Texas 2017 - 85th Regular

Texas House Bill HB2748 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R10123 JCG-F
2	2	By: Faircloth H.B. No. 2748
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Chambers County Improvement District No. 2.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 3872.002, Special District Local Laws
10	10	Code, is amended to read as follows:
11	11	Sec. 3872.002. CREATION AND NATURE OF DISTRICT; IMMUNITY.
12	12	(a) The district is a special district created under Sections 52
13	13	and 52-a, Article III, and Section 59, Article XVI, Texas
14	14	Constitution.
15	15	(b) The district is a governmental unit under Chapter 101,
16	16	Civil Practice and Remedies Code, and the operations of the
17	17	district are essential government functions and are not proprietary
18	18	functions for any purpose, including the application of Chapter
19	19	101, Civil Practice and Remedies Code.
20	20	(c) This chapter does not waive any governmental or
21	21	sovereign immunity from suit, liability, or judgment applicable to
22	22	the district.
23	23	SECTION 2. Section 3872.006(d), Special District Local Laws
24	24	Code, is amended to read as follows:
25	25	(d) The district will:
26	26	(1) promote the health, safety, and general welfare of
27	27	residents, employers, potential employees, employees, visitors,
28	28	and consumers in the district, and of the public;
29	29	(2) provide needed funding for the district to
30	30	preserve, maintain, and enhance the economic health and vitality of
31	31	the district territory as a community and business center;
32	32	(3) promote the health, safety, welfare, and enjoyment
33	33	of the public by providing pedestrian ways and road facilities and
34	34	by landscaping and developing certain areas in the district, which
35	35	are necessary for the restoration, preservation, and enhancement of
36	36	scenic beauty; and
37	37	(4) provide for water, wastewater, drainage, road, and
38	38	recreational facilities for the district.
39	39	SECTION 3. Section 3872.008, Special District Local Laws
40	40	Code, is amended to read as follows:
41	41	Sec. 3872.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
42	42	All or any part of the area of the district may be included in one or
43	43	more of the following:
44	44	(1) a tax increment reinvestment zone created under
45	45	Chapter 311, Tax Code;
46	46	(2) a tax abatement reinvestment zone created under
47	47	Chapter 312, Tax Code;
48	48	(3) an enterprise zone created under Chapter 2303,
49	49	Government Code; or
50	50	(4) an industrial district created under Chapter 42,
51	51	Local Government Code.
52	52	SECTION 4. Subchapter A, Chapter 3872, Special District
53	53	Local Laws Code, is amended by adding Section 3872.011 to read as
54	54	follows:
55	55	Sec. 3872.011. CONFLICTS OF LAW. This chapter prevails over
56	56	any provision of general law, including a provision of Chapter 375,
57	57	Local Government Code, or Chapter 49, Water Code, that is in
58	58	conflict or inconsistent with this chapter.
59	59	SECTION 5. Subchapter B, Chapter 3872, Special District
60	60	Local Laws Code, is amended by adding Section 3872.054 to read as
61	61	follows:
62	62	Sec. 3872.054. DISQUALIFICATION OF DIRECTORS. Section
63	63	49.052, Water Code, applies to the district.
64	64	SECTION 6. Section 3872.102, Special District Local Laws
65	65	Code, is amended to read as follows:
66	66	Sec. 3872.102. RECREATIONAL FACILITIES. The district may
67	67	develop or finance recreational facilities as authorized by Chapter
68	68	375, Local Government Code, Sections 52 and 52-a, Article III,
69	69	Texas Constitution, Section 59, Article XVI, Texas Constitution,
70	70	and any other law that applies to the district.
71	71	SECTION 7. Section 3872.104, Special District Local Laws
72	72	Code, is amended to read as follows:
73	73	Sec. 3872.104. AUTHORITY FOR ROAD PROJECTS. Under Section
74	74	52, Article III, Texas Constitution, the district may own, operate,
75	75	maintain, improve, design, acquire, construct, finance, and issue
76	76	bonds, notes, or other obligations for[, improve, and convey to
77	77	this state, a county, or a municipality for operation and
78	78	maintenance] macadamized, graveled, or paved roads or
79	79	improvements, including storm drainage and other improvements
80	80	located in or adjacent to road rights-of-way, in aid of those roads.
81	81	SECTION 8. Subchapter C, Chapter 3872, Special District
82	82	Local Laws Code, is amended by adding Section 3872.1051 to read as
83	83	follows:
84	84	Sec. 3872.1051. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
85	85	(a) The district may convey a road project authorized by Section
86	86	3872.104 to:
87	87	(1) the municipality or county that will operate and
88	88	maintain the road if the municipality or county has approved the
89	89	plans and specifications of the road project; or
90	90	(2) the state if the state will operate and maintain
91	91	the road and the Texas Transportation Commission has approved the
92	92	plans and specifications of the road project.
93	93	(b) Except as provided by Subsection (c), the district shall
94	94	operate and maintain a road project authorized by Section 3872.104
95	95	that the district implements and does not convey to a municipality,
96	96	a county, or this state under Subsection (a).
97	97	(c) The district may agree in writing with a municipality, a
98	98	county, or this state to assign operation and maintenance duties to
99	99	the district, the municipality, the county, or this state in a
100	100	manner other than the manner described in Subsections (a) and (b).
101	101	SECTION 9. Section 3872.109, Special District Local Laws
102	102	Code, is amended to read as follows:
103	103	Sec. 3872.109. LAW ENFORCEMENT SERVICES. Section 49.216,
104	104	Water Code, applies to the district [AUTHORITY TO CONTRACT FOR LAW
105	105	ENFORCEMENT. To protect the public interest, the district may
106	106	contract with a qualified party, including Chambers County or the
107	107	City of Baytown, for the provision of law enforcement services in
108	108	the district for a fee].
109	109	SECTION 10. Section 3872.155(a), Special District Local
110	110	Laws Code, is amended to read as follows:
111	111	(a) The board by resolution may impose and collect an
112	112	assessment for any purpose authorized by this chapter in all or any
113	113	part of the district regardless of whether the part of the district
114	114	where the assessment is to be imposed is subject to an assessment
115	115	previously imposed by the board.
116	116	SECTION 11. Section 3872.105, Special District Local Laws
117	117	Code, is repealed.
118	118	SECTION 12. The change in law made by Section 3872.054,
119	119	Special District Local Laws Code, as added by this Act, does not
120	120	affect the entitlement of a member serving on the board of directors
121	121	of the Chambers County Improvement District No. 2 immediately
122	122	before the effective date of this Act to continue to carry out the
123	123	board's functions for the remainder of the member's term. The
124	124	change in law applies only to a member elected on or after the
125	125	effective date of this Act.
126	126	SECTION 13. (a) The legal notice of the intention to
127	127	introduce this Act, setting forth the general substance of this
128	128	Act, has been published as provided by law, and the notice and a
129	129	copy of this Act have been furnished to all persons, agencies,
130	130	officials, or entities to which they are required to be furnished
131	131	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
132	132	Government Code.
133	133	(b) The governor, one of the required recipients, has
134	134	submitted the notice and Act to the Texas Commission on
135	135	Environmental Quality.
136	136	(c) The Texas Commission on Environmental Quality has filed
137	137	its recommendations relating to this Act with the governor, the
138	138	lieutenant governor, and the speaker of the house of
139	139	representatives within the required time.
140	140	(d) All requirements of the constitution and laws of this
141	141	state and the rules and procedures of the legislature with respect
142	142	to the notice, introduction, and passage of this Act are fulfilled
143	143	and accomplished.
144	144	SECTION 14. This Act takes effect immediately if it
145	145	receives a vote of two-thirds of all the members elected to each
146	146	house, as provided by Section 39, Article III, Texas Constitution.
147	147	If this Act does not receive the vote necessary for immediate
148	148	effect, this Act takes effect September 1, 2017.