85R29473 JXC-F
By: Cortez H.B. No. 4349
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Alamo Management District;
providing authority to issue bonds; providing authority to impose
assessments and fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3636 to read as follows:
CHAPTER 3636. ALAMO MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3636.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of San Antonio.
(3) "Commissioner" means the commissioner of the
General Land Office.
(4) "County" means Bexar County.
(5) "Director" means a board member.
(6) "District" means the Alamo Management District.
Sec. 3636.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3636.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city,
county, and other political subdivisions to contract with the
district, the legislature has established a program to accomplish
the public purposes set out in Section 52-a, Article III, Texas
Constitution.
(b) The creation of the district is necessary to protect and
preserve the Alamo shrine and the area surrounding the Alamo
shrine.
(c) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, tourism, recreation, the arts, entertainment,
enjoyment of historic and cultural treasures, economic
development, safety, health, and the public welfare in the
district.
(d) This chapter and the creation of the district may not be
interpreted to relieve the city or county from providing the level
of services provided on November 1, 2016, to the area in the
district. The district is created to supplement and not to supplant
city and county services provided in the district or city and county
zoning or site development ordinances or orders applicable to the
territory in the district.
Sec. 3636.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding for the district to
protect, preserve, maintain, and enhance the economic health and
vitality of the district territory as a community, business,
historic, and cultural center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic,
cultural, and aesthetic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement. Parking facilities are considered to be a street or
road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3636.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act enacting this chapter form a closure. A
mistake in the field notes of the district contained in Section 2 of
the Act enacting this chapter or in copying the field notes in the
legislative process does not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond or other obligation
for a purpose for which the district is created or to pay the
principal of and interest on a bond;
(3) right to impose or collect an assessment; or
(4) legality or operation.
Sec. 3636.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) a similar zone created for economic development
purposes.
Sec. 3636.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3636.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
Sec. 3636.009. CONFLICT WITH RIVER AUTHORITY. If any
authority or power granted to the district overlaps or conflicts
with any authority or power granted to the San Antonio River
Authority, the authority or power granted to the San Antonio River
Authority shall supersede and control over the authority or power
granted to the district, unless the San Antonio River Authority
consents to the exercise of the authority or power by the district.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3636.051. BOARD; TERMS. (a) The district is governed
by a board of seven voting directors who serve staggered terms of
four years, with three or four directors' terms expiring February 1
of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board if the board determines that the change is in
the best interest of the district. The board may not consist of
fewer than 7 or more than 15 voting directors.
Sec. 3636.052. APPOINTMENT AND REMOVAL OF DIRECTORS. (a)
The commissioner serves as the presiding officer of the board.
(b) The commissioner shall appoint the remaining members of
the board as follows:
(1) a person with knowledge of Texas history;
(2) a person with knowledge of preservation or
operation of historic sites;
(3) a person with knowledge of fund-raising or state
funding sources and procedures;
(4) a person with knowledge of municipal land use or
site development regulation;
(5) a person who owns a business in or near the
district; and
(6) a person qualified to serve as a director under
Section 375.063, Local Government Code.
(c) If the board increases the number of directors under
Section 3636.051 to more than seven, the commissioner shall appoint
the additional directors. The additional directors must be
qualified to serve as a director under Section 375.063, Local
Government Code.
(d) If a vacancy occurs on the board, the commissioner shall
appoint a director for the remainder of the unexpired term only with
the approval of a majority of the remaining directors.
(e) Each director serves at the pleasure of the
commissioner. The commissioner may remove a director at any time in
a manner authorized by law.
Sec. 3636.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3636.054. QUORUM; BOARD ACTION. (a) Section 375.071,
Local Government Code, does not apply to the board.
(b) For purposes of determining the requirements for a
quorum of the board, the following are not counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
(c) A concurrence of a majority of a quorum of directors is
required for an official action of the district.
(d) Official actions of the district must be made by written
resolution.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3636.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3636.102. STANDARDS FOR LAND USE, SITE DEVELOPMENT,
ARCHITECTURAL DESIGN. (a) The district may adopt and enforce
standards for land use, site development, and architectural design
in the district to ensure that land use, site development, and
architecture in the district are compatible with land use, site
development, and architecture in the Alamo complex.
(b) The district may create and adopt a master plan for land
use, site development, and architectural design in the district. If
the district adopts a master plan, any standards adopted under
Subsection (a) must conform with the plan.
(c) A standard adopted under this section may not be less
strict than a standard adopted by the city that applies to land or
architecture in the district.
Sec. 3636.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3636.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3636.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3636.106. CONTRACT WITH POLITICAL SUBDIVISION. The
county, the city, or another political subdivision of this state,
without further authorization, may contract with the district to
implement a project of the district or assist the district in
providing a service authorized under this chapter. A contract
under this section may:
(1) be for a period on which the parties agree;
(2) include terms on which the parties agree;
(3) be payable from any source of revenue that may be
available for that project or service; and
(4) provide terms under which revenue collected at a
district project or from a person using or purchasing a commodity or
service at a district project may be paid or rebated to the
district.
Sec. 3636.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3636.108. ANNEXATION. The district may annex
territory that is adjacent to the district in the manner provided by
Section 49.301, Water Code.
Sec. 3636.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3636.151. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or an
improvement project under this chapter unless a written petition
requesting that service or improvement is filed with the board.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the district subject to
assessment according to the most recent certified tax appraisal
roll for the county.
Sec. 3636.152. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3636.153. AUTHORITY TO IMPOSE ASSESSMENTS, IMPACT
FEES, AND OTHER FEES. (a) The district may impose an assessment,
impact fee, or other fee as provided by Chapter 375, Local
Government Code, to finance:
(1) an improvement this chapter authorizes the
district to construct or acquire; or
(2) a service this chapter authorizes the district to
provide.
(b) The district may impose an assessment, impact fee, or
other fee only on property on which a structure is, on or after the
date the district is created:
(1) constructed; or
(2) renovated in a manner that removes, replaces, or
renovates at least 50 percent of the square footage of the
structure.
Sec. 3636.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter.
(b) An assessment or reassessment, including an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid.
(d) The board may correct, add to, or delete assessments
from its assessment rolls after notice and hearing as provided by
Subchapter F, Chapter 375, Local Government Code.
Sec. 3636.155. ASSESSMENT ABATEMENTS. The district may
grant abatements of an assessment on property in the district.
Sec. 3636.156. USE OF ELECTRICAL OR OPTICAL LINES. (a) The
district may impose an assessment to pay the cost of:
(1) burying or removing electrical power lines,
telephone lines, cable or fiber-optic lines, or any other type of
electrical or optical line;
(2) removing poles and any elevated lines using the
poles; and
(3) reconnecting the lines described by Subdivision
(2) to the buildings or other improvements to which the lines were
connected.
(b) The district may acquire, operate, or charge fees for
the use of the district conduits for:
(1) another person's:
(A) telecommunications network;
(B) fiber-optic cable; or
(C) electronic transmission line; or
(2) any other type of transmission line or supporting
facility.
(c) The district may not require a person to use a district
conduit.
(d) The district may not impose an assessment under this
section on the property, including the equipment, rights-of-way,
facilities, or improvements, of:
(1) a telecommunications provider, as defined by
Section 51.002, Utilities Code; or
(2) a cable service provider or a video service
provider, as defined by Section 66.002, Utilities Code.
(e) Subsection (d) does not apply to property that is used
for an office.
Sec. 3636.157. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
Sec. 3636.158. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds, notes, or other obligations payable
wholly or partly from assessments or other money available to the
district in the manner provided by Subchapter J, Chapter 375, Local
Government Code.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
SUBCHAPTER E. DISSOLUTION BY BOARD
Sec. 3636.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of
whether the district has debt. Section 375.264, Local Government
Code, does not apply to the district.
(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
SUBCHAPTER Z. SPECIAL BOND PROVISIONS
Sec. 3636.901. APPLICABILITY. This subchapter applies to
bonds payable wholly or partly from revenue derived from
assessments on real property in the district.
Sec. 3636.902. CONFLICT OF LAWS. In the event of a conflict
between this subchapter and any other law, this subchapter
prevails.
Sec. 3636.903. WRITTEN AGREEMENT REGARDING SPECIAL
APPRAISALS. Before issuing bonds, the district and any person to
whom the governing body of the district intends that proceeds of the
bonds be distributed, including a developer or other owner of land
in the district, and any entity acting as a lender to a developer or
other owner of land in the district for the purpose of a project
relating to the district, must enter into a written agreement that:
(1) waives for the term of the agreement the right to a
special appraisal with respect to taxation by the district under
Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
(2) remains in effect for 30 years and is binding on
the parties, on entities related to or affiliated with the parties,
and on their successors and assignees.
Sec. 3636.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE.
The district may not advertise for an issuance of bonds until the
completion of at least 25 percent of the projected value of the
improvements, including houses and other buildings, that are liable
for district assessments and necessary to support the district
bonds.
Sec. 3636.905. REQUIREMENTS FOR BOND ISSUE. The district
may not issue bonds until:
(1) the district submits to the Texas Commission on
Environmental Quality:
(A) an engineer's report describing the project
for which the bonds will provide funding, including data, profiles,
maps, plans, and specifications related to the project; and
(B) a cash flow analysis to determine the
projected rate of assessment, which includes the following
assumptions:
(i) each ending balance for debt service in
the analysis is not less than 25 percent of the following year's
debt service requirement;
(ii) interest income is only shown on the
ending balance for debt service for the first two years; and
(iii) the projected rate of assessment is
level or decreasing for the life of the bonds issued by the
district;
(2) the completion of at least 75 percent of the
projected value of the improvements, including houses and other
buildings, that are liable for district assessments and necessary
to support the district bonds; and
(3) the district has obtained an independent market
study from a firm recognized in the area of real estate market
analysis supporting the development projects for the real property
that is liable for district assessments and necessary to support
the district bonds.
Sec. 3636.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO
PAY CERTAIN BONDS. The district may not collect an assessment to be
used for the payment of bonds to be issued to finance the
construction of underground water, wastewater, and drainage
facilities until:
(1) the completion of at least 95 percent of the
underground water, wastewater, and drainage facilities financed
from bond proceeds that are necessary to serve the projected
build-out, as certified by the district's engineer;
(2) the district or other appropriate party has
secured the groundwater, surface water, and water discharge permits
that are necessary to secure capacity to support the projected
build-out;
(3) the completion of at least 95 percent of lift
station, water plant, and sewage treatment plant capacity
sufficient to serve the connections constructed in the project for
a period of not less than 18 months, as certified by the district's
engineer; and
(4) the completion of at least 95 percent of the
streets and roads that are necessary to provide access to the areas
served by utilities and to be financed by the proceeds of the bonds,
as certified by the district's engineer and constructed in
accordance with city or county standards.
SECTION 2. The Alamo Management District initially includes
all the territory contained in the following area:
From the midpoint of the intersection of W Market Street and N
Presa Street; Northward along N Presa Street, to the intersection
of E Houston Street and N Presa Street; Eastward along E Houston
Street to the intersection of E Houston Street and Jefferson;
Northward along Jefferson to the intersection of Jefferson and E
Travis Street; Eastward along E Travis Street, to the intersection
of N Alamo Street and E Travis Street; Northeastward along N Alamo
Street to the intersection of 4th Street and N Alamo Street;
Southeastward along 4th Street to the intersection of Bonham Street
and 4th Street; Northeastward along Bonham Street to the
intersection of Elm Street and Bonham Street; Southward along Elm
Street to the intersection of E Houston Street and Elm Street;
Eastward along E Houston Street to IH-37; Southeastward along the
south-bound lanes of IH-37, to the intersection of IH-37 and E
Market Street; West-northwestward along E Market Street to the
point of origin, the intersection of W Market Street and N Presa
Street.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.