judgment of a
393	393	court.
394	394	SECTION 20. (a) The legal notice of the intention to
395	395	introduce this Act, setting forth the general substance of this
396	396	Act, has been published as provided by law, and the notice and a
397	397	copy of this Act have been furnished to all persons, agencies,
398	398	officials, or entities to which they are required to be furnished
399	399	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
400	400	Government Code.
401	401	(b) The governor, one of the required recipients, has
402	402	submitted the notice and Act to the Texas Commission on
403	403	Environmental Quality.
404	404	(c) The Texas Commission on Environmental Quality has filed
405	405	its recommendations relating to this Act with the governor,
406	406	lieutenant governor, and speaker of the house of representatives
407	407	within the required time.
408	408	(d) The general law relating to consent by political
409	409	subdivisions to the creation of districts with conservation,
410	410	reclamation, and road powers and the inclusion of land in those
411	411	districts has been complied with.
412	412	(e) All requirements of the constitution and laws of this
413	413	state and the rules and procedures of the legislature with respect
414	414	to the notice, introduction, and passage of this Act have been
415	415	fulfilled and accomplished.
416	416	SECTION 21. This Act takes effect immediately if it
417	417	receives a vote of two-thirds of all the members elected to each
418	418	house, as provided by Section 39, Article III, Texas Constitution.
419	419	If this Act does not receive the vote necessary for immediate
420	420	effect, this Act takes effect September 1, 2011.