Texas 2017 - 85th Regular

Texas House Bill HB4344 Compare Versions

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11 85R27707 JXC-F
22 By: Huberty H.B. No. 4344
3+ Substitute the following for H.B. No. 4344:
4+ By: Schubert C.S.H.B. No. 4344
35
46
57 A BILL TO BE ENTITLED
68 AN ACT
79 relating to the creation of Harris County Improvement District No.
810 27; providing authority to issue bonds; providing authority to
911 impose assessments, fees, and taxes.
1012 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1113 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1214 Code, is amended by adding Chapter 3793 to read as follows:
1315 CHAPTER 3793. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 27
1416 SUBCHAPTER A. GENERAL PROVISIONS
1517 Sec. 3793.001. DEFINITIONS. In this chapter:
1618 (1) "Board" means the district's board of directors.
1719 (2) "City" means the City of Houston.
1820 (3) "County" means Harris County.
1921 (4) "Director" means a board member.
2022 (5) "District" means the Harris County Improvement
2123 District No. 27.
2224 Sec. 3793.002. CREATION AND NATURE OF DISTRICT. The
2325 district is a special district created under Section 59, Article
2426 XVI, Texas Constitution.
2527 Sec. 3793.003. PURPOSE; DECLARATION OF INTENT. (a) The
2628 creation of the district is essential to accomplish the purposes of
2729 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2830 Texas Constitution, and other public purposes stated in this
2931 chapter. By creating the district and in authorizing the city, the
3032 county, and other political subdivisions to contract with the
3133 district, the legislature has established a program to accomplish
3234 the public purposes set out in Section 52-a, Article III, Texas
3335 Constitution.
3436 (b) The creation of the district is necessary to promote,
3537 develop, encourage, and maintain employment, commerce,
3638 transportation, housing, tourism, recreation, the arts,
3739 entertainment, economic development, safety, and the public
3840 welfare in the district.
3941 (c) This chapter and the creation of the district may not be
4042 interpreted to relieve the city or the county from providing the
4143 level of services provided as of the effective date of the Act
4244 enacting this chapter to the area in the district. The district is
4345 created to supplement and not to supplant city or county services
4446 provided in the district.
4547 Sec. 3793.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
4648 The district is created to serve a public use and benefit.
4749 (b) All land and other property included in the district
4850 will benefit from the improvements and services to be provided by
4951 the district under powers conferred by Sections 52 and 52-a,
5052 Article III, and Section 59, Article XVI, Texas Constitution, and
5153 other powers granted under this chapter.
5254 (c) The creation of the district is in the public interest
5355 and is essential to further the public purposes of:
5456 (1) developing and diversifying the economy of the
5557 state;
5658 (2) eliminating unemployment and underemployment; and
5759 (3) developing or expanding transportation and
5860 commerce.
5961 (d) The district will:
6062 (1) promote the health, safety, and general welfare of
6163 residents, employers, potential employees, employees, visitors,
6264 and consumers in the district, and of the public;
6365 (2) provide needed funding for the district to
6466 preserve, maintain, and enhance the economic health and vitality of
6567 the district territory as a community and business center;
6668 (3) promote the health, safety, welfare, and enjoyment
6769 of the public by providing pedestrian ways and by landscaping and
6870 developing certain areas in the district, which are necessary for
6971 the restoration, preservation, and enhancement of scenic beauty;
7072 and
7173 (4) provide for water, wastewater, drainage, road, and
7274 recreational facilities for the district.
7375 (e) Pedestrian ways along or across a street, whether at
7476 grade or above or below the surface, street lighting, street
7577 landscaping, parking, and street art objects are parts of and
7678 necessary components of a street and are considered to be a street
7779 or road improvement.
7880 (f) The district will not act as the agent or
7981 instrumentality of any private interest even though the district
8082 will benefit many private interests as well as the public.
8183 Sec. 3793.005. INITIAL DISTRICT TERRITORY. (a) The
8284 district is initially composed of the territory described by
8385 Section 2 of the Act enacting this chapter.
8486 (b) The boundaries and field notes contained in Section 2 of
8587 the Act enacting this chapter form a closure. A mistake in the
8688 field notes or in copying the field notes in the legislative process
8789 does not affect the district's:
8890 (1) organization, existence, or validity;
8991 (2) right to issue any type of bonds for the purposes
9092 for which the district is created or to pay the principal of and
9193 interest on the bonds;
9294 (3) right to impose or collect an assessment or tax; or
9395 (4) legality or operation.
9496 Sec. 3793.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9597 All or any part of the area of the district is eligible to be
9698 included in:
9799 (1) a tax increment reinvestment zone created under
98100 Chapter 311, Tax Code;
99101 (2) a tax abatement reinvestment zone created under
100102 Chapter 312, Tax Code;
101103 (3) an enterprise zone created under Chapter 2303,
102104 Government Code;
103105 (4) an industrial district created under Chapter 42,
104106 Local Government Code; or
105107 (5) a public improvement district created under
106108 Chapter 372, Local Government Code.
107109 Sec. 3793.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
108110 DISTRICTS LAW. Except as otherwise provided by this chapter,
109111 Chapter 375, Local Government Code, applies to the district.
110112 Sec. 3793.008. CONSTRUCTION OF CHAPTER. This chapter shall
111113 be liberally construed in conformity with the findings and purposes
112114 stated in this chapter.
113115 SUBCHAPTER B. BOARD OF DIRECTORS
114116 Sec. 3793.051. GOVERNING BODY; TERMS. (a) The district is
115117 governed by a board of five voting directors who serve staggered
116118 terms of four years, with two or three directors' terms expiring
117119 June 1 of each odd-numbered year.
118120 (b) The board by resolution may change the number of voting
119121 directors on the board only if the board determines that the change
120122 is in the best interest of the district. The board may not consist
121123 of fewer than five or more than 15 voting directors.
122124 (c) Section 49.052, Water Code, does not apply to the
123125 directors.
124126 Sec. 3793.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
125127 Commission on Environmental Quality shall appoint voting directors
126128 from persons recommended by the board.
127129 Sec. 3793.053. NONVOTING DIRECTORS. The board may appoint
128130 nonvoting directors to serve at the pleasure of the voting
129131 directors.
130132 Sec. 3793.054. QUORUM. For purposes of determining the
131133 requirements for a quorum of the board, the following are not
132134 counted:
133135 (1) a board position vacant for any reason, including
134136 death, resignation, or disqualification;
135137 (2) a director who is abstaining from participation in
136138 a vote because of a conflict of interest; or
137139 (3) a nonvoting director.
138140 Sec. 3793.055. COMPENSATION. A director is entitled to
139141 receive fees of office and reimbursement for actual expenses as
140142 provided by Section 49.060, Water Code. Sections 375.069 and
141143 375.070, Local Government Code, do not apply to the board.
142144 Sec. 3793.056. INITIAL VOTING DIRECTORS. (a) The initial
143145 board consists of:
144146 Pos. No. Name of Director: Pos. No. Name of Director:
145147 Pos. No. Name of Director:
146148 1 Rob Burchfield 1 Rob Burchfield
147149 1 Rob Burchfield
148150 2 Jin Laxmidas 2 Jin Laxmidas
149151 2 Jin Laxmidas
150152 3 Sigita Burchfield 3 Sigita Burchfield
151153 3 Sigita Burchfield
152154 4 Nicole Eddy 4 Nicole Eddy
153155 4 Nicole Eddy
154156 5 Linda Warren 5 Linda Warren
155157 5 Linda Warren
156158 (b) Of the initial directors, the terms of directors
157159 appointed for positions one through three expire June 1, 2019, and
158160 the terms of directors appointed for positions four and five expire
159161 June 1, 2021.
160162 (c) Section 3793.052 does not apply to this section.
161163 (d) This section expires September 1, 2021.
162164 SUBCHAPTER C. POWERS AND DUTIES
163165 Sec. 3793.101. GENERAL POWERS AND DUTIES. The district has
164166 the powers and duties necessary to accomplish the purposes for
165167 which the district is created.
166168 Sec. 3793.102. IMPROVEMENT PROJECTS AND SERVICES. The
167169 district may provide, design, construct, acquire, improve,
168170 relocate, operate, maintain, or finance an improvement project or
169171 service using any money available to the district, or contract with
170172 a governmental or private entity to provide, design, construct,
171173 acquire, improve, relocate, operate, maintain, or finance an
172174 improvement project or service authorized under this chapter or
173175 Chapter 375, Local Government Code.
174176 Sec. 3793.103. DEVELOPMENT CORPORATION POWERS. The
175177 district, using money available to the district, may exercise the
176178 powers given to a development corporation under Chapter 505, Local
177179 Government Code, including the power to own, operate, acquire,
178180 construct, lease, improve, or maintain a project under that
179181 chapter.
180182 Sec. 3793.104. NONPROFIT CORPORATION. (a) The board by
181183 resolution may authorize the creation of a nonprofit corporation to
182184 assist and act for the district in implementing a project or
183185 providing a service authorized by this chapter.
184186 (b) The nonprofit corporation:
185187 (1) has each power of and is considered to be a local
186188 government corporation created under Subchapter D, Chapter 431,
187189 Transportation Code; and
188190 (2) may implement any project and provide any service
189191 authorized by this chapter.
190192 (c) The board shall appoint the board of directors of the
191193 nonprofit corporation. The board of directors of the nonprofit
192194 corporation shall serve in the same manner as the board of directors
193195 of a local government corporation created under Subchapter D,
194196 Chapter 431, Transportation Code, except that a board member is not
195197 required to reside in the district.
196198 Sec. 3793.105. PUBLIC FACILITY CORPORATIONS. As provided
197199 by Chapter 303, Local Government Code, the board by resolution may
198200 authorize the creation of a public facility corporation in the
199201 district to finance or to provide for the acquisition,
200202 construction, rehabilitation, renovation, repair, equipping,
201203 furnishing, or placement in service of public facilities in an
202204 orderly, planned manner and at the lowest possible borrowing costs.
203205 Sec. 3793.106. AGREEMENTS; GRANTS. (a) As provided by
204206 Chapter 375, Local Government Code, the district may make an
205207 agreement with or accept a gift, grant, or loan from any person.
206208 (b) The implementation of a project is a governmental
207209 function or service for the purposes of Chapter 791, Government
208210 Code.
209211 Sec. 3793.107. LAW ENFORCEMENT SERVICES. To protect the
210212 public interest, the district may contract with a qualified party,
211213 including the county or the city, to provide law enforcement
212214 services in the district for a fee.
213215 Sec. 3793.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
214216 district may join and pay dues to a charitable or nonprofit
215217 organization that performs a service or provides an activity
216218 consistent with the furtherance of a district purpose.
217219 Sec. 3793.109. ECONOMIC DEVELOPMENT. (a) The district may
218220 engage in activities that accomplish the economic development
219221 purposes of the district.
220222 (b) The district may establish and provide for the
221223 administration of one or more programs to promote state or local
222224 economic development and to stimulate business and commercial
223225 activity in the district, including programs to:
224226 (1) make loans and grants of public money; and
225227 (2) provide district personnel and services.
226228 (c) The district may create economic development programs
227229 and exercise the economic development powers provided to
228230 municipalities by:
229231 (1) Chapter 380, Local Government Code; and
230232 (2) Subchapter A, Chapter 1509, Government Code.
231233 Sec. 3793.110. PARKING FACILITIES. (a) The district may
232234 acquire, lease as lessor or lessee, construct, develop, own,
233235 operate, and maintain parking facilities or a system of parking
234236 facilities, including lots, garages, parking terminals, or other
235237 structures or accommodations for parking motor vehicles off the
236238 streets and related appurtenances.
237239 (b) The district's parking facilities serve the public
238240 purposes of the district and are owned, used, and held for a public
239241 purpose even if leased or operated by a private entity for a term of
240242 years.
241243 (c) The district's parking facilities are part of and
242244 necessary components of a street and are considered to be a street
243245 or road improvement.
244246 (d) The development and operation of the district's parking
245247 facilities may be considered an economic development program.
246248 Sec. 3793.111. ANNEXATION OR EXCLUSION OF LAND. (a) The
247249 district may annex land as provided by Subchapter J, Chapter 49,
248250 Water Code.
249251 (b) The district may exclude land as provided by Subchapter
250252 J, Chapter 49, Water Code. Section 375.044(b), Local Government
251253 Code, does not apply to the district.
252254 Sec. 3793.112. PUBLIC IMPROVEMENT DISTRICT POWERS. The
253255 district has the powers provided by Chapter 372, Local Government
254256 Code, to a municipality or county.
255257 Sec. 3793.113. ROAD UTILITY DISTRICT POWERS. The district
256258 has the powers provided by the general laws relating to road utility
257259 districts created under Section 52(b), Article III, Texas
258260 Constitution, including Chapter 441, Transportation Code.
259261 Sec. 3793.114. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
260262 ASSESSMENTS AND FEES. The district may not impose an assessment,
261263 impact fee, or standby fee on the property, including the
262264 equipment, rights-of-way, easements, facilities, or improvements,
263265 of:
264266 (1) an electric utility or a power generation company
265267 as defined by Section 31.002, Utilities Code;
266268 (2) a gas utility, as defined by Section 101.003 or
267269 121.001, Utilities Code, or a person who owns pipelines used for the
268270 transportation or sale of oil or gas or a product or constituent of
269271 oil or gas;
270272 (3) a person who owns pipelines used for the
271273 transportation or sale of carbon dioxide;
272274 (4) a telecommunications provider as defined by
273275 Section 51.002, Utilities Code; or
274276 (5) a cable service provider or video service provider
275277 as defined by Section 66.002, Utilities Code.
276278 Sec. 3793.115. USE OF ELECTRICAL OR OPTICAL LINES. (a) The
277279 district may impose an assessment to pay the cost of:
278280 (1) burying or removing electrical power lines,
279281 telephone lines, cable or fiber-optic lines, or any other type of
280282 electrical or optical line;
281283 (2) removing poles and any elevated lines using the
282284 poles; and
283285 (3) reconnecting the lines described by Subdivision
284286 (2) to the buildings or other improvements to which the lines were
285287 connected.
286288 (b) The district may finance, acquire, construct, improve,
287289 operate, maintain, or charge fees for the use of the district
288290 conduits for another person's:
289291 (1) telecommunications network; or
290292 (2) fiber-optic cable.
291293 (c) Consistent with Title 2, Utilities Code, the district
292294 may finance, construct, or maintain conduits for:
293295 (1) electronic transmission and distribution lines
294296 and supporting facilities; or
295297 (2) other types of transmission and distribution lines
296298 and supporting facilities.
297299 (d) The district may not require a person to use a district
298300 conduit.
299301 Sec. 3793.116. STRATEGIC PARTNERSHIP AGREEMENT. The
300302 district may negotiate and enter into a written strategic
301303 partnership agreement under Section 43.0751, Local Government
302304 Code, with a municipality in whose extraterritorial jurisdiction
303305 the district is located.
304306 Sec. 3793.117. NO EMINENT DOMAIN POWER. The district may
305307 not exercise the power of eminent domain.
306308 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
307309 Sec. 3793.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
308310 board by resolution shall establish the number of directors'
309311 signatures and the procedure required for a disbursement or
310312 transfer of district money.
311313 Sec. 3793.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
312314 The district may acquire, construct, finance, operate, or maintain
313315 any improvement or service authorized under this chapter or Chapter
314316 375, Local Government Code, using any money available to the
315317 district.
316318 Sec. 3793.153. PETITION REQUIRED FOR FINANCING SERVICES AND
317319 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
318320 service or improvement project with assessments under this chapter
319321 unless a written petition requesting that service or improvement
320322 has been filed with the board.
321323 (b) A petition filed under Subsection (a) must be signed by
322324 the owners of a majority of the assessed value of real property in
323325 the district subject to assessment according to the most recent
324326 certified tax appraisal roll for the county.
325327 Sec. 3793.154. METHOD OF NOTICE FOR HEARING. The district
326328 may mail the notice required by Section 375.115(c), Local
327329 Government Code, by certified or first class United States mail.
328330 The board shall determine the method of notice.
329331 Sec. 3793.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
330332 The board by resolution may impose and collect an assessment for any
331333 purpose authorized by this chapter in all or part of the district.
332334 (b) An assessment, a reassessment, or an assessment
333335 resulting from an addition to or correction of the assessment roll
334336 by the district, penalties and interest on an assessment or
335337 reassessment, an expense of collection, and reasonable attorney's
336338 fees incurred by the district:
337339 (1) are a first and prior lien against the property
338340 assessed;
339341 (2) are superior to any other lien or claim other than
340342 a lien or claim for county, school district, or municipal ad valorem
341343 taxes; and
342344 (3) are the personal liability of and a charge against
343345 the owners of the property even if the owners are not named in the
344346 assessment proceedings.
345347 (c) The lien is effective from the date of the board's
346348 resolution imposing the assessment until the date the assessment is
347349 paid. The board may enforce the lien in the same manner that the
348350 board may enforce an ad valorem tax lien against real property.
349351 (d) The board may make a correction to or deletion from the
350352 assessment roll that does not increase the amount of assessment of
351353 any parcel of land without providing notice and holding a hearing in
352354 the manner required for additional assessments.
353355 Sec. 3793.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
354356 375.161, Local Government Code, does not apply to the district.
355357 Sec. 3793.157. COMPETITIVE BIDDING. Subchapter I, Chapter
356358 49, Water Code, applies to the district. Sections 375.221 and
357359 375.223, Local Government Code, do not apply to the district.
358360 Sec. 3793.158. TAX AND ASSESSMENT ABATEMENTS. The district
359361 may designate reinvestment zones and may grant abatements of a tax
360362 or assessment on property in the zones in the manner provided by
361363 Chapter 312, Tax Code.
362364 SUBCHAPTER E. TAXES AND BONDS
363365 Sec. 3793.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
364366 The district may issue, without an election, bonds, notes, and
365367 other obligations secured by:
366368 (1) revenue other than ad valorem taxes; or
367369 (2) contract payments described by Section 3793.203.
368370 (b) The district must hold an election in the manner
369371 provided by Subchapter L, Chapter 375, Local Government Code, to
370372 obtain voter approval before the district may impose an ad valorem
371373 tax or issue bonds payable from ad valorem taxes.
372374 (c) Section 375.243, Local Government Code, does not apply
373375 to the district.
374376 (d) All or any part of any facilities or improvements that
375377 may be acquired by a district by the issuance of its bonds may be
376378 submitted as a single proposition or as several propositions to be
377379 voted on at the election.
378380 Sec. 3793.202. OPERATION AND MAINTENANCE TAX. (a) If
379381 authorized by a majority of the district voters voting at an
380382 election held in accordance with Section 3793.201, the district may
381383 impose an operation and maintenance tax on taxable property in the
382384 district in accordance with Section 49.107, Water Code, for any
383385 district purpose, including to:
384386 (1) maintain and operate the district;
385387 (2) construct or acquire improvements; or
386388 (3) provide a service.
387389 (b) The board shall determine the tax rate. The rate may not
388390 exceed the rate approved at the election.
389391 (c) Section 49.107(h), Water Code, does not apply to the
390392 district.
391393 Sec. 3793.203. CONTRACT TAXES. (a) In accordance with
392394 Section 49.108, Water Code, the district may impose a tax other than
393395 an operation and maintenance tax and use the revenue derived from
394396 the tax to make payments under a contract after the provisions of
395397 the contract have been approved by a majority of the district voters
396398 voting at an election held for that purpose.
397399 (b) A contract approved by the district voters may contain a
398400 provision stating that the contract may be modified or amended by
399401 the board without further voter approval.
400402 Sec. 3793.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
401403 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
402404 determined by the board. Section 375.205, Local Government Code,
403405 does not apply to a loan, line of credit, or other borrowing from a
404406 bank or financial institution secured by revenue other than ad
405407 valorem taxes.
406408 (b) The district may issue bonds, notes, or other
407409 obligations payable wholly or partly from ad valorem taxes,
408410 assessments, impact fees, revenue, contract payments, grants, or
409411 other district money, or any combination of those sources of money,
410412 to pay for any authorized district purpose.
411413 (c) The limitation on the outstanding principal amount of
412414 bonds, notes, and other obligations provided by Section 49.4645,
413415 Water Code, does not apply to the district.
414416 Sec. 3793.205. TAXES FOR BONDS. At the time the district
415417 issues bonds payable wholly or partly from ad valorem taxes, the
416418 board shall provide for the annual imposition of a continuing
417419 direct annual ad valorem tax, without limit as to rate or amount,
418420 for each year that all or part of the bonds are outstanding as
419421 required and in the manner provided by Sections 54.601 and 54.602,
420422 Water Code.
421423 SUBCHAPTER F. DEFINED AREAS
422424 Sec. 3793.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
423425 DESIGNATED PROPERTY. The district may define areas or designate
424426 certain property of the district to pay for improvements,
425427 facilities, or services that primarily benefit that area or
426428 property and do not generally and directly benefit the district as a
427429 whole.
428430 Sec. 3793.252. PROCEDURE FOR ELECTION. (a) Before the
429431 district may impose an ad valorem tax or issue bonds payable from ad
430432 valorem taxes of the defined area or designated property, the board
431433 shall hold an election in the defined area or in the designated
432434 property only.
433435 (b) The board may submit the proposition to the voters on
434436 the same ballot to be used in another election.
435437 Sec. 3793.253. DECLARING RESULT AND ISSUING ORDER. (a) If
436438 a majority of the voters voting at the election approve the
437439 proposition or propositions, the board shall declare the results
438440 and, by order, shall establish the defined area and describe it by
439441 metes and bounds or designate the specific property.
440442 (b) A court may not review the board's order except on the
441443 ground of fraud, palpable error, or arbitrary and confiscatory
442444 abuse of discretion.
443445 Sec. 3793.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
444446 FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
445447 approval and adoption of the order described by Section 3793.253,
446448 the district may apply separately, differently, equitably, and
447449 specifically its taxing power and lien authority to the defined
448450 area or designated property to provide money to construct,
449451 administer, maintain, and operate services, improvements, and
450452 facilities that primarily benefit the defined area or designated
451453 property.
452454 Sec. 3793.255. ISSUANCE OF BONDS FOR DEFINED AREA OR
453455 DESIGNATED PROPERTY. After the order under Section 3793.253 is
454456 adopted, the district may issue bonds to provide for any land,
455457 improvements, facilities, plants, equipment, and appliances for
456458 the defined area or designated property.
457459 SUBCHAPTER G. SALES AND USE TAX
458460 Sec. 3793.301. MEANINGS OF WORDS AND PHRASES. A word or
459461 phrase used in this subchapter that is defined by Chapters 151 and
460462 321, Tax Code, has the meaning assigned by Chapters 151 and 321, Tax
461463 Code.
462464 Sec. 3793.302. APPLICABILITY OF CERTAIN TAX CODE
463465 PROVISIONS. (a) Except as otherwise provided by this subchapter,
464466 Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
465467 apply to taxes imposed under this subchapter and to the
466468 administration and enforcement of those taxes in the same manner
467469 that those laws apply to state taxes.
468470 (b) Chapter 321, Tax Code, relating to municipal sales and
469471 use taxes, applies to the application, collection, change, and
470472 administration of a sales and use tax imposed under this subchapter
471473 to the extent consistent with this chapter, as if references in
472474 Chapter 321, Tax Code, to a municipality referred to the district
473475 and references to a governing body referred to the board.
474476 (c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
475477 321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
476478 apply to a tax imposed under this subchapter.
477479 Sec. 3793.303. AUTHORIZATION; ELECTION. (a) The district
478480 may adopt a sales and use tax to serve the purposes of the district
479481 after an election in which a majority of the voters of the district
480482 voting in the election authorize the adoption of the tax.
481483 (b) The board by order may call an election to authorize a
482484 sales and use tax. The election may be held with any other district
483485 election.
484486 (c) The district shall provide notice of the election and
485487 shall hold the election in the manner prescribed by Section
486488 3793.201.
487489 (d) The ballots shall be printed to provide for voting for
488490 or against the proposition: "Authorization of a sales and use tax
489491 in the Harris County Improvement District No. 27 at a rate not to
490492 exceed ___ percent."
491493 Sec. 3793.304. ABOLISHING SALES AND USE TAX. (a) Except as
492494 provided by Subsection (b), the board may abolish the sales and use
493495 tax without an election.
494496 (b) The board may not abolish the sales and use tax if the
495497 district has outstanding debt secured by the tax.
496498 Sec. 3793.305. SALES AND USE TAX RATE. (a) On adoption of
497499 the tax authorized by this subchapter, a tax is imposed on the
498500 receipts from the sale at retail of taxable items in the district
499501 and an excise tax is imposed on the use, storage, or other
500502 consumption in the district of taxable items purchased, leased, or
501503 rented from a retailer in the district during the period that the
502504 tax is in effect.
503505 (b) The board shall determine the rate of the tax, which may
504506 be in one-eighth of one percent increments not to exceed the maximum
505507 rate authorized by the district voters at the election. The board
506508 may lower the tax rate to the extent the rate does not impair any
507509 outstanding debt or obligations payable from the tax.
508510 (c) The rate of the excise tax is the same as the rate of the
509511 sales tax portion of the tax and is applied to the sales price of the
510512 taxable item.
511513 SUBCHAPTER H. HOTEL OCCUPANCY TAXES
512514 Sec. 3793.351. HOTEL OCCUPANCY TAX. (a) In this section,
513515 "hotel" has the meaning assigned by Section 156.001, Tax Code.
514516 (b) For purposes of this section, a reference in Chapter
515517 351, Tax Code, to a municipality is a reference to the district and
516518 a reference in Chapter 351, Tax Code, to the municipality's
517519 officers or governing body is a reference to the board.
518520 (c) Except as inconsistent with this section, Subchapter A,
519521 Chapter 351, Tax Code, governs a hotel occupancy tax authorized by
520522 this section.
521523 (d) The district may impose a hotel occupancy tax and use
522524 the revenue from the tax for any district purpose that is an
523525 authorized use of hotel occupancy tax revenue under Chapter 351,
524526 Tax Code.
525527 (e) The board by order may impose, repeal, increase, or
526528 decrease the rate of a tax on a person who, under a lease,
527529 concession, permit, right of access, license, contract, or
528530 agreement, pays for the use or possession or for the right to the
529531 use or possession of a room that:
530532 (1) is in a hotel located in the district's boundaries;
531533 (2) costs $2 or more each day; and
532534 (3) is ordinarily used for sleeping.
533535 (f) The amount of the tax may not exceed seven percent of the
534536 price paid for a room in a hotel.
535537 (g) The district may examine and receive information
536538 related to the imposition of hotel occupancy taxes to the same
537539 extent as if the district were a municipality.
538540 SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION
539541 Sec. 3793.401. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
540542 district is a "water or sewer district" under Section 43.071, Local
541543 Government Code.
542544 (b) Section 43.075, Local Government Code, applies to the
543545 district.
544546 (c) Section 375.264, Local Government Code, does not apply
545547 to the dissolution of the district by a municipality.
546548 SECTION 2. Harris County Improvement District No. 27
547549 initially includes all territory contained in the following area:
548550 TRACT ONE: Fieldnotes for 28.8778 acres of land out of the Amos
549551 Barber Survey, Abstract No. 125 in Harris County, Texas, being out
550552 of and a part of that certain 28.2586 acre tract of land conveyed to
551553 Craig Nelson, Trustee, as described in deed recorded under County
552554 Clerk's File No. T275175 of the Real Property Records of Harris
553555 County, and all of that certain 16.2039 acre tract of land conveyed
554556 to Northwood North Venture, L.P ., and described as "Tract II" in
555557 deed recorded under County Clerk's File No. T951125 of the said
556558 Real Property Records, said 28.8778 acres of land being more
557559 particularly described by metes and bounds as follows:
558560 COMMENCING at a 1 1/4 inch steel pipe at the base of a 30 inch
559561 Cypress tree found in the West line of the said Amos Barber Survey,
560562 marking the Northeast corner of the Richard B. West Survey.
561563 Abstract No. 860, and the Southeast corner of the H.T. & B.R.R.
562564 Survey, Abstract No. 385, said point also being the Southeast
563565 corner of the residue of that certain 69.3518 acre tract of land
564566 conveyed to Westfield Properties, Inc., as described in deed
565567 recorded under County Clerk's File No. M751039 of the said Real
566568 Property Records, said point also being in the West line of that
567569 certain 4.0000 acre tract of land conveyed to Ricardo F de
568570 Ibarlucea, et al, as described in deed recorded under County
569571 Clerk's File No. M383506 of the said Real Property Records;
570572 Thence, North 33° 19' 42" West, 469.82 feet with the East line of the
571573 said 69.3518 acre tract and the said H.T. & B.R.R. Survey, and with
572574 the West line of the said 4.000 acre tract and the said Amos Barber
573575 Survey, and generally along a barbed wire fence line to a 5/8 inch
574576 steel rod found marking the Southwest corner and PLACE OF BEGINNING
575577 for the herein described tract of land, said point being the most
576578 Southerly or Southwest corner of the said 28.2586 acre tract, said
577579 point also being the Northwest corner of the said 4.0000 acre tract;
578580 Thence, continuing with the East line of the said 69.3518 acre tract
579581 and the said H.T.& B.R.R. Survey. And with the common West line of
580582 the said 28.2586 acre tract and the said Amos Barber Survey, and
581583 generally along a barbed wire fence line. North 33° 19' 42" West,
582584 971.92 feet to a 5/8 inch steel rod with cap set for the most
583585 Westerly or Northwest corner of the herein described tract, said
584586 point being the most Southerly or Southwest corner of that certain
585587 14.3 acre tract of land conveyed to Aldine Independent School
586588 District, as described in deed recorded under Clerk's File
587589 No. 20060195978 of Real Records;
588590 Thence, North 57° 58' 17" East, 771.54 Feet with the Southeast line
589591 of the said 14.3 acre tract to a 3/8 inch steel rod found at an angle
590592 point for the herein described tract, said point being the most
591593 Easterly or Southeast corner of the said 14.3 acre tract and the
592594 Northwest corner of the said 16.2039 acre tract, Northwood North
593595 Venture, L.P., as described in deed recorded under County Clerk's
594596 File No. 20060015817 of the said Real Property Records;
595597 Thence, North 79° 11' 19" East, 599.93 feet with the South line of
596598 the said 0.8253 acre tract and the North line of the said 16.2039
597599 acre tract to a 3/8 inch steel rod found in the West line of Rayford
598600 Road, based on an 80 foot right-of-way-, marking the Northeast
599601 corner of the said 16.2039 acre tract and the herein described
600602 tract, said the Southeast corner of the said 0.8253 acre tract, said
601603 point also being in a non-tangent curve to the right having a radius
602604 of 20000.00 feet and a central angle of 00° 56' 33";
603605 Thence, in a Southerly direction, with the West line of said Rayford
604606 Road and the East line of the said 16.2039 acre tract, and with the
605607 said curve to the right having a radius of 2000.00 feet (chord
606608 bearing South 11°18' 59" East, 32.90 feet an arc distance of 32.90
607609 feet to a 5/8 inch steel rod set at a point of tangency;
608610 Thence, continuing with the West line of said Rayford Road and the
609611 East line of the said 16.2039 acre tract, South 10° 50' 43" East,
610612 428.57 feet to a 5/8 inch steel rod set at a point of curve to the
611613 right having a radius of I 120.00 feet and a central angle of 50°39'
612614 42";
613615 Thence, continuing with the West line of said Rayford Road and the
614616 East line of the said 16.2039 acre tract, and with the said curve to
615617 the right having a radius of 1120.00 feet (chord bearing South 14°
616618 29 '08" West, 958.37 feet), an arc distance of 990.32 feet to a 5/8
617619 inch steel rod set at a point of tangency;
618620 Thence, continuing with the Northwesterly line of said Rayford Road
619621 and the Southeasterly line of the said 16.2039 acre tract, South 39°
620622 48' 59" West, 125.77 feet to a 5/8 inch steel rod set at a point of
621623 curve to the left having a radius of 1180.00 feet and a central
622624 angle of 5°45' 53";
623625 Thence, continuing with the Northwesterly line of said Rayford Road
624626 and the Southeasterly line of the said 16.2039 acre tract, and with
625627 the said curve to the left having a radius of 1180.00 feet (chord
626628 bearing South 36° 56' 02" West, 118.67 feet), an arc distance of
627629 118.72 feet to a 5/8 inch steel rod set for the most Southerly
628630 corner of the said 16.2039 acre tract and the herein described
629631 tract. said point also the Southeast corner of the aforesaid
630632 Ricardo F. de Ibarlucea, 4.0000 acre tract;
631633 Thence, North 11° 50' 34" West, 453.44 feet with the East line of the
632634 said 4.0000 acre tract and the West line of the said 16.2039 acre
633635 tract to a 5/8 inch steel rod found at an interior ell corner of the
634636 herein described tract, said point also being the Northeast corner
635637 of the said 4.0000 acre tract and the Southeast corner of the
636638 aforesaid 28.2586 acre tract;
637639 Thence, South 56°40' 34" West, 373.21 feet with the North line of the
638640 said 4.0000 acre tract and the South line of the said 28.2586 acre
639641 tract to the PLACE OF BEGINNING and containing 28.8778 acres or
640642 1.257.915 square feet of land, more or less.
641643 TRACT TWO: Fieldnotes for 0.1782 acre of land out of the Amos Barber
642644 Survey, Abstract No. 125 and the Richard B. West Survey, Abstract
643645 No. 860 in Harris County, Texas, being out of and a part of that
644646 certain 0.65 acre tract of land described in instrument recorded in
645647 Volume 3118, Page 422 of the Deed Records of Harris County, and
646648 being that same 0.1782 acre tract of land conveyed to Northwood
647649 North Venture, L.P., and described as "Tract III" in deed recorded
648650 under County Clerk's File No. T951125 of the Real Property Records
649651 of Harris County, said 0.1782 acre of land being more particularly
650652 described by metes and bounds as follows:
651653 COMMENCING at a 5/8 inch steel rod found in the called North line of
652654 the Amos Barber Survey marking the Northwest corner of Forest
653655 Shadows Subdivision, Section I, the map or plat of same being
654656 recorded in Volume 58, Page 54 of the Map Records of Harris County,
655657 said point also being the Northeast corner of that certain 83.156
656658 acre tract of land described in instrument recorded in Volume 7263,
657659 Page 325 of the said Deed Records, and that certain 20.000 acre
658660 tract of land conveyed to the Aldine Independent School District
659661 and described as "Tract 2" in deed recorded under County Clerk's
660662 File No. D456846 of the said Real Property Records;
661663 Thence, South 32°05'03" East with the West line of Forest Shadows
662664 Subdivision, Sections 1, 2 and 3 and with the East line of the said
663665 83.156 acre tract and the said 20.000 acre tract, at 1501.54 feet
664666 passing a 5/8 inch steel rod set at the Northeast corner of that
665667 certain (called) 27.2585 acre tract of land conveyed to Northwood
666668 North Venture. L.P., and described as 'Tract I" in deed recorded
667669 under County Clerk's File No. T951125 of the said Real Property
668670 Records, said point also being the Southeast corner of the said
669671 20.000 acre tract, and continuing with the West line of said Forest
670672 Shadows Subdivision, Section 3, the map or plat of same being
671673 recorded in Volume 153, Page 123 of the said Map Records, the West
672674 line of Forest Shadows, Section 4, the map or plat of same being
673675 recorded in Volume 174, Page 115 of the said Map Records, and the
674676 East line of the said called 27.2585 acre tract in all, a total
675677 distance of 2327.58 feet to a 5/8 inch steel rod set for the
676678 Southeast corner of the said called 27 .2585 acre tract, said point
677679 also being the Northeast corner of that certain 7.549 acre tract of
678680 land conveyed to the Harris County Flood Control District, as
679681 described in deed recorded under County Clerk's File No. J175685 of
680682 the said Real Property Records;
681683 Thence, South 57° 26' 45" West 603.75 with the South line of the said
682684 called 27.2585 acre tract and with the North line of said 7.549 acre
683685 tract to a 5/8 inch steel rod set at an angle point;
684686 Thence, continuing with the South line of the said called 27.2585
685687 acre tract and the North of the said 7.549 acre tract, South 66° 43'
686688 00" West, 900.00 feet to a 5/8 inch steel rod set at a point of cure
687689 to the left having a radius of 695.00 feet and a central angle of 37°
688690 32' 04";
689691 Thence continuing with Southerly line of said called 27.2585 acre
690692 tract and the Northerly line of said 7.549 acre tract and with the
691693 said curve to the left having a radius of 695.000 feet (chord
692694 bearing South 47° 56' 58" West, 447.20 feet), an arc distance of
693695 455.29 feet to a 5/8 inch steel rod set for the Southwest corner of
694696 the said called 27.2585 acre tract, and an point of the said 7.549
695697 acre tract;
696698 Thence, South 12° 28' 19" East, 46.20 feet with a Westerly line of
697699 the said 7.549 acre tract to an ell corner, said point also being
698700 the most Northerly corner of the aforesaid 0.65 acre tract;
699701 Thence, South 55° 47' 26" West. 54.87 feet with the Northwesterly
700702 line of the said 0.65 acre tract and the Westerly line of the said
701703 7.549 acre tract to a 5/8 inch steel rod set for the most Northerly
702704 corner and PLACE OF BEGINNING for the herein described tract of
703705 land, said point also being an angle point in the Westerly line of
704706 the said 7.549 acre tract, said point also being in a non-tangent
705707 curve to the left having a radius of 695.00 feet and a central angle
706708 of 10° 41 '35";
707709 Thence, in a Southwesterly direction with the Westerly line of the
708710 said 7.549 acre tract and with the said curve to the left having a
709711 radius of 695.00 feet (chord bearing South 17° 11' 02" West, 129.52
710712 feet), an arc distance of 129.71 feet to a 5/8 inch steel rod set at
711713 a point of tangency;
712714 Thence, continuing with the Westerly line of the said 7.549 acre
713715 tract, South 11° 50' 14" West, 32.84 feet to a 5/8 inch steel rod set
714716 in the North line of FM. Highway No. 1960, based on a 170 foot
715717 right-of-way, for the Southeast corner of the herein described
716718 tract, said point also being the Southwest corner of the said 7.549
717719 acre tract;
718720 Thence, North 78° 09' 14" West, 63.90 feet with the North line of
719721 said FM. Highway No. 1960 to a 5/8 inch steel rod set at its
720722 intersection with the East line of Rayford Road, based on an 80 foot
721723 right-of-way, for the Southwest corner of the herein described
722724 tract, said point also being in a non-tangent curve to the right
723725 having a radius of 1100.00 feet and a central angle of 04° 31' 15";
724726 Thence, in a Northeasterly direction with the East line of said
725727 Rayford Road and the said curve to the right having a radius of
726728 1100.00 feet (chord bearing North 14° 11' 49" East, 86.77 feet), an
727729 arc distance of 86.79 feet to a 5/8 inch steel rod set in the North
728730 line of the aforesaid 0.65 acre tract for the Northwest corner of
729731 the herein described tract;
730732 Thence, North 55° 47' 26" East, 104.31 feet with the North line of
731733 the said 0.65 acre tract to the PLACE OF BEGINNING and containing
732734 0.1782 acre or 7,764 square feet of land, more or less.
733735 TRACT THREE: Fieldnotes for 27.2273 acres of land out the Amos
734736 Barber Survey Abstract No. 125 in Harris County, Texas, being out
735737 of and part of the certain 83.156 acre tract of land described in
736738 instrument recorded in Volume 7263, Page 325 of the Deed Records of
737739 Harris County, and being the same (called) 27.2585 acre tract of
738740 land conveyed to Northwood North Venture, L.P., and described as
739741 "Tract I" in deed recorded under County Clerk's No.. T951125 of the
740742 Real Property Records of Harris County, said 27.2273 acres
741743 described by metes and bounds as follows:
742744 COMMENCING in a point in the called North line of the Amos Barber
743745 Survey at the Northwest corner of Forest Shadows Subdivision,
744746 Section I, the map or plat of same being recorded in Volume58, Page
745747 54 of the Map Records of Harris County, said point also the
746748 Northeast corner of the said 83.156 acre tract and that certain
747749 20.000 acre tract of land conveyed to the Aldine Independent School
748750 District and described as "Tract 2" in deed recorded under Clerk's
749751 File No. D456846 of the said Real Property Records;
750752 Thence, South 32° 05 03" East (called South 32° 08' 41" East in
751753 vesting deed), 1501.54 feet with the West line of Forest Shadows
752754 Subdivision, Sections 1, 2 and 3 and with the East line of the said
753755 83.156 acre tract and the said 20.000 acre tract to a 5/8 inch steel
754756 rod set for the Northeast corner and PLACE OF BEGINNING for the
755757 herein described tract of land, said point being the Southeast
756758 corner of the said 20.000 acre tract, said point also being in the
757759 West line of said Forest Shadows Subdivision, Section 3, the map or
758760 plat of same recorded in Volume 153, Page 123 of the said Map
759761 Records;
760762 Thence continuing with the West line of the said Forest Shadows
761763 Subdivision, Section 3, and the East line of the said 83.156 acre
762764 tract, South 32° 05' 03" East, at 260 feet passing the Southwest
763765 corner of said Section 3 and the Northwest corner of Forest Shadows,
764766 Section 4, the map or plat of same being recorded in Volume 174,
765767 Page 115 of the said Map Records, and continuing with the West line
766768 of said Section 4 in all, a total distance of 826.04 feet to a 5/8
767769 inch steel rod set for the Southeast corner of the herein described
768770 tract, said point also being the Northeast corner of that certain
769771 7.549 acre tract of land conveyed to the Harris Flood Control
770772 District, as described in deed recorded under Clerk's File No.
771773 J175685 of the said Real Records;
772774 Thence, South 57° 26' 45" West, 603.75 feet with the North line of
773775 the said 7,549 acre tract to a 5/8 inch steel rod set as an angle
774776 point;
775777 Thence, continuing with the North line of the said 7.549 acre tract,
776778 South 66° 43' 00" West, 900.00 feet (called South 67° 21' 27" West in
777779 7.549 acre deed) to a 5/8 inch steel rod set at a point of curve to
778780 the left having a radius of 695.00 feet and a central angle of 37°
779781 32' 04";
780782 Thence, continuing Northwesterly line of the said 7.549 acre tract
781783 and with the said curve to the left having a radius of 695.00 feet
782784 and central angle of 47° 56' 58" West, 447.20 feet), an arc distance
783785 of 455.29 feet to a 5/8 inch steel rod set or the Southwest corner of
784786 the herein described tract;
785787 Thence, North 11° 50' 34" West, 103.53 feet to a 5/8 inch steel rod
786788 set in the Southeasterly line of Rayford Road, based on an 80 foot
787789 right-of-way, said point being in a non-tangent curve to the right
788790 having a radius of 1100.00 feet and a central angle of 9° 57' 21";
789791 Thence, in a Northeasterly direction with the Southeasterly line of
790792 said Rayford Road and with the said curve to the having a radius of
791793 1100.00 feet (chord bearing North 34° 50' 18" East, 190.90 feet), an
792794 arc distance of 191.14 feet to a 5/8 inch steel rod set at a point of
793795 tangency;
794796 Thence, continuing with the Southeasterly line of said Rayford
795797 Road, North 39°48' 59" East, 125.77 feet to a 5/8 inch steel rod set
796798 at a point of curve to the left having a radius of 1200.00 feet and a
797799 central angle of 50° 39'42";
798800 Thence, continuing with the Southeasterly line of said Rayford Road
799801 and with the said curve to the left having a radius of 1200.00 feet
800802 (chord bearing North 14° 29' 08" East, 1026.83 feet), an arc
801803 distance of 1061.06 feet to a 5/8 inch steel rod set at a point of
802804 tangency;
803805 Thence, continuing with an Easterly line of said Rayford Road,
804806 North 10°50'43" West, 174.19 to a 5/8 inch steel rod set for the
805807 Northwest corner of the herein described tract, said point also
806808 being the Southwest corner of the aforesaid Aldine Independence
807809 School District 20.000 acre tract;
808810 Thence, North 79°09'40" East. 851.68 feet with the South line of the
809811 said 20.000 acre tract to the PLACE OF BEGINNING and containing
810812 27.2273 acres or 1,186,023 square feet of land, more or less.
811813 SECTION 3. (a) The legal notice of the intention to
812814 introduce this Act, setting forth the general substance of this
813815 Act, has been published as provided by law, and the notice and a
814816 copy of this Act have been furnished to all persons, agencies,
815817 officials, or entities to which they are required to be furnished
816818 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
817819 Government Code.
818820 (b) The governor, one of the required recipients, has
819821 submitted the notice and Act to the Texas Commission on
820822 Environmental Quality.
821823 (c) The Texas Commission on Environmental Quality has filed
822824 its recommendations relating to this Act with the governor,
823825 lieutenant governor, and speaker of the house of representatives
824826 within the required time.
825827 (d) The general law relating to consent by political
826828 subdivisions to the creation of districts with conservation,
827829 reclamation, and road powers and the inclusion of land in those
828830 districts has been complied with.
829831 (e) All requirements of the constitution and laws of this
830832 state and the rules and procedures of the legislature with respect
831833 to the notice, introduction, and passage of this Act have been
832834 fulfilled and accomplished.
833835 SECTION 4. This Act takes effect immediately if it receives
834836 a vote of two-thirds of all the members elected to each house, as
835837 provided by Section 39, Article III, Texas Constitution. If this
836838 Act does not receive the vote necessary for immediate effect, this
837839 Act takes effect September 1, 2017.
838840
839841 Pos. No. Name of Director:
840842
841843 1 Rob Burchfield
842844
843845 2 Jin Laxmidas
844846
845847 3 Sigita Burchfield
846848
847849 4 Nicole Eddy
848850
849851 5 Linda Warren