H.B. No. 2138
AN ACT
relating to the board of directors of the Near Northside Management
District and to the district's boundaries and territory.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Chapter 358, Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
Sec. 2. BOUNDARIES. The Near Northside Management District
initially includes all the territory contained in the following
area:
In Harris County, Texas, the territory enclosed by Loop 610 as the
north boundary, Lockwood Dr. as the east boundary, Buffalo Bayou
[Interstate 10] as the south boundary, and Jensen Dr. as the west
boundary.
SECTION 2. Subchapter A, Chapter 3905, Special District
Local Laws Code, is amended by adding Section 3905.009 to read as
follows:
Sec. 3905.009. OVERLAPPING TERRITORY. (a) If territory in
the district overlaps with the boundaries of another district
created before June 17, 2011, that has the powers of a district
created under Chapter 375, Local Government Code, the overlapping
territory is excluded from the territory of the district that was
created first, regardless of whether the territory overlapped on
June 17, 2011.
(b) The exclusion of territory under this section does not
diminish or impair the rights of the holders of any outstanding and
unpaid bonds, warrants, or other district obligations. The district
that was created first shall continue to impose fees, taxes, or
assessments, if any, on the excluded territory at the same rate
imposed on other territory in the district until the total amount of
fees, taxes, or assessments collected from the excluded territory
equals its pro rata share of the indebtedness of the district at the
time the territory was excluded. All fees, taxes, or assessments
collected in the excluded territory by the district that was
created first shall be applied to the payment of the excluded
territory's pro rata share of indebtedness. The owner of all or part
of the excluded territory at any time may pay in full the owner's
share of the excluded territory's pro rata share of the
indebtedness at the time the territory was excluded.
(c) If the district that was created first does not have any
outstanding and unpaid bonds, warrants, or other district
obligations, but imposes assessments under an assessment plan
adopted before May 1, 2013, the district may continue to impose
those assessments on the excluded territory at the same rate
imposed on other territory in the district to satisfy the
requirements of that assessment plan. All assessments collected in
the excluded territory by the district that was created first shall
be applied to satisfy the requirements of the assessment plan.
SECTION 3. Sections 3905.051 and 3905.056, Special District
Local Laws Code, are amended to read as follows:
Sec. 3905.051. GOVERNING BODY; TERMS. The district is
governed by a board of 12 [nine] directors who serve staggered terms
of three years, with four [three] directors' terms expiring June 1
of each year.
Sec. 3905.056. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Ethel Kaye Lee 1 Ethel Kaye Lee
1 Ethel Kaye Lee
2 Rose Russell 2 Rose Russell
2 Rose Russell
3 Michael Ashley 3 Michael Ashley
3 Michael Ashley
4 Dr. Albert Lemon 4 Dr. Albert Lemon
4 Dr. Albert Lemon
5 Earl White 5 Earl White
5 Earl White
6 Ann Tillis 6 Ann Tillis
6 Ann Tillis
7 John Fields 7 John Fields
7 John Fields
8 Harvey Clemons 8 Harvey Clemons
8 Harvey Clemons
9 Renee Llorens 9 Renee Llorens
9 Renee Llorens
10 Rosalind Malveaux 10 Rosalind Malveaux
10 Rosalind Malveaux
11 Jeremy Brown 11 Jeremy Brown
11 Jeremy Brown
12 Jarrett Leland 12 Jarrett Leland
12 Jarrett Leland
(b) Of the initial directors, the terms of directors serving
in positions 1, 2, and 3 expire June 1, 2013, the terms of directors
serving in positions 4, 5, [and] 6, and 10 expire June 1, 2014,
[and] the terms of directors serving in positions 7, 8, [and] 9, and
11 expire June 1, 2015, and the term of the director serving in
position 12 expires June 1, 2016.
(c) Section 3905.052 does not apply to the initial
directors.
(d) This section expires September 1, 2016 [2015].
SECTION 4. (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 5. 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2138 was passed by the House on May 9,
2013, by the following vote: Yeas 134, Nays 4, 5 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2138 on May 22, 2013, by the following vote: Yeas 144, Nays 3,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2138 was passed by the Senate, with
amendments, on May 20, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor
Pos. No. Name of Director
1 Ethel Kaye Lee
2 Rose Russell
3 Michael Ashley
4 Dr. Albert Lemon
5 Earl White
6 Ann Tillis
7 John Fields
8 Harvey Clemons
9 Renee Llorens
10 Rosalind Malveaux
11 Jeremy Brown
12 Jarrett Leland