Texas 2015 - 84th Regular

Texas House Bill HB2353 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Davis of Harris, Wu (Senate Sponsor - Huffman) H.B. No. 2353
2	2	(In the Senate - Received from the House May 18, 2015;
3	3	May 18, 2015, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 22, 2015, reported favorably by
5	5	the following vote: Yeas 6, Nays 1; May 22, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of Saint George Place Management District;
12	12	providing authority to issue bonds; providing authority to impose
13	13	assessments.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle C, Title 4, Special District Local Laws
16	16	Code, is amended by adding Chapter 3925 to read as follows:
17	17	CHAPTER 3925. SAINT GEORGE PLACE MANAGEMENT DISTRICT
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 3925.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "City" means the City of Houston.
22	22	(3) "County" means Harris County.
23	23	(4) "Director" means a board member.
24	24	(5) "District" means the Saint George Place Management
25	25	District.
26	26	(6) "Zone" means the Tax Increment Reinvestment Zone
27	27	No. One, City of Houston, Texas, designated by the city in Ordinance
28	28	No. 90-1452, dated December 12, 1990.
29	29	Sec. 3925.002. NATURE OF DISTRICT. The Saint George Place
30	30	Management District is a special district created under Section 59,
31	31	Article XVI, Texas Constitution.
32	32	Sec. 3925.003. PURPOSE; DECLARATION OF INTENT. (a) The
33	33	creation of the district is essential to accomplish the purposes of
34	34	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
35	35	Texas Constitution, and other public purposes stated in this
36	36	chapter. By creating the district and in authorizing the city, the
37	37	county, and other political subdivisions to contract with the
38	38	district, the legislature has established a program to accomplish
39	39	the public purposes set out in Section 52-a, Article III, Texas
40	40	Constitution.
41	41	(b) The creation of the district is necessary to promote,
42	42	develop, encourage, and maintain commerce, transportation,
43	43	housing, recreation, economic development, safety, and the public
44	44	welfare in the district.
45	45	(c) This chapter and the creation of the district may not be
46	46	interpreted to relieve the city or the county from providing the
47	47	level of services provided as of the effective date of the Act
48	48	enacting this chapter to the area in the district. The district is
49	49	created to supplement and not to supplant city or county services
50	50	provided in the district.
51	51	Sec. 3925.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
52	52	The district is created to serve a public use and benefit.
53	53	(b) All land and other property included in the district
54	54	will benefit from the improvements and services to be provided by
55	55	the district under powers conferred by Sections 52 and 52-a,
56	56	Article III, and Section 59, Article XVI, Texas Constitution, and
57	57	other powers granted under this chapter.
58	58	(c) The creation of the district is in the public interest
59	59	and is essential to further the public purposes of:
60	60	(1) developing and diversifying the economy of the
61	61	state;
62	62	(2) eliminating unemployment and underemployment; and
63	63	(3) developing or expanding transportation and
64	64	commerce.
65	65	(d) The district will:
66	66	(1) promote the health, safety, and general welfare of
67	67	residents, employers, potential employees, employees, visitors,
68	68	and consumers in the district, and of the public;
69	69	(2) provide needed funding for the district to
70	70	preserve, maintain, and enhance the economic health and vitality of
71	71	the district territory as a community;
72	72	(3) promote the health, safety, welfare, and enjoyment
73	73	of the public by providing pedestrian ways and by landscaping and
74	74	developing certain areas in the district, which are necessary for
75	75	the restoration, preservation, and enhancement of scenic beauty;
76	76	and
77	77	(4) provide for water, wastewater, drainage, road,
78	78	sound barrier and security walls, recreational facilities, and city
79	79	code enforcement for the district.
80	80	(e) Pedestrian ways along or across a street, whether at
81	81	grade or above or below the surface, and street lighting, street
82	82	landscaping, parking, and street art objects are parts of and
83	83	necessary components of a street and are considered to be a street
84	84	or road improvement.
85	85	(f) The district will not act as the agent or
86	86	instrumentality of any private interest even though the district
87	87	will benefit many private interests as well as the public.
88	88	Sec. 3925.005. INITIAL DISTRICT TERRITORY. The district is
89	89	initially composed of the territory described by Section 2 of the
90	90	Act enacting this chapter.
91	91	Sec. 3925.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
92	92	DISTRICTS LAW. Except as otherwise provided by this chapter,
93	93	Chapter 375, Local Government Code, applies to the district.
94	94	Sec. 3925.007. CONSTRUCTION OF CHAPTER. This chapter shall
95	95	be liberally construed in conformity with the findings and purposes
96	96	stated in this chapter.
97	97	SUBCHAPTER B. BOARD OF DIRECTORS
98	98	Sec. 3925.051. GOVERNING BODY; TERMS. (a) The district is
99	99	governed by a board of nine voting directors.
100	100	(b) Except as provided by Section 3925.052, the directors of
101	101	the zone are the voting directors of the board and their terms as
102	102	directors of the district are coterminous with their terms as
103	103	directors of the zone.
104	104	Sec. 3925.052. VOTING DIRECTORS IF ZONE DISSOLVED; TERMS.
105	105	(a) If the zone is dissolved, the mayor and members of the
106	106	governing body of the city shall appoint voting directors from
107	107	persons recommended by the board. A person is appointed if a
108	108	majority of the members of the governing body and the mayor vote to
109	109	appoint that person.
110	110	(b) Directors appointed under Subsection (a) serve
111	111	staggered terms of four years, with four or five directors' terms
112	112	expiring June 1 of each odd-numbered year. The initial directors
113	113	appointed under Subsection (a) shall establish the staggered terms
114	114	of each initial director by lot.
115	115	Sec. 3925.053. NONVOTING DIRECTORS. The board may appoint
116	116	nonvoting directors to serve at the pleasure of the voting
117	117	directors.
118	118	Sec. 3925.054. VACANCY IF ZONE DISSOLVED. If a vacancy
119	119	occurs on the board after the zone is dissolved, the remaining
120	120	directors shall appoint a director for the remainder of the
121	121	unexpired term.
122	122	Sec. 3925.055. QUORUM. For purposes of determining the
123	123	requirements for a quorum of the board, the following are not
124	124	counted:
125	125	(1) a board position vacant for any reason, including
126	126	death, resignation, or disqualification;
127	127	(2) a director who is abstaining from participation in
128	128	a vote because of a conflict of interest; or
129	129	(3) a nonvoting director.
130	130	SUBCHAPTER C. POWERS AND DUTIES
131	131	Sec. 3925.101. GENERAL POWERS AND DUTIES. The district has
132	132	the powers and duties necessary to accomplish the purposes for
133	133	which the district is created.
134	134	Sec. 3925.102. IMPROVEMENT PROJECTS AND SERVICES. The
135	135	district may provide, design, construct, acquire, improve,
136	136	relocate, operate, maintain, or finance an improvement project or
137	137	service using any money available to the district, or contract with
138	138	a governmental or private entity to provide, design, construct,
139	139	acquire, improve, relocate, operate, maintain, or finance an
140	140	improvement project or service authorized under this chapter or
141	141	Chapter 375, Local Government Code.
142	142	Sec. 3925.103. DEVELOPMENT CORPORATION POWERS. The
143	143	district, using money available to the district, may exercise the
144	144	powers given to a development corporation under Chapter 505, Local
145	145	Government Code, including the power to own, operate, acquire,
146	146	construct, lease, improve, or maintain a project under that
147	147	chapter.
148	148	Sec. 3925.104. AGREEMENTS; GRANTS. (a) As provided by
149	149	Chapter 375, Local Government Code, the district may make an
150	150	agreement with or accept a gift, grant, or loan from any person.
151	151	(b) The district may enter into an agreement with the city
152	152	to administer and enforce a city zoning ordinance applicable to the
153	153	district in the territory of the district.
154	154	(c) The implementation of a project is a governmental
155	155	function or service for the purposes of Chapter 791, Government
156	156	Code.
157	157	Sec. 3925.105. LAW ENFORCEMENT SERVICES. To protect the
158	158	public interest, the district may contract with a qualified party,
159	159	including the county or the city, to provide law enforcement or
160	160	security services in the district.
161	161	Sec. 3925.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
162	162	district may join and pay dues to a charitable or nonprofit
163	163	organization that performs a service or provides an activity
164	164	consistent with the furtherance of a district purpose.
165	165	Sec. 3925.107. ECONOMIC DEVELOPMENT. (a) The district may
166	166	engage in activities that accomplish the economic development
167	167	purposes of the district.
168	168	(b) The district may establish and provide for the
169	169	administration of one or more programs to promote state or local
170	170	economic development and to stimulate business and commercial
171	171	activity in the district, including programs to:
172	172	(1) make loans and grants of public money; and
173	173	(2) provide district personnel and services.
174	174	(c) The district may create economic development programs
175	175	and exercise the economic development powers provided to
176	176	municipalities by:
177	177	(1) Chapter 380, Local Government Code; and
178	178	(2) Subchapter A, Chapter 1509, Government Code.
179	179	Sec. 3925.108. APPROVAL BY CITY. (a) Except as provided by
180	180	Subsection (c), the district must obtain the approval of the city
181	181	for:
182	182	(1) the issuance of bonds that require the approval of
183	183	the attorney general;
184	184	(2) the plans and specifications of an improvement
185	185	project financed by bonds; and
186	186	(3) the plans and specifications of an improvement
187	187	project related to the use of land owned by the city, an easement
188	188	granted by the city, or a right-of-way of a street, road, or
189	189	highway.
190	190	(b) The district may not issue bonds until the governing
191	191	body of the city adopts a resolution or ordinance authorizing the
192	192	issuance of the bonds.
193	193	(c) If the district obtains the approval of the governing
194	194	body of the city of a capital improvements budget for a period not
195	195	to exceed 10 years, the district may finance the capital
196	196	improvements and issue bonds specified in the budget without
197	197	further approval from the city.
198	198	(d) The governing body of the city:
199	199	(1) is not required to adopt a resolution or ordinance
200	200	to approve plans and specifications described by Subsection (a);
201	201	and
202	202	(2) may establish an administrative process to approve
203	203	plans and specifications described by Subsection (a) without the
204	204	involvement of the governing body.
205	205	Sec. 3925.109. NO EMINENT DOMAIN POWER. The district may
206	206	not exercise the power of eminent domain.
207	207	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
208	208	Sec. 3925.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
209	209	board by resolution shall establish the number of directors'
210	210	signatures and the procedure required for a disbursement or
211	211	transfer of district money.
212	212	Sec. 3925.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
213	213	The district may acquire, construct, finance, operate, or maintain
214	214	any improvement or service authorized under this chapter or Chapter
215	215	375, Local Government Code, using any money available to the
216	216	district.
217	217	Sec. 3925.153. BUDGET; ASSESSMENTS. (a) The board shall
218	218	approve an annual budget for the district based on anticipated
219	219	assessment revenue.
220	220	(b) The board by resolution may impose and collect an
221	221	assessment, for any purpose authorized by this chapter, using only
222	222	the method described by this section.
223	223	(c) The board may impose an assessment in all or any part of
224	224	the district at a rate of $0.07 per square foot of taxable property,
225	225	and may impose a supplemental annual assessment at a rate of $300
226	226	per lot.
227	227	(d) The board may make a correction to or deletion from the
228	228	assessment roll that does not increase the amount of assessment of
229	229	any parcel of land without providing notice and holding a hearing in
230	230	the manner required for additional assessments.
231	231	(e) In a year in which the approved expenses in the annual
232	232	budget exceed the district's annual revenue from all sources, the
233	233	board may approve an increase to the rate of the supplemental annual
234	234	assessment to accommodate the expenses if the percentage change in
235	235	the amount of the supplemental annual assessment does not exceed:
236	236	(1) two percent for that year as compared to the
237	237	previous year; or
238	238	(2) 10 percent over a five-year period.
239	239	(f) The district may not approve a supplemental assessment
240	240	under Section 375.122(1), Local Government Code, to pay costs of an
241	241	improvement project or service if the additional costs that are the
242	242	subject of the supplemental assessment exceed 25 percent of the
243	243	original total cost of the improvement project or service.
244	244	(g) A provision of this subchapter regarding an assessment
245	245	prevails over a conflicting provision of Chapter 375, Local
246	246	Government Code, as provided by Section 3925.006.
247	247	Sec. 3925.154. PETITION REQUIRED FOR FINANCING SERVICES AND
248	248	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
249	249	service or improvement project with assessments under this chapter
250	250	unless a written petition requesting that service or improvement
251	251	for all or part of the district has been filed with the board.
252	252	(b) A petition filed under Subsection (a) must be signed by
253	253	the owners of a majority of the assessed value of real property in
254	254	the district subject to assessment according to the most recent
255	255	certified tax appraisal roll for the county.
256	256	Sec. 3925.155. METHOD OF NOTICE FOR HEARING. The district
257	257	may mail the notice required by Section 375.115(c), Local
258	258	Government Code, by certified or first class United States mail.
259	259	The board shall determine the method of notice.
260	260	Sec. 3925.156. LIENS FOR ASSESSMENTS. (a) An assessment, a
261	261	reassessment, or an assessment resulting from an addition to or
262	262	correction of the assessment roll by the district, penalties and
263	263	interest on an assessment or reassessment, an expense of
264	264	collection, and reasonable attorney's fees incurred by the
265	265	district:
266	266	(1) are a first and prior lien against the property
267	267	assessed;
268	268	(2) are superior to any other lien or claim other than
269	269	a lien or claim for county, school district, or municipal ad valorem
270	270	taxes; and
271	271	(3) are the personal liability of and a charge against
272	272	the owners of the property even if the owners are not named in the
273	273	assessment proceedings.
274	274	(b) The lien is effective from the date of the board's
275	275	resolution imposing the assessment until the date the assessment is
276	276	paid.
277	277	Sec. 3925.157. RESIDENTIAL PROPERTY NOT EXEMPT. Section
278	278	375.161, Local Government Code, does not apply to the district.
279	279	Sec. 3925.158. ASSESSMENT ABATEMENT. The district may
280	280	designate reinvestment zones and may grant abatements of
281	281	assessments on property in the zones.
282	282	Sec. 3925.159. NO IMPACT FEES. The district may not impose
283	283	an impact fee.
284	284	Sec. 3925.160. NO AD VALOREM TAX. The district may not
285	285	impose an ad valorem tax.
286	286	SUBCHAPTER E. BONDS
287	287	Sec. 3925.201. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
288	288	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
289	289	determined by the board.
290	290	(b) The district may issue bonds, notes, or other
291	291	obligations payable wholly or partly from assessments, revenue,
292	292	contract payments, grants, or other district money, or any
293	293	combination of those sources of money, to pay for any authorized
294	294	district purpose.
295	295	Sec. 3925.202. CITY NOT REQUIRED TO PAY DISTRICT
296	296	OBLIGATIONS. Except as provided by Section 375.263, Local
297	297	Government Code, the city is not required to pay a bond, note, or
298	298	other obligation of the district.
299	299	SUBCHAPTER F. PUBLIC IMPROVEMENT DISTRICT DISSOLUTION
300	300	Sec. 3925.251. PUBLIC IMPROVEMENT DISTRICT DISSOLUTION.
301	301	(a) The city shall dissolve a public improvement district created
302	302	by the city under Chapter 372, Local Government Code, that is in the
303	303	boundaries of the district if the board imposes an assessment.
304	304	(b) A public improvement district that is dissolved under
305	305	this section shall remain in effect for the purposes of meeting
306	306	obligations of indebtedness and collecting delinquent assessments.
307	307	SUBCHAPTER G. CONSOLIDATION
308	308	Sec. 3925.301. The district may not be consolidated with
309	309	another district that has the powers of a district created under
310	310	Chapter 375, Local Government Code.
311	311	SUBCHAPTER H. DISSOLUTION
312	312	Sec. 3925.351. DISSOLUTION BY PETITION BY OWNERS. (a)
313	313	Section 375.262, Local Government Code, does not apply to the
314	314	district.
315	315	(b) Except as limited by Section 375.264, Local Government
316	316	Code, the board shall dissolve the district on written petition
317	317	filed with the board by the owners of:
318	318	(1) 50 percent or more of the assessed value of the
319	319	property in the district based on the most recent certified county
320	320	property tax rolls; or
321	321	(2) 50 percent or more of the surface area of the
322	322	district, excluding roads, streets, highways, utility
323	323	rights-of-way, other public areas, and other property exempt from
324	324	assessment under Sections 375.163 and 375.164, Local Government
325	325	Code, according to the most recent certified county property tax
326	326	rolls.
327	327	SECTION 2. The Saint George Place Management District
328	328	initially includes all territory contained in the Tax Increment
329	329	Reinvestment Zone No. One, City of Houston, Texas, designated by
330	330	the City of Houston in Ordinance No. 90-1452, dated December 12,
331	331	1990, as that zone is configured on the effective date of this Act.
332	332	SECTION 3. (a) The legal notice of the intention to
333	333	introduce this Act, setting forth the general substance of this
334	334	Act, has been published as provided by law, and the notice and a
335	335	copy of this Act have been furnished to all persons, agencies,
336	336	officials, or entities to which they are required to be furnished
337	337	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
338	338	Government Code.
339	339	(b) The governor, one of the required recipients, has
340	340	submitted the notice and Act to the Texas Commission on
341	341	Environmental Quality.
342	342	(c) The Texas Commission on Environmental Quality has filed
343	343	its recommendations relating to this Act with the governor,
344	344	lieutenant governor, and speaker of the house of representatives
345	345	within the required time.
346	346	(d) The general law relating to consent by political
347	347	subdivisions to the creation of districts with conservation,
348	348	reclamation, and road powers and the inclusion of land in those
349	349	districts has been complied with.
350	350	(e) All requirements of the constitution and laws of this
351	351	state and the rules and procedures of the legislature with respect
352	352	to the notice, introduction, and passage of this Act have been
353	353	fulfilled and accomplished.
354	354	SECTION 4. This Act takes effect immediately if it receives
355	355	a vote of two-thirds of all the members elected to each house, as
356	356	provided by Section 39, Article III, Texas Constitution. If this
357	357	Act does not receive the vote necessary for immediate effect, this
358	358	Act takes effect September 1, 2015.
359	359	* * * * *