H.B. No. 3860
AN ACT
relating to the creation of the Generation Park Management
District; providing authority to issue bonds; providing authority
to impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3916 to read as follows:
CHAPTER 3916. GENERATION PARK MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3916.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Houston, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "County" means Harris County.
(5) "Director" means a board member.
(6) "District" means the Generation Park Management
District.
Sec. 3916.002. CREATION AND NATURE OF DISTRICT. The
Generation Park Management District is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec. 3916.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 3916.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 3916.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 3916.005. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district, the legislature has established
a program to accomplish the public purposes set out in Sections 52
and 52-a, Article III, Texas Constitution.
(b) The creation of 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, the county, or another
governmental entity from providing the level of services provided
as of the effective date of the Act enacting this chapter to the
area in the district. The district is created to supplement and not
to supplant governmental services provided in the district.
Sec. 3916.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) 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 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) 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.
(d) 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;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways, road facilities,
enhanced infrastructure, and recreational facilities and by
landscaping and developing certain areas, which are necessary for
the restoration, preservation, and enhancement of scenic and
aesthetic beauty; and
(4) provide for water, wastewater, drainage, road,
rail, and recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects and other improvements
located in or adjacent to road rights-of-way are parts of and
necessary components of a street and are considered to be a street
or road improvement.
Sec. 3916.007. DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act enacting this chapter.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act enacting this chapter form a closure. A
mistake in the field notes or in copying the field notes in the
legislative process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds, notes, or other
obligations for a purpose for which the district is created or to
pay the principal of and interest on the bonds, notes, or other
obligations;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3916.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code;
(4) a foreign trade zone created under Chapter 681,
Business & Commerce Code; or
(5) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3916.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3916.010. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
Sec. 3916.011. CONFLICTS OF LAW. This chapter prevails
over any provision of general law, including a provision of Chapter
375, Local Government Code, that is in conflict or inconsistent
with this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3916.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors elected as provided by this
chapter and Subchapter D, Chapter 49, Water Code.
(b) Except as provided by Section 3916.053, directors serve
staggered four-year terms.
Sec. 3916.052. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3916.053. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district according to the most recent certified tax appraisal roll
for the county may submit a petition to the commission requesting
that the commission appoint as temporary directors the five persons
named in the petition. On request of the member of the state house
of representatives in whose legislative district the largest
percentage of the district is located, the owner or owners must
include in the petition the name of a person designated by the
representative. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3916.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 3916.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 3916.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
according to the most recent certified tax appraisal roll for the
county may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. On request of the member of the
state house of representatives in whose legislative district the
largest percentage of the district is located, the owner or owners
must include in the petition the name of a person designated by the
representative. The commission shall appoint as successor
temporary directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3916.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3916.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any 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 project or service authorized under this chapter or
under Chapter 375, Local Government Code.
(b) An improvement project described by Subsection (a) may
be located inside or outside the district.
Sec. 3916.103. RECREATIONAL FACILITIES. The district may
develop or finance recreational facilities as authorized by Chapter
375, Local Government Code, Sections 52 and 52-a, Article III,
Texas Constitution, and any other law that applies to the district.
Sec. 3916.104. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds, notes, or other
obligations for, improve, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads or improvements, including storm drainage and other
improvements located in or adjacent to road rights-of-way, in aid
of those roads.
Sec. 3916.105. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
(a) The district shall convey a road project authorized by Section
3916.104 to:
(1) the municipality or county that will operate and
maintain the road if the municipality or county has approved the
plans and specifications of the road project; or
(2) the state if the state will operate and maintain
the road and the Texas Transportation Commission has approved the
plans and specifications of the road project.
(b) Except as provided by Subsection (c), the district shall
operate and maintain a road project authorized by Section 3916.104
that the district implements and is not approved by a municipality,
a county, or this state under Subsection (a).
(c) The district may agree in writing with a municipality, a
county, or this state to assign operation and maintenance duties to
the district, the municipality, the county, or this state in a
manner other than the manner described in Subsections (a) and (b).
Sec. 3916.106. RAIL FACILITIES. In addition to the powers
granted under Section 375.0921(b), Local Government Code, and under
Section 3916.151, the district may construct, acquire, improve,
maintain, finance, and operate rail facilities and improvements in
aid of those facilities for the transport of freight and other
cargo.
Sec. 3916.107. 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. 3916.108. 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. 3916.109. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3916.110. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a separate fee or as otherwise provided
by the contract.
Sec. 3916.111. 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. 3916.112. 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;
(2) Chapter 381, Local Government Code, provides to a
county; and
(3) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3916.113. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership agreement with the city under Section 43.0751, Local
Government Code.
Sec. 3916.114. REGIONAL PARTICIPATION AGREEMENT. The
district may negotiate and enter into a written regional
participation agreement with the city under Section 43.0754, Local
Government Code.
Sec. 3916.115. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
(c) After the district is organized and has obtained voter
approval for the issuance of, or has sold, bonds payable wholly or
partly from ad valorem taxes, the district may include and exclude
land as provided by this section and Sections 54.740-54.747, Water
Code. To the extent of a conflict between this subsection and
Section 54.739, Water Code, this subsection controls.
(d) If the district has any outstanding bonds or contract
obligations payable wholly or partly by a pledge of net revenues
from the ownership or operation of the district's facilities at the
time the board considers an application under Sections
54.740-54.747, Water Code, the lands proposed for inclusion shall
be considered to be sufficient to avoid an impairment of the
security for payment of obligations of the district if the
projected net revenue to be derived from the lands to be included
during the succeeding 12-month period, as determined by the
district's engineer, equals or exceeds the projected net revenue
that would otherwise have been derived from the lands to be excluded
during the same period. To the extent of a conflict between this
subsection and Section 54.744, Water Code, this subsection
controls.
Sec. 3916.116. APPLICABILITY OF OTHER LAW TO CERTAIN
CONTRACTS. (a) Subchapter I, Chapter 49, Water Code, applies to a
district contract for construction work, equipment, materials, or
machinery. The district may use a project delivery method described
by Subchapter I, Chapter 49, Water Code, or Chapter 2267,
Government Code.
(b) Sections 375.221 and 375.223, Local Government Code, do
not apply to the district.
Sec. 3916.117. TERMS OF EMPLOYMENT; COMPENSATION. The board
may employ and establish the terms of employment and compensation
of an executive director or general manager and any other district
employees the board considers necessary.
Sec. 3916.118. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER C-1. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
Sec. 3916.151. PUBLIC TRANSIT SYSTEM; PETITION REQUIRED.
(a) The district may acquire, lease as lessor or lessee, construct,
develop, own, operate, and maintain a public transit system to
serve the area in the district.
(b) The board may not act under Subsection (a) unless a
written petition requesting the action has been filed with the
board.
(c) The petition must be signed by:
(1) the owners of property representing a majority of
the total assessed value of the real property in the district that
abuts the right-of-way in which the public transit system is
proposed to be located; or
(2) the owners of a majority of the area of the real
property in the district that abuts the right-of-way in which the
public transit system is proposed to be located.
(d) For purposes of Subsection (c), the determination of a
majority is based on the property owners along the entire
right-of-way of the proposed transit project and may not be
calculated on a block-by-block basis.
Sec. 3916.152. 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. 3916.153. RULES. The district may adopt rules
covering its public transit system or its public parking
facilities, except that a rule relating to or affecting the use of
the public right-of-way or a requirement for off-street parking is
subject to all applicable county requirements.
Sec. 3916.154. FEES. The district may set the amount of and
impose a fee for the use of the district's public transit system and
parking facilities.
Sec. 3916.155. AGREEMENT WITH RAPID TRANSIT AUTHORITY. (a)
In this section, "authority" means a rapid transit authority
created under Chapter 451, Transportation Code.
(b) The district and an authority may agree to jointly
construct, own, operate, and maintain a transit facility or a
parking facility under the terms the authority and district desire.
(c) The agreement may provide that the district and the
authority exchange or trade land provided that each party to the
agreement receives fair market value. The authority is not required
to offer any property that it proposes to trade to the district for
sale to the public or for sale to any abutting property owner.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3916.201. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, maintain, or
provide any improvement or service authorized under this chapter or
Chapter 375, Local Government Code, using any money available to
the district.
Sec. 3916.202. 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) The petition must be signed by:
(1) 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; or
(2) at least 50 persons who own real property in the
district subject to assessment, if more than 50 persons own real
property in the district according to the most recent certified tax
appraisal roll for the county.
Sec. 3916.203. 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. 3916.204. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district without regard to whether that area is already subject to
or overlaps with an area of the district that is subject to a prior
assessment imposed by the board.
(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 are:
(1) a first and prior lien against the property
assessed;
(2) superior to any other lien or claim other than a
lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) 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. 3916.205. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
Sec. 3916.206. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
The district may not impose an assessment on the property,
including the equipment, rights-of-way, facilities, or
improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
Sec. 3916.207. CONDUITS. (a) The district may finance,
acquire, construct, improve, operate, maintain, or charge a fee for
the use of conduits for:
(1) fiber-optic cable and supporting facilities;
(2) electronic transmission and distribution lines
and supporting facilities; or
(3) other types of transmission and distribution lines
and supporting facilities.
(b) The district may not require a person to use a conduit
for a purpose described by Subsection (a)(1) or for any other
telecommunications purpose.
Sec. 3916.208. RESIDENTIAL PROPERTY. Section 375.161,
Local Government Code, does not apply to:
(1) a tax imposed by the district; or
(2) a required payment for a service provided by the
district, including water and sewer service.
Sec. 3916.209. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 3916.213, the district
may impose an annual operation and maintenance 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; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3916.210. 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. 3916.211. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board.
(b) The district may by competitive bid or negotiated sale
issue bonds, notes, or other obligations payable wholly or partly
from taxes, including ad valorem taxes, or assessments, fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources of money, to pay for any authorized
district purpose.
(c) In addition to any other terms authorized by the board
by bond order or resolution, the proceeds of the district's bonds
may be used for a reserve fund, credit enhancement, or capitalized
interest for the bonds.
(d) 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.
Sec. 3916.212. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 3916.213. ELECTIONS REGARDING TAXES AND BONDS. (a)
The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3916.210.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or sales and use tax or issue bonds payable from ad valorem
taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of district bonds may
be included in one single proposition to be voted on at the
election or the bonds may be submitted in several propositions.
Sec. 3916.214. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond,
note, or other obligation of the district.
SUBCHAPTER E. DEFINED AREAS
Sec. 3916.226. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as
a whole.
Sec. 3916.227. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the defined area or designated property, the board
shall hold an election in the defined area or in the designated
property only.
(b) The election shall be conducted as provided by Section
3916.213.
(c) The board may submit the issues to the voters on the same
ballot to be used in another election.
Sec. 3916.228. DECLARING RESULT AND ISSUING ORDER. (a) If a
majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and, by order, shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 3916.229. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described by Section 3916.228,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3916.230. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After the order under Section 3916.228 is
adopted, the district may issue bonds to provide for any land,
improvements, facilities, plants, equipment, and appliances for
the defined area or designated property.
SUBCHAPTER F. SALES AND USE TAX
Sec. 3916.251. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
computation, administration, enforcement, and collection of the
sales and use tax authorized by this subchapter except to the extent
Chapter 321, Tax Code, is inconsistent with this chapter.
(b) A reference in Chapter 321, Tax Code, to a municipality
or the governing body of a municipality is a reference to the
district or the board, respectively.
Sec. 3916.252. ELECTION; ADOPTION OF TAX. (a) The district
may adopt a sales and use tax if authorized by a majority of the
voters of the district voting at an election held for that purpose.
(b) The board by order may call an election to authorize the
adoption of the sales and use tax. The election may be held on any
uniform election date and in conjunction with any other district
election.
(c) The ballot shall be printed to provide for voting for or
against the proposition: "Authorization of a sales and use tax in
the Generation Park Management District at a rate not to exceed ____
percent" (insert rate of one or more increments of one-eighth of one
percent).
Sec. 3916.253. SALES AND USE TAX RATE. (a) On or after the
date the results are declared of an election held under Section
3916.252, at which the voters approved imposition of the tax
authorized by this subchapter, the board shall determine and adopt
by resolution or order the initial rate of the tax, which must be in
one or more increments of one-eighth of one percent.
(b) After the election held under Section 3916.252, the
board may increase or decrease the rate of the tax by one or more
increments of one-eighth of one percent.
(c) The initial rate of the tax or any rate resulting from
subsequent increases or decreases may not exceed the lesser of:
(1) the maximum rate authorized by the district voters
at the election held under Section 3916.252; or
(2) a rate that, when added to the rates of all sales
and use taxes imposed by other political subdivisions with
territory in the district, would result in the maximum combined
rate prescribed by Section 321.101(f), Tax Code, at any location in
the district.
Sec. 3916.254. TAX AFTER ANNEXATION. (a) This section
applies to the district after a municipality annexes part of the
territory in the district and imposes the municipality's sales and
use tax in the annexed territory.
(b) If at the time of annexation the district has
outstanding debt or other obligations payable wholly or partly
from district sales and use tax revenue, Section 321.102(g), Tax
Code, applies to the district.
(c) If at the time of annexation the district does not have
outstanding debt or other obligations payable wholly or partly from
district sales and use tax revenue, the district may:
(1) exclude the annexed territory from the district,
if the district has no outstanding debt or other obligations
payable from any source; or
(2) reduce the sales and use tax in the annexed
territory by resolution or order of the board to a rate that, when
added to the sales and use tax rate imposed by the municipality in
the annexed territory, is equal to the sales and use tax rate
imposed by the district in the district territory that was not
annexed by the municipality.
Sec. 3916.255. NOTIFICATION OF RATE CHANGE. The board
shall notify the comptroller of any changes made to the tax rate
under this subchapter in the same manner the municipal secretary
provides notice to the comptroller under Section 321.405(b), Tax
Code.
Sec. 3916.256. USE OF REVENUE. Revenue from the sales and
use tax imposed under this subchapter is for the use and benefit of
the district and may be used for any district purpose. The district
may pledge all or part of the revenue to the payment of bonds,
notes, or other obligations, and that pledge of revenue may be in
combination with other revenue, including tax revenue, available to
the district.
Sec. 3916.257. ABOLITION OF TAX. (a) Except as provided by
Subsection (b), the board may abolish the tax imposed under this
subchapter without an election.
(b) The board may not abolish the tax imposed under this
subchapter if the district has outstanding debt secured by the tax,
and repayment of the debt would be impaired by the abolition of the
tax.
(c) If the board abolishes the tax, the board shall notify
the comptroller of that action in the same manner the municipal
secretary provides notice to the comptroller under Section
321.405(b), Tax Code.
(d) If the board abolishes the tax or decreases the tax rate
to zero, a new election to authorize a sales and use tax must be
held under Section 3916.252 before the district may subsequently
impose the tax.
(e) This section does not apply to a decrease in the sales
and use tax authorized under Section 3916.254(c)(2).
SUBCHAPTER G. HOTEL OCCUPANCY TAX
Sec. 3916.301. DEFINITION. In this subchapter, "hotel" has
the meaning assigned by Section 156.001, Tax Code.
Sec. 3916.302. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) In this subchapter:
(1) a reference in Subchapter A, Chapter 352, Tax
Code, to a county is a reference to the district; and
(2) a reference in Subchapter A, Chapter 352, Tax
Code, to the commissioners court is a reference to the board.
(b) Except as inconsistent with this subchapter, Subchapter
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
by this subchapter, including the collection of the tax, subject to
the limitations prescribed by Sections 352.002(b) and (c), Tax
Code.
Sec. 3916.303. TAX AUTHORIZED; USE OF REVENUE. The district
may impose a hotel occupancy tax for any purpose described by
Section 351.101 or 352.101, Tax Code.
Sec. 3916.304. TAX RATE. (a) The amount of the hotel
occupancy tax may not exceed the lesser of:
(1) the maximum rate prescribed by Section 352.003(a),
Tax Code; or
(2) a rate that, when added to the rates of all hotel
occupancy taxes imposed by other political subdivisions with
territory in the district and by this state, does not exceed the sum
of the rate prescribed by Section 351.0025(b), Tax Code, and two
percent.
(b) The district tax is in addition to a tax imposed by the
city under Chapter 351, Tax Code, or by the county under Chapter
352, Tax Code.
Sec. 3916.305. INFORMATION. The district may examine and
receive information related to the imposition of hotel occupancy
taxes to the same extent as if the district were a county.
Sec. 3916.306. USE OF REVENUE. The district may use revenue
from the hotel occupancy tax for any district purpose that is an
authorized use of hotel occupancy tax revenue under Chapter 351 or
352, Tax Code. The district may pledge all or part of the revenue to
the payment of bonds, notes, or other obligations and that pledge
of revenue may be in combination with other revenue available to
the district.
Sec. 3916.307. ABOLITION OF TAX. (a) Except as provided by
Subsection (b), the board may abolish the tax imposed under this
subchapter.
(b) The board may not abolish the tax imposed under this
subchapter if the district has outstanding debt secured by the tax,
and repayment of the debt would be impaired by the abolition of the
tax.
SUBCHAPTER H. DISSOLUTION AND CONSOLIDATION
Sec. 3916.351. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of whether
the district has debt. Section 375.264, Local Government Code, does
not apply to the district.
(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
Sec. 3916.352. CONSOLIDATION. In addition to any other
provision provided by law, including Subchapter M, Chapter 375,
Local Government Code, the district and one or more other districts
governed by Chapter 54, Water Code, may be consolidated in
accordance with Subchapter H, Chapter 54, Water Code.
SECTION 2. The Generation Park Management District
initially includes all the territory contained in the following
area:
All that certain 316.448 acres of land out of the 1804.19 acre
tract described in the deed from Robert C. Hux, et al to FRM N.E.
Belt Venture #1, Ltd. recorded under File No. T107162, in the
Official Public Records of Real Property of Harris County, Texas,
in the Victor Blanco Survey, A-2, Harris County, Texas, and more
particularly described by metes and bounds as follows: (All
bearings based on Texas State Plane Coordinate System, South
Central Zone)
BEGINNING at the northwest corner of the herein described
tract, common to a found 5/8" iron rod, in the north line of said
1804.19 acre tract, and in the east right-of-way line of Beltway 8
(East Loop) (R.O.W. Varies);
THENCE North 88° 05' 36" East - 1783.65' along said north line
to the northeast corner of the herein described tract from which a
brass disc in concrete found for the northeast corner of said
1804.19 acre tract in the west right-of-way line of Lake Houston
Parkway (300' R.O.W.) bears North 88° 05' 36" East - 9564.04';
THENCE South 34° 50' 50" East - 591.18' to an angle corner of
the herein described tract;
THENCE South 29° 23' 48" West - 1130.88' to an angle corner of
the herein described tract;
THENCE South 34° 39' 21" East - 222.10' to an angle corner of
the herein described tract;
THENCE South 71° 53' 22" East - 251.89' to an angle corner of
the herein described tract;
THENCE South 24° 02' 14" East - 689.83' to an angle corner of
the herein described tract;
THENCE South 03° 49' 02" West - 1177.11' to an angle corner of
the herein described tract;
THENCE South 22° 34' 05" East - 893.29' to an angle corner of
the herein described tract;
THENCE South 55° 11' 23" West - 1634.61' to an angle corner of
the herein described tract;
THENCE South 77° 29' 40" East - 2386.24' to the southeast
corner of the herein described tract the south line of the aforesaid
1804.19 acre tract;
THENCE South 87° 35' 19" West - 535.60' along said south line
to an angle corner of the herein described tract
THENCE South 87° 31' 04" West - 3522.50', along said south
line to a 5/8" iron rod found in the east right-of-way line of
aforesaid Beltway 8, common to the southwest corner of the herein
described tract, common to a point on a curve to the right, having a
central angle of 02° 21' 08", a radius of 2614.79', and from which
the center of the circle of said curve bears South 86° 23' 17" East;
THENCE along said curve to the right, along said east
right-of-way line, in a northerly direction, an arc distance of
107.35' to the end of curve;
THENCE North 05° 42' 21" East - 5848.90' to the POINT OF
BEGINNING of the herein described tract and containing 316.448
acres of land.
SECTION 3. (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 4. 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. 3860 was passed by the House on May
14, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3860 on May 24, 2013, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3860 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor