By: Vo H.B. No. 4136
A BILL TO BE ENTITLED
AN ACT
relating to the board of directors, authority to impose
assessments, and territory of the International Management
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3849.051, Special District Local Laws
Code, is amended to read as follows:
Sec. 3849.051. BOARD OF DIRECTORS; TERMS. (a) The district
is governed by a board of 13 [11] voting directors who serve
staggered terms of four years, with [five or] six or seven
directors' terms expiring June 1 of each odd-numbered year.
(b) Two voting directors must represent territory added to
the district after March 1, 2015.
(c) A director may not serve as the chair of the board for
more than three consecutive two-year terms.
(d) A director who has served as the chair of the board may
not serve as the chair again unless:
(1) at least six years have passed since the last day
of the director's most recent term as chair; and
(2) the director is elected as chair by at least
two-thirds of the serving directors [The board by resolution may
change the number of voting directors on the board, but only 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
15 voting directors].
SECTION 2. Section 3849.053, Special District Local Laws
Code, is amended to read as follows:
Sec. 3849.053. APPOINTMENT AND REMOVAL OF DIRECTORS. (a)
The mayor and members of the governing body of the City of Houston
shall appoint voting directors from persons recommended by the
board. A person is appointed if a majority of the members of the
governing body, including the mayor, vote to appoint that person.
(b) A majority of the directors after notice and hearing may
remove a director for misconduct or failure to carry out the
director's duties.
SECTION 3. Section 3849.153, Special District Local Laws
Code, is amended by amending Subsection (b) and adding Subsection
(c) to read as follows:
(b) Except as provided by Subsection (c), the [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 Harris County; or
(2) at least 50 owners of real property in the
district, if more than 50 persons own real property in the district
according to the most recent certified tax appraisal roll for
Harris County.
(c) The board may not impose an assessment on territory
added to the district by an act of the legislature enacted after
March 1, 2015, to finance a service or improvement project unless a
written petition consenting to the imposition of assessments in the
added territory has been filed with the board. The petition must be
signed by the owners of a majority of the assessed value of real
property in the added territory subject to assessment according to
the most recent certified tax appraisal roll for Harris County.
SECTION 4. Section 3849.052, Special District Local Laws
Code, is repealed.
SECTION 5. The following territory is added to the
territory of the International Management District:
Tract is +/- 4,026 acres (6.3 sq. miles) with beginning point being
the south right-of-way (ROW) of Westheimer Rd. (FM 1093) and east
ROW of Kirkwood Road;
Then south along east ROW of Kirkwood Dr., across Westpark Drive,
and along west boundary of ROYAL OAKS COUNTRY CLUB SEC 12 to
northeast corner of +/- 3.4 acre tract (DAIRY OUTLOTS TRS 46C & 59);
Then west along north boundary of said +/- 3.4 acre tract to
northwest corner of said tract and east easement of Brays Bayou;
Then south along east easement of Brays Bayou to south ROW of
Westpark Toll Road;
Then generally east along south ROW of Westpark Toll Road to
northeast corner of 1.0119 acre parcel (BRIARLEAF SEC 2 RES B2);
Then south along east boundary of said 1.0119 acre parcel, and
0.7857 acre parcel (BRIARLEAF SEC 2 RES B1) to north ROW of Harwin
Dr.;
Then generally east along north ROW of Harwin Dr., and boundary line
of Westchase Mgmt. District and south boundary of BRAYS VILLAGE
EAST SEC 3 to southeast corner of said subdivision;
Then south across ROW of Harwin Dr. and along east boundary of BRAYS
VILLAGE EAST Subdivision SEC 1, and boundary line of Westchase
Mgmt. District to southeast corner of 2.23 acre parcel (BRAYS
VILLAGE EAST SEC 1 RES C BLK 70;
Then west along south boundary of said 2.23 acre parcel, BRAYS
VILLAGE EAST SEC 1 LTS 83-85 BLK 7, and boundary line of Westchase
Mgmt. District to west boundary of BRAYS VILLAGE EAST SEC 1 TR 68
BLK 7;
Then south along east boundary of BRAYS VILLAGE EAST Subdivision
SEC 1, and boundary line of Westchase Mgmt. District to north
easement of Brays Bayou and boundary line of International Mgmt.
District;
Then west and northwest along north easement of Brays Bayou and
boundary line of International Mgmt. District to a point east of
southeast corner of 1 acre parcel (BRAYS FOREST SEC 1 LT 30 BLK 2);
Then generally west along boundary line of International Mgmt.
District across easement of Brays Bayou, and south boundary of said
1 acre parcel and coincident north drainage easement of tributary
of Brays Bayou to full purpose boundary line of City of Houston;
Then north along boundary line of International Mgmt. District, and
full purpose boundary line of City of Houston to southeast corner of
0.2182 acre tract (PHEASANT RUN SEC 2 R/P TR 12B BLK 5);
Then generally west along south boundary of said 0.2182 acre tract,
and PHEASANT RUN SEC 2 R/P LOTS 13-34 BLK 5, and boundary line of
International Mgmt. District and north easement of trib. of Brays
Bayou to east ROW of Metro Blvd.;
Then north along boundary line of International Mgmt. District and
east ROW of Metro Blvd. to south ROW of Alief-Clodine Rd.;
Then west along boundary line of International Mgmt. District south
ROW of Alief-Clodine Rd. to west ROW of State Highway 6
(southbound);
Then north along west ROW of State Highway 6 (southbound) to south
ROW of Westheimer Rd. (FM 1093);
Then east along south ROW of Westheimer Rd. (FM 1093) to east ROW of
Kirkwood Rd. and beginning point of +/- 4,400 acre tract;
Save and Except TR 21 & TR 6 ABST 42 H K LEWIS ABST 24 W HARDIN;
Save and Except TR 21A & TR 6A ABST 42 H K LEWIS ABST 24 W HARDIN;
Save and Except WEST HOUSTON MEDICAL CTR SEC 2 RES A BLK1;
Save and Except WEST HOUSTON MEDICAL CTR SEC 2 RES A1;
Save and Except WEST HOUSTON MEDICAL CTR SEC 2 RES A3 BLK 1;
Save and Except ABST 80 J WHEATON TR 27A;
Save and Except ABST 80 J WHEATON TR 27A-1;
Save and Except ABST 80 J WHEATON TR 27A-10;
Save and Except ABST 80 J WHEATON TR 27A-11;
Save and Except ABST 80 J WHEATON TR 27A-17;
Save and Except ABST 80 J WHEATON TR 27A-19;
Save and Except ABST 80 J WHEATON TR 27A-2;
Save and Except ABST 80 J WHEATON TR 27A-20;
Save and Except ABST 80 J WHEATON TR 27A-21;
Save and Except ABST 80 J WHEATON TR 27A-22;
Save and Except ABST 80 J WHEATON TR 27A-3;
Save and Except ABST 80 J WHEATON TR 27A-5;
Save and Except ABST 80 J WHEATON TR 27A-6;
Save and Except ABST 80 J WHEATON TR 27A-7;
Save and Except ABST 80 J WHEATON TR 27A-8;
Save and Except ABST 80 J WHEATON TR 27A-9;
Save and Except CHEVRON USA INC @ WESTHEIMER RD @ ELDRIDGE PKWY RES
A BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A1 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A2 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A3 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A4 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A5 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES B BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C1 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C2 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C3 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C4 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C5 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C6 BLK 1;
Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C7 BLK 1;
Save and Except HARRIS COUNTY MUD NO. 359;
Save and Except W W ROYAL OAKS RES BLK 1;
Save and Except SCHLOTZSKYS AT SHADOWLAKE R/P RES A BLK 1;
Save and Except MANDALAY AT SHADOWLAKE APARTMENTS RESERVE BLK 1;
SECTION 6. Except as provided by Section 3849.153, Special
District Local Laws Code, as amended by this Act, the territory
added to the International Management District by Section 5 of this
Act is subject to Chapter 3849, Special District Local Laws Code, in
the same manner that the original territory of the district is
subject to that chapter, including provisions of that chapter
applicable to district assessments.
SECTION 7. (a) On the later of June 1, 2015, or the
effective date of this Act, the board of directors of the
International Management District is dissolved.
(b) On the effective date of this Act, the board of
directors of the International Management District is
reconstituted and is composed of the following directors:
Pos. No. Director
1 A director appointed under Subsection (c) of
this section
2 Karen Loper
3 Thuy Vu
4 H. D. Chambers
5 Leeshan Birney
6 Vican Tan Sun
7 A director appointed under Subsection (c) of
this section
8 Fred Bhandara
9 Stephen Le
10 Wea Lee
11 Be Nguyen
12 A director appointed under Subsection (c) of
this section
13 A director appointed under Subsection (c) of
this section
(c) Notwithstanding Section 3849.053, Special District
Local Laws Code, as amended by this Act, the directors named in
Subsection (b) of this section shall appoint directors to fill
positions
1, 7, 12, and 13 in Subsection (b) of this section.
(d) Notwithstanding the requirement in Section 3849.051,
Special District Local Laws Code, as amended by this Act, that
directors serve four-year terms:
(1) the terms of the directors of the International
Management District serving in positions 1 through 6 as provided by
Subsection (b) of this section expire June 1, 2017; and
(2) the terms of the directors of the International
Management District serving in positions 7 through 13 as provided
by Subsection (b) of this section expire June 1, 2019.
(e) Not later than the 60th day after the effective date of
this Act, the board of directors of the International Management
District, as reconstituted, shall elect officers and a chair.
SECTION 8. (a) The legislature validates and confirms all
governmental acts and proceedings of the International Management
District that were taken before the effective date of this Act. An
act or proceeding may not be held invalid because the act or
proceeding was not in accordance with Chapter 3849, Special
District Local Laws Code, or other law.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 9. (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 10. 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.