Texas 2015 - 84th Regular

Texas Senate Bill SB1691 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	By: Ellis S.B. No. 1691
2	2	(In the Senate - Filed March 13, 2015; March 23, 2015, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 12, 2015, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 4, Nays 2;
6	6	May 12, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1691 By: Lucio
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the territory included in, the composition of the board
14	14	of directors of, and the method of assessment of the Harris County
15	15	Improvement District No. 10 and to clarifying the law to reflect
16	16	the prior division of the district.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. The heading to Chapter 3860, Special District
19	19	Local Laws Code, is amended to read as follows:
20	20	CHAPTER 3860. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 10 AND FIVE
21	21	CORNERS IMPROVEMENT DISTRICT
22	22	SECTION 2. Section 3860.001(2), Special District Local Laws
23	23	Code, is amended to read as follows:
24	24	(2) "District" means the Harris County Improvement
25	25	District No. 10 or the Five Corners Improvement District, as
26	26	appropriate.
27	27	SECTION 3. Section 3860.111, Special District Local Laws
28	28	Code, is amended to read as follows:
29	29	Sec. 3860.111. DIVISION OF DISTRICT. (a) As provided by
30	30	Chapter 968, Acts of the 80th Legislature, Regular Session, 2007,
31	31	and Chapter 1091, Acts of the 81st Legislature, Regular Session,
32	32	2009, the district was divided into the Harris County Improvement
33	33	District No. 10 and the Five Corners Improvement District [The
34	34	district shall be divided into two districts only if the district is
35	35	not imposing ad valorem taxes].
36	36	(b) The Harris County Improvement District No. 10 [Not
37	37	later than the 60th day after the effective date of the Act creating
38	38	this chapter, the board shall adopt an order dividing the district
39	39	into two districts. The original district] includes all district
40	40	territory not included in the Five Corners Improvement District
41	41	[new district].
42	42	(c) The Five Corners Improvement District [new district]
43	43	includes:
44	44	(1) all the territory included in state representative
45	45	district 131 on the date the order of division was [is] effective;
46	46	(2) territory added to the district by Chapter 1091,
47	47	Acts of the 81st Legislature, Regular Session, 2009; and
48	48	(3) any territory added by other law.
49	49	(d) Notwithstanding Section 3860.051(a), [Neither district
50	50	may request consent to its creation from the City of Houston until
51	51	the order dividing the district is adopted.
52	52	[(c) After the division of the district:
53	53	[(1)] the Harris County Improvement District No. 10
54	54	[original district] is governed by a board of nine [seven] voting
55	55	directors [consisting of the directors appointed to positions 8
56	56	through 14;] and
57	57	[(2)] the Five Corners Improvement District [new
58	58	district] is governed by a board of nine [seven] voting directors
59	59	[consisting of the directors appointed to positions one through
60	60	seven of the original district].
61	61	[(d) An order dividing the district must:
62	62	[(1) name the new district;
63	63	[(2) describe the boundaries of the new district;
64	64	[(3) name the initial directors of the new district;
65	65	and
66	66	[(4) divide the assets and liabilities in any manner
67	67	between the new district and the original district.]
68	68	(e) [Not later than the 10th day after the date the board
69	69	adopts the order, the district shall file the order with the Texas
70	70	Commission on Environmental Quality and record the order in the
71	71	real property records of Harris County.
72	72	[(f)] The Harris County Improvement District No. 10 and the
73	73	Five Corners Improvement District have [new district has] all the
74	74	powers and duties of the district created by Chapter 968, Acts of
75	75	the 80th Legislature, Regular Session, 2007, and any applicable
76	76	subsequently enacted law.
77	77	SECTION 4. Chapter 3860, Special District Local Laws Code,
78	78	is amended by adding Subchapter E-1 to read as follows:
79	79	SUBCHAPTER E-1. FINANCIAL PROVISIONS FOR HARRIS COUNTY
80	80	IMPROVEMENT DISTRICT NO. 10
81	81	Sec. 3860.221. APPLICABILITY. This subchapter applies to
82	82	the Harris County Improvement District No. 10. This subchapter
83	83	does not apply to the Five Corners Improvement District.
84	84	Sec. 3860.222. 10-YEAR PLAN. (a) If the board adopts an
85	85	order under Section 375.116, Local Government Code, before January
86	86	1, 2017, that grants a petition for improvement projects or
87	87	services financed through a 10-year assessment period, the board
88	88	shall create a 10-year plan for the management of the project or
89	89	service and assessments.
90	90	(b) The board shall include in an order that levies
91	91	assessments described by Subsection (a):
92	92	(1) the amount of annual installments during the
93	93	10-year assessment period; and
94	94	(2) penalties and interest the district may collect on
95	95	delinquent assessments.
96	96	Sec. 3860.223. ASSESSMENT DISTRIBUTION. To provide
97	97	sufficient funds for projects and programs dedicated to public
98	98	improvements in preparation for the 2017 Super Bowl, a 10-year plan
99	99	adopted under Section 3860.222 must provide that:
100	100	(1) of the levy from the first 5 years of the 10-year
101	101	assessment period:
102	102	(A) 60 percent shall be apportioned to fund
103	103	services and improvements in the territory added to the Harris
104	104	County Improvement District No. 10 after March 1, 2015; and
105	105	(B) 40 percent shall be apportioned to fund
106	106	services and improvements in the territory of the Harris County
107	107	Improvement District No. 10 that existed on March 1, 2015; and
108	108	(2) of the levy from the last 5 years of the 10-year
109	109	assessment period:
110	110	(A) 60 percent shall be apportioned to fund
111	111	services and improvements in the territory of the Harris County
112	112	Improvement District No. 10 that existed on March 1, 2015; and
113	113	(B) 40 percent shall be apportioned to fund
114	114	services and improvements in the territory added to the Harris
115	115	County Improvement District No. 10 after March 1, 2015.
116	116	SECTION 5. (a) The change in law made to Section
117	117	3860.111(c)(2), Special District Local Laws Code, by this Act
118	118	conforms the law relating to the number of directors serving on the
119	119	board of the Five Corners Improvement District to reflect the
120	120	number of directors serving on the effective date of this Act. This
121	121	Act does not otherwise affect that board.
122	122	(b) The terms of the members of the board of the Harris
123	123	County Improvement District No. 10 serving on the effective date of
124	124	this Act who were appointed under Chapter 3860, Special District
125	125	Local Laws Code, before the effective date of this Act expire on the
126	126	effective date of this Act. On the effective date of this Act, the
127	127	board of directors of the Harris County Improvement District No. 10
128	128	is composed of the following directors:
129	129	(1) E. D. Wulfe
130	130	(2) Leroy Shafer
131	131	(3) Camille Foster
132	132	(4) Rodney Jones
133	133	(5) Brandon Dudley
134	134	(6) J. Kent Friedman
135	135	(7) Willie Belle Boone
136	136	(8) John Modest
137	137	(9) Kevin Hoffman
138	138	(c) The terms of the directors in positions (b)(2), (4),
139	139	(6), and (8) of this section expire June 1, 2017.
140	140	(d) The terms of the directors in positions (b)(1), (3),
141	141	(5), (7), and (9) of this section expire June 1, 2019.
142	142	(e) The mayor and members of the governing body of the City
143	143	of Houston shall appoint successor directors as provided by Section
144	144	375.064, Local Government Code, and Section 3860.052, Special
145	145	District Local Laws Code.
146	146	SECTION 6. The following territory in Harris County is
147	147	added to the territory of the Harris County Improvement District
148	148	No. 10:
149	149	Tract is +/- 2,058 acres (3.21 sq. miles) and beginning at a
150	150	point where the south right-of-way (ROW) of El Paseo St. and east
151	151	ROW of Cambridge St. intersect then south southwest along the east
152	152	ROW of Cambridge St. to north ROW of Holly Hall St.;
153	153	Then east along north ROW of Holly Hall St. to the ROW
154	154	centerline of FM 521/Almeda Rd.;
155	155	Then south southwest along the ROW centerline of FM
156	156	521/Almeda Rd. to northwest corner of Harris County Improvement
157	157	District (HCID) 10 A;
158	158	Then south southwest along the west boundary of HCID No. 10 A
159	159	and ROW centerline of FM 521/Almeda Rd. to south ROW of Holmes Rd.;
160	160	Then west southwest along south ROW of Holmes Rd. to a point
161	161	due south of southwest corner of 12.5087 acre tract (CORPORATE
162	162	CENTRE KIRBY RES A4 BLK 1);
163	163	Then north across ROW of Holmes Rd. and ABST 179 BBB&C RR CO
164	164	TR R60, and along west boundaries of said 12.5087 acre tract, and
165	165	9.766 acre tract (CORPORATE CENTRE KIRBY RES A2 BLK 1) to northwest
166	166	corner of said 9.766 acre tract and south boundary of 8 acre tract
167	167	(ABST 179 BBB&C RR CO TRS 3 THRU 10 IN TR 8);
168	168	Then west along south boundaries of said 8 acre tract, and 1
169	169	acre tract (ABST 179 BBB&C RR CO TR 1 IN TR 8) to southwest corner of
170	170	said 1 acre tract and west boundary of 15.47 acre tract (MOORINGS
171	171	APTS R/P RESERVE BLK 1);
172	172	Then south along east boundary of said 15.47 acre tract to
173	173	southeast corner of said tract;
174	174	Then west along south boundary of said 15.47 acre tract
175	175	across ROW of Lakes at 610 Dr. to west ROW of Lakes at 610 Dr.;
176	176	Then generally north along west ROW of Lakes at 610 Dr. to
177	177	southeast corner of 7.0721 acre tract (LAKES AT 610 SEC 2 RES E);
178	178	Then west along south boundary of 7.0721 acre tract to
179	179	southwest corner of said tract;
180	180	Then north along west boundary of said 7.0721 acre tract to
181	181	south ROW of W. Bellfort St.;
182	182	Then generally west along south ROW of W. Bellfort St. to
183	183	east ROW of S. Main St./US 90 Hwy;
184	184	Then southwest along east ROW of S. Main St./US 90 Hwy. to
185	185	north corner of 0.2167 acre tract (MAINVIEW 14 BLK 4 TRS 1 & 14B ADJ
186	186	15X79 FT OF LT);
187	187	Then southeast along east boundary of said 0.2167 acre tract
188	188	to east corner of said tract;
189	189	Then southwest along south boundary of said 0.2167 acre
190	190	tract, and 0.1123 acre tract (MAINVIEW TRS 2 & 14A BLK 4) to south
191	191	corner of said 0.1123 acre tract and coincident north corner of
192	192	0.4131 acre tract (MAINVIEW TRS 11A 12 13 13C & 14D BLK 4);
193	193	Then southeast along east boundary of said 0.4131 acre tract
194	194	to east corner of said tract;
195	195	Then southwest along south boundary of said 0.4131 acre
196	196	tract, and 1.3895 acre tract (MAINVIEW BLK 4 LTS 5 6 8 9 & 10 & TRS 7B &
197	197	11) to west ROW of Clearview St.;
198	198	Then northwest along west ROW of Clearview St. to east ROW of
199	199	S. Main St./US 90 Hwy;
200	200	Then southwest along east ROW of S. Main St./US 90 Hwy. to
201	201	northeast corner of 6.6694 acre tract (ABST 173 BBB&CRR CO TRS 19 &
202	202	20);
203	203	Then south along east boundary of said 6.6694 acre tract to
204	204	southeast corner of said tract;
205	205	Then northeast along north ROW/easement of Old Main Street
206	206	Loop Rd. to a point north of 6.6537 acre parcel (R HASSELL
207	207	PROPERTIES RES A1 BLK 1);
208	208	Then south across ROW/easement of Old Main Street Loop Rd.
209	209	and along east boundary of said 6.6537 acre parcel, and coincident
210	210	boundary line of HCID 12 to ROW centerline of Willowbend Blvd.;
211	211	Then generally west along ROW centerline of Willowbend Blvd.
212	212	to west ROW of Stella Link Rd;
213	213	Then north along west ROW of Stella Link Rd. to north ROW of
214	214	Woodfin St.;
215	215	Then east along north ROW of Woodfin St. to centerline of
216	216	Stella Link Rd. ROW;
217	217	Then north along centerline of Stella Link Rd. ROW to
218	218	centerline ROW of Interstate 610 (So. Loop Fwy. W.);
219	219	Then generally east along ROW centerline of Interstate 610
220	220	(So. Loop Fwy. W.) to ROW centerline of S. Main St;
221	221	Then northeast along ROW centerline of S. Main St. to south
222	222	bank of Brays Bayou;
223	223	Then east and northeast along south bank of Brays Bayou to ROW
224	224	centerline of Fannin St. and coincident boundary of Greater
225	225	Southeast Management District;
226	226	Then south along ROW centerline of Fannin St. and coincident
227	227	boundary of Greater Southeast Management District to south ROW of
228	228	Old Spanish Trail/US 90 Alternate Hwy.;
229	229	Then west southwest along south ROW of Old Spanish Trail/US
230	230	90A Hwy. to east ROW of Greenbriar Dr.;
231	231	Then south and east along east ROW of Greenbriar Dr. and
232	232	across Fannin St. to east ROW of Fannin St. and coincident
233	233	northwest corner of 3.2334 acre parcel (HOMESTEAD
234	234	VILLAGE-ASTRODOME RES A BLK 1);
235	235	Then east along north boundary of said 3.2334 acre parcel and
236	236	3.6393 acre parcel (ASTRODOME OAKS SEC 1 R/P RES A) to west ROW of
237	237	Knight Rd. and coincident boundary of Greater Southeast Management
238	238	District;
239	239	Then south along west ROW of Knight Rd. and coincident
240	240	boundary of Greater Southeast Management District to south ROW of
241	241	El Paseo St;
242	242	Then east along south ROW of El Paseo St. and coincident
243	243	boundary of Greater Southeast Management District to east ROW of
244	244	Cambridge St. and point of beginning of +/- 2,058 acre tract.
245	245	Save and Except Harris County Improvement District No. 8;
246	246	Save and Except RES A BLK 1 SAMUELS DODGE AT SOUTH LOOP W;
247	247	Save and Except TR 1L ABST 874 J WALTERS;
248	248	Save and Except RES A BLK 1 MIKE CALVERT TOYOTA;
249	249	Save and Except TR 30E & ABANDED ROW PARCEL 596-081 ABST 887 J
250	250	HAMILTON;
251	251	Save and Except LOTS 1-24 BLK 1 BUFFALO SPEEDWAY;
252	252	Save and Except RES A, B & C BLK 1 BUFFALO SPEEDWAY;
253	253	Save and Except PERMANENT ACCESS ESMT BUFFALO SPEEDWAY BLK 1
254	254	BUFFALO SPEEDWAY;
255	255	Save and Except PT RES B BLK 1(POLLUTION CONTROL) (DETENTION
256	256	POND) R & S PARK;
257	257	Save and Except PT RES B BLK 1(PC*1200210010003) R & S PARK;
258	258	Save and Except +/-9.7 acre tract located at southwest corner
259	259	of intersection of Westridge St. and Hearth Dr. with beginning
260	260	point at south ROW of Westridge St. and west ROW of Hearth Dr.;
261	261	Then south along west ROW of Hearth Dr. to north ROW of S.
262	262	Bartell Dr.;
263	263	Then west along north ROW of S. Bartell Dr. to east ROW of W.
264	264	Bartell Dr.;
265	265	Then north along east ROW of W. Bartell Dr. to south ROW of
266	266	Westridge St.;
267	267	Then east along south ROW of Westridge St. to west ROW of
268	268	Hearth Dr. and beginning point of +/- 9.7 acre tract;
269	269	Save and Except HEARTHWOOD CONDO SEC 1;
270	270	Save and Except BLDG 1-8 CITY PLAZA CONDO;
271	271	Save and Except BRAESWOOD PARK CONDO;
272	272	Save and Except THE BRAESWOOD CONDO;
273	273	Save and Except BRIAR GREEN CONDO PH 1-2;
274	274	Save and Except THE VALENCIA CONDO;
275	275	Save and Except LOTS 1-19 BLK 1 NAOMI PLACE SEC 2;
276	276	Save and Except LOTS 1-5 BLK 1 NAOMI PLACE SEC 3;
277	277	Save and Except LOTS 1-12 BLK 1 NAOMI PLACE;
278	278	Save and Except LOTS 1-5 BLK 1 NAOMI PLACE SEC 4 PAR RP AMEND;
279	279	Save and Except LOTS 1-7 BLK 1 NAOMI PLACE SEC 4 R/P AMEND;
280	280	Save and Except LOTS 1-12 BLK 2 NAOMI PLACE SEC 4 R/P AMEND;
281	281	Save and Except LOTS 1-12 BLK 1 NAOMI AVENUE PLACE;
282	282	Save and Except LOT 1 BLK 39 KNIGHTS MAIN STREET;
283	283	Save and Except LOTS 1 and 6 BLK 40 KNIGHTS MAIN STREET;
284	284	Save and Except TR 1 BLK 17 KNIGHTS MAIN STREET;
285	285	Save and Except CONTEMPORARY PLAZA SEC 3;
286	286	Save and Except CONTEMPORARY PLAZA SEC 4;
287	287	Save and Except CONTEMPORARY PLAZA SEC 5;
288	288	Save and Except CONTEMPORARY PLAZA SEC 6;
289	289	Save and Except CONTEMPORARY PLAZA SEC 7 AMEND;
290	290	Save and Except CONTEMPORARY PLAZA SEC 8;
291	291	Save and Except CONTEMPORARY PLAZA SEC 8 & PAR R/P;
292	292	Save and Except CONTEMPORARY PLAZA T/H CONDO AMEND;
293	293	Save and Except BLK 1-6 CONTEMPORARY MAIN SEC 1;
294	294	Save and Except PERMANENT ACCESS ESMNTS CONTEMPORARY MAIN SEC
295	295	1;
296	296	Save and Except RES A BLK 1 (OPEN SPACE) CONTEMPORARY MAIN SEC
297	297	1;
298	298	Save and Except RES B BLK 2 (OPEN SPACE) CONTEMPORARY MAIN SEC
299	299	1;
300	300	Save and Except RES C BLK 3 (OPEN SPACE) CONTEMPORARY MAIN SEC
301	301	1;
302	302	Save and Except RES D BLK 4 (OPEN SPACE) CONTEMPORARY MAIN SEC
303	303	1;
304	304	Save and Except RES E BLK 5 (OPEN SPACE) CONTEMPORARY MAIN SEC
305	305	1;
306	306	Save and Except RES F BLK 6 (OPEN SPACE) CONTEMPORARY MAIN SEC
307	307	1;
308	308	Save and Except RES G BLK 6 CONTEMPORARY MAIN SEC 1;
309	309	Save and Except LT 1-6 BLK 1 CHEQUERS COURT;
310	310	Save and Except RES A BLK 1 (OPEN SPACE) CHEQUERS COURT;
311	311	Save and Except ROW-PRIVATE ACCESS CHEQUERS COURT;
312	312	Save and Except LT 1-12 BLK 1 KINGSGATE;
313	313	Save and Except RES A-E BLK 1 (OPEN SPACE) KINGSGATE;
314	314	Save and Except ROW-PRIVATE ACCESS EASEMENTS KINGSGATE;
315	315	Save and Except LT 1-12 BLK 1 CONTEMPORARY PLAZA SEC 1;
316	316	Save and Except RES A-D BLK 1 (OPEN SPACE) CONTEMPORARY PLAZA
317	317	SEC 1;
318	318	Save and Except LT 1-9 BLK 2 CONTEMPORARY PLAZA SEC 1;
319	319	Save and Except RES A-D BLK 2 (OPEN SPACE) CONTEMPORARY PLAZA
320	320	SEC 1;
321	321	Save and Except CONTEMPORARY PLAZA 2 AMEND 1;
322	322	Save and Except BLK 1 SILVERSTON PLAZA;
323	323	Save and Except CONTEMPORARY PLAZA SEC 9 R/P;
324	324	Save and Except ABST 645 P W ROSE TR 34;
325	325	Save and Except LT 1-6 BLK 1 SUMMA T/H;
326	326	Save and Except ROW - PRIVATE ACCESS EASEMENT SUMMA T/H;
327	327	Save and Except RES A BLK 1 (OPEN SPACE) SUMMA T/H;
328	328	Save and Except ROW-PRIVATE ACCESS EASEMENTS CONTEMPORARY
329	329	PLAZA SEC 1;
330	330	Save and Except WOODSIDE PLAZA SEC 5 LT 7 BLK 7 (IMPS ONLY)
331	331	(POLLUTION CONTROL) (MAIN ACCT*0951920000007);
332	332	Save and Except WOODSIDE PLAZA SEC 5 LT 7 BLK 7 (PC
333	333	IMPS*0951920000110);
334	334	Save and Except MAINVIEW LT 4 & TRS 11B & 12A ADJ 80X45 FT OF
335	335	LTS 11 & 12 BLK 4;
336	336	Save and Except MEDCENTER PARK RES A, B and C BLK 1;
337	337	Save and Except MEDCENTER PARK RES A BLK 2;
338	338	Save and Except MEDCENTER PARK II RES A BLK 1;
339	339	Save and Except ABST 645 P W ROSE TR 4A;
340	340	Save and Except SOUTH POINT BUSINESS PARK SEC 2 RES J;
341	341	Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES D2, RES D3
342	342	and RES E;
343	343	SECTION 7. This Act takes effect immediately if it receives
344	344	a vote of two-thirds of all the members elected to each house, as
345	345	provided by Section 39, Article III, Texas Constitution. If this
346	346	Act does not receive the vote necessary for immediate effect, this
347	347	Act takes effect September 1, 2015.
348	348	* * * * *