Texas 2015 - 84th Regular

Texas House Bill HB4136 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R24707 JXC-F
2	1		By: Vo H.B. No. 4136
3		-	Substitute the following for H.B. No. 4136:
4		-	By: Alvarado C.S.H.B. No. 4136
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the board of directors, authority to impose
10	7		assessments, and territory of the International Management
11	8		District.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 3849.051, Special District Local Laws
14	11		Code, is amended to read as follows:
15	12		Sec. 3849.051. BOARD OF DIRECTORS; TERMS. (a) The district
16	13		is governed by a board of 13 [11] voting directors who serve
17	14		staggered terms of four years, with [five or] six or seven
18	15		directors' terms expiring June 1 of each odd-numbered year.
19	16		(b) Two voting directors must represent territory added to
20	17		the district after March 1, 2015.
21	18		(c) A director may not serve as the chair of the board for
22	19		more than three consecutive two-year terms.
23	20		(d) A director who has served as the chair of the board may
24	21		not serve as the chair again unless:
25	22		(1) at least six years have passed since the last day
26	23		of the director's most recent term as chair; and
27	24		(2) the director is elected as chair by at least
28	25		two-thirds of the serving directors [The board by resolution may
29	26		change the number of voting directors on the board, but only if the
30	27		board determines that the change is in the best interest of the
31	28		district. The board may not consist of fewer than five or more than
32	29		15 voting directors].
33	30		SECTION 2. Section 3849.053, Special District Local Laws
34	31		Code, is amended to read as follows:
35	32		Sec. 3849.053. APPOINTMENT AND REMOVAL OF DIRECTORS. (a)
36	33		The mayor and members of the governing body of the City of Houston
37	34		shall appoint voting directors from persons recommended by the
38	35		board. A person is appointed if a majority of the members of the
39	36		governing body, including the mayor, vote to appoint that person.
40	37		(b) A majority of the directors after notice and hearing may
41	38		remove a director for misconduct or failure to carry out the
42	39		director's duties.
43	40		SECTION 3. Section 3849.153, Special District Local Laws
44	41		Code, is amended by amending Subsection (b) and adding Subsection
45	42		(c) to read as follows:
46	43		(b) Except as provided by Subsection (c), the [The] petition
47	44		must be signed by:
48	45		(1) the owners of a majority of the assessed value of
49	46		real property in the district subject to assessment according to
50	47		the most recent certified tax appraisal roll for Harris County; or
51	48		(2) at least 50 owners of real property in the
52	49		district, if more than 50 persons own real property in the district
53	50		according to the most recent certified tax appraisal roll for
54	51		Harris County.
55	52		(c) The board may not impose an assessment on territory
56	53		added to the district by an act of the legislature enacted after
57	54		March 1, 2015, to finance a service or improvement project unless a
58	55		written petition consenting to the imposition of assessments in the
59	56		added territory has been filed with the board. The petition must be
60	57		signed by the owners of a majority of the assessed value of real
61	58		property in the added territory subject to assessment according to
62	59		the most recent certified tax appraisal roll for Harris County.
63	60		SECTION 4. Section 3849.052, Special District Local Laws
64	61		Code, is repealed.
65	62		SECTION 5. The following territory is added to the
66	63		territory of the International Management District:
67	64		Tract is +/- 4,026 acres (6.3 sq. miles) with beginning point being
68	65		the south right-of-way (ROW) of Westheimer Rd. (FM 1093) and east
69	66		ROW of Kirkwood Road;
70	67		Then south along east ROW of Kirkwood Dr., across Westpark Drive,
71	68		and along west boundary of ROYAL OAKS COUNTRY CLUB SEC 12 to
72	69		northeast corner of +/- 3.4 acre tract (DAIRY OUTLOTS TRS 46C & 59);
73	70		Then west along north boundary of said +/- 3.4 acre tract to
74	71		northwest corner of said tract and east easement of Brays Bayou;
75	72		Then south along east easement of Brays Bayou to south ROW of
76	73		Westpark Toll Road;
77	74		Then generally east along south ROW of Westpark Toll Road to
78	75		northeast corner of 1.0119 acre parcel (BRIARLEAF SEC 2 RES B2);
79	76		Then south along east boundary of said 1.0119 acre parcel, and
80	77		0.7857 acre parcel (BRIARLEAF SEC 2 RES B1) to north ROW of Harwin
81	78		Dr.;
82	79		Then generally east along north ROW of Harwin Dr., and boundary line
83	80		of Westchase Mgmt. District and south boundary of BRAYS VILLAGE
84	81		EAST SEC 3 to southeast corner of said subdivision;
85	82		Then south across ROW of Harwin Dr. and along east boundary of BRAYS
86	83		VILLAGE EAST Subdivision SEC 1, and boundary line of Westchase
87	84		Mgmt. District to southeast corner of 2.23 acre parcel (BRAYS
88	85		VILLAGE EAST SEC 1 RES C BLK 70;
89	86		Then west along south boundary of said 2.23 acre parcel, BRAYS
90	87		VILLAGE EAST SEC 1 LTS 83-85 BLK 7, and boundary line of Westchase
91	88		Mgmt. District to west boundary of BRAYS VILLAGE EAST SEC 1 TR 68
92	89		BLK 7;
93	90		Then south along east boundary of BRAYS VILLAGE EAST Subdivision
94	91		SEC 1, and boundary line of Westchase Mgmt. District to north
95	92		easement of Brays Bayou and boundary line of International Mgmt.
96	93		District;
97	94		Then west and northwest along north easement of Brays Bayou and
98	95		boundary line of International Mgmt. District to a point east of
99	96		southeast corner of 1 acre parcel (BRAYS FOREST SEC 1 LT 30 BLK 2);
100	97		Then generally west along boundary line of International Mgmt.
101	98		District across easement of Brays Bayou, and south boundary of said
102	99		1 acre parcel and coincident north drainage easement of tributary
103	100		of Brays Bayou to full purpose boundary line of City of Houston;
104	101		Then north along boundary line of International Mgmt. District, and
105	102		full purpose boundary line of City of Houston to southeast corner of
106	103		0.2182 acre tract (PHEASANT RUN SEC 2 R/P TR 12B BLK 5);
107	104		Then generally west along south boundary of said 0.2182 acre tract,
108	105		and PHEASANT RUN SEC 2 R/P LOTS 13-34 BLK 5, and boundary line of
109	106		International Mgmt. District and north easement of trib. of Brays
110	107		Bayou to east ROW of Metro Blvd.;
111	108		Then north along boundary line of International Mgmt. District and
112	109		east ROW of Metro Blvd. to south ROW of Alief-Clodine Rd.;
113	110		Then west along boundary line of International Mgmt. District south
114	111		ROW of Alief-Clodine Rd. to west ROW of State Highway 6
115	112		(southbound);
116	113		Then north along west ROW of State Highway 6 (southbound) to south
117	114		ROW of Westheimer Rd. (FM 1093);
118	115		Then east along south ROW of Westheimer Rd. (FM 1093) to east ROW of
119	116		Kirkwood Rd. and beginning point of +/- 4,400 acre tract;
120	117		Save and Except TR 21 & TR 6 ABST 42 H K LEWIS ABST 24 W HARDIN;
121	118		Save and Except TR 21A & TR 6A ABST 42 H K LEWIS ABST 24 W HARDIN;
122	119		Save and Except WEST HOUSTON MEDICAL CTR SEC 2 RES A BLK1;
123	120		Save and Except WEST HOUSTON MEDICAL CTR SEC 2 RES A1;
124	121		Save and Except WEST HOUSTON MEDICAL CTR SEC 2 RES A3 BLK 1;
125	122		Save and Except ABST 80 J WHEATON TR 27A;
126	123		Save and Except ABST 80 J WHEATON TR 27A-1;
127	124		Save and Except ABST 80 J WHEATON TR 27A-10;
128	125		Save and Except ABST 80 J WHEATON TR 27A-11;
129	126		Save and Except ABST 80 J WHEATON TR 27A-17;
130	127		Save and Except ABST 80 J WHEATON TR 27A-19;
131	128		Save and Except ABST 80 J WHEATON TR 27A-2;
132	129		Save and Except ABST 80 J WHEATON TR 27A-20;
133	130		Save and Except ABST 80 J WHEATON TR 27A-21;
134	131		Save and Except ABST 80 J WHEATON TR 27A-22;
135	132		Save and Except ABST 80 J WHEATON TR 27A-3;
136	133		Save and Except ABST 80 J WHEATON TR 27A-5;
137	134		Save and Except ABST 80 J WHEATON TR 27A-6;
138	135		Save and Except ABST 80 J WHEATON TR 27A-7;
139	136		Save and Except ABST 80 J WHEATON TR 27A-8;
140	137		Save and Except ABST 80 J WHEATON TR 27A-9;
141	138		Save and Except CHEVRON USA INC @ WESTHEIMER RD @ ELDRIDGE PKWY RES
142	139		A BLK 1;
143	140		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A BLK 1;
144	141		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A1 BLK 1;
145	142		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A2 BLK 1;
146	143		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A3 BLK 1;
147	144		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A4 BLK 1;
148	145		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A5 BLK 1;
149	146		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES B BLK 1;
150	147		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C BLK 1;
151	148		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C1 BLK 1;
152	149		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C2 BLK 1;
153	150		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C3 BLK 1;
154	151		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C4 BLK 1;
155	152		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C5 BLK 1;
156	153		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C6 BLK 1;
157	154		Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C7 BLK 1;
158	155		Save and Except HARRIS COUNTY MUD NO. 359;
159	156		Save and Except W W ROYAL OAKS RES BLK 1;
160	157		Save and Except SCHLOTZSKYS AT SHADOWLAKE R/P RES A BLK 1;
161	158		Save and Except MANDALAY AT SHADOWLAKE APARTMENTS RESERVE BLK 1;
162	159		SECTION 6. Except as provided by Section 3849.153, Special
163	160		District Local Laws Code, as amended by this Act, the territory
164	161		added to the International Management District by Section 5 of this
165	162		Act is subject to Chapter 3849, Special District Local Laws Code, in
166	163		the same manner that the original territory of the district is
167	164		subject to that chapter, including provisions of that chapter
168	165		applicable to district assessments.
169	166		SECTION 7. (a) On the later of June 1, 2015, or the
170	167		effective date of this Act, the board of directors of the
171	168		International Management District is dissolved.
172	169		(b) On the effective date of this Act, the board of
173	170		directors of the International Management District is
174	171		reconstituted and is composed of the following directors:
175	172		Pos. No. Director
176	173		1 A director appointed under Subsection (c) of
177	174		this section
178	175		2 Karen Loper
179	176		3 Thuy Vu
180	177		4 H. D. Chambers
181	178		5 Leeshan Birney
182	179		6 Vican Tan Sun
183	180		7 A director appointed under Subsection (c) of
184	181		this section
185	182		8 Fred Bhandara
186	183		9 Stephen Le
187	184		10 Wea Lee
188	185		11 Be Nguyen
189	186		12 A director appointed under Subsection (c) of
190	187		this section
191	188		13 A director appointed under Subsection (c) of
192	189		this section
193	190		(c) Notwithstanding Section 3849.053, Special District
194		-	Local Laws Code, the directors named in Subsection (b) of this
195		-	section shall appoint directors to fill positions Nos. 1, 7, 12,
196		-	and 13 in Subsection (b) of this section.
	191	+	Local Laws Code, as amended by this Act, the directors named in
	192	+	Subsection (b) of this section shall appoint directors to fill
	193	+	positions
	194	+	1, 7, 12, and 13 in Subsection (b) of this section.
197	195		(d) Notwithstanding the requirement in Section 3849.051,
198	196		Special District Local Laws Code, as amended by this Act, that
199	197		directors serve four-year terms:
200	198		(1) the terms of the directors of the International
201	199		Management District serving in positions 1 through 6 as provided by
202	200		Subsection (b) of this section expire June 1, 2017; and
203	201		(2) the terms of the directors of the International
204	202		Management District serving in positions 7 through 13 as provided
205	203		by Subsection (b) of this section expire June 1, 2019.
206	204		(e) Not later than the 60th day after the effective date of
207	205		this Act, the board of directors of the International Management
208	206		District, as reconstituted, shall elect officers and a chair.
209	207		SECTION 8. (a) The legislature validates and confirms all
210	208		governmental acts and proceedings of the International Management
211	209		District that were taken before the effective date of this Act. An
212	210		act or proceeding may not be held invalid because the act or
213	211		proceeding was not in accordance with Chapter 3849, Special
214	212		District Local Laws Code, or other law.
215	213		(b) This section does not apply to any matter that on the
216	214		effective date of this Act:
217	215		(1) is involved in litigation if the litigation
218	216		ultimately results in the matter being held invalid by a final court
219	217		judgment; or
220	218		(2) has been held invalid by a final court judgment.
221	219		SECTION 9. (a) The legal notice of the intention to
222	220		introduce this Act, setting forth the general substance of this
223	221		Act, has been published as provided by law, and the notice and a
224	222		copy of this Act have been furnished to all persons, agencies,
225	223		officials, or entities to which they are required to be furnished
226	224		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
227	225		Government Code.
228	226		(b) The governor, one of the required recipients, has
229	227		submitted the notice and Act to the Texas Commission on
230	228		Environmental Quality.
231	229		(c) The Texas Commission on Environmental Quality has filed
232	230		its recommendations relating to this Act with the governor,
233	231		lieutenant governor, and speaker of the house of representatives
234	232		within the required time.
235	233		(d) The general law relating to consent by political
236	234		subdivisions to the creation of districts with conservation,
237	235		reclamation, and road powers and the inclusion of land in those
238	236		districts has been complied with.
239	237		(e) All requirements of the constitution and laws of this
240	238		state and the rules and procedures of the legislature with respect
241	239		to the notice, introduction, and passage of this Act have been
242	240		fulfilled and accomplished.
243	241		SECTION 10. This Act takes effect immediately if it
244	242		receives a vote of two-thirds of all the members elected to each
245	243		house, as provided by Section 39, Article III, Texas Constitution.
246	244		If this Act does not receive the vote necessary for immediate
247	245		effect, this Act takes effect September 1, 2015.