Texas 2015 - 84th Regular

Texas House Bill HB4158 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R18371 JXC-F
2		-	By: Bell H.B. No. 4158
	1	+	H.B. No. 4158
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of the East Waller County Management
8	6		District; providing authority to issue bonds; providing authority
9	7		to impose assessments, fees, or taxes.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	10		Code, is amended by adding Chapter 3937 to read as follows:
13	11		CHAPTER 3937. EAST WALLER COUNTY MANAGEMENT DISTRICT
14	12		SUBCHAPTER A. GENERAL PROVISIONS
15	13		Sec. 3937.001. DEFINITIONS. In this chapter:
16	14		(1) "Board" means the district's board of directors.
17	15		(2) "County" means Waller County.
18	16		(3) "Director" means a board member.
19	17		(4) "District" means the East Waller County Management
20	18		District.
21	19		Sec. 3937.002. CREATION AND NATURE OF DISTRICT. The
22	20		district is a special district created under Section 59, Article
23	21		XVI, Texas Constitution.
24	22		Sec. 3937.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
25	23		creation of the district is essential to accomplish the purposes of
26	24		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	25		Texas Constitution, and other public purposes stated in this
28	26		chapter. By creating the district and in authorizing political
29	27		subdivisions to contract with the district, the legislature has
30	28		established a program to accomplish the public purposes set out in
31	29		Section 52-a, Article III, Texas Constitution.
32	30		(b) The creation of the district is necessary to promote,
33	31		develop, encourage, and maintain employment, commerce,
34	32		transportation, housing, tourism, recreation, the arts,
35	33		entertainment, economic development, safety, and the public
36	34		welfare in the district.
37	35		(c) The district is created to supplement and not to
38	36		supplant county services provided in the district.
39	37		Sec. 3937.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
40	38		The district is created to serve a public use and benefit.
41	39		(b) All land and other property included in the district
42	40		will benefit from the improvements and services to be provided by
43	41		the district under powers conferred by Sections 52 and 52-a,
44	42		Article III, and Section 59, Article XVI, Texas Constitution, and
45	43		other powers granted under this chapter.
46	44		(c) The creation of the district is in the public interest
47	45		and is essential to further the public purposes of:
48	46		(1) developing and diversifying the economy of the
49	47		state;
50	48		(2) eliminating unemployment and underemployment;
51	49		(3) developing or expanding transportation and
52	50		commerce; and
53	51		(4) providing quality residential housing.
54	52		(d) The district will:
55	53		(1) promote the health, safety, and general welfare of
56	54		residents, employers, potential employees, employees, visitors,
57	55		and consumers in the district, and of the public;
58	56		(2) provide needed funding for the district to
59	57		preserve, maintain, and enhance the economic health and vitality of
60	58		the district territory as a residential community and business
61	59		center; and
62	60		(3) promote the health, safety, welfare, and enjoyment
63	61		of the public by providing pedestrian ways and by landscaping,
64	62		removing graffiti from, and developing certain areas in the
65	63		district, which are necessary for the restoration, preservation,
66	64		and enhancement of scenic beauty.
67	65		(e) Pedestrian ways along or across a street, whether at
68	66		grade or above or below the surface, and street lighting, street
69	67		landscaping, vehicle parking, and street art objects are parts of
70	68		and necessary components of a street and are considered to be an
71	69		improvement project that includes a street or road improvement.
72	70		(f) The district will not act as the agent or
73	71		instrumentality of any private interest even though the district
74	72		will benefit many private interests as well as the public.
75	73		Sec. 3937.005. DISTRICT TERRITORY. (a) The district is
76	74		initially composed of the territory described by Section 2 of the
77	75		Act enacting this chapter.
78	76		(b) The boundaries and field notes contained in Section 2 of
79	77		the Act enacting this chapter form a closure. A mistake in the
80	78		field notes or in copying the field notes in the legislative process
81	79		does not affect the district's:
82	80		(1) organization, existence, or validity;
83	81		(2) right to issue any type of bond for the purposes
84	82		for which the district is created or to pay the principal of and
85	83		interest on a bond;
86	84		(3) right to impose or collect an assessment or tax; or
87	85		(4) legality or operation.
88	86		Sec. 3937.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
89	87		DISTRICTS LAW. Except as otherwise provided by this chapter,
90	88		Chapter 375, Local Government Code, applies to the district.
91	89		Sec. 3937.007. CONSTRUCTION OF CHAPTER. This chapter shall
92	90		be liberally construed in conformity with the findings and purposes
93	91		stated in this chapter.
94	92		SUBCHAPTER B. BOARD OF DIRECTORS
95	93		Sec. 3937.051. GOVERNING BODY; TERMS. The district is
96	94		governed by a board of five voting directors who serve staggered
97	95		terms of four years with two or three directors' terms expiring June
98	96		1 of each odd-numbered year.
99	97		Sec. 3937.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY
100	98		COUNTY. To be qualified to serve as a director appointed by the
101	99		governing body of the county, a person must be:
102	100		(1) a resident of the district who is also a registered
103	101		voter of the district;
104	102		(2) an owner of property in the district;
105	103		(3) an owner of stock or a partnership or membership
106	104		interest, whether beneficial or otherwise, of a corporate
107	105		partnership, limited liability company, or other entity owner of a
108	106		direct or indirect interest in property in the district;
109	107		(4) an owner of a beneficial interest in a trust, or a
110	108		trustee in a trust, that directly or indirectly owns property in the
111	109		district;
112	110		(5) an agent, employee, or tenant of a person
113	111		described by Subdivision (2), (3), or (4);
114	112		(6) a resident of Waller County; or
115	113		(7) an initial director.
116	114		Sec. 3937.053. APPOINTMENT OF DIRECTORS. The governing
117	115		body of the county shall appoint directors from persons recommended
118	116		by the board.
119	117		Sec. 3937.054. VACANCY. If a vacancy occurs on the board,
120	118		the remaining directors shall appoint a director for the remainder
121	119		of the unexpired term.
122	120		Sec. 3937.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A
123	121		director shall file the director's oath or affirmation of office
124	122		with the district, and the district shall retain the oath or
125	123		affirmation in the district records.
126	124		(b) A director shall file a copy of the director's oath or
127	125		affirmation with the clerk of the county.
128	126		Sec. 3937.056. QUORUM. A vacant director position is not
129	127		counted for purposes of establishing a quorum.
130	128		Sec. 3937.057. OFFICERS. The board shall elect from among
131	129		the directors a chair, a vice chair, and a secretary. The offices
132	130		of chair and secretary may not be held by the same person.
133	131		Sec. 3937.058. COMPENSATION; EXPENSES. (a) The district
134	132		may compensate each director in an amount not to exceed $50 for each
135	133		board meeting. The total amount of compensation a director may
136	134		receive each year may not exceed $2,000.
137	135		(b) A director is entitled to reimbursement for necessary
138	136		and reasonable expenses incurred in carrying out the duties and
139	137		responsibilities of the board.
140	138		Sec. 3937.059. LIABILITY INSURANCE. The district may obtain
141	139		and pay for comprehensive general liability insurance coverage from
142	140		a commercial insurance company or other source that protects and
143	141		insures a director against personal liability and from all claims
144	142		relating to:
145	143		(1) actions taken by the director in the director's
146	144		capacity as a member of the board;
147	145		(2) actions and activities taken by the district; or
148	146		(3) the actions of others acting on behalf of the
149	147		district.
150	148		Sec. 3937.060. NO EXECUTIVE COMMITTEE. The board may not
151	149		create an executive committee to exercise the powers of the board.
152	150		Sec. 3937.061. BOARD MEETINGS. The board shall hold
153	151		meetings at a place accessible to the public.
154	152		Sec. 3937.062. INITIAL DIRECTORS. (a) The initial board
155	153		consists of:
156	154		Pos. No. Name of Director Pos. No. Name of Director
157	155		Pos. No. Name of Director
158	156		1 Kelly Moore 1 Kelly Moore
159	157		1 Kelly Moore
160	158		2 Frank Heuszel 2 Frank Heuszel
161	159		2 Frank Heuszel
162	160		3 Jeff Gobles 3 Jeff Gobles
163	161		3 Jeff Gobles
164	162		4 Elli Hinson 4 Elli Hinson
165	163		4 Elli Hinson
166	164		5 Bob Malquest 5 Bob Malquest
167	165		5 Bob Malquest
168	166		(b) The terms of the initial directors expire June 1, 2017.
169	167		(c) Of the directors who replace an initial director, the
170	168		terms of directors serving in positions 1 through 3 expire June 1,
171	169		2019, and the terms of directors serving in positions 4 and 5 expire
172	170		June 1, 2021.
173	171		(d) Section 3937.052 does not apply to initial directors
174	172		under this section.
175	173		(e) This section expires September 1, 2021.
176	174		SUBCHAPTER C. POWERS AND DUTIES
177	175		Sec. 3937.101. GENERAL POWERS AND DUTIES. The district has
178	176		the powers and duties necessary to accomplish the purposes for
179	177		which the district is created.
180	178		Sec. 3937.102. IMPROVEMENT PROJECTS AND SERVICES. The
181	179		district may provide, design, construct, acquire, improve,
182	180		relocate, operate, maintain, or finance an improvement project or
183	181		service using money available to the district, or contract with a
184	182		governmental or private entity to provide, design, construct,
185	183		acquire, improve, relocate, operate, maintain, or finance an
186	184		improvement project or service authorized under this chapter or
187	185		Chapter 375, Local Government Code.
188	186		Sec. 3937.103. LOCATION OF IMPROVEMENT PROJECT. An
189	187		improvement project described by Section 3937.102 may be located:
190	188		(1) in the district; or
191	189		(2) in an area outside but adjacent to the district if
192	190		the project is for the purpose of extending a public infrastructure
193	191		improvement beyond the district's boundaries to a logical terminus.
194	192		Sec. 3937.104. DEVELOPMENT CORPORATION POWERS. The
195	193		district, using money available to the district, may exercise the
196	194		powers given to a development corporation under Chapter 505, Local
197	195		Government Code, including the power to own, operate, acquire,
198	196		construct, lease, improve, or maintain a project under that
199	197		chapter.
200	198		Sec. 3937.105. NONPROFIT CORPORATION. (a) The board by
201	199		resolution may authorize the creation of a nonprofit corporation to
202	200		assist and act for the district in implementing a project or
203	201		providing a service authorized by this chapter.
204	202		(b) The nonprofit corporation:
205	203		(1) has each power of and is considered to be a local
206	204		government corporation created under Subchapter D, Chapter 431,
207	205		Transportation Code; and
208	206		(2) may implement any project and provide any service
209	207		authorized by this chapter.
210	208		(c) The board shall appoint the board of directors of the
211	209		nonprofit corporation. The board of directors of the nonprofit
212	210		corporation shall serve in the same manner as the board of directors
213	211		of a local government corporation created under Subchapter D,
214	212		Chapter 431, Transportation Code, except that a board member is not
215	213		required to reside in the district.
216	214		Sec. 3937.106. AGREEMENTS; GRANTS. (a) As provided by
217	215		Chapter 375, Local Government Code, the district may make an
218	216		agreement with or accept a gift, grant, or loan from any person.
219	217		(b) The implementation of a project is a governmental
220	218		function or service for the purposes of Chapter 791, Government
221	219		Code.
222	220		Sec. 3937.107. LAW ENFORCEMENT SERVICES. To protect the
223	221		public interest, the district may contract with a qualified party,
224	222		including the county, to provide law enforcement services in the
225	223		district for a fee.
226	224		Sec. 3937.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
227	225		district may join and pay dues to a charitable or nonprofit
228	226		organization that performs a service or provides an activity
229	227		consistent with the furtherance of a district purpose.
230	228		Sec. 3937.109. ECONOMIC DEVELOPMENT. (a) The district may
231	229		engage in activities that accomplish the economic development
232	230		purposes of the district.
233	231		(b) The district may establish and provide for the
234	232		administration of one or more programs to promote state or local
235	233		economic development and to stimulate business and commercial
236	234		activity in the district, including programs to:
237	235		(1) make loans and grants of public money; and
238	236		(2) provide district personnel and services.
239	237		(c) The district may create economic development programs
240	238		and exercise the economic development powers that:
241	239		(1) Chapter 380, Local Government Code, provides to a
242	240		municipality; and
243	241		(2) Subchapter A, Chapter 1509, Government Code,
244	242		provides to a municipality.
245	243		Sec. 3937.110. REAL PROPERTY RESTRICTIONS. (a) The
246	244		district may adopt restrictions on the use of real property in the
247	245		district.
248	246		(b) The district may enforce restrictions on the use of real
249	247		property in the district in the manner provided for a municipal
250	248		utility district by Section 54.237, Water Code.
251	249		Sec. 3937.111. DESIGNATION OF SPECIAL ZONES. (a) The
252	250		district may designate all or any part of the area of the district,
253	251		as if the district were a municipality, as:
254	252		(1) a tax increment reinvestment zone under Chapter
255	253		311, Tax Code;
256	254		(2) a tax abatement reinvestment zone under Chapter
257	255		312, Tax Code; or
258	256		(3) an industrial district under Chapter 42, Local
259	257		Government Code.
260	258		(b) Section 311.006(b), Tax Code, does not apply to a tax
261	259		increment reinvestment zone created by the district.
262	260		(c) The district may submit to the Texas Economic
263	261		Development Bank a request for designation of a project or activity
264	262		in the district as an enterprise project in the manner provided for
265	263		a municipality to submit a request under Chapter 2303, Government
266	264		Code.
267	265		(d) If the county creates a tax increment reinvestment zone
268	266		under Chapter 311, Tax Code, the county, by contract with the
269	267		district, may grant money deposited in the tax increment fund to the
270	268		district to be used by the district for the purposes permitted for
271	269		money granted to a corporation under Section 380.002(b), Local
272	270		Government Code, including the right to pledge the money as
273	271		security for any bonds issued by the district for an improvement
274	272		project.
275	273		Sec. 3937.112. CONCURRENCE ON ADDITIONAL POWERS. If the
276	274		territory of the district is located in the corporate boundaries or
277	275		the extraterritorial jurisdiction of a municipality, the district
278	276		may not exercise a power granted to the district after the date the
279	277		district was created unless the governing body of the municipality
280	278		by resolution consents to the district's exercise of the power.
281	279		Sec. 3937.113. NO EMINENT DOMAIN POWER. The district may
282	280		not exercise the power of eminent domain.
283	281		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
284	282		Sec. 3937.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
285	283		board by resolution shall establish the number of signatures and
286	284		the procedure required for a disbursement or transfer of the
287	285		district's money.
288	286		Sec. 3937.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
289	287		The district may acquire, construct, finance, operate, or maintain
290	288		an improvement project or service authorized under this chapter or
291	289		Chapter 375, Local Government Code, using any money available to
292	290		the district.
293	291		Sec. 3937.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
294	292		BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
295	293		secure the payment or repayment of any bond, note, or other
296	294		temporary or permanent obligation or reimbursement or other
297	295		contract with any person and the costs and expenses of the
298	296		establishment, administration, and operation of the district and
299	297		the district's costs or share of the costs or revenue of an
300	298		improvement project or district contractual obligation or
301	299		indebtedness by:
302	300		(1) the imposition of an ad valorem tax or sales and
303	301		use tax or an assessment, user fee, concession fee, or rental
304	302		charge; or
305	303		(2) any other revenue or resources of the district,
306	304		including revenues from a tax increment reinvestment zone.
307	305		Sec. 3937.154. PETITION REQUIRED FOR FINANCING SERVICES AND
308	306		IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
309	307		service or improvement project with assessments under this chapter
310	308		unless a written petition requesting that service or improvement
311	309		has been filed with the board.
312		-	(b) The petition must be signed by:
313		-	(1) the owners of a majority of the assessed value of
314		-	real property in the district subject to assessment according to
315		-	the most recent certified tax appraisal roll for the county; or
316		-	(2) at least 50 persons who own real property in the
317		-	district subject to assessment, if more than 50 persons own real
318		-	property in the district subject to assessment as determined by the
319		-	most recent certified tax appraisal roll for the county.
320		-	Sec. 3937.155. METHOD OF NOTICE FOR HEARING. The district
321		-	may mail the notice required by Section 375.115(c), Local
322		-	Government Code, by certified or first class United States mail.
323		-	The board shall determine the method of notice.
324		-	Sec. 3937.156. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
	310	+	(b) The petition must be signed by the owners of a majority
	311	+	of the assessed value of real property in the district subject to
	312	+	assessment according to the most recent certified tax appraisal
	313	+	roll for the county.
	314	+	Sec. 3937.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
325	315		The board by resolution may impose and collect an assessment for any
326	316		purpose authorized by this chapter in all or any part of the
327	317		district.
328	318		(b) An assessment, a reassessment, or an assessment
329	319		resulting from an addition to or correction of the assessment roll
330	320		by the district, penalties and interest on an assessment or
331	321		reassessment, an expense of collection, and reasonable attorney's
332	322		fees incurred by the district:
333	323		(1) are a first and prior lien against the property
334	324		assessed;
335	325		(2) are superior to any other lien or claim other than
336	326		a lien or claim for county, school district, or municipal ad valorem
337	327		taxes; and
338	328		(3) are the personal liability of and a charge against
339	329		the owners of the property even if the owners are not named in the
340	330		assessment proceedings.
341	331		(c) The lien is effective from the date of the board's
342	332		resolution imposing the assessment until the date the assessment is
343	333		paid. The board may enforce the lien in the same manner that the
344	334		board may enforce an ad valorem tax lien against real property.
345	335		(d) The board may make a correction to or deletion from the
346	336		assessment roll that does not increase the amount of assessment of
347	337		any parcel of land without providing notice and holding a hearing in
348	338		the manner required for additional assessments.
349		-	Sec. 3937.~~157~~. STORM WATER USER CHARGES. The district may
	339	+	Sec. 3937.156. STORM WATER USER CHARGES. The district may
350	340		establish user charges related to the operation of storm water
351	341		facilities, including the regulation of storm water for the
352	342		protection of water quality in the district.
353		-	Sec. 3937.~~158~~. NONPOTABLE WATER USER CHARGES. The district
	343	+	Sec. 3937.157. NONPOTABLE WATER USER CHARGES. The district
354	344		may establish user charges for the use of nonpotable water for
355	345		irrigation purposes, subject to approval of the governing body of
356	346		the county.
357		-	Sec. 3937.~~159~~. COSTS FOR IMPROVEMENT PROJECTS. The
	347	+	Sec. 3937.158. COSTS FOR IMPROVEMENT PROJECTS. The
358	348		district may undertake separately or jointly with other persons,
359	349		including the county, all or part of the cost of an improvement
360	350		project, including an improvement project:
361	351		(1) for improving, enhancing, and supporting public
362	352		safety and security, fire protection and emergency medical
363	353		services, and law enforcement in or adjacent to the district; or
364	354		(2) that confers a general benefit on the entire
365	355		district or a special benefit on a definable part of the district.
366		-	Sec. 3937.~~160~~. TAX AND ASSESSMENT ABATEMENTS. The district
	356	+	Sec. 3937.159. TAX AND ASSESSMENT ABATEMENTS. The district
367	357		may designate reinvestment zones and may grant abatements of a tax
368	358		or assessment on property in the zones.
369	359		SUBCHAPTER E. TAXES AND BONDS
370	360		Sec. 3937.201. TAX ABATEMENT. The district may enter into a
371	361		tax abatement agreement in accordance with the general laws of this
372	362		state authorizing and applicable to a tax abatement agreement by a
373	363		municipality.
374	364		Sec. 3937.202. PROPERTY TAX AUTHORIZED. (a) The district
375	365		may impose an ad valorem tax on all taxable property in the district
376	366		to:
377	367		(1) pay for an improvement project of the types
378	368		authorized by Section 52(b), Article III, and Section 59, Article
379	369		XVI, Texas Constitution; or
380	370		(2) secure the payment of bonds issued for a purpose
381	371		described by Subdivision (1).
382	372		(b) The district may not impose an ad valorem tax to pay for
383	373		an improvement project under this chapter unless the imposition is
384	374		approved by the voters of the district voting at an election held
385	375		for that purpose. The board may call an election to approve the
386	376		imposition of an ad valorem tax to pay for an improvement project
387	377		under this chapter only if the board receives a petition requesting
388	378		the election signed by:
389	379		(1) more than 51 percent of the record owners of real
390	380		property in the district subject to taxation; or
391	381		(2) owners representing more than 51 percent of the
392	382		appraised value of real property in the district subject to
393	383		taxation, as determined by the tax rolls of the appraisal district.
394	384		Sec. 3937.203. SALES AND USE TAX. (a) The district may
395	385		impose a sales and use tax if authorized by a majority of the voters
396	386		of the district voting at an election called for that purpose.
397	387		Revenue from the tax may be used for any purpose for which ad
398	388		valorem tax revenue of the district may be used.
399	389		(b) The district may not adopt a sales and use tax if as a
400	390		result of the adoption of the tax the combined rate of all sales and
401	391		use taxes imposed by the district and other political subdivisions
402	392		of this state having territory in the district would exceed two
403	393		percent at any location in the district.
404	394		(c) If the voters of the district approve the adoption of
405	395		the tax at an election held on the same election date on which
406	396		another political subdivision adopts a sales and use tax or
407	397		approves an increase in the rate of its sales and use tax and as a
408	398		result the combined rate of all sales and use taxes imposed by the
409	399		district and other political subdivisions of this state having
410	400		territory in the district would exceed two percent at any location
411	401		in the district, the election to adopt a sales and use tax under
412	402		this chapter has no effect.
413	403		Sec. 3937.204. BONDS AND OTHER OBLIGATIONS. (a) The
414	404		district may issue, by public or private sale, bonds, notes, or
415	405		other obligations payable wholly or partly from ad valorem taxes,
416	406		sales and use taxes, or assessments in the manner provided by
417		-	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
418		-	Government Code.
	407	+	Subchapter J, Chapter 375, Local Government Code.
419	408		(b) If the territory of the district is not located in the
420	409		corporate boundaries or extraterritorial jurisdiction of a
421	410		municipality, the district is not required to comply with Section
422	411		375.207, Local Government Code, and may issue a bond or other
423	412		obligation under Subchapter J, Chapter 375, Local Government Code,
424	413		with the written consent of directors, as provided by Section
425	414		375.071, Local Government Code.
426	415		(c) In exercising the district's borrowing power, the
427	416		district may issue a bond or other obligation in the form of a bond,
428	417		note, certificate of participation or other instrument evidencing a
429	418		proportionate interest in payments to be made by the district, or
430	419		other type of obligation.
431	420		(d) In addition to the sources of money described by
432		-	~~Subchapter A, Chapter 372, and~~ Subchapter J, Chapter 375, Local
433		-	~~Government Code, district bonds~~ may be secured and made payable
434		-	~~wholly or partly by a pledge of any~~ part of the money the district
435		-	~~receives from improvement revenue or~~ from any other source.
	421	+	Subchapter J, Chapter 375, Local Government Code, district bonds
	422	+	may be secured and made payable wholly or partly by a pledge of any
	423	+	part of the money the district receives from improvement revenue or
	424	+	from any other source.
436	425		Sec. 3937.205. BOND MATURITY. Bonds may mature not more
437	426		than 40 years from their date of issue.
438	427		Sec. 3937.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
439	428		the time bonds or other obligations payable wholly or partly from ad
440	429		valorem taxes are issued:
441	430		(1) the board shall impose a continuing direct annual
442	431		ad valorem tax for each year that all or part of the bonds are
443	432		outstanding; and
444	433		(2) the district annually shall impose an ad valorem
445	434		tax on all taxable property in the district in an amount sufficient
446	435		to:
447	436		(A) pay the interest on the bonds or other
448	437		obligations as the interest becomes due; and
449	438		(B) create a sinking fund for the payment of the
450	439		principal of the bonds or other obligations when due or the
451	440		redemption price at any earlier required redemption date.
452	441		SUBCHAPTER F. DISSOLUTION
453	442		Sec. 3937.251. DISSOLUTION BY ORDINANCE. (a) A
454	443		municipality that includes territory of the district, in the
455	444		corporate boundaries or extraterritorial jurisdiction of the
456	445		municipality, by ordinance may dissolve the district.
457	446		(b) The municipality may not dissolve the district until the
458	447		district's outstanding debt or contractual obligations that are
459	448		payable from ad valorem taxes have been repaid or discharged, or the
460	449		municipality has affirmatively assumed the obligation to pay the
461	450		outstanding debt from municipal revenue.
462	451		Sec. 3937.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
463	452		(a) If the dissolved district has bonds or other obligations
464	453		outstanding secured by and payable from assessments or other
465	454		revenue, other than ad valorem taxes, the municipality that
466	455		dissolves the district shall succeed to the rights and obligations
467	456		of the district regarding enforcement and collection of the
468	457		assessments or other revenue.
469	458		(b) The municipality shall have and exercise all district
470	459		powers to enforce and collect the assessments or other revenue to
471	460		pay:
472	461		(1) the bonds or other obligations when due and
473	462		payable according to their terms; or
474	463		(2) special revenue or assessment bonds or other
475	464		obligations issued by the municipality to refund the outstanding
476	465		bonds or obligations.
477	466		Sec. 3937.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
478	467		If a municipality dissolves the district, the municipality assumes,
479	468		subject to the appropriation and availability of funds, the
480	469		obligations of the district, including any bonds or other debt
481	470		payable from assessments or other district revenue.
482	471		(b) If a municipality dissolves the district, the board
483	472		shall transfer ownership of all district property to the
484	473		municipality.
485	474		SECTION 2. The East Waller County Management District
486	475		initially includes all the territory contained in the following
487	476		area:
488	477		Tract 1 is +/- 628 acres within the H. & T.C.R.R.CO. Survey Abstract
489	478		(No. 173 Sec. 113) and situated northeast of intersection of
490	479		Farm-to-Market Road 529 (Freeman Road) and FM Road 2855 North
491	480		(Morrison Road) in southeast Waller County with point of beginning
492	481		being northwest corner of 10 acre tract (ABS A317300 A-173 H & T C R
493	482		R CO TRACT 2) and east Right-Of-Way (ROW) of FM Road 2855 North
494	483		(Morrison Road);
495	484		Then north along east ROW of FM Road 2855 North (Morrison Road) and
496	485		west boundary of +/-628 tract (ABS A317300 A-173 H & T C R R CO TRACT
497	486		1 ACRES 627.979 P/O 628.479 AC) to northwest corner of said tract;
498	487		Then east along north boundary of said +/- 628 acre tract to
499	488		northeast corner of said tract;
500	489		Then south along east boundary of said +/- 628 tract to southeast
501	490		corner of said tract and north ROW of FM 529 (Freeman Road);
502	491		Then west along south boundary of said +/- 628 acre tract and north
503	492		ROW of FM 529 (Freeman Road) to corner of said tract and southeast
504	493		corner of 10 acre tract (ABS A317300 A-173 H & T C R R CO TRACT 2);
505	494		Then north along east boundary of said 10 acre tract to northeast
506	495		corner of said tract;
507	496		Then west along north boundary of said 10 acre tract to northwest
508	497		corner of said tract and east ROW of FM Road 2855 North (Morrison
509	498		Road) and point of beginning of +/-628 acre tract;
510	499		SECTION 3. (a) The legal notice of the intention to
511	500		introduce this Act, setting forth the general substance of this
512	501		Act, has been published as provided by law, and the notice and a
513	502		copy of this Act have been furnished to all persons, agencies,
514	503		officials, or entities to which they are required to be furnished
515	504		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
516	505		Government Code.
517	506		(b) The governor, one of the required recipients, has
518	507		submitted the notice and Act to the Texas Commission on
519	508		Environmental Quality.
520	509		(c) The Texas Commission on Environmental Quality has filed
521	510		its recommendations relating to this Act with the governor,
522	511		lieutenant governor, and speaker of the house of representatives
523	512		within the required time.
524	513		(d) The general law relating to consent by political
525	514		subdivisions to the creation of districts with conservation,
526	515		reclamation, and road powers and the inclusion of land in those
527	516		districts has been complied with.
528	517		(e) All requirements of the constitution and laws of this
529	518		state and the rules and procedures of the legislature with respect
530	519		to the notice, introduction, and passage of this Act have been
531	520		fulfilled and accomplished.
532	521		SECTION 4. This Act takes effect immediately if it receives
533	522		a vote of two-thirds of all the members elected to each house, as
534	523		provided by Section 39, Article III, Texas Constitution. If this
535	524		Act does not receive the vote necessary for immediate effect, this
536	525		Act takes effect September 1, 2015.
	526	+	______________________________ ______________________________
	527	+	President of the Senate Speaker of the House
	528	+	I certify that H.B. No. 4158 was passed by the House on May
	529	+	19, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not
	530	+	voting; and that the House concurred in Senate amendments to H.B.
	531	+	No. 4158 on May 28, 2015, by the following vote: Yeas 142, Nays 1,
	532	+	2 present, not voting.
	533	+	______________________________
	534	+	Chief Clerk of the House
	535	+	I certify that H.B. No. 4158 was passed by the Senate, with
	536	+	amendments, on May 26, 2015, by the following vote: Yeas 30, Nays
	537	+	1.
	538	+	______________________________
	539	+	Secretary of the Senate
	540	+	APPROVED: __________________
	541	+	Date
	542	+	__________________
	543	+	Governor
537	544
538	545		Pos. No. Name of Director
539	546
540	547		1 Kelly Moore
541	548
542	549		2 Frank Heuszel
543	550
544	551		3 Jeff Gobles
545	552
546	553		4 Elli Hinson
547	554
548	555		5 Bob Malquest