Texas 2017 - 85th Regular

Texas House Bill HB4282 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~85R18817~~ JCG-F
	1	+	85R3587 JCG-F
2	2		By: Bell H.B. No. 4282
3		-	Substitute the following for H.B. No. 4282:
4		-	By: Perez C.S.H.B. No. 4282
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the powers, duties, and governance of the Westwood
10	8		Magnolia Parkway Improvement District; authorizing assessments.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 1(a), Chapter 323, Acts of the 78th
13	11		Legislature, Regular Session, 2003, is amended to read as follows:
14	12		(a) The Westwood Magnolia Parkway [Southwest Montgomery
15	13		County] Improvement District is created as a special district in
16	14		Montgomery County under Section 59, Article XVI, Texas
17	15		Constitution.
18	16		SECTION 2. Section 2, Chapter 323, Acts of the 78th
19	17		Legislature, Regular Session, 2003, is amended to read as follows:
20	18		Sec. 2. DEFINITIONS. In this Act:
21	19		(1) "Board" means the board of directors of the
22	20		district.
23	21		(2) "Commission" means the Texas Commission on
24	22		Environmental Quality.
25	23		(3) "County" means Montgomery County, Texas.
26	24		(4) "District" means the Westwood Magnolia Parkway
27	25		[Southwest Montgomery County] Improvement District.
28	26		(5) [(4)] "Planned community" means a planned
29	27		community of 15,000 or more acres of land originally established
30	28		under the federal Urban Growth and New Community Development Act of
31	29		1970 (42 U.S.C. Section 4501 et seq.) that is subject to restrictive
32	30		covenants containing ad valorem based assessments.
33	31		SECTION 3. Sections 3(a) and (b), Chapter 323, Acts of the
34	32		78th Legislature, Regular Session, 2003, are amended to read as
35	33		follows:
36	34		(a) The creation of the district is essential to accomplish
37	35		the purposes of Sections [Section] 52 and 52-a, Article III, and
38	36		Section 59, Article XVI, Texas Constitution, and other public
39	37		purposes stated in this Act.
40	38		(b) The creation of the district is necessary to promote,
41	39		develop, encourage, and maintain employment, commerce, economic
42	40		development, and the public welfare in a [the southwest] portion of
43	41		Montgomery County.
44	42		SECTION 4. Chapter 323, Acts of the 78th Legislature,
45	43		Regular Session, 2003, is amended by adding Section 4A to read as
46	44		follows:
47	45		Sec. 4A. DISTRICT TERRITORY. The district's territory
48	46		includes the following described territory:
49	47		Reserves "A" and "D" and Lots 39-92 of Block 1, Lots 55-79 of
50	48		Block 5, Lot 4 of Block 7, and Lots 12-25 of Block 8 of Westwood One,
51	49		a subdivision of record in Cabinet B, Sheets 62A-64B, Map Records of
52	50		Montgomery County, Texas (M.C.M.R.);
53	51		Lots 1-48 and 69-81 of Block 1, Lots 1-3 of Block 3, Lots 1-4
54	52		of Block 4, Lots 1-4 of Block 5, Lots 1-5 of Block 6, Lots 1-5,
55	53		31-35, 38-39, and 65 of Block 7, Lots 1-6 of Block 8, Lots 1-6 of
56	54		Block 9, Lots 30-57 of Block 10, Lots 13-33 of Block 11, and Lots
57	55		1-15 of Block 12 of Westwood Two, a subdivision of record in Cabinet
58	56		B, Sheets 103A-107A, M.C.M.R.;
59	57		Lots 38-85 of Block 1, Lots 38 and 39 of Block 6, Lots 1, 2,
60	58		160, and 161 of Block 9, and Lots 1-33 of Block 12 of Westwood Three,
61	59		a subdivision of record in Cabinet B, Sheets 157A-159A, M.C.M.R.;
62	60		Lots 1-18 of Block 1 and Lots 1-10 of Block 9 of Westwood
63	61		Four, a subdivision of record in Cabinet C, Sheets 25A-25B,
64	62		M.C.M.R.;
65	63		All of Reserves "A", "B", and "C" of Kroger Store No. 389, a
66	64		subdivision of record under Cabinet V, Sheets 183 and 184,
67	65		M.C.M.R.;
68	66		All of Reserves "A" through "I" of West Village, a
69	67		subdivision of record in Cabinet Z, Sheets 594-597, M.C.M.R.;
70	68		Being all of the following tracts of land described as
71	69		follows:
72	70		TRACT ONE
73	71		BEGINNING at the southwest corner of that certain called
74	72		2.971 acre tract described as Tract I, in the deed from Hay S. Wong
75	73		to Karen Lee Thornton, by instrument of record under File Number
76	74		2003-148372, in the Official Public Records of Real Property of
77	75		Montgomery County, Texas (M.C.O.P.R.R.P.), said point being on the
78	76		north right-of-way line of FM 1488 (width varies);
79	77		Thence, Northerly along the west line of said 2.971 acre
80	78		tract, to the northwest corner of said 2.971 acre tract;
81	79		Thence, Easterly along the north line of said 2.971 acre
82	80		tract, the north line of the 2.926 acre tract described in the deed
83	81		from Lillian F. Beaman, Trustee to Steven L. Crews, et ux., by
84	82		instrument of record under File Number 2001-045818,
85	83		M.C.O.P.R.R.P., the north line of the 0.975 acre tract described in
86	84		the deed from Steven L. Crews, et al. to Thai Ocha, Inc., by
87	85		instrument of record under File Number 2003-128027,
88	86		M.C.O.P.R.R.P., the north line of the 1.72 acre tract described in
89	87		the deed from Bow Toy to Daniel P. Morrison, M.D., by instrument of
90	88		record under Volume 1163, Page 105, in the Deed Records of
91	89		Montgomery County, Texas, the north line of the 2.897 acre tract
92	90		described in the deed from Bow Toy, et ux., to Mary Anna Toy, by
93	91		instrument of record under File Number 9110997, M.C.O.P.R.R.P., the
94	92		north line of the 1.433 acre tract described as Tract I in the deed
95	93		from Theresa C. Queng to See Yeut Ming, by instrument of record
96	94		under File Number 2005-037291, M.C.O.P.R.R.P., the north line of
97	95		the 0.5730 acre tract described in the deed from David Lee to 1488
98	96		Del Sul Investments, by instrument of record under File Number
99	97		2005-023510, M.C.O.P.R.R.P., the north line of the 0.5730 acre
100	98		tract described in the deed from Mary Susan Botkin to 1488 Del Sul
101	99		Investments, L.P., by instrument of record under File Number
102	100		2004-123177, M.C.O.P.R.R.P., the north line of the 0.8626 acre
103	101		tract described in the deed from Karen Lee Thornton, et al. to 1488
104	102		Del Sul Investments, L.P., by instrument of record under File
105	103		Number 2004-129630, M.C.O.P.R.R.P., the north line of Lot C-3
106	104		described in the deed from The Estate of Richard Lee to Karen Lee
107	105		Thornton, by instrument of record under File Number 99012443,
108	106		M.C.O.P.R.R.P., the north line of the 1.0 acre tract described in
109	107		the deed from Michael R. Pugh, et al. to CHBC Inc., by instrument of
110	108		record under File Number 2001-104753, M.C.O.P.R.R.P., the north
111	109		line of the 1.00 acre tract described in the deed from Michael R.
112	110		Pugh, et al. to George D. Cowger, et ux., by instrument of record
113	111		under File Number 9755259, M.C.O.P.R.R.P., and the north line of
114	112		the 0.816 acre tract described in the deed from Michael R. Pugh, et
115	113		al. to Dewaine Collom, by instrument of record under File Number
116	114		9803155, M.C.O.P.R.R.P., to the northeast corner of said 0.816 acre
117	115		tract, common to the northwest corner of Reserve "C" of Forest West,
118	116		Section One, a subdivision of record under Cabinet P, Sheets
119	117		156-158, Map Records of Montgomery County, Texas (M.C.M.R.);
120	118		Thence, Southerly along the west line of said Reserve "C", to
121	119		the southwest corner of said Reserve "C", to a point on the north
122	120		right-of-way line of said F.M. 1488;
123	121		Thence, Westerly along the north right-of-way line of FM 1488
124	122		to the POINT OF BEGINNING.
125	123		TRACT TWO
126	124		All of the following described lands, BEGINNING at the
127	125		southeast corner of Reserve "B", of Forest West, Section One, a
128	126		subdivision of record under Cabinet P, Sheets 156-158, Map Records
129	127		of Montgomery County, Texas (M.C.M.R.);
130	128		Thence, Northerly along the most southerly east line of said
131	129		Reserve "B" to the most southerly southwest corner of Windcrest
132	130		Estates, Section One, a subdivision of record under Cabinet H,
133	131		Sheets 195A-1958, M.C.M.R.;
134	132		Thence, Easterly along the south line of said Windcrest
135	133		Estates, Section One, to the southeast corner of said Windcrest
136	134		Estates, Section One, said point being on the west right-of-way
137	135		line of Honea-Egypt Road (width varies) (FM 2978);
138	136		Thence, along said west right-of-way line of said Honea-Egypt
139	137		Road to the intersection of the west right-of-way line of said
140	138		Honea-Egypt Road and the north right-of-way line of FM 1488 (width
141	139		varies);
142	140		Thence, Westerly along the north right-of-way line of FM 1488
143	141		to the POINT OF BEGINNING.
144	142		TRACT THREE
145	143		Being a 1.961 acre tract (calculated) being all of that
146	144		certain called 0.254 acre Restricted Commercial Reserve "A" of
147	145		Powell Plaza 111, a subdivision of record in Cabinet Z, Sheets 805,
148	146		Map Records of Montgomery County, Texas (M.C.M.R.), and being a
149	147		portion of that certain 1.168 (tract 1) and 0.9880 (tract 2)
150	148		described in the deed dated July 17, 2003, conveyed from Toby Powell
151	149		and wife, Vanessa Powell to Powell Plaza, L.L.C. by an instrument of
152	150		record under File Number 2003-088540, M.C.O.P.R.R.P., more
153	151		particularly described as follows:
154	152		BEGINNING at the southeast corner of said 0.9880 acre tract,
155	153		said point being the southwest corner of the residue of that certain
156	154		called 0.4848 acre tract conveyed to First Bank of Conroe, N.A. by
157	155		an instrument of record under File Number 2000-034432,
158	156		M.C.O.P.R.R.P.;
159	157		Thence, along the south line of said 0.9880 acre tract to the
160	158		southwest corner of said 0.9880 acre tract, said point being on the
161	159		east line of said 1.168 acre tract;
162	160		Thence, along the east line of said 1.168 acre tract to the
163	161		southeast corner of said 1.168 acre tract;
164	162		Thence, along the south line of said 1.168 acre tract to the
165	163		southwest corner of said 1. i 68 acre tract, said point being on the
166	164		east line of Reserve "A" of West Village, a subdivision of record in
167	165		Cabinet Z, Sheet 594, M.C.M.R.;
168	166		Thence, along the west line of said 1.168 acre tract and the
169	167		east line of said Reserve "A" of said West Village subdivision to
170	168		the southerly right-of-way line of FM 1488 as described in File
171	169		Numbers 2005-088763 and 2006-120899, M.C.O.P.R.R.P.;
172	170		Thence, along the south right-of-way line of said FM 1488 as
173	171		described in File Number 2006-120899, M.C.O.P.R.R.P. to a point for
174	172		corner on the east line of said 0.9880 acre tract and the west line
175	173		of the aforementioned 0.4848 acre tract;
176	174		Thence, along the east line of said 0.9880 acre tract and the
177	175		west line of said 0.4848 acre tract to the POINT OF BEGINNING of the
178	176		herein described tract of land.
179	177		TRACT FOUR
180	178		Being a 11.79 acre tract of land, located in the Dickinson
181	179		Garrett Survey, A-225, Montgomery County, Texas, being all of
182	180		Tracts 1 and 2 of FOREST WEST (an unrecorded subdivision), more
183	181		particularly being and all of that certain called 7.998 acre tract
184	182		(described as all of Tract 2 and a portion of Tract 1 of said FOREST
185	183		WEST) conveyed from Magnolia Circle properties, LTD. to HEB Grocery
186	184		Company, LP by an instrument of record under Document Number
187	185		2015009422, of the Official Public Records of Real Property of
188	186		Montgomery County, Texas (M.C.O.P.R.) and a portion of that certain
189	187		called 6.164 acre tract (described as a portion of Tract 1 of said
190	188		FOREST WEST) conveyed from First American Residential, L.L.C to HEB
191	189		Grocery Company, LP by an instrument of record under Document
192	190		Number 2015000626, M.C.O.P.R., more particularly described by
193	191		metes and bounds as follows (Bearings based on Texas Coordinate
194	192		System, Central Zone, NAD83, 1993 Adjustment):
195	193		COMMENCING at the north end of the northwest right-of-way
196	194		cutback corner at the intersection of Farm To Market 1488 (FM 1488)
197	195		(150' wide), as described under Volume 381, Page 489-491, of the
198	196		Deed Records of Montgomery County, Texas and File Number
199	197		2007-090725, of the Official Public Records of Real Property of
200	198		Montgomery County, Texas, and Magnolia Circle (60' wide), said
201	199		point being the northerly southeast corner of said 6.164 acre
202	200		tract;
203	201		Thence, North 03° 19' 15" West, along the east line of said
204	202		6.164 acre tract, common to the west line of said Magnolia Circle
205	203		Drive, 179.89 feet to the southeast corner and POINT OF BEGINNING of
206	204		the herein described tract, said point being the common east corner
207	205		of said Tract 1 and Tract "A" of the aforesaid FOREST WEST;
208	206		Thence, South 89° 48' 46" West, departing the east line of
209	207		said 6.164 acre tract and along the common line of said Tract "A"
210	208		and Tract 1, 519.00 feet to an angle point on the west line of said
211	209		6.164 acre tract, said point being the common west corner of said
212	210		Tract "A" and Tract 1, said point being the southwest corner of the
213	211		herein described tract;
214	212		Thence, North 03° 19' 15" West, along the west line of said
215	213		6.164 acre tract, common to the west line of aforesaid Tract 1, at
216	214		304.51 feet pass the common west corner of said 6.164 acre tract and
217	215		the aforesaid 7.998 acre tract, continuing along the west line of
218	216		said 7.998 acre tract, at 556.51 feet pass the common west corner of
219	217		said Tract 1 and the aforesaid Tract 2, continuing along the west
220	218		line of said 7.998 acre tract, common to the west line of said Tract
221	219		2 in all a total distance of 976.81 feet to the northwest corner of
222	220		the herein described tract, the northwest corner of said 7.998 acre
223	221		tract, and the common west corner of said Tract 2 and Tract 3 of
224	222		aforesaid FOREST WEST, said Tract 3 being all of that certain called
225	223		15.000 acre tract (described as Tract Two) conveyed from Issa S.
226	224		Fallaha to Rima Fallaha by an instrument of record under File Number
227	225		99097061, M.C.O.P.R.R.P.;
228	226		Thence, North 86° 40' 45" East, along the north line of said
229	227		7.998 acre tract, the south line of said 15.000 acre tract, and
230	228		along the common line of said Tract 2 and said Tract 3, 518.20 feet
231	229		to the northeast corner of the herein described tract, the
232	230		northeast corner of said 7.998 acre tract, the southeast corner of
233	231		said 15.000 acre tract, and the common east corner of said Tract 2
234	232		and Tract 3, said point being on the west right-of-way line of
235	233		aforesaid Magnolia Circle;
236	234		Thence, South 03° 19' 15" East, along the east line of said
237	235		7.998 acre tract, common to the east line of said Tract 2, and said
238	236		west right-of-way line, at 420.41 feet pass the common east corner
239	237		of said Tract 1 and Tract 2, continuing along the east line of said
240	238		7.998 acre tract, common to said west right-of-way line and the east
241	239		line of said Tract 1, in all a total distance of 672.30 feet to the
242	240		common east corner of said 7.998 acre tract and the aforesaid 6.164
243	241		acre tract;
244	242		Thence, South 03° 19' 29" East, along the east line of said
245	243		6.164 acre tract, common to the east line of said Tract 1 and the
246	244		west right-of-way line of said Magnolia Circle, 332.88 feet to the
247	245		POINT OF BEGINNING of the herein described tract and containing
248	246		11.79 acres of land, more or less.
249	247		SECTION 5. Section 5, Chapter 323, Acts of the 78th
250	248		Legislature, Regular Session, 2003, is amended to read as follows:
251	249		Sec. 5. FINDINGS RELATING TO BOUNDARIES. The boundaries and
252	250		field notes of the district as described by Section 4A of this Act
253	251		form a closure. A mistake in the field notes or in copying the field
254	252		notes in the legislative process does not in any way affect the
255	253		district's:
256	254		(1) organization, existence, or validity;
257		-	(2) right to enter any type of contract for a purpose
	255	+	(2) right to enter any type of contract for the purpose
258	256		for which the district is created;
259	257		(3) right to impose or collect an assessment or tax; or
260	258		(4) legality or operation.
261	259		SECTION 6. Section 6(b), Chapter 323, Acts of the 78th
262	260		Legislature, Regular Session, 2003, is amended to read as follows:
263	261		(b) All land and other property in the district will benefit
264	262		from the improvements and services to be provided by the district
265	263		under powers conferred by Sections [Section] 52 and 52-a, Article
266	264		III, and Section 59, Article XVI, Texas Constitution, and other
267	265		powers granted under this Act.
268	266		SECTION 7. Section 9, Chapter 323, Acts of the 78th
269	267		Legislature, Regular Session, 2003, is amended to read as follows:
270	268		Sec. 9. BOARD OF DIRECTORS. (a) Except as provided by this
271	269		section [Section 14 of this Act], the district is governed by a
272	270		board of five [11] directors who serve staggered terms of four years
273	271		with two or three directors' terms expiring on June 1 of each
274	272		odd-numbered year.
275	273		(b) [Except as provided by Section 14 of this Act, six
276	274		directors are elected by the voters of the district at large.] Five
277	275		directors are appointed as follows from persons recommended by the
278	276		board:
279	277		(1) two directors appointed by the county commissioner
280	278		of County Commissioners Precinct No. 2 [one director appointed by
281	279		the governing body of the City of Magnolia];
282	280		(2) [one director appointed by the governing body of
283	281		the City of Stagecoach;
284	282		[(3)] one director appointed by the governing body of
285	283		the City of Conroe;
286	284		(3) [(4)] one director appointed by the governing body
287	285		of the Magnolia Independent School District; and
288	286		(4) [(5)] one director appointed by the county
289	287		commissioners court [Montgomery County Commissioners Court].
290	288		(c) The board by resolution may change the number of
291	289		directors on the board if:
292	290		(1) the county commissioners court consents to the
293	291		change in the number of directors;
294	292		(2) the board determines that the change is in the best
295	293		interest of the district; and
296	294		(3) the board designates in the resolution a governing
297	295		body of a political subdivision of this state to appoint from
298	296		persons recommended by the board the director for a new director
299	297		position established under this subsection.
300	298		(d) The board may not consist of fewer than five or more than
301	299		nine directors.
302	300		(e) To be eligible to serve as a director, a person must be
303	301		at least 18 years old[, a resident of the district,] and:
304	302		(1) an owner of real property in the district;
305	303		(2) an owner, whether beneficial or otherwise, of at
306	304		least 10 percent of the outstanding stock of a corporate owner of
307	305		real property in the district or of a corporate lessee of real
308	306		property in the district with a lease term of five years or more
309	307		measured from the date of appointment or election, excluding
310	308		options;
311	309		(3) an owner of at least 10 percent of the beneficial
312	310		interest in a trust that:
313	311		(A) owns real property in the district; or
314	312		(B) leases real property in the district under an
315	313		original lease term of five years or more measured from the date of
316	314		appointment or election, excluding options;
317	315		(4) a lessee of real property in the district under an
318	316		original lease term of five years or more, excluding options;
319	317		(5) an owner of at least 10 percent of the outstanding
320	318		interest in a general or limited partnership that:
321	319		(A) owns real property in the district; or
322	320		(B) leases real property in the district under an
323	321		original lease term of five years or more measured from the date of
324	322		appointment or election, excluding options; or
325	323		(6) an agent, employee, officer, or director of any
326	324		individual, corporation, trust, or partnership that owns or leases
327	325		real property described by Subdivision (1), (2), (3), (4), or (5) of
328	326		this subsection who is designated by the owner or lessee to serve as
329	327		a director.
330	328		(f) [(d)] A person may not be appointed as a director under
331	329		Subsection (b) of this section if:
332	330		(1) the appointment would cause more than two [three]
333	331		members of the board to be an agent, employee, officer, or director
334	332		of the same individual, corporation, trust, or partnership that
335	333		owns or leases property in the district; or
336	334		(2) the proposed director serves on the board of
337	335		directors of a nonprofit organization, such as a homeowners
338	336		association or chamber of commerce, that serves any purpose similar
339	337		to those of the district, including economic development, and
340	338		serves a geographic territory that encompasses any part of the
341	339		district.
342	340		SECTION 8. Section 10(a), Chapter 323, Acts of the 78th
343	341		Legislature, Regular Session, 2003, is amended to read as follows:
344	342		(a) A vacancy in an appointed position is filled for the
345	343		remainder of the unexpired term by the appointment of a person
346	344		recommended by the board made by the entity that made the original
347	345		appointment. [A vacancy in an elected position is filled by the
348	346		remaining members of the board for the unexpired term.]
349	347		SECTION 9. Chapter 323, Acts of the 78th Legislature,
350	348		Regular Session, 2003, is amended by adding Sections 11A and 11B to
351	349		read as follows:
352	350		Sec. 11A. QUORUM. For purposes of determining a quorum of
353	351		the board, the following are not counted:
354	352		(1) a board position vacant for any reason, including
355	353		death, resignation, or disqualification; or
356	354		(2) a director who is abstaining from participation in
357	355		a vote because of a conflict of interest.
358	356		Sec. 11B. COMPENSATION. A director is entitled to receive
359	357		fees of office and reimbursement for actual expenses as provided by
360	358		Section 49.060, Water Code. Sections 375.069 and 375.070, Local
361	359		Government Code, do not apply to the board.
362	360		SECTION 10. Section 13, Chapter 323, Acts of the 78th
363	361		Legislature, Regular Session, 2003, is amended to read as follows:
364	362		Sec. 13. REMOVAL OF DIRECTOR. On petition of at least
365	363		two-thirds of the remaining directors, a governing body or person
366	364		that appointed a director to the [The] board, after notice and
367	365		hearing, may remove the [a] director for:
368	366		(1) misconduct;
369	367		(2) [or] failure to carry out the director's duties;
370	368		or
371	369		(3) failure to attend three consecutive meetings [by
372	370		vote of not less than 75 percent of the remaining directors].
373	371		SECTION 11. Section 18(b), Chapter 323, Acts of the 78th
374	372		Legislature, Regular Session, 2003, is amended to read as follows:
375	373		(b) A project authorized under this section may include:
376	374		(1) landscaping, lighting, banners, signs, streets or
377	375		sidewalks, hike and bike paths and trails, pedestrian walkways,
378	376		skywalks, crosswalks or tunnels, and highway right-of-way or
379	377		transit corridor beautification and improvements;
380	378		(2) drainage or storm water detention improvements and
381	379		solid waste, water, sewer, telecommunications infrastructure, or
382	380		power facilities and services, including electrical, gas, steam,
383	381		and chilled water facilities;
384	382		(3) parks, lakes, gardens, recreational facilities,
385	383		open space, scenic areas, and related exhibits and preserves,
386	384		fountains, plazas, and pedestrian malls, public art and sculpture
387	385		and related exhibits and facilities, and educational and cultural
388	386		exhibits and facilities;
389	387		(4) conferences, conventions, or exhibitions,
390	388		manufacturer, consumer, or trade shows, civic, community, or
391	389		institutional events, exhibits, displays, attractions and
392	390		facilities for special events, holidays, and seasonal or cultural
393	391		celebrations;
394	392		(5) off-street parking facilities, bus terminals,
395	393		heliports, mass-transit, and roadway-borne or water-borne
396	394		transportation and people-mover systems; and
397	395		(6) any other public improvements, facilities, or
398	396		services authorized under this Act or Chapter 375, Local Government
399	397		Code [similar to the projects described in this subsection].
400	398		SECTION 12. Chapter 323, Acts of the 78th Legislature,
401	399		Regular Session, 2003, is amended by adding Sections 19A, 19B, 19C,
402	400		19D, and 19E to read as follows:
403	401		Sec. 19A. TAX AND ASSESSMENT ABATEMENTS. The district may
404	402		designate reinvestment zones and may grant abatements of district
405	403		taxes or assessments on property within such zones.
406	404		Sec. 19B. DISBURSEMENTS AND TRANSFERS OF MONEY. The board
407	405		by resolution shall establish the number of directors' signatures
408	406		and the procedure required for a disbursement or transfer of
409	407		district money.
410	408		Sec. 19C. MONEY USED FOR IMPROVEMENTS OR SERVICES. The
411	409		district may acquire, construct, finance, operate, or maintain any
412	410		improvement or service authorized under this Act or Chapter 375,
413	411		Local Government Code, using any money available to the district.
414	412		Sec. 19D. PETITION REQUIRED FOR FINANCING SERVICES AND
415	413		IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
416	414		service or improvement project with assessments under this Act
417	415		unless a written petition requesting that service or improvement
418	416		has been filed with the board.
419	417		(b) A petition filed under Subsection (a) of this section
420	418		must be signed by the owners of a majority of the assessed value of
421	419		real property in the district subject to assessment according to
422	420		the most recent certified tax appraisal roll for the county.
423	421		Sec. 19E. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board
424	422		by resolution may impose and collect an assessment for any purpose
425	423		authorized by this Act in all or any part of the district.
426	424		(b) An assessment, a reassessment, or an assessment
427	425		resulting from an addition to or correction of the assessment roll
428	426		by the district, penalties and interest on an assessment or
429	427		reassessment, an expense of collection, and reasonable attorney's
430	428		fees incurred by the district:
431	429		(1) are a first and prior lien against the property
432	430		assessed;
433	431		(2) are superior to any other lien or claim other than
434	432		a lien or claim for county, school district, or municipal ad valorem
435	433		taxes; and
436	434		(3) are the personal liability of and a charge against
437	435		the owners of the property even if the owners are not named in the
438	436		assessment proceedings.
439	437		(c) The lien is effective from the date of the board's
440	438		resolution imposing the assessment until the date the assessment is
441	439		paid. The board may enforce the lien in the same manner that the
442	440		board may enforce an ad valorem tax lien against real property.
443	441		(d) The board may make a correction to or deletion from the
444	442		assessment roll that does not increase the amount of assessment of
445	443		any parcel of land without providing notice and holding a hearing in
446	444		the manner required for additional assessments.
447	445		SECTION 13. Chapter 323, Acts of the 78th Legislature,
448	446		Regular Session, 2003, is amended by adding Sections 23A, 23B, 23C,
449	447		23D, and 23E to read as follows:
450	448		Sec. 23A. DEVELOPMENT CORPORATION POWERS. The district,
451	449		using money available to the district, may exercise the powers
452	450		given to a development corporation under Chapter 505, Local
453	451		Government Code, including the power to own, operate, acquire,
454	452		construct, lease, improve, or maintain a project that may be
455	453		undertaken in accordance with that chapter.
456	454		Sec. 23B. NONPROFIT CORPORATION. (a) The board by
457	455		resolution may authorize the creation of a nonprofit corporation to
458	456		assist and act for the district in implementing a project or
459	457		providing a service authorized by this Act.
460	458		(b) The nonprofit corporation:
461	459		(1) has each power of and is considered to be a local
462	460		government corporation created under Subchapter D, Chapter 431,
463	461		Transportation Code; and
464	462		(2) may implement any project and provide any service
465	463		authorized by this Act.
466	464		(c) The board shall appoint the board of directors of the
467	465		nonprofit corporation. The board of directors of the nonprofit
468	466		corporation shall serve in the same manner as the board of directors
469	467		of a local government corporation created under Subchapter D,
470	468		Chapter 431, Transportation Code, except that a board member is not
471	469		required to reside in the district.
472	470		Sec. 23C. AGREEMENTS; GRANTS. (a) As provided in Chapter
473	471		375, Local Government Code, the district may make an agreement with
474	472		or accept a gift, grant, or loan from any person.
475	473		(b) The implementation of a project is a governmental
476	474		function or service for the purposes of Chapter 791, Government
477	475		Code.
478	476		Sec. 23D. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
479	477		district may join and pay dues to a charitable or nonprofit
480	478		organization that performs a service or provides an activity
481	479		consistent with the furtherance of a district purpose.
482	480		Sec. 23E. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district
483	481		may engage in activities that accomplish the economic development
484	482		purposes of the district.
485	483		(b) The district may establish and provide for the
486	484		administration of one or more programs to promote state or local
487	485		economic development and to stimulate business and commercial
488	486		activity in the district, including programs to:
489	487		(1) make loans and grants of public money; and
490	488		(2) provide district personnel and services.
491	489		(c) The district may create economic development programs
492	490		and exercise the economic development powers provided to
493	491		municipalities by:
494	492		(1) Chapter 380, Local Government Code; and
495	493		(2) Subchapter A, Chapter 1509, Government Code.
496	494		SECTION 14. Chapter 323, Acts of the 78th Legislature,
497	495		Regular Session, 2003, is amended by adding Section 25A to read as
498	496		follows:
499	497		Sec. 25A. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All
500	498		or any part of the area of the district is eligible to be included
501	499		in:
502	500		(1) a tax increment reinvestment zone created under
503	501		Chapter 311, Tax Code;
504	502		(2) a tax abatement reinvestment zone created under
505	503		Chapter 312, Tax Code;
506	504		(3) an enterprise zone created under Chapter 2303,
507	505		Government Code; or
508	506		(4) an industrial district created under Chapter 42,
509	507		Local Government Code.
510	508		SECTION 15. Section 26(c), Chapter 323, Acts of the 78th
511	509		Legislature, Regular Session, 2003, is amended to read as follows:
512	510		(c) The district may adopt, reduce, or repeal the limited
513	511		sales and use tax authorized by this section at an election in which
514	512		a majority of the voters of the district voting in the election
515	513		approve the adoption or the abolition of the tax, as applicable. The
516	514		board may set the tax at any rate of up to two percent in increments
517	515		of one-eighth of one percent except that the tax may not be imposed
518	516		at a rate that would cause the combined tax rate of all local sales
519	517		and use taxes in any location in the district to exceed two percent.
520	518		If as a result of the imposition or increase in a sales and use tax
521	519		by the district in an area in which there is located all or part of a
522	520		political subdivision that has adopted a sales and use tax or as a
523	521		result of the annexation by the district of all or part of the
524	522		territory in a political subdivision that has adopted a sales and
525	523		use tax the overlapping local sales and use taxes in the area will
526	524		exceed a total of two percent, the district's sales and use tax is
527	525		automatically reduced in that area to a rate that when added to the
528	526		combined rate of local sales and use taxes will equal two percent.
529	527		SECTION 16. Chapter 323, Acts of the 78th Legislature,
530	528		Regular Session, 2003, is amended by adding Section 27A to read as
531	529		follows:
532	530		Sec. 27A. AUTHORITY TO BORROW MONEY. The district may
533	531		borrow money on terms as determined by the board. Section 375.205,
534	532		Local Government Code, does not apply to a loan, line of credit, or
535	533		other borrowing from a bank or financial institution secured by
536	534		revenue other than ad valorem taxes.
537	535		SECTION 17. Section 28(c), Chapter 323, Acts of the 78th
538	536		Legislature, Regular Session, 2003, is amended to read as follows:
539	537		(c) To pay for any district purpose authorized by law, and
540	538		in [In] addition to the sources of money described by Subchapter J,
541	539		Chapter 375, Local Government Code, the bonds of the district may be
542	540		secured and made payable, wholly or partly, by a pledge of any part
543	541		of any source of money for the district, including:
544	542		(1) sales and use taxes;
545	543		(2) assessments;
546	544		(3) impact fees;
547	545		(4) revenue;
548	546		(5) contract payments; or
549	547		(6) grants [the net proceeds the district receives
550	548		from a specified portion of the sales and use tax authorized by this
551	549		Act].
552	550		SECTION 18. REPEAL. The following provisions of Chapter
553	551		323, Acts of the 78th Legislature, Regular Session, 2003, are
554	552		repealed:
555	553		(1) Section 4;
556	554		(2) Section 10(b);
557	555		(3) Section 11;
558	556		(4) Section 15;
559	557		(5) Section 16;
560	558		(6) Section 19; and
561	559		(7) Section 23.
562		-	SECTION 19. (a) As soon as practicable after the effective
563		-	date of this Act, each officer or governing body authorized to
564		-	appoint a director of the Westwood Magnolia Parkway Improvement
565		-	District's board of directors under Section 9(b), Chapter 323, Acts
566		-	of the 78th Legislature, Regular Session, 2003, as amended by this
567		-	Act, shall appoint one or more directors to the board as provided by
568		-	that section.
569		-	(b) The term of each elected or appointed director of the
	560	+	SECTION 19. (a) An elected or appointed director of the
570	561		Westwood Magnolia Parkway Improvement District's board of
571		-	directors who is serving on September 1, 2017, expires on the date
572		-	all of the five directors appointed under Subsection (a) of this
573		-	section have qualified.
574		-	(c) The directors appointed under Subsection (a) of this
575		-	section shall draw lots to determine which two shall serve two-year
576		-	terms and which three shall serve four-year terms.
577		-	(d) This section expires January 2, 2025.
	562	+	directors who is serving on September 1, 2017, continues to serve
	563	+	until the expiration of the director's term. If the position of a
	564	+	director who is serving on that date subsequently becomes vacant
	565	+	before the expiration of the director's term, the vacancy shall be
	566	+	filled in the same manner as Section 10, Chapter 323, Acts of the
	567	+	78th Legislature, Regular Session, 2003, provided immediately
	568	+	before September 1, 2017.
	569	+	(b) On the expiration of the terms of the directors who are
	570	+	continuing to serve on September 1, 2017, as described by
	571	+	Subsection (a) of this section, the county commissioner serving for
	572	+	County Commissioners Precinct No. 2 for the Montgomery County
	573	+	Commissioners Court shall appoint two members in the manner
	574	+	provided by Section 9, Chapter 323, Acts of the 78th Legislature,
	575	+	Regular Session, 2003, as amended by this Act.
	576	+	(c) This section expires January 2, 2025.
578	577		SECTION 20. (a) The legislature validates and confirms all
579	578		acts and proceedings of the board of directors of the Westwood
580	579		Magnolia Parkway Improvement District that were taken before the
581	580		effective date of this Act.
582	581		(b) Subsection (a) of this section does not apply to any
583	582		matter that on the effective date of this Act:
584	583		(1) is involved in litigation if the litigation
585	584		ultimately results in the matter being held invalid by a final
586	585		judgment of a court; or
587	586		(2) has been held invalid by a final judgment of a
588	587		court.
589	588		SECTION 21. (a) The legal notice of the intention to
590	589		introduce this Act, setting forth the general substance of this
591	590		Act, has been published as provided by law, and the notice and a
592	591		copy of this Act have been furnished to all persons, agencies,
593	592		officials, or entities to which they are required to be furnished
594	593		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
595	594		Government Code.
596	595		(b) The governor, one of the required recipients, has
597	596		submitted the notice and Act to the Texas Commission on
598	597		Environmental Quality.
599	598		(c) The Texas Commission on Environmental Quality has filed
600	599		its recommendations relating to this Act with the governor, the
601	600		lieutenant governor, and the speaker of the house of
602	601		representatives within the required time.
603	602		(d) All requirements of the constitution and laws of this
604	603		state and the rules and procedures of the legislature with respect
605	604		to the notice, introduction, and passage of this Act are fulfilled
606	605		and accomplished.
607	606		SECTION 22. This Act takes effect September 1, 2017.