Texas 2017 - 85th Regular

Texas House Bill HB4271 Compare Versions

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

Old	New	Differences
1	1	85R11932 JXC-F
2	2	By: Hernandez H.B. No. 4271
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the East Houston Management District;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, or taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3923 to read as follows:
13	13	CHAPTER 3923. EAST HOUSTON MANAGEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3923.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Houston.
18	18	(3) "County" means Harris County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the East Houston Management
21	21	District.
22	22	Sec. 3923.002. CREATION AND NATURE OF DISTRICT. The
23	23	district is a special district created under Section 59, Article
24	24	XVI, Texas Constitution.
25	25	Sec. 3923.003. CONFIRMATION ELECTION REQUIRED. (a) On
26	26	receipt of a petition signed by a majority of the owners of real
27	27	property in the district according to the most recent certified tax
28	28	appraisal roll for the county, the initial board shall hold an
29	29	election to confirm the creation of the district in the manner
30	30	provided by Subchapter D, Chapter 49, Water Code.
31	31	(b) The board may not issue bonds or other obligations
32	32	unless the creation of the district is confirmed as provided by this
33	33	section.
34	34	Sec. 3923.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The
35	35	creation of the district is essential to accomplish the purposes of
36	36	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
37	37	Texas Constitution, and other public purposes stated in this
38	38	chapter. By creating the district and in authorizing the city and
39	39	other political subdivisions to contract with the district, the
40	40	legislature has established a program to accomplish the public
41	41	purposes set out in Section 52-a, Article III, Texas Constitution.
42	42	(b) The creation of the district is necessary to promote,
43	43	develop, encourage, and maintain employment, commerce,
44	44	transportation, housing, tourism, recreation, the arts,
45	45	entertainment, economic development, safety, and the public
46	46	welfare in the district.
47	47	(c) The district is created to supplement and not to
48	48	supplant city services provided in the district.
49	49	Sec. 3923.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
50	50	The district is created to serve a public use and benefit.
51	51	(b) All land and other property included in the district
52	52	will benefit from the improvements and services to be provided by
53	53	the district under powers conferred by Sections 52 and 52-a,
54	54	Article III, and Section 59, Article XVI, Texas Constitution, and
55	55	other powers granted under this chapter.
56	56	(c) The creation of the district is in the public interest
57	57	and is essential to further the public purposes of:
58	58	(1) developing and diversifying the economy of the
59	59	state;
60	60	(2) eliminating unemployment and underemployment;
61	61	(3) developing or expanding transportation and
62	62	commerce; and
63	63	(4) providing quality residential housing.
64	64	(d) The district will:
65	65	(1) promote the health, safety, and general welfare of
66	66	residents, employers, potential employees, employees, visitors,
67	67	and consumers in the district, and of the public;
68	68	(2) provide needed funding for the district to
69	69	preserve, maintain, and enhance the economic health and vitality of
70	70	the district territory as a residential community and business
71	71	center; and
72	72	(3) promote the health, safety, welfare, and enjoyment
73	73	of the public by providing pedestrian ways and by landscaping,
74	74	removing graffiti from, and developing certain areas in the
75	75	district, which are necessary for the restoration, preservation,
76	76	and enhancement of scenic beauty.
77	77	(e) Pedestrian ways along or across a street, whether at
78	78	grade or above or below the surface, and street lighting, street
79	79	landscaping, vehicle parking, and street art objects are parts of
80	80	and necessary components of a street and are considered to be an
81	81	improvement project that includes a street or road improvement.
82	82	(f) The district will not act as the agent or
83	83	instrumentality of any private interest even though the district
84	84	will benefit many private interests as well as the public.
85	85	Sec. 3923.006. DISTRICT TERRITORY. (a) The district is
86	86	initially composed of the territory described by Section 2 of the
87	87	Act enacting this chapter.
88	88	(b) The boundaries and field notes contained in Section 2 of
89	89	the Act enacting this chapter form a closure. A mistake in the
90	90	field notes or in copying the field notes in the legislative process
91	91	does not affect the district's:
92	92	(1) organization, existence, or validity;
93	93	(2) right to issue any type of bond for the purposes
94	94	for which the district is created or to pay the principal of and
95	95	interest on a bond;
96	96	(3) right to impose or collect an assessment or tax; or
97	97	(4) legality or operation.
98	98	Sec. 3923.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
99	99	(a) All or any part of the area of the district is eligible to be
100	100	included in:
101	101	(1) a tax increment reinvestment zone created under
102	102	Chapter 311, Tax Code;
103	103	(2) a tax abatement reinvestment zone created under
104	104	Chapter 312, Tax Code;
105	105	(3) an enterprise zone created under Chapter 2303,
106	106	Government Code; or
107	107	(4) an industrial district created under Chapter 42,
108	108	Local Government Code.
109	109	(b) If the city creates a tax increment reinvestment zone
110	110	described by Subsection (a), the city and the board of directors of
111	111	the zone, by contract with the district, may grant money deposited
112	112	in the tax increment fund to the district to be used by the district
113	113	for the purposes permitted for money granted to a corporation under
114	114	Section 380.002(b), Local Government Code, including the right to
115	115	pledge the money as security for any bonds issued by the district
116	116	for an improvement project. A project may not receive public funds
117	117	under Section 380.002(b), Local Government Code, unless the project
118	118	has been approved by the governing body of the city.
119	119	Sec. 3923.008. APPLICABILITY OF MUNICIPAL MANAGEMENT
120	120	DISTRICTS LAW. Except as otherwise provided by this chapter,
121	121	Chapter 375, Local Government Code, applies to the district.
122	122	Sec. 3923.009. CONSTRUCTION OF CHAPTER. This chapter shall
123	123	be liberally construed in conformity with the findings and purposes
124	124	stated in this chapter.
125	125	SUBCHAPTER B. BOARD OF DIRECTORS
126	126	Sec. 3923.051. GOVERNING BODY; TERMS. The district is
127	127	governed by a board of 11 directors who serve staggered terms of
128	128	four years, with five or six directors' terms expiring June 1 of
129	129	each odd-numbered year.
130	130	Sec. 3923.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY
131	131	CITY. To be qualified to serve as a director, a person must be:
132	132	(1) a resident of the district who is also a registered
133	133	voter of the district;
134	134	(2) an owner of stock or a partnership or membership
135	135	interest, whether beneficial or otherwise, of a corporate
136	136	partnership, limited liability company, or other entity owner of a
137	137	direct or indirect interest in property in the district; or
138	138	(3) an agent, employee, or tenant of a person
139	139	described by Subdivision (2).
140	140	Sec. 3923.053. APPOINTMENT OF DIRECTORS; COMPOSITION OF
141	141	BOARD. (a) The governing body of the city shall appoint directors
142	142	from qualified persons recommended by the board.
143	143	(b) In making appointments under this section, the
144	144	governing body of the city shall ensure that:
145	145	(1) eight positions on the board are occupied by
146	146	persons described by Section 3923.052(2) or (3); and
147	147	(2) three positions on the board are occupied by
148	148	persons described by Section 3923.052(1).
149	149	Sec. 3923.054. VACANCY. If a vacancy occurs on the board,
150	150	the remaining directors shall appoint a qualified director for the
151	151	remainder of the unexpired term.
152	152	Sec. 3923.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A
153	153	director shall file the director's oath or affirmation of office
154	154	with the district, and the district shall retain the oath or
155	155	affirmation in the district records.
156	156	(b) A director shall file a copy of the director's oath or
157	157	affirmation with the secretary of the city.
158	158	Sec. 3923.056. QUORUM. A vacant director position is not
159	159	counted for purposes of establishing a quorum.
160	160	Sec. 3923.057. OFFICERS. The board shall elect from among
161	161	the directors a chair, a vice chair, and a secretary. The offices
162	162	of chair and secretary may not be held by the same person.
163	163	Sec. 3923.058. COMPENSATION; EXPENSES. (a) The district
164	164	may compensate each director in an amount not to exceed $50 for each
165	165	board meeting. The total amount of compensation a director may
166	166	receive each year may not exceed $2,000.
167	167	(b) A director is entitled to reimbursement for necessary
168	168	and reasonable expenses incurred in carrying out the duties and
169	169	responsibilities of the board.
170	170	Sec. 3923.059. LIABILITY INSURANCE. The district may obtain
171	171	and pay for comprehensive general liability insurance coverage from
172	172	a commercial insurance company or other source that protects and
173	173	insures a director against personal liability and from all claims
174	174	relating to:
175	175	(1) actions taken by the director in the director's
176	176	capacity as a member of the board;
177	177	(2) actions and activities taken by the district; or
178	178	(3) the actions of others acting on behalf of the
179	179	district.
180	180	Sec. 3923.060. NO EXECUTIVE COMMITTEE. The board may not
181	181	create an executive committee to exercise the powers of the board.
182	182	Sec. 3923.061. BOARD MEETINGS. The board shall hold
183	183	meetings at a place accessible to the public.
184	184	Sec. 3923.062. INITIAL DIRECTORS. (a) The initial board
185	185	includes:
186	186	Pos. No. Name of Director Pos. No. Name of Director
187	187	Pos. No. Name of Director
188	188	1 Terri Almendarez 1 Terri Almendarez
189	189	1 Terri Almendarez
190	190	2 Ana Gonzalez 2 Ana Gonzalez
191	191	2 Ana Gonzalez
192	192	3 Linda Andrade 3 Linda Andrade
193	193	3 Linda Andrade
194	194	4 Ernesto Cantu 4 Ernesto Cantu
195	195	4 Ernesto Cantu
196	196	5 Pedro Diaz 5 Pedro Diaz
197	197	5 Pedro Diaz
198	198	6 Joshua Santana 6 Joshua Santana
199	199	6 Joshua Santana
200	200	7 Bryan Gallagher 7 Bryan Gallagher
201	201	7 Bryan Gallagher
202	202	(b) Not later than October 1, 2017, the governing body of
203	203	the city shall appoint four additional initial directors to the
204	204	board. Of the four initial directors appointed under this
205	205	subsection:
206	206	(1) one director must be a person described by Section
207	207	3923.052(1); and
208	208	(2) three directors must be persons described by
209	209	Section 3923.052(2) or (3).
210	210	(c) Section 3923.052 does not apply to an initial director
211	211	named by Subsection (a).
212	212	(d) The terms of the initial directors expire June 1, 2019.
213	213	(e) Of the directors who replace an initial director, the
214	214	terms of directors serving in positions 1 through 6 expire June 1,
215	215	2021, and the terms of directors serving in positions 7 through 11
216	216	expire June 1, 2023.
217	217	(f) This section expires September 1, 2023.
218	218	SUBCHAPTER C. POWERS AND DUTIES
219	219	Sec. 3923.101. GENERAL POWERS AND DUTIES. The district has
220	220	the powers and duties necessary to accomplish the purposes for
221	221	which the district is created.
222	222	Sec. 3923.102. IMPROVEMENT PROJECTS AND SERVICES. The
223	223	district may provide, design, construct, acquire, improve,
224	224	relocate, operate, maintain, or finance an improvement project or
225	225	service using money available to the district, or contract with a
226	226	governmental or private entity to provide, design, construct,
227	227	acquire, improve, relocate, operate, maintain, or finance an
228	228	improvement project or service authorized under this chapter or
229	229	Chapter 375, Local Government Code.
230	230	Sec. 3923.103. LOCATION OF IMPROVEMENT PROJECT. An
231	231	improvement project described by Section 3923.102 may be located:
232	232	(1) in the district; or
233	233	(2) in an area outside but adjacent to the district if
234	234	the project is for the purpose of extending a public infrastructure
235	235	improvement beyond the district's boundaries to a logical terminus.
236	236	Sec. 3923.104. DEVELOPMENT CORPORATION POWERS. The
237	237	district, using money available to the district, may exercise the
238	238	powers given to a development corporation under Chapter 505, Local
239	239	Government Code, including the power to own, operate, acquire,
240	240	construct, lease, improve, or maintain a project under that
241	241	chapter.
242	242	Sec. 3923.105. NONPROFIT CORPORATION. (a) The board by
243	243	resolution may authorize the creation of a nonprofit corporation to
244	244	assist and act for the district in implementing a project or
245	245	providing a service authorized by this chapter.
246	246	(b) The nonprofit corporation:
247	247	(1) has each power of and is considered to be a local
248	248	government corporation created under Subchapter D, Chapter 431,
249	249	Transportation Code; and
250	250	(2) may implement any project and provide any service
251	251	authorized by this chapter.
252	252	(c) The board shall appoint the board of directors of the
253	253	nonprofit corporation. The board of directors of the nonprofit
254	254	corporation shall serve in the same manner as the board of directors
255	255	of a local government corporation created under Subchapter D,
256	256	Chapter 431, Transportation Code, except that a board member is not
257	257	required to reside in the district.
258	258	Sec. 3923.106. AGREEMENTS; GRANTS. (a) As provided by
259	259	Chapter 375, Local Government Code, the district may make an
260	260	agreement with or accept a gift, grant, or loan from any person.
261	261	(b) The implementation of a project is a governmental
262	262	function or service for the purposes of Chapter 791, Government
263	263	Code.
264	264	Sec. 3923.107. LAW ENFORCEMENT SERVICES. To protect the
265	265	public interest, the district may contract with a qualified party,
266	266	including the county or the city, to provide law enforcement
267	267	services in the district for a fee.
268	268	Sec. 3923.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
269	269	district may join and pay dues to a charitable or nonprofit
270	270	organization that performs a service or provides an activity
271	271	consistent with the furtherance of a district purpose.
272	272	Sec. 3923.109. ECONOMIC DEVELOPMENT. (a) The district may
273	273	engage in activities that accomplish the economic development
274	274	purposes of the district.
275	275	(b) The district may establish and provide for the
276	276	administration of one or more programs to promote state or local
277	277	economic development and to stimulate business and commercial
278	278	activity in the district, including programs to:
279	279	(1) make loans and grants of public money; and
280	280	(2) provide district personnel and services.
281	281	(c) The district may create economic development programs
282	282	and exercise the economic development powers that:
283	283	(1) Chapter 380, Local Government Code, provides to a
284	284	municipality; and
285	285	(2) Subchapter A, Chapter 1509, Government Code,
286	286	provides to a municipality.
287	287	Sec. 3923.110. CONCURRENCE ON ADDITIONAL POWERS. If the
288	288	legislature grants the district a power that is in addition to the
289	289	powers approved by the initial resolution of the governing body of
290	290	the city consenting to the creation of the district, the district
291	291	may not exercise that power unless the governing body of the city
292	292	consents to that change by resolution.
293	293	Sec. 3923.111. NO EMINENT DOMAIN POWER. The district may
294	294	not exercise the power of eminent domain.
295	295	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
296	296	Sec. 3923.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
297	297	board by resolution shall establish the number of signatures and
298	298	the procedure required for a disbursement or transfer of the
299	299	district's money.
300	300	Sec. 3923.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
301	301	The district may acquire, construct, finance, operate, or maintain
302	302	an improvement project or service authorized under this chapter or
303	303	Chapter 375, Local Government Code, using any money available to
304	304	the district.
305	305	Sec. 3923.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
306	306	BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
307	307	secure the payment or repayment of any bond, note, or other
308	308	temporary or permanent obligation or reimbursement or other
309	309	contract with any person and the costs and expenses of the
310	310	establishment, administration, and operation of the district and
311	311	the district's costs or share of the costs or revenue of an
312	312	improvement project or district contractual obligation or
313	313	indebtedness by:
314	314	(1) the imposition of an ad valorem tax or sales and
315	315	use tax or an assessment, user fee, concession fee, or rental
316	316	charge; or
317	317	(2) any other revenue or resources of the district, or
318	318	other revenue authorized by the city, including revenues from a tax
319	319	increment reinvestment zone created by the city under applicable
320	320	law.
321	321	Sec. 3923.154. PETITION REQUIRED FOR FINANCING SERVICES AND
322	322	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
323	323	service or improvement project with assessments under this chapter
324	324	unless a written petition requesting that service or improvement
325	325	has been filed with the board.
326	326	(b) The petition must be signed by the owners of a majority
327	327	of the assessed value of real property in the district subject to
328	328	assessment according to the most recent certified tax appraisal
329	329	roll for the county.
330	330	Sec. 3923.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
331	331	The board by resolution may impose and collect an assessment for any
332	332	purpose authorized by this chapter in all or any part of the
333	333	district.
334	334	(b) An assessment, a reassessment, or an assessment
335	335	resulting from an addition to or correction of the assessment roll
336	336	by the district, penalties and interest on an assessment or
337	337	reassessment, an expense of collection, and reasonable attorney's
338	338	fees incurred by the district:
339	339	(1) are a first and prior lien against the property
340	340	assessed;
341	341	(2) are superior to any other lien or claim other than
342	342	a lien or claim for county, school district, or municipal ad valorem
343	343	taxes; and
344	344	(3) are the personal liability of and a charge against
345	345	the owners of the property even if the owners are not named in the
346	346	assessment proceedings.
347	347	(c) The lien is effective from the date of the board's
348	348	resolution imposing the assessment until the date the assessment is
349	349	paid. The board may enforce the lien in the same manner that the
350	350	board may enforce an ad valorem tax lien against real property.
351	351	(d) The board may make a correction to or deletion from the
352	352	assessment roll that does not increase the amount of assessment of
353	353	any parcel of land without providing notice and holding a hearing in
354	354	the manner required for additional assessments.
355	355	Sec. 3923.156. STORM WATER USER CHARGES. The district may
356	356	establish user charges related to the operation of storm water
357	357	facilities, including the regulation of storm water for the
358	358	protection of water quality in the district.
359	359	Sec. 3923.157. NONPOTABLE WATER USER CHARGES. The district
360	360	may establish user charges for the use of nonpotable water for
361	361	irrigation purposes, subject to approval of the governing body of
362	362	the city.
363	363	Sec. 3923.158. COSTS FOR IMPROVEMENT PROJECTS. The
364	364	district may undertake separately or jointly with other persons,
365	365	including the city or county, all or part of the cost of an
366	366	improvement project, including an improvement project:
367	367	(1) for improving, enhancing, and supporting public
368	368	safety and security, fire protection and emergency medical
369	369	services, and law enforcement in or adjacent to the district; or
370	370	(2) that confers a general benefit on the entire
371	371	district or a special benefit on a definable part of the district.
372	372	Sec. 3923.159. TAX AND ASSESSMENT ABATEMENTS. The district
373	373	may designate reinvestment zones and may grant abatements of a tax
374	374	or assessment on property in the zones.
375	375	SUBCHAPTER E. TAXES AND BONDS
376	376	Sec. 3923.201. TAX ABATEMENT. The district may enter into a
377	377	tax abatement agreement in accordance with the general laws of this
378	378	state authorizing and applicable to a tax abatement agreement by a
379	379	municipality.
380	380	Sec. 3923.202. PROPERTY TAX AUTHORIZED. (a) The district
381	381	may impose an ad valorem tax on all taxable property in the district
382	382	to:
383	383	(1) pay for an improvement project of the types
384	384	authorized by Section 52(b), Article III, and Section 59, Article
385	385	XVI, Texas Constitution; or
386	386	(2) secure the payment of bonds issued for a purpose
387	387	described by Subdivision (1).
388	388	(b) The district may not impose an ad valorem tax to pay for
389	389	an improvement project under this chapter unless the imposition is
390	390	approved by the voters of the district voting at an election held
391	391	for that purpose. The board may call an election to approve the
392	392	imposition of an ad valorem tax to pay for an improvement project
393	393	under this chapter only if the board receives a petition requesting
394	394	the election signed by:
395	395	(1) more than 51 percent of the record owners of real
396	396	property in the district subject to taxation; or
397	397	(2) owners representing more than 51 percent of the
398	398	appraised value of real property in the district subject to
399	399	taxation, as determined by the tax rolls of the appraisal district.
400	400	Sec. 3923.203. SALES AND USE TAX. (a) The district may
401	401	impose a sales and use tax if authorized by a majority of the voters
402	402	of the district voting at an election called for that purpose.
403	403	Revenue from the tax may be used for any purpose for which ad
404	404	valorem tax revenue of the district may be used.
405	405	(b) The district may not adopt a sales and use tax if as a
406	406	result of the adoption of the tax the combined rate of all sales and
407	407	use taxes imposed by the district and other political subdivisions
408	408	of this state having territory in the district would exceed two
409	409	percent at any location in the district.
410	410	(c) If the voters of the district approve the adoption of
411	411	the tax at an election held on the same election date on which
412	412	another political subdivision adopts a sales and use tax or
413	413	approves an increase in the rate of its sales and use tax and as a
414	414	result the combined rate of all sales and use taxes imposed by the
415	415	district and other political subdivisions of this state having
416	416	territory in the district would exceed two percent at any location
417	417	in the district, the election to adopt a sales and use tax under
418	418	this chapter has no effect.
419	419	Sec. 3923.204. BONDS AND OTHER OBLIGATIONS. (a) The
420	420	district may issue, by public or private sale, bonds, notes, or
421	421	other obligations payable wholly or partly from ad valorem taxes,
422	422	sales and use taxes, or assessments in the manner provided by
423	423	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
424	424	Government Code.
425	425	(b) In exercising the district's borrowing power, the
426	426	district may issue a bond or other obligation in the form of a bond,
427	427	note, certificate of participation or other instrument evidencing a
428	428	proportionate interest in payments to be made by the district, or
429	429	other type of obligation.
430	430	(c) In addition to the sources of money described by
431	431	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
432	432	Government Code, district bonds may be secured and made payable
433	433	wholly or partly by a pledge of any part of the money the district
434	434	receives from improvement revenue or from any other source.
435	435	Sec. 3923.205. BOND MATURITY. Bonds may mature not more
436	436	than 40 years from their date of issue.
437	437	Sec. 3923.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
438	438	the time bonds or other obligations payable wholly or partly from ad
439	439	valorem taxes are issued:
440	440	(1) the board shall impose a continuing direct annual
441	441	ad valorem tax for each year that all or part of the bonds are
442	442	outstanding; and
443	443	(2) the district annually shall impose an ad valorem
444	444	tax on all taxable property in the district in an amount sufficient
445	445	to:
446	446	(A) pay the interest on the bonds or other
447	447	obligations as the interest becomes due; and
448	448	(B) create a sinking fund for the payment of the
449	449	principal of the bonds or other obligations when due or the
450	450	redemption price at any earlier required redemption date.
451	451	SUBCHAPTER F. DISSOLUTION
452	452	Sec. 3923.251. DISSOLUTION BY CITY ORDINANCE. (a) The city
453	453	by ordinance may dissolve the district.
454	454	(b) The city may not dissolve the district until the
455	455	district's outstanding debt or contractual obligations that are
456	456	payable from ad valorem taxes have been repaid or discharged, or the
457	457	city has affirmatively assumed the obligation to pay the
458	458	outstanding debt from city revenue.
459	459	Sec. 3923.252. DISSOLUTION BY BOARD OR PETITION. (a)
460	460	Except as provided by Subsection (b), the board:
461	461	(1) may dissolve the district; and
462	462	(2) shall dissolve the district on receipt of a
463	463	written petition requesting dissolution signed by a majority of the
464	464	owners of real property in the district.
465	465	(b) The board may not dissolve the district until the
466	466	district's outstanding indebtedness or contractual obligations
467	467	that are payable from ad valorem taxes have been repaid or
468	468	discharged, or the city has affirmatively assumed the obligation to
469	469	pay the outstanding debt from city revenue.
470	470	Sec. 3923.253. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
471	471	(a) If the dissolved district has bonds or other obligations
472	472	outstanding secured by and payable from assessments or other
473	473	revenue, other than ad valorem taxes, the city shall succeed to the
474	474	rights and obligations of the district regarding enforcement and
475	475	collection of the assessments or other revenue.
476	476	(b) The city shall have and exercise all district powers to
477	477	enforce and collect the assessments or other revenue to pay:
478	478	(1) the bonds or other obligations when due and
479	479	payable according to their terms; or
480	480	(2) special revenue or assessment bonds or other
481	481	obligations issued by the city to refund the outstanding bonds or
482	482	obligations.
483	483	Sec. 3923.254. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
484	484	After the district is dissolved, the city assumes, subject to the
485	485	appropriation and availability of funds, the obligations of the
486	486	district, including any bonds or other debt payable from
487	487	assessments or other district revenue.
488	488	(b) After the district is dissolved, the board shall
489	489	transfer ownership of all district property to the city.
490	490	SECTION 2. The East Houston Management District initially
491	491	includes all the territory contained in the following area:
492	492	The described area is +/- 2,438 acres (3.81 sq. miles) in size and
493	493	is centered on Market Street and N. Wayside Drive in East Houston.
494	494	The area is generally bounded by N. McCarty St., Amtrak Rail Spur
495	495	and MNCW Railway on the east, Clinton Dr. & Greater East End
496	496	District on the south, Southern Pacific Railway on the west and
497	497	Wallisville Rd. on the north.
498	498	Beginning at a point where the right-of-way (ROW) centerline of
499	499	Wallisville Road intersects with the ROW centerline of N. McCarty
500	500	St. then southwest and south along ROW centerline of N. McCarty
501	501	St. to a point west of northwest corner of 12.85 acre tract (ABST 8
502	502	J BROWN TR 15);
503	503	Then east along north boundary of said 12.85 acre tract, 0.8562 acre
504	504	tract (GLENDALE TR 25A-1), and 6.8903 acre tract (GLENDALE TRS
505	505	25C-2 & 29D & 29H) to west easement of HB&T rail spur;
506	506	Then generally southeast and south along west easement of HB&T rail
507	507	spur and east boundary of 2.644 acre tract (GLENDALE TR 29B),
508	508	12.3965 acre tract (GLENDALE TRS 25C 29 29D & 33A), 8.0352 acre
509	509	tract (GLENDALE TRS 33D), and 0.6528 acre tract (GLENDALE TRS 33C &
510	510	33E) to south ROW of Munn St.;
511	511	Then west along south ROW of Munn St. to northeast corner of 0.1148
512	512	acre parcel (PORT HOUSTON NS LT 8 BLK 36);
513	513	Then south along east boundary of said 0.1148 acre parcel, and east
514	514	boundary of PORT HOUSTON NS Subdivision to southeast corner of
515	515	0.8035 acre parcel (PORT HOUSTON NS LTS 6 THRU 11 & TRS 5B & 12B BLK
516	516	61);
517	517	Then west along south boundary of said 0.8035 acre parcel to a point
518	518	north of northeast corner of 0.1148 acre parcel (PORT HOUSTON NS TR
519	519	R20 BLK 62);
520	520	Then south across ROW of Tuffly St., and along east boundary of
521	521	0.1148 acre parcel (PORT HOUSTON NS TR R20 BLK 62), and east
522	522	boundary of PORT HOUSTON NS TR R20 BLK 67, TR R20 BLK 68, TR R20 BLK
523	523	73, TR R20 BLK 74, TR R20 BLK 80, TR R20 BLK 81 and TR R20 BLK 84 to
524	524	south easement of a HB&T railway;
525	525	Then southeast and east along south easement of HB&T railway to ROW
526	526	centerline of Interstate Hwy 610 E;
527	527	Then south along ROW centerline of Interstate Hwy 610 E to ROW
528	528	centerline of Clinton Dr. and coincident boundary line of Greater
529	529	East End District (East End Boundary);
530	530	Then northwest along ROW centerline of Clinton Dr. and East End
531	531	Boundary to west ROW of Dorsett St.;
532	532	Then north along west ROW of Dorsett St. and East End Boundary to
533	533	south ROW of Tilgham St.;
534	534	Then west along south ROW of Tilgham St. and East End Boundary to
535	535	east ROW of Labco St.;
536	536	Then north along east ROW of Labco St. and East End Boundary to
537	537	south ROW of Market St.;
538	538	Then generally east along south ROW of Market St. and East End
539	539	Boundary to east ROW of Dorsett St.;
540	540	Then north along east ROW of Dorsett St. and East End Boundary to
541	541	ROW centerline of Lyons Ave.;
542	542	Then west along ROW centerline of Lyons Ave. and East End Boundary
543	543	to ROW centerline of Crown St.;
544	544	Then south along ROW centerline of Crown St. and East End Boundary
545	545	to ROW centerline of Market St.;
546	546	Then generally east along ROW centerline of Market St. and East End
547	547	Boundary to west ROW of N. Wayside Dr./US 90-A Hwy West
548	548	(southbound);
549	549	Then south across ROW of N. Wayside Dr. and along East End Boundary
550	550	line to north easement of Amtrak Railway;
551	551	Then northwest along north easement of Amtrak Railway and East End
552	552	Boundary line to ROW centerline of Clinton Dr.;
553	553	Then generally west and west northwest along ROW centerline of
554	554	Clinton Dr. and East End Boundary line to east ROW of Lockwood Dr.;
555	555	Then north along east ROW of Lockwood Dr. to south easement
556	556	Southern Pacific Railway;
557	557	Then east southeast along south easement of Southern Pacific
558	558	Railway to a point northeast of northeast corner of 1.0752 acre
559	559	parcel (GOLDEN TEX RES A) and railway split;
560	560	Then generally northeast and north along east easement of Southern
561	561	Pacific Railway to ROW centerline of Wallisville Road;
562	562	Then east and east northeast along ROW centerline of Wallisville
563	563	Road to west ROW of N. McCarty St. and beginning point of +/- 2,438
564	564	acre tract.
565	565	Save and except tract located at 1320 Boyles St. and being a tract
566	566	of land containing 22,541 square feet (called 22,546 square feet)
567	567	situated in the W.P. Harris and Robert Wilson Survey, Abstract
568	568	No. 32, City of Houston, Harris County, Texas, and being more
569	569	particularly described by metes and bounds as follows:
570	570	COMMENCING at a 5/8-inch iron rod found at the intersection of the
571	571	centerline of Palestine Street (60 feet wide) with the centerline
572	572	of Boyles Street (60 feet wide);
573	573	THENCE South 00 deg. 02 min. 30 sec. West along the centerline of
574	574	said Boyles Street, a distance of 1035.85 (called 1034.97');
575	575	THENCE WEST, a distance of 30.00 feet to a 1/2-inch iron rod found
576	576	for the Southeast corner and POINT OF BEGINNING of the herein
577	577	described 22,541 square foot parcel, said corner also being the
578	578	Northeast corner of that 46,859 square foot parcel described in
579	579	Harris County Clerk's File No. N442918;
580	580	THENCE continuing WEST along the North line of said 46,859 square
581	581	foot parcel, a distance of 225.37 feet to a 5/8-inch iron rod found
582	582	for the Southwest corner, same being the Northwest corner of said
583	583	46,859 square foot parcel, in the East line of a 43 foot wide
584	584	easement conveyed to Houston Belt and Terminal Railway Company and
585	585	Texas and New Orleans Railroad Company;
586	586	THENCE North along the East line of said 43 foot wide railroad
587	587	easement, a distance of 100.00 feet to a 5/8-inch iron rod found for
588	588	the Northwest corner, same being the Southwest corner of a 50' x
589	589	225,3' tract described in Harris County Clerk's File No. K935912;
590	590	THENCE EAST along the South line of said 50' x 225.3' tract, a
591	591	distance of 225.44 feet (called225.46') to a 5/8-inch iron rod
592	592	found for the Northeast corner in the West right-of-way line of said
593	593	Boyles Street;
594	594	THENCE South 00 deg. 02 min. 30 sec. West along the West line of said
595	595	Boyles Street, a distance of 100.00 feet to the POINT OF BEGINNING
596	596	of 22,541 sq. foot Save and except tract.
597	597	Save and except tract located at 1335 Boyles St. and being a 4.4067
598	598	acre tract of land situated in the City of Houston, Harris County,
599	599	Texas, and out of the Harris and Wilson Two-League Grant, Abstract
600	600	32, also being the same tract of land described in the Deed of Trust
601	601	Recorded in Harris County Clerk's File No. K920750, said 4.4067
602	602	acre tract of land being more particularly described by metes and
603	603	bounds as follows:
604	604	COMMENCING at a bolt found for the centerline intersection of
605	605	Palestine Street (a 30 foot right-of-way) with Boyles Street (a 60
606	606	foot right-of-way);
607	607	THENCE with the centerline of Boyles Street, South 00 degrees 00
608	608	minutes 00 seconds east, a distance of 915.78 feet to a point for
609	609	corner;
610	610	THENCE North 90 degrees 00 minutes 00 seconds east, a distance of30
611	611	feet to a 5/8 inch iron ROD found in the easterly right-of-way line
612	612	of Boyles Street for the point of beginning and being the northwest
613	613	comer of the herein described tract;
614	614	THENCE North 90 degrees 00 minutes 00 seconds east, a distance of
615	615	225.96 feet to a 5/8 inch iron rod set for the northeast comer of the
616	616	herein described tract;
617	617	THENCE South 00 degrees 00 minutes 00 seconds east, along the west
618	618	line of a 40 foot wide joint railroad easement, a distance of 788.02
619	619	feet to a 5/8 inch iron rod set for the point of curvature of curve
620	620	to the right having a radius of 361.56 feet;
621	621	THENCE with said curve to the right through a central angle of 09
622	622	degrees 52 minutes 14 seconds, an arc distance of 62.29 feet to a
623	623	5/8 inch iron rod set for the southeast corner of the herein
624	624	described tract;
625	625	THENCE South 90 degrees 00 minutes 00 seconds west, a distance of
626	626	220.61 feet to a 5/8 inch iron rod found for corner in the easterly
627	627	right-of-way line of Boyles Street;
628	628	THENCE with the easterly right-of-way line of Boyles Street, north
629	629	00 degrees 00 minutes 00 seconds west, a distance of 850.00 feet to
630	630	the point of beginning of 4.4067 acre (191,956 square feet) Save and
631	631	except tract.
632	632	Save and except tract located at 5719 Clinton Drive and being a
633	633	2.141 acre (93,244 square foot) tract situated in the Harris and
634	634	Wilson Two League Grant, Abstract No. 32, Houston, Harris County,
635	635	Texas, and being all of that certain called 2.1405 acre tract
636	636	conveyed to Hai I Nguyen and Nga T Nguyen, described in Warranty
637	637	Deed filed under County Clerk's File No U195916, Film Code No. 530-
638	638	37- 1359 of the Official Public Records of Real Property of Harris
639	639	County, Texas, said 2.141 acre tract being more particularly
640	640	described by metes and bounds as follows, with the basis of bearings
641	641	being the deed calls for said 2.1405 acre tract:
642	642	BEGINNING at a 3-inch galvanized pipe fence post marking the
643	643	southeast corner of said 2.1405 acre tract, and also being the
644	644	intersection of the northeast right-of-way line of Clinton Drive
645	645	(120 foot width) and the northwest right-of-way line of Kress
646	646	Street (80 foot width - unimproved};
647	647	THENCE North 71 deg. 10 min. 3O sec. West, with the southwest line
648	648	of said 2.1405 acre tract, some being the said northeast right- of-
649	649	way line of Clinton Drive, a distance of 375.00 feet to a 5/8-inch
650	650	iron rod with cap {stamped "Weisser Eng., Houston, TX") set marking
651	651	the southwest comer of said 2.1405 acre tract, some being the
652	652	southeast corner of that certain called 37,297.5 square foot tract
653	653	conveyed to The 117 Corporation, described in Deed filed under
654	654	County Clerk's File No. D242296, Film Code No. 124-21-0871 of said
655	655	Official Public Records, and from which a 3-inch galvanized pipe
656	656	fence post found bears South 67 deg. 03 min East, 0.91 feet;
657	657	THENCE North 18 deg. 49 min 30 sec. East, with the northwest line of
658	658	said 2.1405 acre tract, some being the southeast line of said
659	659	37,297.5 square foot tract. a distance of 248.65 feet to o 5/8-inch
660	660	iron rod found marking the northwest corner of so1d 2.1405 acre
661	661	tract, same being the northeast corner of said 37,297.5 square foot
662	662	tract, and being in the southwest line of the Southern Pacific
663	663	Railroad right-of-way;
664	664	THENCE South 71 deg, 10 min. 30 sec. East, with the northeast line
665	665	of said 2.1405 acre tract, same being the said southwest line of the
666	666	Southern Pacific Railroad right-of-way, o distance of 375.00 feet
667	667	to the northeast comer of said 2.1405 acre tract. same being the
668	668	northwest terminus of said Kress Street, from which a 5/8-inch iron
669	669	rod found bears South 28 deg. 29 min. East, 0.27 feet;
670	670	THENCE South 18 deg. 49 min. 30 sec. West, with the southeast
671	671	line of said 2.1405 acre tract, some being the said northwest
672	672	right-of-way line of Kress Street. a distance of 248.65 feet to the
673	673	POINT OF BEGINNING of 2.141 acres (93,244 square feet) Save and
674	674	except tract.
675	675	SECTION 3. (a) The legal notice of the intention to
676	676	introduce this Act, setting forth the general substance of this
677	677	Act, has been published as provided by law, and the notice and a
678	678	copy of this Act have been furnished to all persons, agencies,
679	679	officials, or entities to which they are required to be furnished
680	680	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
681	681	Government Code.
682	682	(b) The governor, one of the required recipients, has
683	683	submitted the notice and Act to the Texas Commission on
684	684	Environmental Quality.
685	685	(c) The Texas Commission on Environmental Quality has filed
686	686	its recommendations relating to this Act with the governor,
687	687	lieutenant governor, and speaker of the house of representatives
688	688	within the required time.
689	689	(d) The general law relating to consent by political
690	690	subdivisions to the creation of districts with conservation,
691	691	reclamation, and road powers and the inclusion of land in those
692	692	districts has been complied with.
693	693	(e) All requirements of the constitution and laws of this
694	694	state and the rules and procedures of the legislature with respect
695	695	to the notice, introduction, and passage of this Act have been
696	696	fulfilled and accomplished.
697	697	SECTION 4. This Act takes effect immediately if it receives
698	698	a vote of two-thirds of all the members elected to each house, as
699	699	provided by Section 39, Article III, Texas Constitution. If this
700	700	Act does not receive the vote necessary for immediate effect, this
701	701	Act takes effect September 1, 2017.
702	702
703	703	Pos. No. Name of Director
704	704
705	705	1 Terri Almendarez
706	706
707	707	2 Ana Gonzalez
708	708
709	709	3 Linda Andrade
710	710
711	711	4 Ernesto Cantu
712	712
713	713	5 Pedro Diaz
714	714
715	715	6 Joshua Santana
716	716
717	717	7 Bryan Gallagher