85R30226 JXC-F
By: Cortez, Bernal, Larson, H.B. No. 4349
Rodriguez of Bexar, Kuempel
Substitute the following for H.B. No. 4349:
By: Schubert C.S.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.
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.
Sec. 3636.010. CONFLICT WITH CITY. If any authority or
power granted to the district overlaps or conflicts with any
authority or power granted to the city, the authority or power
granted to the city shall supersede and control over the authority
or power granted to the district, unless the city 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 mayor of the city shall serve as a director or
appoint a person to serve on behalf of the mayor.
(c) 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; and
(5) a person who owns a business in or near the
district.
(d) 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.
(e) 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.
(f) Each director appointed under Subsection (c) 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. MASTER PLAN. The district may participate
with the city in the development and implementation of an Alamo
Complex Master Plan.
Sec. 3636.103. 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. 3636.104. 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. 3636.105. 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. 3636.106. NO ANNEXATION. The district may not annex
territory.
Sec. 3636.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3636.151. 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. 3636.152. NO TAXES, ASSESSMENTS, OR FEES. The
district may not impose a tax, assessment, or fee.
Sec. 3636.153. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds, notes, or other obligations payable from
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.
Sec. 3636.154. REQUIREMENTS FOR BOND ISSUE. The district
may not issue bonds until the district submits to the Texas
Commission on Environmental Quality:
(1) 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
(2) a cash flow analysis to determine the projected
bond payoff schedule, which includes the following assumptions:
(A) each ending balance for debt service in the
analysis is not less than 25 percent of the following year's debt
service requirement; and
(B) interest income is only shown on the ending
balance for debt service for the first two years.
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.
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.