Texas 2015 - 84th Regular

Texas Senate Bill SB2018 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6757 JXC-F
2	2	By: Creighton S.B. No. 2018
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers, operations, and boundaries of The Woodlands
8	8	Township; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5(b), Chapter 289, Acts of the 73rd
11	11	Legislature, Regular Session, 1993, is amended to read as follows:
12	12	(b) The legislature finds that the creation of the district
13	13	is essential to further the public purposes of the economic
14	14	development and diversification of the state, the elimination of
15	15	unemployment and underemployment, and the stimulation and
16	16	development of transportation and commerce; that it is in the
17	17	public interest; and that it will promote the health, safety, and
18	18	general welfare of residents, employers, employees, and consumers
19	19	in the district and of the general public. The provision by the
20	20	district of pedestrian facilities and systems, and transportation
21	21	facilities and systems that include motor vehicle, rail, trolley,
22	22	bus, bicycle, or waterborne vessel transportation, is a public
23	23	purpose. The present and prospective traffic congestion in the
24	24	district and the safety of pedestrians and the limited availability
25	25	of funds require the promotion and development of public
26	26	transportation and pedestrian facilities and systems by new and
27	27	alternative means, and the district will serve the public purpose
28	28	of securing expanded and improved transportation and pedestrian
29	29	facilities and systems. The district will provide needed funding
30	30	for the Town Center area to preserve, maintain, and enhance the
31	31	economic health and vitality of the area as a community and business
32	32	and commerce center. The district will further promote the health,
33	33	safety, welfare, education, convenience, and enjoyment of the
34	34	public by improving, landscaping, and developing certain areas
35	35	within and adjacent to the district and providing public services
36	36	and facilities within and adjacent to the district which are
37	37	necessary for the restoration, preservation, enhancement, and
38	38	enjoyment of scenic and aesthetic beauty. Each and all of the
39	39	improvement projects authorized by this Act are hereby found and
40	40	declared to be essential to carrying out a public purpose. The
41	41	district will not act as the agent or instrumentality of any private
42	42	interests, even though many private interests will be benefited by
43	43	the district as will the general public.
44	44	SECTION 2. Sections 7(t) and (v), Chapter 289, Acts of the
45	45	73rd Legislature, Regular Session, 1993, are amended to read as
46	46	follows:
47	47	(t) In order to promote business retention, sustain
48	48	employment, and prevent substandard and blighted housing
49	49	conditions, the district may:
50	50	(1) merge or consolidate with a qualified association
51	51	to carry out a function described by this subsection;
52	52	(1-a) except as otherwise provided by this subsection
53	53	and in the same manner as a qualified association, assume, accept an
54	54	assignment of, succeed to, or contract to undertake, exercise, or
55	55	perform:
56	56	(A) all or part of the rights, powers,
57	57	privileges, duties, responsibilities, assets, liabilities, and
58	58	obligations of a qualified association under community covenants;
59	59	(B) any contracts, agreements, leases,
60	60	commitments, loans, pledges, instruments of indebtedness, or other
61	61	undertakings with any person, regardless of whether the person is a
62	62	qualified association, in the exercise of the rights, powers,
63	63	privileges, duties, or responsibilities described by Paragraph
64	64	(A);
65	65	(C) the administration, enforcement, amendment,
66	66	supplementation, repeal, revocation, or rescission of a community
67	67	covenant as provided by the covenant; or
68	68	(D) the functions, duties, and responsibilities
69	69	of the board of directors of a qualified association, without the
70	70	necessity of electing or appointing members of the board of
71	71	directors of the qualified association;
72	72	(2) administer and perform procedures established in a
73	73	community covenant or a related agreement for the selection or
74	74	appointment of members or officers to committees, village
75	75	association governing bodies, or similar positions;
76	76	(3) arrange or contract with one or more
77	77	municipalities, political subdivisions, or nonprofit organizations
78	78	for the provision of services and facilities to all or part of the
79	79	territory in or adjacent to the district that are substantially
80	80	equivalent to the services or facilities provided by the district
81	81	or a qualified association in the district, provided that the
82	82	district may not transfer, assign, or abrogate responsibility for
83	83	the administration or enforcement of any land use restrictions or
84	84	negative covenants included in a community covenant that apply to
85	85	land in or adjacent to the district;
86	86	(4) own, acquire, construct, improve, repair,
87	87	rehabilitate, operate, maintain, lease, purchase, sell, dispose
88	88	of, encumber, abandon, or remove:
89	89	(A) any buildings, improvements, or facilities;
90	90	or
91	91	(B) any real, personal, or mixed property; and
92	92	(5) assess, charge, collect, pledge, encumber, and
93	93	apply any fees, rents, charges, or proceeds received for the use,
94	94	enjoyment, or disposition of a building, improvement, facility, or
95	95	property or for a service or facility.
96	96	(v) In this section:
97	97	(1) "Qualified association" means a nonprofit
98	98	property owners' association created and operated by or in a
99	99	planned community, as that term is defined by Section 43.0754,
100	100	Local Government Code.
101	101	(2) "Community covenant" means recorded land use
102	102	restrictions and covenants applicable to land in a planned
103	103	community, as that term is defined by Section 43.0754, Local
104	104	Government Code.
105	105	SECTION 3. Section 7, Chapter 289, Acts of the 73rd
106	106	Legislature, Regular Session, 1993, is amended by adding
107	107	Subsections (ee) and (ff) to read as follows:
108	108	(ee) The district is an "endorsing municipality" for the
109	109	purposes of Chapter 1507 (S.B. 456), Acts of the 76th Legislature,
110	110	Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil
111	111	Statutes).
112	112	(ff) The district is entitled to receive a certified
113	113	appraisal roll, an estimate of the taxable value of property in the
114	114	district, and assistance in determining values of property in the
115	115	district in the manner provided by Section 26.01, Tax Code, for a
116	116	municipality.
117	117	SECTION 4. Section 7-a(c), Chapter 289, Acts of the 73rd
118	118	Legislature, Regular Session, 1993, is amended to read as follows:
119	119	(c) A description of [map or plat showing] the boundaries of
120	120	the district, as adjusted from time to time, shall be recorded in
121	121	the real property records of each county in which all or part of the
122	122	district is situated not later than the seventh day after the date
123	123	of each such boundary adjustment. The boundaries of the district
124	124	may be described by metes and bounds, plat, or reference to a
125	125	previously recorded instrument.
126	126	SECTION 5. Chapter 289, Acts of the 73rd Legislature,
127	127	Regular Session, 1993, is amended by adding Section 7I to read as
128	128	follows:
129	129	Sec. 7I. TRANSPORTATION PROJECTS, FACILITIES, PROGRAMS,
130	130	AND SERVICES. (a) The district may engage in and contract for
131	131	activities that accomplish the transportation purposes of the
132	132	district, including the acquisition, analysis, construction,
133	133	design, financing, investigation, implementation, improvement,
134	134	maintenance, operation, ownership, planning, provision,
135	135	relocation, repair, replacement, or study of improvement projects,
136	136	facilities, programs, and services in the district and in areas
137	137	adjacent to the district for:
138	138	(1) mass transportation;
139	139	(2) parking;
140	140	(3) pedestrian walkways;
141	141	(4) rail systems;
142	142	(5) traffic movement;
143	143	(6) transit terminals;
144	144	(7) waterborne transit; or
145	145	(8) other modes of transportation and mobility
146	146	enhancements that reduce congestion or promote or aid in the
147	147	circulation of traffic in the district and in areas adjacent to the
148	148	district.
149	149	(b) The district may apply for and receive state and federal
150	150	transportation funding, including grants or other assistance. The
151	151	district has the rights associated with the funding and may carry
152	152	out functions associated with the funding, as the designated
153	153	recipient or otherwise.
154	154	(c) The district may make an improvement to a boundary
155	155	highway and improve an assessment for that purpose in the manner
156	156	provided by Sections 313.022 and 313.046, Transportation Code, for
157	157	a municipality.
158	158	(d) The district may adopt and enforce by ordinary civil
159	159	remedies rules regarding access to and use of the district's
160	160	transportation projects, facilities, programs, and services.
161	161	(e) The district may charge a fare, fee, rate, toll, or
162	162	other charge for the use of a district project, facility, program,
163	163	or service.
164	164	SECTION 6. The legislature finds that the powers,
165	165	authority, and functions of the district authorized by this Act are
166	166	essential and beneficial to the district and to the state as a whole
167	167	as a program for promoting, facilitating, and accomplishing the
168	168	public purposes of Section 52-a, Article III, Texas Constitution,
169	169	by:
170	170	(1) promoting, sustaining, and advancing employment
171	171	and economic diversification and development in the state;
172	172	(2) sustaining and stimulating business in the state;
173	173	(3) conserving and sustaining property values and
174	174	living conditions in the state;
175	175	(4) promoting traffic circulation and public safety in
176	176	the state;
177	177	(5) promoting the development of parks, recreational
178	178	facilities, and cultural education in the state; and
179	179	(6) serving other purposes beneficial to the state.
180	180	SECTION 7. (a) The legal notice of the intention to
181	181	introduce this Act, setting forth the general substance of this
182	182	Act, has been published as provided by law, and the notice and a
183	183	copy of this Act have been furnished to all persons, agencies,
184	184	officials, or entities to which they are required to be furnished
185	185	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
186	186	Government Code.
187	187	(b) The governor has submitted the notice and Act to the
188	188	Texas Commission on Environmental Quality.
189	189	(c) The Texas Commission on Environmental Quality has filed
190	190	its recommendations relating to this Act with the governor,
191	191	lieutenant governor, and speaker of the house of representatives
192	192	within the required time.
193	193	(d) All requirements of the constitution and laws of this
194	194	state and the rules and procedures of the legislature with respect
195	195	to the notice, introduction, and passage of this Act are fulfilled
196	196	and accomplished.
197	197	SECTION 8. This Act takes effect immediately if it receives
198	198	a vote of two-thirds of all the members elected to each house, as
199	199	provided by Section 39, Article III, Texas Constitution. If this
200	200	Act does not receive the vote necessary for immediate effect, this
201	201	Act takes effect September 1, 2015.