By: Miles (Senate Sponsor - Ellis) H.B. No. 1723
(In the Senate - Received from the House May 11, 2015;
May 11, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 25, 2015, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 4,
Nays 0; May 25, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1723 By: Garcia
A BILL TO BE ENTITLED
AN ACT
relating to the territory included in, the composition of the board
of directors of, and the method of assessment of the Harris County
Improvement District No. 10 and to clarifying the law to reflect
the prior division of the district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 3860, Special District
Local Laws Code, is amended to read as follows:
CHAPTER 3860. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 10 AND FIVE
CORNERS IMPROVEMENT DISTRICT
SECTION 2. Section 3860.001(2), Special District Local Laws
Code, is amended to read as follows:
(2) "District" means the Harris County Improvement
District No. 10 or the Five Corners Improvement District, as
appropriate.
SECTION 3. Section 3860.111, Special District Local Laws
Code, is amended to read as follows:
Sec. 3860.111. DIVISION OF DISTRICT. (a) As provided by
Chapter 968, Acts of the 80th Legislature, Regular Session, 2007,
and Chapter 1091, Acts of the 81st Legislature, Regular Session,
2009, the district was divided into the Harris County Improvement
District No. 10 and the Five Corners Improvement District [The
district shall be divided into two districts only if the district is
not imposing ad valorem taxes].
(b) The Harris County Improvement District No. 10 [Not
later than the 60th day after the effective date of the Act creating
this chapter, the board shall adopt an order dividing the district
into two districts. The original district] includes all district
territory not included in the Five Corners Improvement District
[new district].
(c) The Five Corners Improvement District [new district]
includes:
(1) all the territory included in state representative
district 131 on the date the order of division was [is] effective;
(2) territory added to the district by Chapter 1091,
Acts of the 81st Legislature, Regular Session, 2009; and
(3) any territory added by other law.
(d) Notwithstanding Section 3860.051(a), [Neither district
may request consent to its creation from the City of Houston until
the order dividing the district is adopted.
[(c) After the division of the district:
[(1)] the Harris County Improvement District No. 10
[original district] is governed by a board of nine [seven] voting
directors [consisting of the directors appointed to positions 8
through 14;] and
[(2)] the Five Corners Improvement District [new
district] is governed by a board of nine [seven] voting directors
[consisting of the directors appointed to positions one through
seven of the original district].
[(d) An order dividing the district must:
[(1) name the new district;
[(2) describe the boundaries of the new district;
[(3) name the initial directors of the new district;
and
[(4) divide the assets and liabilities in any manner
between the new district and the original district.]
(e) [Not later than the 10th day after the date the board
adopts the order, the district shall file the order with the Texas
Commission on Environmental Quality and record the order in the
real property records of Harris County.
[(f)] The Harris County Improvement District No. 10 and the
Five Corners Improvement District have [new district has] all the
powers and duties of the district created by Chapter 968, Acts of
the 80th Legislature, Regular Session, 2007, and any applicable
subsequently enacted law.
SECTION 4. Chapter 3860, Special District Local Laws Code,
is amended by adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. FINANCIAL PROVISIONS FOR HARRIS COUNTY
IMPROVEMENT DISTRICT NO. 10
Sec. 3860.221. APPLICABILITY. This subchapter applies to
the Harris County Improvement District No. 10. This subchapter
does not apply to the Five Corners Improvement District.
Sec. 3860.222. PETITION REQUIREMENTS. Notwithstanding
Section 3860.202(b), a petition requesting a service or improvement
project financed by assessment must be signed by the owners of at
least 60 percent of the assessed value of real property in the
district subject to assessment according to the most recent
certified tax appraisal roll for Harris County.
SECTION 5. (a) The change in law made to Section
3860.111(c)(2), Special District Local Laws Code, by this Act
conforms the law relating to the number of directors serving on the
board of the Five Corners Improvement District to reflect the
number of directors serving on the effective date of this Act. This
Act does not otherwise affect that board.
(b) The terms of the members of the board of the Harris
County Improvement District No. 10 serving on the effective date of
this Act who were appointed under Chapter 3860, Special District
Local Laws Code, before the effective date of this Act expire on the
effective date of this Act. On the effective date of this Act, the
board of directors of the Harris County Improvement District No. 10
is composed of the following directors:
(1) E. D. Wulfe
(2) Leroy Shafer
(3) Camille Foster
(4) Rodney Jones
(5) Brandon Dudley
(6) J. Kent Friedman
(7) Willie Belle Boone
(8) John Modest
(9) Kevin Hoffman
(c) The terms of the directors in positions (b)(2), (4),
(6), and (8) of this section expire June 1, 2017.
(d) The terms of the directors in positions (b)(1), (3),
(5), (7), and (9) of this section expire June 1, 2019.
(e) The mayor and members of the governing body of the City
of Houston shall appoint successor directors as provided by Section
375.064, Local Government Code, and Section 3860.052, Special
District Local Laws Code.
SECTION 6. (a) The territory in Harris County described by
Subsection (b) of this section is added to the territory of the
Harris County Improvement District No. 10 only if the board of the
district receives a petition requesting that the described
territory be included in the district that is signed by the owners
of at least 60 percent of the assessed value of real property in the
described territory that would be subject to assessment by the
district if included in the district, according to the most recent
certified tax appraisal roll for Harris County. If the board
receives a petition described by this section, the board shall file
the petition for record with the office of the county clerk of
Harris County and adopt an order confirming the addition of the
territory.
(b) Tract is +/- 2,058 acres (3.21 sq. miles) and beginning
at a point where the south right-of-way (ROW) of El Paseo St. and
east ROW of Cambridge St. intersect then south southwest along the
east ROW of Cambridge St. to north ROW of Holly Hall St.;
Then east along north ROW of Holly Hall St. to the ROW
centerline of FM 521/Almeda Rd.;
Then south southwest along the ROW centerline of FM
521/Almeda Rd. to northwest corner of Harris County Improvement
District (HCID) 10 A;
Then south southwest along the west boundary of HCID No. 10 A
and ROW centerline of FM 521/Almeda Rd. to south ROW of Holmes Rd.;
Then west southwest along south ROW of Holmes Rd. to a point
due south of southwest corner of 12.5087 acre tract (CORPORATE
CENTRE KIRBY RES A4 BLK 1);
Then north across ROW of Holmes Rd. and ABST 179 BBB&C RR CO
TR R60, and along west boundaries of said 12.5087 acre tract, and
9.766 acre tract (CORPORATE CENTRE KIRBY RES A2 BLK 1) to northwest
corner of said 9.766 acre tract and south boundary of 8 acre tract
(ABST 179 BBB&C RR CO TRS 3 THRU 10 IN TR 8);
Then west along south boundaries of said 8 acre tract, and 1
acre tract (ABST 179 BBB&C RR CO TR 1 IN TR 8) to southwest corner of
said 1 acre tract and west boundary of 15.47 acre tract (MOORINGS
APTS R/P RESERVE BLK 1);
Then south along east boundary of said 15.47 acre tract to
southeast corner of said tract;
Then west along south boundary of said 15.47 acre tract
across ROW of Lakes at 610 Dr. to west ROW of Lakes at 610 Dr.;
Then generally north along west ROW of Lakes at 610 Dr. to
southeast corner of 7.0721 acre tract (LAKES AT 610 SEC 2 RES E);
Then west along south boundary of 7.0721 acre tract to
southwest corner of said tract;
Then north along west boundary of said 7.0721 acre tract to
south ROW of W. Bellfort St.;
Then generally west along south ROW of W. Bellfort St. to
east ROW of S. Main St./US 90 Hwy;
Then southwest along east ROW of S. Main St./US 90 Hwy. to
north corner of 0.2167 acre tract (MAINVIEW 14 BLK 4 TRS 1 & 14B ADJ
15X79 FT OF LT);
Then southeast along east boundary of said 0.2167 acre tract
to east corner of said tract;
Then southwest along south boundary of said 0.2167 acre
tract, and 0.1123 acre tract (MAINVIEW TRS 2 & 14A BLK 4) to south
corner of said 0.1123 acre tract and coincident north corner of
0.4131 acre tract (MAINVIEW TRS 11A 12 13 13C & 14D BLK 4);
Then southeast along east boundary of said 0.4131 acre tract
to east corner of said tract;
Then southwest along south boundary of said 0.4131 acre
tract, and 1.3895 acre tract (MAINVIEW BLK 4 LTS 5 6 8 9 & 10 & TRS 7B &
11) to west ROW of Clearview St.;
Then northwest along west ROW of Clearview St. to east ROW of
S. Main St./US 90 Hwy;
Then southwest along east ROW of S. Main St./US 90 Hwy. to
northeast corner of 6.6694 acre tract (ABST 173 BBB&CRR CO TRS 19 &
20);
Then south along east boundary of said 6.6694 acre tract to
southeast corner of said tract;
Then northeast along north ROW/easement of Old Main Street
Loop Rd. to a point north of 6.6537 acre parcel (R HASSELL
PROPERTIES RES A1 BLK 1);
Then south across ROW/easement of Old Main Street Loop Rd.
and along east boundary of said 6.6537 acre parcel, and coincident
boundary line of HCID 12 to ROW centerline of Willowbend Blvd.;
Then generally west along ROW centerline of Willowbend Blvd.
to west ROW of Stella Link Rd;
Then north along west ROW of Stella Link Rd. to north ROW of
Woodfin St.;
Then east along north ROW of Woodfin St. to centerline of
Stella Link Rd. ROW;
Then north along centerline of Stella Link Rd. ROW to
centerline ROW of Interstate 610 (So. Loop Fwy. W.);
Then generally east along ROW centerline of Interstate 610
(So. Loop Fwy. W.) to ROW centerline of S. Main St;
Then northeast along ROW centerline of S. Main St. to south
bank of Brays Bayou;
Then east and northeast along south bank of Brays Bayou to ROW
centerline of Fannin St. and coincident boundary of Greater
Southeast Management District;
Then south along ROW centerline of Fannin St. and coincident
boundary of Greater Southeast Management District to south ROW of
Old Spanish Trail/US 90 Alternate Hwy.;
Then west southwest along south ROW of Old Spanish Trail/US
90A Hwy. to east ROW of Greenbriar Dr.;
Then south and east along east ROW of Greenbriar Dr. and
across Fannin St. to east ROW of Fannin St. and coincident
northwest corner of 3.2334 acre parcel (HOMESTEAD
VILLAGE-ASTRODOME RES A BLK 1);
Then east along north boundary of said 3.2334 acre parcel and
3.6393 acre parcel (ASTRODOME OAKS SEC 1 R/P RES A) to west ROW of
Knight Rd. and coincident boundary of Greater Southeast Management
District;
Then south along west ROW of Knight Rd. and coincident
boundary of Greater Southeast Management District to south ROW of
El Paseo St;
Then east along south ROW of El Paseo St. and coincident
boundary of Greater Southeast Management District to east ROW of
Cambridge St. and point of beginning of +/- 2,058 acre tract.
Save and Except Harris County Improvement District No. 8;
Save and Except RES A BLK 1 SAMUELS DODGE AT SOUTH LOOP W;
Save and Except TR 1L ABST 874 J WALTERS;
Save and Except RES A BLK 1 MIKE CALVERT TOYOTA;
Save and Except TR 30E & ABANDED ROW PARCEL 596-081 ABST 887 J
HAMILTON;
Save and Except LOTS 1-24 BLK 1 BUFFALO SPEEDWAY;
Save and Except RES A, B & C BLK 1 BUFFALO SPEEDWAY;
Save and Except PERMANENT ACCESS ESMT BUFFALO SPEEDWAY BLK 1
BUFFALO SPEEDWAY;
Save and Except PT RES B BLK 1(POLLUTION CONTROL) (DETENTION
POND) R & S PARK;
Save and Except PT RES B BLK 1(PC*1200210010003) R & S PARK;
Save and Except +/-9.7 acre tract located at southwest corner
of intersection of Westridge St. and Hearth Dr. with beginning
point at south ROW of Westridge St. and west ROW of Hearth Dr.;
Then south along west ROW of Hearth Dr. to north ROW of S.
Bartell Dr.;
Then west along north ROW of S. Bartell Dr. to east ROW of W.
Bartell Dr.;
Then north along east ROW of W. Bartell Dr. to south ROW of
Westridge St.;
Then east along south ROW of Westridge St. to west ROW of
Hearth Dr. and beginning point of +/- 9.7 acre tract;
Save and Except HEARTHWOOD CONDO SEC 1;
Save and Except BLDG 1-8 CITY PLAZA CONDO;
Save and Except BRAESWOOD PARK CONDO;
Save and Except THE BRAESWOOD CONDO;
Save and Except BRIAR GREEN CONDO PH 1-2;
Save and Except THE VALENCIA CONDO;
Save and Except LOTS 1-19 BLK 1 NAOMI PLACE SEC 2;
Save and Except LOTS 1-5 BLK 1 NAOMI PLACE SEC 3;
Save and Except LOTS 1-12 BLK 1 NAOMI PLACE;
Save and Except LOTS 1-5 BLK 1 NAOMI PLACE SEC 4 PAR RP AMEND;
Save and Except LOTS 1-7 BLK 1 NAOMI PLACE SEC 4 R/P AMEND;
Save and Except LOTS 1-12 BLK 2 NAOMI PLACE SEC 4 R/P AMEND;
Save and Except LOTS 1-12 BLK 1 NAOMI AVENUE PLACE;
Save and Except LOT 1 BLK 39 KNIGHTS MAIN STREET;
Save and Except LOTS 1 and 6 BLK 40 KNIGHTS MAIN STREET;
Save and Except TR 1 BLK 17 KNIGHTS MAIN STREET;
Save and Except CONTEMPORARY PLAZA SEC 3;
Save and Except CONTEMPORARY PLAZA SEC 4;
Save and Except CONTEMPORARY PLAZA SEC 5;
Save and Except CONTEMPORARY PLAZA SEC 6;
Save and Except CONTEMPORARY PLAZA SEC 7 AMEND;
Save and Except CONTEMPORARY PLAZA SEC 8;
Save and Except CONTEMPORARY PLAZA SEC 8 & PAR R/P;
Save and Except CONTEMPORARY PLAZA T/H CONDO AMEND;
Save and Except BLK 1-6 CONTEMPORARY MAIN SEC 1;
Save and Except PERMANENT ACCESS ESMNTS CONTEMPORARY MAIN SEC
1;
Save and Except RES A BLK 1 (OPEN SPACE) CONTEMPORARY MAIN SEC
1;
Save and Except RES B BLK 2 (OPEN SPACE) CONTEMPORARY MAIN SEC
1;
Save and Except RES C BLK 3 (OPEN SPACE) CONTEMPORARY MAIN SEC
1;
Save and Except RES D BLK 4 (OPEN SPACE) CONTEMPORARY MAIN SEC
1;
Save and Except RES E BLK 5 (OPEN SPACE) CONTEMPORARY MAIN SEC
1;
Save and Except RES F BLK 6 (OPEN SPACE) CONTEMPORARY MAIN SEC
1;
Save and Except RES G BLK 6 CONTEMPORARY MAIN SEC 1;
Save and Except LT 1-6 BLK 1 CHEQUERS COURT;
Save and Except RES A BLK 1 (OPEN SPACE) CHEQUERS COURT;
Save and Except ROW-PRIVATE ACCESS CHEQUERS COURT;
Save and Except LT 1-12 BLK 1 KINGSGATE;
Save and Except RES A-E BLK 1 (OPEN SPACE) KINGSGATE;
Save and Except ROW-PRIVATE ACCESS EASEMENTS KINGSGATE;
Save and Except LT 1-12 BLK 1 CONTEMPORARY PLAZA SEC 1;
Save and Except RES A-D BLK 1 (OPEN SPACE) CONTEMPORARY PLAZA
SEC 1;
Save and Except LT 1-9 BLK 2 CONTEMPORARY PLAZA SEC 1;
Save and Except RES A-D BLK 2 (OPEN SPACE) CONTEMPORARY PLAZA
SEC 1;
Save and Except CONTEMPORARY PLAZA 2 AMEND 1;
Save and Except BLK 1 SILVERSTON PLAZA;
Save and Except CONTEMPORARY PLAZA SEC 9 R/P;
Save and Except ABST 645 P W ROSE TR 34;
Save and Except LT 1-6 BLK 1 SUMMA T/H;
Save and Except ROW - PRIVATE ACCESS EASEMENT SUMMA T/H;
Save and Except RES A BLK 1 (OPEN SPACE) SUMMA T/H;
Save and Except ROW-PRIVATE ACCESS EASEMENTS CONTEMPORARY
PLAZA SEC 1;
Save and Except WOODSIDE PLAZA SEC 5 LT 7 BLK 7 (IMPS ONLY)
(POLLUTION CONTROL) (MAIN ACCT*0951920000007);
Save and Except WOODSIDE PLAZA SEC 5 LT 7 BLK 7 (PC
IMPS*0951920000110);
Save and Except MAINVIEW LT 4 & TRS 11B & 12A ADJ 80X45 FT OF
LTS 11 & 12 BLK 4;
Save and Except MEDCENTER PARK RES A, B and C BLK 1;
Save and Except MEDCENTER PARK RES A BLK 2;
Save and Except MEDCENTER PARK II RES A BLK 1;
Save and Except ABST 645 P W ROSE TR 4A;
Save and Except SOUTH POINT BUSINESS PARK SEC 2 RES J;
Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES D2, RES D3
and RES E;
SECTION 7. (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, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) 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 are fulfilled
and accomplished.
SECTION 8. 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, 2015.
* * * * *