By: Hegar S.B. No. 1821
(Bell)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Waller County Improvement District No.
2; providing authority to impose an assessment, impose a tax, and
issue bonds.
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 3914 to read as follows:
CHAPTER 3914. WALLER COUNTY IMPROVEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3914.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Houston.
(3) "County" means Waller County.
(4) "Director" means a board member.
(5) "District" means the Waller County Improvement
District No. 2.
(6) "Rail facilities" includes all real and personal
property owned or held by the district for railroad purposes,
including land, interests in land, buildings, structures,
rights-of-way, easements, franchises, rail lines, stations,
platforms, terminals, rolling stock, garages, shops, equipment,
and facilities including vehicle parking areas and facilities, and
other facilities necessary or convenient for the beneficial use and
access of persons and vehicles to stations, terminals, yards,
vehicles, control houses, signals and land, facilities, and
equipment for the protection and environmental enhancement of those
facilities.
Sec. 3914.002. NATURE OF DISTRICT. The Waller County
Improvement District No. 2 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3914.003. 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 and in authorizing the city, the
county, and other political subdivisions to contract with the
district, the legislature has established a program to accomplish
the public purposes set out in Section 52-a, Article III, Texas
Constitution.
(b) The 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 or the county 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 city or county services
provided in the district.
Sec. 3914.004. 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 and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, 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, rail facilities, and street art objects are
parts of and necessary components of a street or road and are
considered to be a street or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
(g) Rail facilities and improvements are necessary and
convenient for the:
(1) use and implementation of the district's road
facilities and improvements; and
(2) development and expansion of transportation in
this state.
Sec. 3914.005. INITIAL 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 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 for the purposes
for which the district is created or to pay the principal of and
interest on bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3914.006. 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; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3914.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3914.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3914.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board if the board determines that the change is in
the best interest of the district. The board may not consist of
fewer than five or more than nine voting directors.
Sec. 3914.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3914.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3914.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3914.055. 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. 3914.056. INITIAL VOTING 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 Texas Commission on
Environmental Quality requesting that the commission appoint as
initial voting directors the five persons named in the petition.
The commission shall appoint the five persons named in the petition
as initial directors by position.
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2015, and
the terms of directors appointed for positions four and five expire
June 1, 2017.
(c) Section 3914.052 does not apply to this section.
(d) This section expires September 1, 2017.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3914.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3914.102. IMPROVEMENT PROJECTS AND SERVICES. 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
Chapter 375, Local Government Code.
Sec. 3914.103. 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. 3914.104. 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. 3914.105. 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. 3914.106. 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 fee.
Sec. 3914.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3914.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3914.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3914.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3914.111. RAIL FACILITIES. The district may
construct, acquire, improve, maintain, finance, and operate rail
facilities and improvements.
Sec. 3914.112. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3914.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3914.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3914.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3914.154. 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.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3914.155. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3914.201. 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 3914.203.
(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 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 its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3914.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3914.201, the district may
impose an 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) maintain and operate 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. 3914.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3914.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3914.205. 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 annual ad valorem tax, without limit as to rate or amount,
for each year that all or part of the bonds are outstanding as
required and in the manner provided by Sections 54.601 and 54.602,
Water Code.
SECTION 2. The Waller County Improvement District No. 2
initially includes all territory contained in the following area:
TRACT 1
Being a tract or parcel of land containing 157.120 acres of
land or 6,844,120 square feet, located in the H. & T. C. R. R.
Company Survey, Section 107, Abstract 170, Waller County, Texas,
Said 157.120 acre tract being out of and a part of a 176.149 acre
tract of record in the name of C-2 Pederson Road, LLC in Volume
1091, Page 843 in Official Public Records of Waller County, Texas
(O.R.W.C.T.), Said 157.120 acre tract being more particularly
described as follows (bearings based on aforesaid deed):
COMMENCING at a 1/2 inch iron rod found for the northeast
corner of aforesaid 176.149 acre tract being in the south line of a
called 454 acre tract of record in the name of R&Y Interest in
Volume 0553, Page 096, O.R.W.C.T., and being the northeast corner
of a called 21.713 acre tract of record in the name of R&Y Interest
LTD, in Vol. 0553, Pg. 101, O.R.W.C.T.;
THENCE, coincident the north line of aforesaid 176.149 acres
and the south line of aforesaid 454 acres, South 88 degrees 04
minutes 39 seconds West, a distance of 391.88 feet to a 5/8 inch
iron rod with "Gruller" cap set for the northeast corner and POINT
OF BEGINNING of the herein described tract;
THENCE, through and across aforesaid 176.149 acres, the
following two (2) courses:
1. South 00 degrees 00 minutes 35 seconds East, a distance
of 1,961.84 feet to a 5/8 inch iron rod with "Gruller" cap set;
2. North 88 degrees 21 minutes 49 seconds East, a distance
of 453.11 feet to a 5/8 inch iron rod with "Gruller" cap set in the
east line of aforesaid 176.149 acre tract being in the west line of
aforesaid 21.713 acre tract;
THENCE, coincident the east line of aforesaid 176.149 acre
tract and the west line of aforesaid 21.713 acre tract, South 01
degrees 47 minutes 53 seconds East, a distance of 604.37 feet to a
1/2 inch iron rod found for the most northerly southeast corner of
the herein described tract;
THENCE, coincident a north line of aforesaid 21.713 acre
tract, South 88 degrees 29 minutes 33 seconds West, a distance of
925.08 feet to a 1 inch iron pipe found for an interior corner of the
herein described tract;
THENCE, coincident a west line of aforesaid 21.713 acre
tract, South 02 degrees 08 minutes 14 seconds East, a distance of
338.02 feet to a 1 inch iron pipe found for the most southerly
southeast corner of the herein described tract being on the north
Right-of-Way (R.O.W.) line of a 100 foot wide M.K. & T. Railroad;
THENCE, coincident the north R.O.W. line of aforesaid M.K. &
T. Railroad and the south line of aforesaid 176.149 acres, South 88
degrees 45 minutes 03 seconds West, a distance of 1,660.04 feet to a
1 inch iron pipe found for the most southerly southwest corner of
the herein described tract being the southeast corner of a called
1.9921 acre tract of record in the name of Sealy Concrete, Inc. of
record in Volume 349, Page 491 in the deed records of Waller County,
Texas (W.C.D.R.);
THENCE, coincident the east line of aforesaid 1.9921 acre
tract, North 01 degrees 14 minutes 00 seconds West, a distance of
415.06 feet to a 1/2 inch iron rod found for the northeast corner of
said 1.9921 acre tract;
THENCE, coincident the north line of aforesaid 1.9921 acre
tract, South 88 degrees 29 minutes 13 seconds West, a distance of
212.89 feet to a 5/8 inch iron rod found for the northwest corner of
said 1.9921 acre tract being the most northerly southwest corner of
the herein described tract and in the east line of a called 19.36
acre tract of record in the name of Katy Prairie Conservation in
Volume 0610, Page 049, O.R.W.C.T. & Volume 0514, Page 926,
O.R.W.C.T.;
THENCE, coincident the west line of aforesaid 176.149 acre
tract and the east line of aforesaid 19.36 acre tract, North 01
degrees 45 minutes 05 seconds West, a distance of 2,462.65 feet to a
5/8 inch iron rod found for the northwest corner of the herein
described tract;
THENCE, coincident the north line of the herein described
tract, North 88 degrees 04 minutes 35 seconds East, a distance of
2,397.95 feet to the POINT OF BEGINNING and containing 157.120
acres of land.
TRACT 2
Being a tract or parcel of land containing 19.029 acres of
land or 828,917 square feet, located in the H. & T. C. R. R. Company
Survey, Section 107, Abstract 170, Waller County, Texas, Said
19.029 acre tract being out of and a part of a 176.149 acre tract of
record in the name of C-2 Pederson Road, LLC in Volume 1091, Page
843 in Official Public Records of Waller County, Texas
(O.R.W.C.T.), Said 19.029 acre tract being more particularly
described as follows (bearings based on aforesaid deed):
BEGINNING at a 1/2 inch iron rod found for the northeast
corner of aforesaid 176.149 acre tract being in the south line of a
called 454 acre tract of record in the name of R&Y Interest in
Volume 0553, Page 096, O.R.W.C.T., and being the northeast corner
of a called 21.713 acre tract of record in the name of R&Y Interest
LTD, in Vol. 0553, Pg. 101, O.R.W.C.T.;
THENCE, coincident the east line of aforesaid 176.149 acre
tract and the west line of aforesaid 21.713 acre tract, South 01
degrees 47 minutes 53 seconds East, a distance of 1,963.02 feet to a
5/8 inch iron rod with "Gruller" cap set for the southeast corner of
the herein described tract;
THENCE, through and across aforesaid 176.149 acres, the
following two (2) courses:
1. South 88 degrees 21 minutes 49 seconds West, a distance
of 453.11 feet to a 5/8 inch iron rod with "Gruller" cap set for the
southwest corner of the herein described tract;
2. North 00 degrees 00 minutes 35 seconds West, a distance
of 1,961.84 feet to a 5/8 inch iron rod with "Gruller" cap set for
the northwest corner of the herein described tract being in the
north line of aforesaid 176.149 acre tract and the south line of
aforesaid 454 acre tract;
THENCE, coincident the north line of aforesaid 176.149 acres
and the south line of aforesaid 454 acres, North 88 degrees 04
minutes 39 seconds East, a distance of 391.88 feet to the POINT OF
BEGINNING and containing 19.029 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.