Texas 2015 - 84th Regular

Texas House Bill HB4166 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R25108 JXC-D
2	2	By: Schofield H.B. No. 4166
3	3	Substitute the following for H.B. No. 4166:
4	4	By: Fallon C.S.H.B. No. 4166
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers and duties and composition of the board of
10	10	directors of the Bridgeland Management District.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 3901.002, Special District Local Laws
13	13	Code, is amended to read as follows:
14	14	Sec. 3901.002. CREATION AND NATURE OF DISTRICT;
15	15	IMMUNITY. (a) The district is a special district created under
16	16	Section 59, Article XVI, Texas Constitution.
17	17	(b) The district is a governmental unit, as provided by
18	18	Section 375.004, Local Government Code.
19	19	(c) This chapter does not waive any governmental or
20	20	sovereign immunity from suit, liability, or judgment that would
21	21	otherwise apply to the district.
22	22	SECTION 2. Section 3901.006(d), Special District Local Laws
23	23	Code, is amended to read as follows:
24	24	(d) The district will:
25	25	(1) promote the health, safety, and general welfare of
26	26	residents, employers, potential employees, employees, visitors,
27	27	and consumers in the district, and of the public;
28	28	(2) provide needed funding for the district to
29	29	preserve, maintain, and enhance the economic health and vitality of
30	30	the district territory as a community and business center; and
31	31	(3) promote the health, safety, welfare, and enjoyment
32	32	of the public by providing pedestrian ways, road facilities,
33	33	transit facilities, parking facilities, conduit facilities and
34	34	other enhanced infrastructure, recreational facilities, and public
35	35	art objects and by landscaping and developing certain areas, which
36	36	are necessary for the restoration, preservation, and enhancement of
37	37	scenic beauty.
38	38	SECTION 3. Section 3901.008, Special District Local Laws
39	39	Code, is amended to read as follows:
40	40	Sec. 3901.008. ELIGIBILITY FOR INCLUSION IN SPECIAL
41	41	ZONES. All or any part of the area of the district is eligible to
42	42	be included in one or more of the following:
43	43	(1) a tax increment reinvestment zone created under
44	44	Chapter 311, Tax Code;
45	45	(2) a tax abatement reinvestment zone created under
46	46	Chapter 312, Tax Code;
47	47	(3) an enterprise zone created under Chapter 2303,
48	48	Government Code; or
49	49	(4) an industrial district created under Chapter 42,
50	50	Local Government Code.
51	51	SECTION 4. Section 3901.011, Special District Local Laws
52	52	Code, is amended to read as follows:
53	53	Sec. 3901.011. CONFLICTS OF LAW. This chapter prevails
54	54	over any provision of general law, including a provision of Chapter
55	55	375, Local Government Code, or Chapter 49, Water Code, that is in
56	56	conflict or inconsistent with this chapter.
57	57	SECTION 5. Subchapter B, Chapter 3901, Special District
58	58	Local Laws Code, is amended by adding Section 3901.054 to read as
59	59	follows:
60	60	Sec. 3901.054. DISQUALIFICATION OF DIRECTORS. Section
61	61	49.052, Water Code, applies to the members of the board of the
62	62	district.
63	63	SECTION 6. Section 3901.103, Special District Local Laws
64	64	Code, is amended to read as follows:
65	65	Sec. 3901.103. RECREATIONAL FACILITIES. The district may
66	66	develop or finance recreational facilities as authorized by Chapter
67	67	375, Local Government Code, Sections 52 and 52-a, Article III,
68	68	Texas Constitution, Section 59, Article XVI, Texas Constitution,
69	69	and any other law that applies to the district.
70	70	SECTION 7. Section 3901.104, Special District Local Laws
71	71	Code, is amended to read as follows:
72	72	Sec. 3901.104. AUTHORITY FOR ROAD PROJECTS. Under Section
73	73	52, Article III, Texas Constitution, the district may own, operate,
74	74	maintain, design, acquire, construct, finance, issue bonds, notes,
75	75	or other obligations for, improve, and convey to this state, a
76	76	county, or a municipality, for ownership, operation, and
77	77	maintenance, macadamized, graveled, or paved roads or
78	78	improvements, including storm drainage, in aid of those roads.
79	79	SECTION 8. Sections 3901.105(a) and (b), Special District
80	80	Local Laws Code, are amended to read as follows:
81	81	(a) The district may [shall] convey a road project
82	82	authorized by Section 3901.104 to:
83	83	(1) a [the] municipality or county that will operate
84	84	and maintain the road if the municipality or county has approved the
85	85	plans and specifications of the road project; or
86	86	(2) the state if the state will operate and maintain
87	87	the road and the Texas Transportation Commission has approved the
88	88	plans and specifications of the road project.
89	89	(b) Except as provided by Subsection (c), the district shall
90	90	operate and maintain a road project authorized by Section 3901.104
91	91	that the district implements and does [is] not convey to [approved
92	92	by] a municipality, a county, or this state under Subsection (a).
93	93	SECTION 9. Section 3901.109, Special District Local Laws
94	94	Code, is amended to read as follows:
95	95	Sec. 3901.109. LAW ENFORCEMENT SERVICES. Section 49.216,
96	96	Water Code, applies to the district [To protect the public
97	97	interest, the district may contract with a qualified party,
98	98	including the county or the city, to provide law enforcement
99	99	services in the district].
100	100	SECTION 10. Section 3901.114, Special District Local Laws
101	101	Code, is amended by amending Subsection (c) and adding Subsections
102	102	(d) and (e) to read as follows:
103	103	(c) The district may include and exclude land as provided by
104	104	Sections 54.739-54.747, Water Code. A reference in those sections
105	105	to a "tax" means an ad valorem tax for the purposes of this
106	106	subsection.
107	107	(d) If the district adopts a sales and use tax authorized at
108	108	an election held under Section 3901.252 and subsequently includes
109	109	new territory in the district under this section, the district:
110	110	(1) is not required to hold another election to
111	111	approve the imposition of the sales and use tax in the included
112	112	territory; and
113	113	(2) shall impose the sales and use tax in the included
114	114	territory as provided by Chapter 321, Tax Code.
115	115	(e) If the district adopts a sales and use tax authorized at
116	116	an election held under Section 3901.252 and subsequently excludes
117	117	territory in the district under this section, the sales and use tax
118	118	is inapplicable to the excluded territory, as provided by Chapter
119	119	321, Tax Code.
120	120	SECTION 11. Section 3901.153, Special District Local Laws
121	121	Code, is amended to read as follows:
122	122	Sec. 3901.153. RULES. In addition to rules and regulations
123	123	adopted under the district's general rulemaking authority in
124	124	Section 375.096(c), Local Government Code, the [The] district may
125	125	adopt and enforce rules covering its public transit system or its
126	126	public parking facilities, except that a rule relating to or
127	127	affecting the use of the public right-of-way or a requirement for
128	128	off-street parking is subject to all applicable county
129	129	requirements.
130	130	SECTION 12. Subchapter C-1, Chapter 3901, Special District
131	131	Local Laws Code, is amended by adding Section 3901.156 to read as
132	132	follows:
133	133	Sec. 3901.156. MASS TRANSIT SYSTEMS. This subchapter does
134	134	not limit the authority of the district to provide mass transit
135	135	systems under Chapter 375, Local Government Code.
136	136	SECTION 13. Chapter 3901, Special District Local Laws Code,
137	137	is amended by adding Subchapter C-2 to read as follows:
138	138	SUBCHAPTER C-2. CONDUIT FACILITIES
139	139	Sec. 3901.171. CONDUIT FACILITIES. (a) The district may
140	140	finance, acquire, construct, improve, operate, maintain, or charge
141	141	a fee for the use of conduits for:
142	142	(1) fiber-optic cable and supporting facilities;
143	143	(2) electronic transmission and distribution lines
144	144	and supporting facilities; or
145	145	(3) other types of transmission and distribution lines
146	146	and supporting facilities.
147	147	(b) The district may not require a person to use a district
148	148	conduit for a purpose described by Subsection (a)(1) or another
149	149	telecommunications purpose.
150	150	SECTION 14. Section 3901.204(a), Special District Local
151	151	Laws Code, is amended to read as follows:
152	152	(a) The board by resolution may impose and collect an
153	153	assessment for any purpose authorized by this chapter in all or any
154	154	part of the district regardless of whether the part of the district
155	155	where the assessment is to be imposed is subject to an assessment
156	156	previously imposed by the board.
157	157	SECTION 15. Subchapter D, Chapter 3901, Special District
158	158	Local Laws Code, is amended by adding Section 3901.209 to read as
159	159	follows:
160	160	Sec. 3901.209. AUDIT EXEMPTION. (a) The district may elect
161	161	to complete an annual financial report in lieu of an annual audit
162	162	under Section 375.096(a)(6), Local Government Code, if:
163	163	(1) the district had no bonds or other long-term (more
164	164	than one year) liabilities outstanding during the fiscal period;
165	165	(2) the district did not have gross receipts from
166	166	operations, loans, taxes, assessments, or contributions in excess
167	167	of $250,000 during the fiscal period; and
168	168	(3) the district's cash and temporary investments were
169	169	not in excess of $250,000 during the fiscal period.
170	170	(b) Each annual financial report prepared in accordance
171	171	with this section must be open to public inspection and accompanied
172	172	by an affidavit signed by a duly authorized representative of the
173	173	district attesting to the accuracy and authenticity of the
174	174	financial report.
175	175	(c) The annual financial report and affidavit shall be
176	176	substantially similar in form to the annual financial report and
177	177	affidavit forms prescribed by the executive director of the Texas
178	178	Commission on Environmental Quality under Section 49.198, Water
179	179	Code.
180	180	SECTION 16. The change in law made by Section 3901.054,
181	181	Special District Local Laws Code, as added by this Act, does not
182	182	affect the entitlement of a member serving on the board of directors
183	183	of the Bridgeland Management District immediately before the
184	184	effective date of this Act to continue to carry out the board's
185	185	functions for the remainder of the member's term. The change in law
186	186	applies only to a member elected on or after the effective date of
187	187	this Act.
188	188	SECTION 17. (a) The legal notice of the intention to
189	189	introduce this Act, setting forth the general substance of this
190	190	Act, has been published as provided by law, and the notice and a
191	191	copy of this Act have been furnished to all persons, agencies,
192	192	officials, or entities to which they are required to be furnished
193	193	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
194	194	Government Code.
195	195	(b) The governor, one of the required recipients, has
196	196	submitted the notice and Act to the Texas Commission on
197	197	Environmental Quality.
198	198	(c) The Texas Commission on Environmental Quality has filed
199	199	its recommendations relating to this Act with the governor, the
200	200	lieutenant governor, and the speaker of the house of
201	201	representatives within the required time.
202	202	(d) All requirements of the constitution and laws of this
203	203	state and the rules and procedures of the legislature with respect
204	204	to the notice, introduction, and passage of this Act are fulfilled
205	205	and accomplished.
206	206	SECTION 18. This Act takes effect immediately if it
207	207	receives a vote of two-thirds of all the members elected to each
208	208	house, as provided by Section 39, Article III, Texas Constitution.
209	209	If this Act does not receive the vote necessary for immediate
210	210	effect, this Act takes effect September 1, 2015.