Texas 2011 - 82nd Regular

Texas Senate Bill SB1922 Compare Versions

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1	1	By: Lucio S.B. No. 1922
2	2	(Oliveira)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Port Isabel Improvement District
8	8	No. 1; providing authority to impose a tax and issue bonds; granting
9	9	a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3906 to read as follows:
13	13	CHAPTER 3906. PORT ISABEL IMPROVEMENT DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3906.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Port Isabel.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Port Isabel Improvement
20	20	District No. 1.
21	21	Sec. 3906.002. CREATION AND NATURE OF DISTRICT. The
22	22	district is a special district created under Section 59, Article
23	23	XVI, Texas Constitution.
24	24	Sec. 3906.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
25	25	creation of the district is essential to accomplish the purposes of
26	26	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	27	Texas Constitution, and other public purposes stated in this
28	28	chapter. By creating the district and in authorizing the city and
29	29	other political subdivisions to contract with the district, the
30	30	legislature has established a program to accomplish the public
31	31	purposes set out in Section 52-a, Article III, Texas Constitution.
32	32	(b) The creation of the district is necessary to promote,
33	33	develop, encourage, and maintain employment, commerce,
34	34	transportation, housing, tourism, recreation, the arts,
35	35	entertainment, economic development, safety, and the public
36	36	welfare in the district.
37	37	(c) The district is created to supplement and not to
38	38	supplant city services provided in the district.
39	39	Sec. 3906.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
40	40	(a) The district is created to serve a public use and benefit.
41	41	(b) All land and other property included in the district
42	42	will benefit from the improvements and services to be provided by
43	43	the district under powers conferred by Sections 52 and 52-a,
44	44	Article III, and Section 59, Article XVI, Texas Constitution, and
45	45	other powers granted under this chapter.
46	46	(c) The creation of the district is in the public interest
47	47	and is essential to further the public purposes of:
48	48	(1) developing and diversifying the economy of the
49	49	state;
50	50	(2) eliminating unemployment and underemployment;
51	51	(3) providing quality residential housing; and
52	52	(4) developing or expanding transportation and
53	53	commerce.
54	54	(d) The district will:
55	55	(1) promote the health, safety, and general welfare of
56	56	residents, employers, potential employees, employees, visitors,
57	57	and consumers in the district, and of the public;
58	58	(2) provide needed funding for the district to
59	59	preserve, maintain, and enhance the economic health and vitality of
60	60	the district territory as a residential community; and
61	61	(3) promote the health, safety, welfare, and enjoyment
62	62	of the public by providing pedestrian ways and by landscaping and
63	63	developing certain areas in the district, which are necessary for
64	64	the restoration, preservation, and enhancement of scenic beauty.
65	65	(e) Pedestrian ways along or across a street, whether at
66	66	grade or above or below the surface, and street lighting, street
67	67	landscaping, vehicle parking, and street art objects are parts of
68	68	and necessary components of a street and are considered to be an
69	69	improvement project that includes a street or road improvement.
70	70	(f) The district will not act as the agent or
71	71	instrumentality of any private interest even though the district
72	72	will benefit many private interests as well as the public.
73	73	Sec. 3906.005. DISTRICT TERRITORY. (a) The district is
74	74	composed of the territory described by Section 2 of the Act enacting
75	75	this chapter, as that territory may have been modified under
76	76	Section 3906.113 or other law.
77	77	(b) A mistake in the field notes of the district contained
78	78	in Section 2 of the Act enacting this chapter or in copying the
79	79	field notes in the legislative process does not in any way affect:
80	80	(1) the district's organization, existence, or
81	81	validity;
82	82	(2) the district's right to contract, including the
83	83	right to issue any type of bond or other obligation for a purpose
84	84	for which the district is created;
85	85	(3) the district's right to impose or collect an
86	86	assessment, tax, or any other revenue; or
87	87	(4) the legality or operation of the board.
88	88	Sec. 3906.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
89	89	All or any part of the area of the district is eligible to be
90	90	included in:
91	91	(1) a tax increment reinvestment zone created by the
92	92	city under Chapter 311, Tax Code;
93	93	(2) a tax abatement reinvestment zone created by the
94	94	city under Chapter 312, Tax Code;
95	95	(3) an enterprise zone created by the city under
96	96	Chapter 2303, Government Code; or
97	97	(4) an industrial district created by the city under
98	98	Chapter 42, Local Government Code.
99	99	[Sections 3906.007-3906.050 reserved for expansion]
100	100	SUBCHAPTER B. BOARD OF DIRECTORS
101	101	Sec. 3906.051. GOVERNING BODY; TERMS. The district is
102	102	governed by a board of five directors who serve staggered terms of
103	103	four years, with two or three directors' terms expiring June 1 of
104	104	each odd-numbered year.
105	105	Sec. 3906.052. APPOINTMENT OF DIRECTORS. The governing
106	106	body of the city shall appoint directors. Four directors must be
107	107	appointed from persons recommended by the board as provided by
108	108	Section 375.064, Local Government Code.
109	109	Sec. 3906.053. QUALIFICATIONS. (a) The four directors
110	110	recommended by the board must meet the qualifications described by
111	111	Section 54.102, Water Code, and by Section 375.064, Local
112	112	Government Code.
113	113	(b) Section 49.052, Water Code, does not apply to the
114	114	district.
115	115	Sec. 3906.054. AFFIDAVIT AND ABSTENTION FROM VOTING
116	116	REQUIRED. A director shall comply with Section 171.004, Local
117	117	Government Code, including the disclosure and abstention
118	118	requirements of that section.
119	119	Sec. 3906.055. REMOVAL OF DIRECTORS. Section 375.065,
120	120	Local Government Code, governs the removal of directors.
121	121	Sec. 3906.056. DIRECTOR'S OATH OR AFFIRMATION. A director
122	122	shall file the director's oath or affirmation of office with the
123	123	district, and the district shall retain the oath or affirmation in
124	124	the district records.
125	125	Sec. 3906.057. OFFICERS. The board shall elect from among
126	126	the directors a chair, a vice chair, and a secretary. The offices
127	127	of chair and secretary may not be held by the same person.
128	128	Sec. 3906.058. COMPENSATION; EXPENSES. (a) The district
129	129	may compensate each director in an amount not to exceed $50 for each
130	130	board meeting. The total amount of compensation a director may
131	131	receive each year may not exceed $2,000.
132	132	(b) A director is entitled to reimbursement for necessary
133	133	and reasonable expenses incurred in carrying out the duties and
134	134	responsibilities of a director.
135	135	Sec. 3906.059. LIABILITY INSURANCE FOR DIRECTORS. The
136	136	district may obtain and pay for comprehensive general liability
137	137	insurance coverage from a commercial insurance company or other
138	138	source that protects and insures a director against personal
139	139	liability and from all claims relating to:
140	140	(1) actions taken by the director in the director's
141	141	capacity as a member of the board;
142	142	(2) actions and activities taken by the district; or
143	143	(3) the actions of others acting on behalf of the
144	144	district.
145	145	Sec. 3906.060. INITIAL DIRECTORS. (a) Not later than the
146	146	60th day after the effective date of the Act enacting this chapter,
147	147	the governing body of the city shall appoint an initial board of
148	148	five directors.
149	149	(b) At least three of the initial directors must:
150	150	(1) reside in the district;
151	151	(2) own land in the district; or
152	152	(3) be an agent of a person who owns land in the
153	153	district.
154	154	(c) The terms of two initial directors expire June 1, 2013,
155	155	and the terms of three initial directors expire June 1, 2015.
156	156	(d) This section expires September 1, 2015.
157	157	[Sections 3906.061-3906.100 reserved for expansion]
158	158	SUBCHAPTER C. POWERS AND DUTIES
159	159	Sec. 3906.101. IMPROVEMENT PROJECTS. The district may
160	160	provide, or it may enter into contracts with a governmental or
161	161	private entity to provide, the improvement projects described by
162	162	Subchapter C-1 or activities in support of or incidental to those
163	163	projects.
164	164	Sec. 3906.102. WATER DISTRICT POWERS. The district has the
165	165	powers provided by the general laws relating to conservation and
166	166	reclamation districts created under Section 59, Article XVI, Texas
167	167	Constitution, including Chapters 49, 51, and 54, Water Code.
168	168	Sec. 3906.103. ROAD DISTRICT POWERS; EXCEPTION.
169	169	(a) Except as provided by Subsection (b), the district has the
170	170	powers provided by the general laws relating to road districts and
171	171	road utility districts created under Section 52(b), Article III,
172	172	Texas Constitution, including Chapter 441, Transportation Code.
173	173	(b) The district may exercise any power granted by this
174	174	chapter and by Chapter 441, Transportation Code, without regard to
175	175	any provision or requirement of, or procedure prescribed by,
176	176	Chapter 441, Transportation Code.
177	177	Sec. 3906.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The
178	178	district has the powers provided by Subchapter A, Chapter 372,
179	179	Local Government Code, to a municipality or county.
180	180	Sec. 3906.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
181	181	district has the powers provided by Chapter 375, Local Government
182	182	Code.
183	183	Sec. 3906.106. DEVELOPMENT CORPORATION POWERS. The
184	184	district, using money available to the district, may exercise the
185	185	powers given to a development corporation under Chapter 505, Local
186	186	Government Code, including the power to own, operate, acquire,
187	187	construct, lease, improve, or maintain a project under that
188	188	chapter.
189	189	Sec. 3906.107. NONPROFIT CORPORATION. (a) The board by
190	190	resolution may authorize the creation of a nonprofit corporation to
191	191	assist and act for the district in implementing a project or
192	192	providing a service authorized by this chapter.
193	193	(b) The nonprofit corporation:
194	194	(1) has each power of and is considered to be a local
195	195	government corporation created under Subchapter D, Chapter 431,
196	196	Transportation Code; and
197	197	(2) may implement any project and provide any service
198	198	authorized by this chapter.
199	199	(c) The board shall appoint the board of directors of the
200	200	nonprofit corporation. The board of directors of the nonprofit
201	201	corporation shall serve in the same manner as the board of directors
202	202	of a local government corporation created under Subchapter D,
203	203	Chapter 431, Transportation Code, except that a board member is not
204	204	required to reside in the district.
205	205	Sec. 3906.108. AGREEMENTS; GRANTS. (a) As provided by
206	206	Chapter 375, Local Government Code, the district may make an
207	207	agreement with or accept a gift, grant, or loan from any person.
208	208	(b) The implementation of a project is a governmental
209	209	function or service for the purposes of Chapter 791, Government
210	210	Code.
211	211	Sec. 3906.109. LAW ENFORCEMENT SERVICES. To protect the
212	212	public interest, the district may contract with a qualified party,
213	213	including the county or the city, to provide law enforcement
214	214	services in the district for a fee.
215	215	Sec. 3906.110. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
216	216	district may join and pay dues to a charitable or nonprofit
217	217	organization that performs a service or provides an activity
218	218	consistent with the furtherance of a district purpose.
219	219	Sec. 3906.111. ECONOMIC DEVELOPMENT. (a) The district may
220	220	engage in activities that accomplish the economic development
221	221	purposes of the district.
222	222	(b) The district may establish and provide for the
223	223	administration of one or more programs to promote state or local
224	224	economic development and to stimulate business and commercial
225	225	activity in the district, including programs to:
226	226	(1) make loans and grants of public money; and
227	227	(2) provide district personnel and services.
228	228	(c) The district may create economic development programs
229	229	and exercise the economic development powers that:
230	230	(1) Chapter 380, Local Government Code, provides to a
231	231	municipality; and
232	232	(2) Subchapter A, Chapter 1509, Government Code,
233	233	provides to a municipality.
234	234	Sec. 3906.112. PARKING FACILITIES. (a) The district may
235	235	acquire, lease as lessor or lessee, construct, develop, own,
236	236	operate, and maintain parking facilities or a system of parking
237	237	facilities, including lots, garages, parking terminals, or other
238	238	structures or accommodations for parking motor vehicles off the
239	239	streets and related appurtenances.
240	240	(b) The district's parking facilities serve the public
241	241	purposes of the district and are owned, used, and held for a public
242	242	purpose even if leased or operated by a private entity for a term of
243	243	years.
244	244	(c) The district's parking facilities are parts of and
245	245	necessary components of a street and are considered to be a street
246	246	or road improvement.
247	247	(d) The development and operation of the district's parking
248	248	facilities may be considered an economic development program.
249	249	Sec. 3906.113. ANNEXATION OR EXCLUSION OF LAND. (a) The
250	250	district may annex land as provided by Subchapter J, Chapter 49,
251	251	Water Code.
252	252	(b) The district may exclude land as provided by Subchapter
253	253	J, Chapter 49, Water Code. Section 375.044(b), Local Government
254	254	Code, does not apply to the district.
255	255	Sec. 3906.114. LIMITED EMINENT DOMAIN POWER TO ACQUIRE
256	256	SEAWALL. (a) The district may acquire by condemnation any land,
257	257	easements, or other property inside the district boundaries only as
258	258	necessary for the construction of a seawall. The district may elect
259	259	to condemn either the fee simple title or a lesser property
260	260	interest.
261	261	(b) The district may not acquire by condemnation:
262	262	(1) any land, easements, or other property inside the
263	263	district boundaries for a purpose other than constructing a
264	264	seawall;
265	265	(2) any land, easements, or other property outside the
266	266	district; or
267	267	(3) water or water rights.
268	268	(c) The district shall exercise the right of eminent domain
269	269	in the manner provided by Chapter 21, Property Code. The district
270	270	is not required to:
271	271	(1) give bond for appeal or bond for costs in a
272	272	condemnation suit or other suit to which it is a party; or
273	273	(2) deposit more than the amount of an award in a suit.
274	274	(d) Section 375.094, Local Government Code, does not apply
275	275	to the district.
276	276	[Sections 3906.115-3906.150 reserved for expansion]
277	277	SUBCHAPTER C-1. IMPROVEMENT PROJECTS
278	278	Sec. 3906.151. BOARD DETERMINATION REQUIRED. The district
279	279	may not undertake an improvement project unless the board
280	280	determines the project to be necessary to accomplish a public
281	281	purpose of the district.
282	282	Sec. 3906.152. LOCATION OF IMPROVEMENT PROJECT. An
283	283	improvement project may be located:
284	284	(1) in the district; or
285	285	(2) in an area outside but adjacent to the district if
286	286	the project is for the purpose of extending a public infrastructure
287	287	improvement beyond the district's boundaries to a logical terminus.
288	288	Sec. 3906.153. MUNICIPAL REQUIREMENTS. An improvement
289	289	project in a municipality must comply with any applicable municipal
290	290	requirements, including codes and ordinances.
291	291	Sec. 3906.154. LAKE OR OTHER BODY OF WATER. For the
292	292	purposes of this subchapter, planning, design, construction,
293	293	improvement, or maintenance of a lake or other body of water
294	294	includes dredging, cleaning, widening, deepening, or other
295	295	drainage, reclamation, or recreation work done to make the lake or
296	296	other body of water navigable, clean, or safe for recreational use.
297	297	Sec. 3906.155. WATER. (a) An improvement project may
298	298	include a supply and distribution facility or system to provide
299	299	potable and nonpotable water to the residents and businesses of the
300	300	district, including a wastewater collection facility.
301	301	(b) The district may plan, design, construct, improve,
302	302	maintain, or operate a water or sewer facility under this section.
303	303	Sec. 3906.156. ROADS. An improvement project may include a
304	304	paved, macadamized, or graveled road or street to the full extent
305	305	authorized by Section 52, Article III, Texas Constitution.
306	306	Sec. 3906.157. STORM WATER. An improvement project may
307	307	include protection and improvement of the quality of storm water
308	308	that flows through the district.
309	309	Sec. 3906.158. EDUCATION AND CULTURE. An improvement
310	310	project may include the planning and acquisition of:
311	311	(1) public art and sculpture and related exhibits and
312	312	facilities; or
313	313	(2) an educational facility and a cultural exhibit or
314	314	facility.
315	315	Sec. 3906.159. CONVENTION CENTER. An improvement project
316	316	may include the planning, design, construction, acquisition,
317	317	lease, rental, improvement, maintenance, installation, and
318	318	management of and provision of furnishings for a facility for:
319	319	(1) a conference, convention, or exhibition;
320	320	(2) a manufacturer, consumer, or trade show;
321	321	(3) a civic, community, or institutional event; or
322	322	(4) an exhibit, display, attraction, special event, or
323	323	seasonal or cultural celebration or holiday.
324	324	Sec. 3906.160. DEMOLITION. An improvement project may
325	325	include the removal, razing, demolition, or clearing of land or
326	326	improvements in connection with an improvement project.
327	327	Sec. 3906.161. MITIGATION OF ENVIRONMENTAL EFFECTS;
328	328	DEVELOPMENT AGREEMENT; TRANSIT PROJECT. An improvement project may
329	329	include the acquisition and improvement of land or other property
330	330	for the mitigation of the environmental effects of an improvement
331	331	project if the acquisition:
332	332	(1) complies with a development agreement between the
333	333	district and another person and the agreement conditions
334	334	reimbursement of costs associated with the acquisition on the
335	335	completion of substantial vertical development; or
336	336	(2) relates to a transit project.
337	337	Sec. 3906.162. ACQUISITION OF PROPERTY. An improvement
338	338	project may include the acquisition of property or an interest in
339	339	property in connection with an improvement project, including a
340	340	project authorized by Subchapter A, Chapter 372, Local Government
341	341	Code.
342	342	Sec. 3906.163. SPECIAL OR SUPPLEMENTAL SERVICES. An
343	343	improvement project may include a special or supplemental service
344	344	for the improvement and promotion of the district or an area
345	345	adjacent to the district or for the protection of public health and
346	346	safety in or adjacent to the district, including:
347	347	(1) a service listed in Section 375.112(a)(4), Local
348	348	Government Code;
349	349	(2) tourism;
350	350	(3) fire protection or emergency medical services; or
351	351	(4) educational improvements, enhancements, and
352	352	services.
353	353	Sec. 3906.164. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
354	354	MAINTENANCE. An improvement project may include the planning,
355	355	design, construction, improvement, and maintenance of:
356	356	(1) a project or service listed in Section
357	357	375.112(a)(1), Local Government Code;
358	358	(2) highway right-of-way or transit corridor
359	359	beautification and improvement;
360	360	(3) a hiking and cycling path or trail;
361	361	(4) a pedestrian walkway;
362	362	(5) a garden, community activities center, dock,
363	363	wharf, sports facility, open space, or related exhibit or preserve;
364	364	or
365	365	(6) a bulkhead or other improvement designed to
366	366	prevent erosion.
367	367	Sec. 3906.165. SIMILAR IMPROVEMENT PROJECTS. An
368	368	improvement project may include a public improvement, facility, or
369	369	service similar to a project described by this subchapter.
370	370	[Sections 3906.166-3906.200 reserved for expansion]
371	371	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
372	372	Sec. 3906.201. BORROWING MONEY. The district may borrow
373	373	money for a district purpose by issuing or executing bonds,
374	374	negotiable or nonnegotiable notes, credit agreements, or other
375	375	obligations of any kind found by the board to be necessary or
376	376	appropriate for a district purpose. The bond, note, credit
377	377	agreement, or other obligation must be secured by and payable from
378	378	any combination of ad valorem taxes, assessments, or any other
379	379	district revenue or sources of money.
380	380	Sec. 3906.202. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
381	381	BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
382	382	secure the payment or repayment of any bond, note, or other
383	383	temporary or permanent obligation or reimbursement or other
384	384	contract with any person and the costs and expenses of the
385	385	establishment, administration, and operation of the district and
386	386	the district's costs or share of the costs or revenue of an
387	387	improvement project or district contractual obligation or
388	388	indebtedness by:
389	389	(1) the imposition of an ad valorem tax or an
390	390	assessment, user fee, concession fee, or rental charge; or
391	391	(2) any other revenue or resources of the district,
392	392	including tax increment revenue.
393	393	Sec. 3906.203. ASSESSMENTS. (a) The district may impose
394	394	an assessment on property in the district to pay the cost or the
395	395	cost of maintenance of any authorized district improvement in the
396	396	manner provided for:
397	397	(1) a district under Subchapters A, E, and F, Chapter
398	398	375, Local Government Code; or
399	399	(2) a municipality or county under Subchapter A,
400	400	Chapter 372, Local Government Code.
401	401	(b) An assessment, a reassessment, or an assessment
402	402	resulting from an addition to or correction of the assessment roll
403	403	by the district, penalties and interest on an assessment or
404	404	reassessment, an expense of collection, and reasonable attorney's
405	405	fees incurred by the district:
406	406	(1) are a first and prior lien against the property
407	407	assessed; and
408	408	(2) are superior to any other lien or claim other than
409	409	a lien or claim for county, school district, or municipal ad valorem
410	410	taxes.
411	411	(c) The lien of an assessment against property runs with the
412	412	land. The portion of an assessment payment obligation that has not
413	413	yet come due is not eliminated by the foreclosure of an ad valorem
414	414	tax lien, and any purchaser of property in a foreclosure of an ad
415	415	valorem tax lien takes the property subject to the assessment
416	416	payment obligations that have not yet come due and to the lien and
417	417	terms of the lien's payment under the applicable assessment
418	418	ordinance or order.
419	419	(d) The board may make a correction to or deletion from the
420	420	assessment roll that does not increase the amount of assessment of
421	421	any parcel of land without providing notice and holding a hearing in
422	422	the manner required for additional assessments.
423	423	Sec. 3906.204. NOTICE OF ASSESSMENT. The board shall file
424	424	notice of an assessment imposed with the county clerk of Cameron
425	425	County and post the notice on the district's Internet website.
426	426	Sec. 3906.205. STORM WATER USER CHARGES. The district may
427	427	establish user charges related to the operation of storm water
428	428	facilities, including the regulation of storm water for the
429	429	protection of water quality in the district.
430	430	Sec. 3906.206. NONPOTABLE WATER USER CHARGES. The district
431	431	may establish user charges for the use of nonpotable water for
432	432	irrigation purposes, subject to approval of the governing body of
433	433	the municipality in which the user is located.
434	434	Sec. 3906.207. COSTS FOR IMPROVEMENT PROJECTS. The
435	435	district may undertake separately or jointly with other persons,
436	436	including the city, all or part of the cost of an improvement
437	437	project, including an improvement project:
438	438	(1) for improving, enhancing, and supporting public
439	439	safety and security, fire protection and emergency medical
440	440	services, and law enforcement; or
441	441	(2) that confers a general benefit on the entire
442	442	district or a special benefit on a definable part of the district.
443	443	Sec. 3906.208. RESIDENTIAL PROPERTY NOT EXEMPT. Section
444	444	375.161, Local Government Code, does not apply to the district.
445	445	[Sections 3906.209-3906.250 reserved for expansion]
446	446	SUBCHAPTER E. TAXES AND BONDS
447	447	Sec. 3906.251. TAX ABATEMENT. The district may enter into a
448	448	tax abatement agreement in accordance with the general laws of this
449	449	state authorizing and applicable to a tax abatement agreement by a
450	450	municipality.
451	451	Sec. 3906.252. PROPERTY TAX AUTHORIZED. The district may
452	452	impose an ad valorem tax on all taxable property in the district to:
453	453	(1) pay for an improvement project of the types
454	454	authorized by Section 52(b), Article III, and Section 59, Article
455	455	XVI, Texas Constitution; or
456	456	(2) secure the payment of bonds issued for a purpose
457	457	described by Subdivision (1).
458	458	Sec. 3906.253. MAINTENANCE AND OPERATION TAX; ELECTION.
459	459	(a) The district may impose a tax for maintenance and operation
460	460	purposes, including for:
461	461	(1) planning, constructing, acquiring, maintaining,
462	462	repairing, and operating all improvement projects, including land,
463	463	plants, works, facilities, improvements, appliances, and equipment
464	464	of the district; and
465	465	(2) paying costs of services, engineering and legal
466	466	fees, and organization and administrative expenses.
467	467	(b) The district may not impose a maintenance and operation
468	468	tax unless the tax is approved by a majority of the district voters
469	469	voting at an election held for that purpose.
470	470	(c) A maintenance and operation tax election may be held at
471	471	the same time and in conjunction with any other district election.
472	472	The election may be called by a separate election order or as part
473	473	of any other election order.
474	474	Sec. 3906.254. USE OF SURPLUS MAINTENANCE AND OPERATION
475	475	MONEY. If the district has maintenance and operation tax money that
476	476	is not needed for the purposes for which it was collected, the money
477	477	may be used for any authorized purpose.
478	478	Sec. 3906.255. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
479	479	APPROVAL. (a) The district may issue by public or private sale
480	480	bonds, notes, or other obligations payable wholly or partly from ad
481	481	valorem taxes, tax increment financing, or assessments in the
482	482	manner provided by Subchapter A, Chapter 372, or Subchapter J,
483	483	Chapter 375, Local Government Code.
484	484	(b) In exercising the district's borrowing power, the
485	485	district may issue a bond or other obligation in the form of a bond,
486	486	note, certificate of participation or other instrument evidencing a
487	487	proportionate interest in payments to be made by the district, or
488	488	any other type of obligation.
489	489	(c) In addition to the sources of money described by Chapter
490	490	311, Tax Code, Subchapter A, Chapter 372, and Subchapter J, Chapter
491	491	375, Local Government Code, district bonds may be secured and made
492	492	payable, wholly or partly, by a pledge of any part of the money the
493	493	district receives from system or improvement revenue or from any
494	494	other source.
495	495	Sec. 3906.256. ISSUANCE AND APPROVAL OF OBLIGATION POWERS.
496	496	The district has the powers provided by Chapter 1371, Government
497	497	Code.
498	498	Sec. 3906.257. BOND MATURITY. Bonds may mature not more
499	499	than 40 years from their date of issue.
500	500	Sec. 3906.258. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
501	501	the time bonds or other obligations payable wholly or partly from ad
502	502	valorem taxes are issued:
503	503	(1) the board shall impose a continuing direct annual
504	504	ad valorem tax for each year that all or part of the bonds are
505	505	outstanding; and
506	506	(2) the district annually shall impose an ad valorem
507	507	tax on all taxable property in the district in an amount sufficient
508	508	to:
509	509	(A) pay the interest on the bonds or other
510	510	obligations as the interest becomes due; and
511	511	(B) create a sinking fund for the payment of the
512	512	principal of the bonds or other obligations when due or the
513	513	redemption price at any earlier required redemption date.
514	514	Sec. 3906.259. AUTHORITY TO ESTABLISH DEFINED AREAS OR
515	515	DESIGNATED PROPERTY. The district may define areas or designate
516	516	certain property of the district in the manner provided by
517	517	Subchapter J, Chapter 54, Water Code, regardless of the district's
518	518	size, to pay for improvements, facilities, or services that
519	519	primarily benefit that area or property and do not generally and
520	520	directly benefit the district as a whole.
521	521	Sec. 3906.260. NOTICE OF TAX. The district shall file
522	522	notice of a tax imposed with the county clerk of Cameron County and
523	523	post the notice on the district's Internet website.
524	524	[Sections 3906.261-3906.300 reserved for expansion]
525	525	SUBCHAPTER F. TAX INCREMENT REINVESTMENT ZONE
526	526	Sec. 3906.301. DISTRICT AS TAX INCREMENT REINVESTMENT ZONE.
527	527	Without further authorization or procedural requirement, the
528	528	district is a tax increment reinvestment zone under Chapter 311,
529	529	Tax Code.
530	530	Sec. 3906.302. BOARD; POWERS. (a) The district's board is
531	531	the board of directors of the tax increment reinvestment zone.
532	532	(b) The district's board has the powers of the board of
533	533	directors of a tax increment reinvestment zone granted under
534	534	Chapter 311, Tax Code, including:
535	535	(1) the powers granted to a municipality under Section
536	536	311.008, Tax Code, subject to the limitations in Section 311.010,
537	537	Tax Code; and
538	538	(2) the power under Section 311.010(c), Tax Code, to
539	539	restrict the use of property in the zone under Chapter 211, Local
540	540	Government Code.
541	541	(c) Section 311.009, Tax Code, does not apply to the tax
542	542	increment reinvestment zone board.
543	543	Sec. 3906.303. BASE YEAR VALUE. The base year value of the
544	544	district, for tax increment financing purposes, is the value as of
545	545	January 1, 2011, of all taxable real property in the district as
546	546	shown on the certified tax rolls of the central appraisal district.
547	547	Sec. 3906.304. INTERLOCAL AGREEMENTS ALLOWED. The district
548	548	and an overlapping taxing unit may enter into an interlocal
549	549	agreement for the payment of all or a portion of the tax increment
550	550	of the unit to the district.
551	551	Sec. 3906.305. USE OF MONEY. The district may grant money
552	552	deposited in the tax increment fund to the district to be used by
553	553	the district for the purposes permitted for money granted to a
554	554	corporation under Section 380.002(b), Local Government Code,
555	555	including the right to pledge the money as security for any bonds
556	556	issued by the district for an improvement project.
557	557	Sec. 3906.306. CITY CONSENT; DURATION. The city may, in its
558	558	consent to the creation of the district, determine the portion of
559	559	tax increment to be paid to the district and the initial duration of
560	560	the tax increment reinvestment zone.
561	561	Sec. 3906.307. RESTRICTIONS ON AREA NOT APPLICABLE. The
562	562	area of the district that is a tax increment reinvestment zone is
563	563	not subject to the limitations provided by Section 311.006(b), Tax
564	564	Code.
565	565	[Sections 3906.308-3906.350 reserved for expansion]
566	566	SUBCHAPTER G. DISSOLUTION
567	567	Sec. 3906.351. DISSOLUTION OF DISTRICT WITH OUTSTANDING
568	568	DEBT. (a) The district may be dissolved as provided by Subchapter
569	569	M, Chapter 375, Local Government Code, except that Section 375.264,
570	570	Local Government Code, does not apply to the district.
571	571	(b) The board may dissolve the district regardless of
572	572	whether the district has debt.
573	573	(c) If the district has debt when it is dissolved, the
574	574	district shall remain in existence solely for the purpose of
575	575	discharging its debts. The dissolution is effective when all debts
576	576	have been discharged.
577	577	Sec. 3906.352. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
578	578	(a) If the dissolved district has bonds or other obligations
579	579	outstanding secured by and payable from assessments or other
580	580	revenue, other than ad valorem taxes, the city shall succeed to the
581	581	rights and obligations of the district regarding enforcement and
582	582	collection of the assessments or other revenue.
583	583	(b) The city shall have and exercise all district powers to
584	584	enforce and collect the assessments or other revenue to pay:
585	585	(1) the bonds or other obligations when due and
586	586	payable according to their terms; or
587	587	(2) special revenue or assessment bonds or other
588	588	obligations issued by the city to refund the outstanding bonds or
589	589	obligations.
590	590	Sec. 3906.353. ASSUMPTION OF ASSETS AND LIABILITIES. If
591	591	the city dissolves the district:
592	592	(1) the city assumes the obligations of the district,
593	593	including any bonds or other debt payable from assessments or other
594	594	district revenue; and
595	595	(2) the board shall transfer ownership of all district
596	596	property to the city.
597	597	SECTION 2. The Port Isabel Improvement District No. 1
598	598	initially includes all the territory contained in the following
599	599	area:
600	600	Being a 45.10 acre tract out of a 182.42 acre tract situated in the
601	601	City of Port Isabel, Cameron County, Texas, said 182.42 acre tract
602	602	being more particularly described by metes and bounds as follows;
603	603	Beginning at the approximate intersection of W. State Hwy. 100 (W.
604	604	Queen Isabella Blvd.) and N. 2nd St., said intersection being the
605	605	POINT OF BEGINNING and also the southwestern most corner of this
606	606	tract:
607	607	Thence, continuing generally north along N. 2nd St. N00°00'38"W,
608	608	992.66 feet to a point approximately located at the intersection of
609	609	2nd St. and Illinois Ave. and a point of deflection to the right;
610	610	Thence, continuing generally east along Illinois Ave. S90°00'00"E,
611	611	288.23 feet to a point approximately located at the intersection of
612	612	Illinois Ave. and First St. and a point of deflection to the left;
613	613	Thence, continuing generally in a northeasterly direction along
614	614	First St., N30°19'02"E, 885.93 feet and then N27°42'48"E, 212.40
615	615	feet to a point approximately located at the intersection of First
616	616	St. and W. North Shore Dr.;
617	617	Thence, continuing generally in an easterly direction along W.
618	618	North Shore Dr. with the following calls:
619	619	Following along a curve to the right having a radius of 3481.45 feet
620	620	and an arc length of 515.77 feet;
621	621	Thence, N80°34'06"E, 688.86 feet passing through the W. North Shore
622	622	Dr. Cul-de-Sac situated on the west side of the main canal and
623	623	crossing said main canal to a point approximately located at the
624	624	center of the W. North Shore Dr. Cul-de-Sac;
625	625	Thence, N87°16'53"E, 262.60 feet to a point located at the
626	626	intersection of N. Shore Dr. and N. Yturria St. and a point of
627	627	deflection to the right;
628	628	Thence, continuing generally in a southeasterly direction along N.
629	629	Yturria St. with the following calls:
630	630	S66°43'02"E, 1048.75 feet,
631	631	Thence, S77°29'11"E, 834.75 feet,
632	632	Thence, S77°20'18"E, 78.40 feet,
633	633	Thence, S34°27'49"E, 706.34 feet to a point approximately located at
634	634	the intersection with N. Yturria St. and W. State Hwy. 100 (W. Queen
635	635	Isabella Blvd.)
636	636	Thence, continuing generally along W. State Hwy. 100 (W. Queen
637	637	Isabella Blvd.) with the following calls:
638	638	S76°30'15"W, 237.92 feet,
639	639	Thence, S55°32'11"W, 485.22 feet,
640	640	Thence, S53°19'55"W, 1309.56 feet,
641	641	Thence, following along a curve to the right having a radius of
642	642	1250.27 feet and an arc length of 928.59 feet,
643	643	Thence, N84°02'49"W, 847.36 feet,
644	644	Thence, following along a curve to the right having a radius of
645	645	2763.89 feet and an arc length of 887.31 feet,
646	646	Thence, N68°12'13"W, 318.83 feet to the approximate POINT OF
647	647	BEGINNING and containing 182.42 acres, Less the following three
648	648	areas totaling 45.10 acres to be excluded;
649	649	97.01 Acre Tract:
650	650	Excluding an area being 97.01 acres situated within the afore
651	651	mentioned 182.42 acres and being more particularly described as
652	652	follows:
653	653	Beginning at a point situated approximately 380.0 feet southwest of
654	654	the approximate intersection of N. Shore Dr. and N. Yturria St. said
655	655	intersection being the POINT OF BEGINNING,
656	656	Thence, N80°34'06"E, 116.18 feet, to a point of deflection to the
657	657	right,
658	658	Thence, N87°16'53"E, 262.60 feet to a point located at the
659	659	intersection of N. Shore Dr. and N. Yturria St. and a point of
660	660	deflection to the right;
661	661	Thence, continuing generally in a southeasterly direction along N.
662	662	Yturria St. with the following calls:
663	663	S66°43'02"E, 1048.75 feet,
664	664	Thence, S77°29'11"E, 834.75 feet,
665	665	Thence, S77°20'18"E, 78.40 feet,
666	666	Thence, S34°27'49"E, 706.34 feet to a point approximately located at
667	667	the intersection with N. Yturria St. and W. State Hwy. 100 (W. Queen
668	668	Isabella Blvd.)
669	669	Thence, continuing generally along W. State Hwy. 100 (W. Queen
670	670	Isabella Blvd.) with the following calls:
671	671	S76°30'15"W, 237.92 feet,
672	672	Thence, S55°32'11"W, 485.22 feet,
673	673	Thence, S53°19'55"W, 1309.56 feet,
674	674	Thence, following along a curve to the right having a radius of
675	675	1250.27 feet and an arc length of 922.59 feet,
676	676	Thence, continuing generally north along Island Ave. N04°20'40"E,
677	677	222.19 feet,
678	678	Thence, following along a curve to the left having a radius of
679	679	777.53 feet and an arc length of 437.02 feet,
680	680	Thence, following along a curve to the right having a radius of
681	681	573.56 feet and an arc length of 289.72 feet,
682	682	Thence, N00°00'00"W, 1320.52 feet,
683	683	Thence, N67°19'01"E, 52.43 feet,
684	684	Thence, N45°42'19"E, 51.62 feet,
685	685	Thence, N07°16'44"E, 124.96 feet,
686	686	Thence, N35°58'29"W, 55.40 feet,
687	687	Thence, N02°09'44W, 23.47 feet, to the approximate POINT OF
688	688	BEGINNING and containing 97.01 acres.
689	689	36.50 Acres:
690	690	Excluding an area being 36.50 acres situated within the afore
691	691	mentioned 182. 42 acres, and being more particularly described as
692	692	follows:
693	693	Beginning at a point situated approximately 700.00 feet east of the
694	694	approximate intersection of N. Shore Dr. and Yturria St., said
695	695	point being the POINT OF BEGINNING,
696	696	Thence, continuing along a shoreline with the following calls:
697	697	Following along a curve to the right having a radius of 146.44 feet
698	698	and an arc length of 179.23 feet,
699	699	Thence, N88°34'07"W, 59.23 feet,
700	700	Thence, S81°35'31"W, 212.48 feet,
701	701	Thence, S52°03'09"W, 170.82 feet,
702	702	Thence, S60°00'52"W, 165.71 feet,
703	703	Thence, S43°44'31"W, 94.20 feet,
704	704	Thence, S51°21'18"W, 113.71 feet,
705	705	Thence, S37°43'13"W, 346.57 feet,
706	706	Thence, following along a curve to the left having a radius of
707	707	360.58 feet and an arc length of 220.18 feet,
708	708	Thence, S01°45'48"E, 122.64 feet,
709	709	Thence, following along a curve to the left having a radius of
710	710	1419.42 feet and an arc length of 277.22 feet,
711	711	Thence, S17°12'41"E, 720.75 feet,
712	712	Thence, N61°12'07"E, 42.91 feet,
713	713	Thence, following along a curve to the right having a radius of
714	714	217.02 feet and an arc length of 170.89 feet,
715	715	Thence, S74°43'17"E, 303.06 feet,
716	716	Thence, S86°44'59"E, 82.86 feet,
717	717	Thence, N72°02'59"E, 137.36 feet,
718	718	Thence, N58°15'14"E, 165.73 feet,
719	719	Thence, N01°30'30"E, 51.00 feet,
720	720	Thence, N54°15'37"E, 124.02 feet,
721	721	Thence, following along a curve to the left having a radius of
722	722	110.46 feet and an arc length of 95.48 feet,
723	723	Thence, N04°42'37"E, 114.42 feet,
724	724	Thence, S89°07'57"W, 88.60 feet,
725	725	Thence, S29°33'06"W, 92.53 feet,
726	726	Thence, S35°24'33"W, 125.10 feet,
727	727	Thence, N61°53'20"W, 88.26 feet,
728	728	Thence, N29°13'06"E, 247.48 feet,
729	729	Thence, following along a curve to the left having a radius of
730	730	1357.61feet and an arc length of 147.15 feet,
731	731	Thence, N09°00'46"E, 54.80 feet,
732	732	Thence, N11°50'53"E, 94.86 feet,
733	733	Thence, following along a curve to the right having a radius of
734	734	225.45feet and an arc length of 108.46 feet,
735	735	Thence, N71°20'07"E, 70.18 feet, to a point on the western
736	736	right-of-way of Island Ave.
737	737	Thence, S00°00'00"W, 337.14 feet,
738	738	Thence, following along a curve to the left having a radius of
739	739	734.06feet and an arc length of 282.24 feet,
740	740	Thence, following along a curve to the right having a radius of
741	741	777.53feet and an arc length of 437.02 feet,
742	742	Thence, S04°20'40"W, 222.19 feet,
743	743	Thence, N84°02'49"W, 784,86 feet,
744	744	Thence, following along a curve to the right having a radius of
745	745	2763.89 feet and an arc length of 887.31 feet,
746	746	Thence, N68°12'13"W, 318.83 feet,
747	747	Thence, N00°00'38"W, 992.66 feet,
748	748	Thence, S90°00'00"E, 288.23 feet,
749	749	Thence, N30°19'02"E, 885.93 feet,
750	750	Thence, N27°42'48"E, 212.40 feet,
751	751	Thence, Following along a curve to the right having a radius of
752	752	3481.45 feet and an arc length of 515.77 feet;
753	753	Thence, continuing generally north along Island Ave. N80°34'06"E,
754	754	284.43 feet to the approximate POINT OF BEGINNING and containing
755	755	36.50 acres.
756	756	Harbor Island Dr:
757	757	Excluding an area being 3.81 acres situated within the afore
758	758	mentioned 182.42 acres, said area partially encompassing Harbor
759	759	Island Dr. and being more particularly described as follows:
760	760	Beginning at a point situated approximately 93.0 feet northwest of
761	761	the approximate intersection of Harbor Island Dr. and Island Ave.,
762	762	said intersection being the POINT OF BEGINNING,
763	763	Thence, continuing in a southerly direction along with the west
764	764	right-of-way of Island Ave. with the following calls:
765	765	S00°22'36"E, 239.66 feet
766	766	Thence, N51°07'58"W, 48.22 feet,
767	767	Thence, S81°59'37"W 165.11 feet,
768	768	Thence, S54°05'12"W, 472.53 feet,
769	769	Thence, N46°24'16"E, 59.39 feet,
770	770	Thence, S50°19'46"W, 91.11 feet,
771	771	Thence, N47°03'38"W, 59.11 feet,
772	772	Thence, N65°33'01"W, 52.83 feet,
773	773	Thence, N26°31'28"E, 97.24 feet,
774	774	Thence, N52°36'42"E, 388.69 feet,
775	775	Thence, N64°30'00"W, 236.16 feet,
776	776	Thence, N75°43'05"E, 132.47 feet,
777	777	Thence, N85°31'47"E, 93.17 feet, to the approximate POINT OF
778	778	BEGINNING and containing 3.81 acres.
779	779	The total acreage for said 182.42 acre tract excluding said three
780	780	areas totaling 137.32 acres described herein totals 45.10 acres.
781	781	SECTION 3. (a) The legal notice of the intention to
782	782	introduce this Act, setting forth the general substance of this
783	783	Act, has been published as provided by law, and the notice and a
784	784	copy of this Act have been furnished to all persons, agencies,
785	785	officials, or entities to which they are required to be furnished
786	786	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
787	787	Government Code.
788	788	(b) The governor, one of the required recipients, has
789	789	submitted the notice and Act to the Texas Commission on
790	790	Environmental Quality.
791	791	(c) The Texas Commission on Environmental Quality has filed
792	792	its recommendations relating to this Act with the governor,
793	793	lieutenant governor, and speaker of the house of representatives
794	794	within the required time.
795	795	(d) All requirements of the constitution and laws of this
796	796	state and the rules and procedures of the legislature with respect
797	797	to the notice, introduction, and passage of this Act have been
798	798	fulfilled and accomplished.
799	799	SECTION 4. This Act takes effect immediately if it receives
800	800	a vote of two-thirds of all the members elected to each house, as
801	801	provided by Section 39, Article III, Texas Constitution. If this
802	802	Act does not receive the vote necessary for immediate effect, this
803	803	Act takes effect September 1, 2011.