Texas 2017 - 85th Regular

Texas House Bill HB4299 Compare Versions

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

Old	New	Differences
1	1	85R10736 SMT-F
2	2	By: Phelan H.B. No. 4299
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Port Neches Improvement 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 3956 to read as follows:
13	13	CHAPTER 3956. PORT NECHES IMPROVEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3956.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Port Neches.
18	18	(3) "County" means Jefferson County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Port Neches Improvement
21	21	District.
22	22	Sec. 3956.002. NATURE OF DISTRICT. The Port Neches
23	23	Improvement District is a special district created under Section
24	24	59, Article XVI, Texas Constitution.
25	25	Sec. 3956.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing the city, the
30	30	county, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	(c) This chapter and the creation of the district may not be
40	40	interpreted to relieve the city or the county from providing the
41	41	level of services provided as of the effective date of the Act
42	42	enacting this chapter to the area in the district. The district is
43	43	created to supplement and not to supplant city or county services
44	44	provided in the district.
45	45	Sec. 3956.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
46	46	The district is created to serve a public use and benefit.
47	47	(b) All land and other property included in the district
48	48	will benefit from the improvements and services to be provided by
49	49	the district under powers conferred by Sections 52 and 52-a,
50	50	Article III, and Section 59, Article XVI, Texas Constitution, and
51	51	other powers granted under this chapter.
52	52	(c) The creation of the district is in the public interest
53	53	and is essential to further the public purposes of:
54	54	(1) developing and diversifying the economy of the
55	55	state;
56	56	(2) eliminating unemployment and underemployment; and
57	57	(3) developing or expanding transportation and
58	58	commerce.
59	59	(d) The district will:
60	60	(1) promote the health, safety, and general welfare of
61	61	residents, employers, potential employees, employees, visitors,
62	62	and consumers in the district, and of the public;
63	63	(2) provide needed funding for the district to
64	64	preserve, maintain, and enhance the economic health and vitality of
65	65	the district territory as a community and business center;
66	66	(3) promote the health, safety, welfare, and enjoyment
67	67	of the public by providing pedestrian ways and by landscaping and
68	68	developing certain areas in the district, which are necessary for
69	69	the restoration, preservation, and enhancement of scenic beauty;
70	70	(4) provide for road and recreational facilities for
71	71	the district; and
72	72	(5) provide for water, wastewater, drainage, canals,
73	73	waterways, bulkheads, docks, and other similar improvement
74	74	facilities for the district.
75	75	(e) Pedestrian ways along or across a street, whether at
76	76	grade or above or below the surface, and street lighting, street
77	77	landscaping, parking, and street art objects are parts of and
78	78	necessary components of a street and are considered to be a street
79	79	or road improvement.
80	80	(f) The district will not act as the agent or
81	81	instrumentality of any private interest even though the district
82	82	will benefit many private interests as well as the public.
83	83	Sec. 3956.005. DISTRICT TERRITORY. (a) The district is
84	84	initially composed of the territory described by Section 2 of the
85	85	Act enacting this chapter.
86	86	(b) The boundaries and field notes contained in Section 2 of
87	87	the Act enacting this chapter form a closure. A mistake in the
88	88	field notes or in copying the field notes in the legislative process
89	89	does not affect the district's:
90	90	(1) organization, existence, or validity;
91	91	(2) right to issue any type of bonds for the purposes
92	92	for which the district is created or to pay the principal of and
93	93	interest on the bonds;
94	94	(3) right to impose or collect an assessment or tax; or
95	95	(4) legality or operation.
96	96	Sec. 3956.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
97	97	All or any part of the area of the district is eligible to be
98	98	included in:
99	99	(1) a tax increment reinvestment zone created under
100	100	Chapter 311, Tax Code;
101	101	(2) a tax abatement reinvestment zone created under
102	102	Chapter 312, Tax Code;
103	103	(3) an enterprise zone created under Chapter 2303,
104	104	Government Code; or
105	105	(4) an industrial district created under Chapter 42,
106	106	Local Government Code.
107	107	Sec. 3956.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
108	108	DISTRICTS LAW. Except as otherwise provided by this chapter,
109	109	Chapter 375, Local Government Code, applies to the district.
110	110	Sec. 3956.008. LIBERAL CONSTRUCTION OF CHAPTER. This
111	111	chapter shall be liberally construed in conformity with the
112	112	findings and purposes stated in this chapter.
113	113	SUBCHAPTER B. BOARD OF DIRECTORS
114	114	Sec. 3956.051. GOVERNING BODY; TERMS. The district is
115	115	governed by a board of seven voting directors who serve staggered
116	116	terms of two years, with three or four directors' terms expiring
117	117	June 1 of each year.
118	118	Sec. 3956.052. ELIGIBILITY OF DIRECTORS. A person is
119	119	eligible to serve as a voting or nonvoting director only if the
120	120	person is eligible to register to vote under Section 13.001,
121	121	Election Code.
122	122	Sec. 3956.053. APPOINTMENT OF VOTING DIRECTORS. The
123	123	governing body of the city, including the mayor, shall appoint the
124	124	voting directors. A person is appointed if a majority of the
125	125	members of the governing body vote to appoint that person.
126	126	Sec. 3956.054. NONVOTING DIRECTORS. The board may appoint
127	127	nonvoting directors to serve at the pleasure of the voting
128	128	directors.
129	129	Sec. 3956.055. QUORUM. For purposes of determining the
130	130	requirements for a quorum of the board, the following are not
131	131	counted:
132	132	(1) a board position vacant for any reason, including
133	133	death, resignation, or disqualification;
134	134	(2) a director who is abstaining from participation in
135	135	a vote because of a conflict of interest; or
136	136	(3) a nonvoting director.
137	137	Sec. 3956.056. COMPENSATION. A director is entitled to
138	138	receive fees of office and reimbursement for actual expenses as
139	139	provided by Section 49.060, Water Code. Sections 375.069 and
140	140	375.070, Local Government Code, do not apply to the board.
141	141	Sec. 3956.057. INITIAL VOTING DIRECTORS. (a) The initial
142	142	board consists of the following directors:
143	143	Pos. No. Name of Director Pos. No. Name of Director
144	144	Pos. No. Name of Director
145	145	1. David LeJeune 1. David LeJeune
146	146	1. David LeJeune
147	147	2. Leslie Symmonds 2. Leslie Symmonds
148	148	2. Leslie Symmonds
149	149	3. Olin Clotiaux 3. Olin Clotiaux
150	150	3. Olin Clotiaux
151	151	4. Doug Savant 4. Doug Savant
152	152	4. Doug Savant
153	153	5. Lance Bradley 5. Lance Bradley
154	154	5. Lance Bradley
155	155	6. Kathy Levingston 6. Kathy Levingston
156	156	6. Kathy Levingston
157	157	7. Aspen Hebert 7. Aspen Hebert
158	158	7. Aspen Hebert
159	159	(b) Of the initial directors, the terms of directors
160	160	appointed for positions one through four expire June 1, 2018, and
161	161	the terms of directors appointed for positions five through seven
162	162	expire June 1, 2019.
163	163	(c) Section 3956.053 does not apply to this section.
164	164	(d) This section expires September 1, 2019.
165	165	SUBCHAPTER C. POWERS AND DUTIES
166	166	Sec. 3956.101. GENERAL POWERS AND DUTIES. The district has
167	167	the powers and duties necessary to accomplish the purposes for
168	168	which the district is created.
169	169	Sec. 3956.102. IMPROVEMENT PROJECTS AND SERVICES. The
170	170	district may provide, design, construct, acquire, improve,
171	171	relocate, operate, maintain, or finance an improvement project or
172	172	service using any money available to the district, or contract with
173	173	a governmental or private entity to provide, design, construct,
174	174	acquire, improve, relocate, operate, maintain, or finance an
175	175	improvement project or service authorized under this chapter or
176	176	Chapter 375, Local Government Code.
177	177	Sec. 3956.103. DEVELOPMENT CORPORATION POWERS. The
178	178	district, using money available to the district, may exercise the
179	179	powers given to a development corporation under Chapter 505, Local
180	180	Government Code, including the power to own, operate, acquire,
181	181	construct, lease, improve, or maintain a project under that
182	182	chapter.
183	183	Sec. 3956.104. NONPROFIT CORPORATION. (a) The board by
184	184	resolution may authorize the creation of a nonprofit corporation to
185	185	assist and act for the district in implementing a project or
186	186	providing a service authorized by this chapter.
187	187	(b) The nonprofit corporation:
188	188	(1) has each power of and is considered to be a local
189	189	government corporation created under Subchapter D, Chapter 431,
190	190	Transportation Code; and
191	191	(2) may implement any project and provide any service
192	192	authorized by this chapter.
193	193	(c) The board shall appoint the board of directors of the
194	194	nonprofit corporation. The board of directors of the nonprofit
195	195	corporation shall serve in the same manner as the board of directors
196	196	of a local government corporation created under Subchapter D,
197	197	Chapter 431, Transportation Code, except that a board member is not
198	198	required to reside in the district.
199	199	Sec. 3956.105. AGREEMENTS; GRANTS. (a) As provided by
200	200	Chapter 375, Local Government Code, the district may make an
201	201	agreement with or accept a gift, grant, or loan from any person.
202	202	The district shall promptly notify the city of any gift or grant
203	203	accepted by the district.
204	204	(b) The implementation of a project is a governmental
205	205	function or service for the purposes of Chapter 791, Government
206	206	Code.
207	207	Sec. 3956.106. LAW ENFORCEMENT SERVICES. To protect the
208	208	public interest, the district may contract with a qualified party,
209	209	including the county or the city, to provide law enforcement
210	210	services in the district for a fee.
211	211	Sec. 3956.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
212	212	district may join and pay dues to a charitable or nonprofit
213	213	organization that performs a service or provides an activity
214	214	consistent with the furtherance of a district purpose.
215	215	Sec. 3956.108. PARKING FACILITIES. (a) The district may
216	216	acquire, lease as lessor or lessee, construct, develop, own,
217	217	operate, and maintain parking facilities or a system of parking
218	218	facilities, including lots, garages, parking terminals, or other
219	219	structures or accommodations for parking motor vehicles off the
220	220	streets and related appurtenances.
221	221	(b) The district's parking facilities serve the public
222	222	purposes of the district and are owned, used, and held for a public
223	223	purpose even if leased or operated by a private entity for a term of
224	224	years.
225	225	(c) The district's parking facilities are parts of and
226	226	necessary components of a street and are considered to be a street
227	227	or road improvement.
228	228	(d) The development and operation of the district's parking
229	229	facilities may be considered an economic development program.
230	230	Sec. 3956.109. ANNEXATION OF LAND. The district may annex
231	231	land as provided by Subchapter J, Chapter 49, Water Code.
232	232	Sec. 3956.110. NAVIGATION DISTRICT POWERS. The district
233	233	has the powers provided by the general law of this state applicable
234	234	to navigation districts created under Section 59, Article XVI,
235	235	Texas Constitution, including Chapters 60 and 62, Water Code.
236	236	Sec. 3956.111. APPROVAL BY CITY. (a) Except as provided
237	237	by Subsection (c), the district must obtain the approval of the city
238	238	for:
239	239	(1) the issuance of bonds or any other obligations,
240	240	subject to Section 3956.201 or 3956.203;
241	241	(2) the plans and specifications of an improvement
242	242	project financed by bonds; and
243	243	(3) the plans and specifications of an improvement
244	244	project related to the use of land owned by the city, an easement
245	245	granted to or by the city, or a right-of-way of a street, road, or
246	246	highway.
247	247	(b) The district may not issue bonds until the governing
248	248	body of the city adopts a resolution or ordinance authorizing the
249	249	issuance of the bonds.
250	250	(c) If the district obtains the approval of the city's
251	251	governing body of a capital improvements budget for a period not to
252	252	exceed five years, the district may finance the capital
253	253	improvements and issue bonds specified in the budget without
254	254	further approval from the city.
255	255	(d) The governing body of the city:
256	256	(1) is not required to adopt a resolution or ordinance
257	257	to approve plans and specifications described by Subsection (a);
258	258	and
259	259	(2) may establish an administrative process to approve
260	260	plans and specifications described by Subsection (a) without the
261	261	involvement of the governing body.
262	262	Sec. 3956.112. CONSENT OF CITY REQUIRED. The district may
263	263	not take any of the following actions until the city has consented
264	264	by ordinance or resolution to the creation of the district and to
265	265	the inclusion of land in the district:
266	266	(1) hold an election under Subchapter L, Chapter 375,
267	267	Local Government Code;
268	268	(2) impose an ad valorem tax;
269	269	(3) impose an assessment;
270	270	(4) issue bonds; or
271	271	(5) enter into an agreement to reimburse the costs of
272	272	facilities.
273	273	Sec. 3956.113. NO EMINENT DOMAIN POWER. The district may
274	274	not exercise the power of eminent domain.
275	275	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
276	276	Sec. 3956.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
277	277	board by resolution shall establish the number of directors'
278	278	signatures and the procedure required for a disbursement or
279	279	transfer of district money.
280	280	Sec. 3956.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
281	281	The district may acquire, construct, finance, operate, or maintain
282	282	any improvement or service authorized under this chapter or Chapter
283	283	375, Local Government Code, using any money available to the
284	284	district.
285	285	Sec. 3956.153. PETITION REQUIRED FOR FINANCING SERVICES AND
286	286	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
287	287	service or improvement project with assessments under this chapter
288	288	unless a written petition requesting that service or improvement
289	289	has been filed with the board.
290	290	(b) A petition filed under Subsection (a) must be signed by
291	291	the owners of a majority of the assessed value of real property in
292	292	the district subject to assessment according to the most recent
293	293	certified tax appraisal roll for the county.
294	294	Sec. 3956.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
295	295	The board by resolution may impose and collect an assessment for any
296	296	purpose authorized by this chapter in all or any part of the
297	297	district.
298	298	(b) An assessment, a reassessment, or an assessment
299	299	resulting from an addition to or correction of the assessment roll
300	300	by the district, penalties and interest on an assessment or
301	301	reassessment, an expense of collection, and reasonable attorney's
302	302	fees incurred by the district:
303	303	(1) are a first and prior lien against the property
304	304	assessed;
305	305	(2) are superior to any other lien or claim other than
306	306	a lien or claim for county, school district, or municipal ad valorem
307	307	taxes; and
308	308	(3) are the personal liability of and a charge against
309	309	the owners of the property even if the owners are not named in the
310	310	assessment proceedings.
311	311	(c) The lien is effective from the date of the board's
312	312	resolution imposing the assessment until the date the assessment is
313	313	paid. The board may enforce the lien in the same manner that the
314	314	board may enforce an ad valorem tax lien against real property.
315	315	(d) The board may make a correction to or deletion from the
316	316	assessment roll that does not increase the amount of assessment of
317	317	any parcel of land without providing notice and holding a hearing in
318	318	the manner required for additional assessments.
319	319	SUBCHAPTER E. TAXES AND BONDS
320	320	Sec. 3956.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
321	321	The district may issue, without an election, bonds, notes, and
322	322	other obligations secured by:
323	323	(1) revenue other than ad valorem taxes; or
324	324	(2) contract payments described by Section 3956.203.
325	325	(b) The district must hold an election in the manner
326	326	provided by Subchapter L, Chapter 375, Local Government Code, to
327	327	obtain voter approval before the district may impose an ad valorem
328	328	tax or issue bonds payable from ad valorem taxes.
329	329	(c) Section 375.243, Local Government Code, does not apply
330	330	to the district.
331	331	(d) All or any part of any facilities or improvements that
332	332	may be acquired by a district by the issuance of its bonds may be
333	333	submitted as a single proposition or as several propositions to be
334	334	voted on at the election.
335	335	Sec. 3956.202. OPERATION AND MAINTENANCE TAX. (a) If
336	336	authorized by a majority of the district voters voting at an
337	337	election held in accordance with Section 3956.201, the district may
338	338	impose an operation and maintenance tax on taxable property in the
339	339	district in accordance with Section 49.107, Water Code, for any
340	340	district purpose, including to:
341	341	(1) maintain and operate the district;
342	342	(2) construct or acquire improvements; or
343	343	(3) provide a service.
344	344	(b) The board shall determine the tax rate. The rate may not
345	345	exceed the rate approved at the election.
346	346	Sec. 3956.203. CONTRACT TAXES. (a) In accordance with
347	347	Section 49.108, Water Code, the district may impose a tax other than
348	348	an operation and maintenance tax and use the revenue derived from
349	349	the tax to make payments under a contract after the provisions of
350	350	the contract have been approved by a majority of the district voters
351	351	voting at an election held for that purpose.
352	352	(b) A contract approved by the district voters may contain a
353	353	provision stating that the contract may be modified or amended by
354	354	the board without further voter approval.
355	355	Sec. 3956.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
356	356	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
357	357	determined by the board. Section 375.205, Local Government Code,
358	358	does not apply to a loan, line of credit, or other borrowing from a
359	359	bank or financial institution secured by revenue other than ad
360	360	valorem taxes.
361	361	(b) The district may issue bonds, notes, or other
362	362	obligations payable wholly or partly from ad valorem taxes,
363	363	assessments, impact fees, revenue, contract payments, grants, or
364	364	other district money, or any combination of those sources of money,
365	365	to pay for any authorized district purpose.
366	366	Sec. 3956.205. TAXES FOR BONDS. At the time the district
367	367	issues bonds payable wholly or partly from ad valorem taxes, the
368	368	board shall provide for the annual imposition of a continuing
369	369	direct annual ad valorem tax, without limit as to rate or amount,
370	370	for each year that all or part of the bonds are outstanding as
371	371	required and in the manner provided by Sections 54.601 and 54.602,
372	372	Water Code.
373	373	Sec. 3956.206. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
374	374	OBLIGATIONS. Except as provided by Section 375.263, Local
375	375	Government Code, a municipality is not required to pay bonds,
376	376	notes, or other obligations of the district.
377	377	SECTION 2. The Port Neches Improvement District initially
378	378	includes all territory contained in the following area:
379	379	Lots one through eighteen (1-18), Block One (1), Oaks Subdivision
380	380	of the City of Port Neches, Jefferson County, Texas as per the plat
381	381	of said subdivision recorded in Volume 1, page 100, map records of
382	382	said county.
383	383	Lots three through thirty-three (3-33), Block Two (2), Oaks
384	384	Subdivision of the City of Port Neches, Jefferson County, Texas as
385	385	per the plat of said subdivision recorded in Volume 1, page 100, map
386	386	records of said county.
387	387	Lots one through five (1-5), Block Eighteen (18), of Oaks Addition,
388	388	an Addition to the City of Port Neches, Jefferson County, Texas,
389	389	according to the map or plat thereof, of record in Volume 1, page
390	390	100, Map Records of Jefferson County, Texas.
391	391	SECTION 3. (a) The legal notice of the intention to
392	392	introduce this Act, setting forth the general substance of this
393	393	Act, has been published as provided by law, and the notice and a
394	394	copy of this Act have been furnished to all persons, agencies,
395	395	officials, or entities to which they are required to be furnished
396	396	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
397	397	Government Code.
398	398	(b) The governor, one of the required recipients, has
399	399	submitted the notice and Act to the Texas Commission on
400	400	Environmental Quality.
401	401	(c) The Texas Commission on Environmental Quality has filed
402	402	its recommendations relating to this Act with the governor, the
403	403	lieutenant governor, and the speaker of the house of
404	404	representatives within the required time.
405	405	(d) All requirements of the constitution and laws of this
406	406	state and the rules and procedures of the legislature with respect
407	407	to the notice, introduction, and passage of this Act are fulfilled
408	408	and accomplished.
409	409	SECTION 4. This Act takes effect immediately if it receives
410	410	a vote of two-thirds of all the members elected to each house, as
411	411	provided by Section 39, Article III, Texas Constitution. If this
412	412	Act does not receive the vote necessary for immediate effect, this
413	413	Act takes effect September 1, 2017.
414	414
415	415	Pos. No. Name of Director
416	416
417	417	1. David LeJeune
418	418
419	419	2. Leslie Symmonds
420	420
421	421	3. Olin Clotiaux
422	422
423	423	4. Doug Savant
424	424
425	425	5. Lance Bradley
426	426
427	427	6. Kathy Levingston
428	428
429	429	7. Aspen Hebert