Texas 2017 - 85th Regular

Texas House Bill HB4349 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Cortez, et al. (Senate Sponsor - Menéndez) H.B. No. 4349
2		-	(In the Senate - Received from the House May 19, 2017;
3		-	May 19, 2017, read first time and referred to Committee on
4		-	Administration; May 23, 2017, reported favorably by the following
5		-	vote: Yeas 5, Nays 1, 1 present not voting; May 23, 2017, sent to
6		-	printer.)
7		-	Click here to see the committee vote
	1	+	85R30226 JXC-F
	2	+	By: Cortez, Bernal, Larson, H.B. No. 4349
	3	+	Rodriguez of Bexar, Kuempel
8	4
9	5
10	6		A BILL TO BE ENTITLED
11	7		AN ACT
12	8		relating to the creation of the Alamo Management District;
13	9		providing authority to issue bonds.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Subtitle C, Title 4, Special District Local Laws
16	12		Code, is amended by adding Chapter 3636 to read as follows:
17	13		CHAPTER 3636. ALAMO MANAGEMENT DISTRICT
18	14		SUBCHAPTER A. GENERAL PROVISIONS
19	15		Sec. 3636.001. DEFINITIONS. In this chapter:
20	16		(1) "Board" means the district's board of directors.
21	17		(2) "City" means the City of San Antonio.
22	18		(3) "Commissioner" means the commissioner of the
23	19		General Land Office.
24	20		(4) "County" means Bexar County.
25	21		(5) "Director" means a board member.
26	22		(6) "District" means the Alamo Management District.
27	23		Sec. 3636.002. CREATION AND NATURE OF DISTRICT. The
28	24		district is a special district created under Section 59, Article
29	25		XVI, Texas Constitution.
30	26		Sec. 3636.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
31	27		creation of the district is essential to accomplish the purposes of
32	28		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
33	29		Texas Constitution, and other public purposes stated in this
34	30		chapter. By creating the district and in authorizing the city,
35	31		county, and other political subdivisions to contract with the
36	32		district, the legislature has established a program to accomplish
37	33		the public purposes set out in Section 52-a, Article III, Texas
38	34		Constitution.
39	35		(b) The creation of the district is necessary to protect and
40	36		preserve the Alamo shrine and the area surrounding the Alamo
41	37		shrine.
42	38		(c) The creation of the district is necessary to promote,
43	39		develop, encourage, and maintain employment, commerce,
44	40		transportation, tourism, recreation, the arts, entertainment,
45	41		enjoyment of historic and cultural treasures, economic
46	42		development, safety, health, and the public welfare in the
47	43		district.
48	44		(d) This chapter and the creation of the district may not be
49	45		interpreted to relieve the city or county from providing the level
50	46		of services provided on November 1, 2016, to the area in the
51	47		district. The district is created to supplement and not to supplant
52	48		city and county services provided in the district or city and county
53	49		zoning or site development ordinances or orders applicable to the
54	50		territory in the district.
55	51		Sec. 3636.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
56	52		The district is created to serve a public use and benefit.
57	53		(b) All land and other property included in the district
58	54		will benefit from the improvements and services to be provided by
59	55		the district under powers conferred by Sections 52 and 52-a,
60	56		Article III, and Section 59, Article XVI, Texas Constitution, and
61	57		other powers granted under this chapter.
62	58		(c) The creation of the district is in the public interest
63	59		and is essential to further the public purposes of:
64	60		(1) developing and diversifying the economy of the
65	61		state;
66	62		(2) eliminating unemployment and underemployment; and
67	63		(3) developing or expanding transportation and
68	64		commerce.
69	65		(d) The district will:
70	66		(1) promote the health, safety, and general welfare of
71	67		residents, employers, employees, visitors, and consumers in the
72	68		district, and of the public;
73	69		(2) provide needed funding for the district to
74	70		protect, preserve, maintain, and enhance the economic health and
75	71		vitality of the district territory as a community, business,
76	72		historic, and cultural center; and
77	73		(3) promote the health, safety, welfare, and enjoyment
78	74		of the public by providing pedestrian ways and by landscaping and
79	75		developing certain areas in the district, which are necessary for
80	76		the restoration, preservation, and enhancement of scenic,
81	77		cultural, and aesthetic beauty.
82	78		(e) Pedestrian ways along or across a street, whether at
83	79		grade or above or below the surface, and street lighting, street
84	80		landscaping, and street art objects are parts of and necessary
85	81		components of a street and are considered to be a street or road
86	82		improvement. Parking facilities are considered to be a street or
87	83		road improvement.
88	84		(f) The district will not act as the agent or
89	85		instrumentality of any private interest even though the district
90	86		will benefit many private interests as well as the public.
91	87		Sec. 3636.005. INITIAL DISTRICT TERRITORY. (a) The
92	88		district is initially composed of the territory described by
93	89		Section 2 of the Act enacting this chapter.
94	90		(b) The boundaries and field notes of the district contained
95	91		in Section 2 of the Act enacting this chapter form a closure. A
96	92		mistake in the field notes of the district contained in Section 2 of
97	93		the Act enacting this chapter or in copying the field notes in the
98	94		legislative process does not in any way affect the district's:
99	95		(1) organization, existence, or validity;
100	96		(2) right to issue any type of bond or other obligation
101	97		for a purpose for which the district is created or to pay the
102	98		principal of and interest on a bond;
103	99		(3) right to impose or collect an assessment; or
104	100		(4) legality or operation.
105	101		Sec. 3636.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
106	102		All or any part of the area of the district is eligible to be
107	103		included in:
108	104		(1) a tax increment reinvestment zone created under
109	105		Chapter 311, Tax Code;
110	106		(2) a tax abatement reinvestment zone created under
111	107		Chapter 312, Tax Code;
112	108		(3) an enterprise zone created under Chapter 2303,
113	109		Government Code; or
114	110		(4) a similar zone created for economic development
115	111		purposes.
116	112		Sec. 3636.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
117	113		DISTRICTS LAW. Except as otherwise provided by this chapter,
118	114		Chapter 375, Local Government Code, applies to the district.
119	115		Sec. 3636.008. LIBERAL CONSTRUCTION OF CHAPTER. This
120	116		chapter shall be liberally construed in conformity with the
121	117		findings and purposes stated in this chapter.
122	118		Sec. 3636.009. CONFLICT WITH RIVER AUTHORITY. If any
123	119		authority or power granted to the district overlaps or conflicts
124	120		with any authority or power granted to the San Antonio River
125	121		Authority, the authority or power granted to the San Antonio River
126	122		Authority shall supersede and control over the authority or power
127	123		granted to the district, unless the San Antonio River Authority
128	124		consents to the exercise of the authority or power by the district.
129	125		Sec. 3636.010. CONFLICT WITH CITY. If any authority or
130	126		power granted to the district overlaps or conflicts with any
131	127		authority or power granted to the city, the authority or power
132	128		granted to the city shall supersede and control over the authority
133	129		or power granted to the district, unless the city consents to the
134	130		exercise of the authority or power by the district.
135	131		SUBCHAPTER B. BOARD OF DIRECTORS
136	132		Sec. 3636.051. BOARD; TERMS. (a) The district is governed
137	133		by a board of seven voting directors who serve staggered terms of
138	134		four years, with three or four directors' terms expiring February 1
139	135		of each odd-numbered year.
140	136		(b) The board by resolution may change the number of voting
141	137		directors on the board if the board determines that the change is in
142	138		the best interest of the district. The board may not consist of
143	139		fewer than 7 or more than 15 voting directors.
144	140		Sec. 3636.052. APPOINTMENT AND REMOVAL OF DIRECTORS. (a)
145	141		The commissioner serves as the presiding officer of the board.
146	142		(b) The mayor of the city shall serve as a director or
147	143		appoint a person to serve on behalf of the mayor.
148	144		(c) The commissioner shall appoint the remaining members of
149	145		the board as follows:
150	146		(1) a person with knowledge of Texas history;
151	147		(2) a person with knowledge of preservation or
152	148		operation of historic sites;
153	149		(3) a person with knowledge of fund-raising or state
154	150		funding sources and procedures;
155	151		(4) a person with knowledge of municipal land use or
156	152		site development regulation; and
157	153		(5) a person who owns a business in or near the
158	154		district.
159	155		(d) If the board increases the number of directors under
160	156		Section 3636.051 to more than seven, the commissioner shall appoint
161	157		the additional directors. The additional directors must be
162	158		qualified to serve as a director under Section 375.063, Local
163	159		Government Code.
164	160		(e) If a vacancy occurs on the board, the commissioner shall
165	161		appoint a director for the remainder of the unexpired term only with
166	162		the approval of a majority of the remaining directors.
167	163		(f) Each director appointed under Subsection (c) serves at
168	164		the pleasure of the commissioner. The commissioner may remove a
169	165		director at any time in a manner authorized by law.
170	166		Sec. 3636.053. NONVOTING DIRECTORS. The board may appoint
171	167		nonvoting directors to serve at the pleasure of the voting
172	168		directors.
173	169		Sec. 3636.054. QUORUM; BOARD ACTION. (a) Section 375.071,
174	170		Local Government Code, does not apply to the board.
175	171		(b) For purposes of determining the requirements for a
176	172		quorum of the board, the following are not counted:
177	173		(1) a board position vacant for any reason, including
178	174		death, resignation, or disqualification;
179	175		(2) a director who is abstaining from participation in
180	176		a vote because of a conflict of interest; or
181	177		(3) a nonvoting director.
182	178		(c) A concurrence of a majority of a quorum of directors is
183	179		required for an official action of the district.
184	180		(d) Official actions of the district must be made by written
185	181		resolution.
186	182		SUBCHAPTER C. POWERS AND DUTIES
187	183		Sec. 3636.101. GENERAL POWERS AND DUTIES. The district has
188	184		the powers and duties necessary to accomplish the purposes for
189	185		which the district is created.
190	186		Sec. 3636.102. MASTER PLAN. The district may participate
191	187		with the city in the development and implementation of an Alamo
192	188		Complex Master Plan.
193	189		Sec. 3636.103. AGREEMENTS; GRANTS. (a) As provided by
194	190		Chapter 375, Local Government Code, the district may make an
195	191		agreement with or accept a gift, grant, or loan from any person.
196	192		(b) The implementation of a project is a governmental
197	193		function or service for the purposes of Chapter 791, Government
198	194		Code.
199	195		Sec. 3636.104. CONTRACT WITH POLITICAL SUBDIVISION. The
200	196		county, the city, or another political subdivision of this state,
201	197		without further authorization, may contract with the district to
202	198		implement a project of the district or assist the district in
203	199		providing a service authorized under this chapter. A contract
204	200		under this section may:
205	201		(1) be for a period on which the parties agree;
206	202		(2) include terms on which the parties agree;
207	203		(3) be payable from any source of revenue that may be
208	204		available for that project or service; and
209	205		(4) provide terms under which revenue collected at a
210	206		district project or from a person using or purchasing a commodity or
211	207		service at a district project may be paid or rebated to the
212	208		district.
213	209		Sec. 3636.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
214	210		district may join and pay dues to a charitable or nonprofit
215	211		organization that performs a service or provides an activity
216	212		consistent with the furtherance of a district purpose.
217	213		Sec. 3636.106. NO ANNEXATION. The district may not annex
218	214		territory.
219	215		Sec. 3636.107. NO EMINENT DOMAIN POWER. The district may
220	216		not exercise the power of eminent domain.
221	217		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
222	218		Sec. 3636.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
223	219		board by resolution shall establish the number of directors'
224	220		signatures and the procedure required for a disbursement or
225	221		transfer of the district's money.
226	222		Sec. 3636.152. NO TAXES, ASSESSMENTS, OR FEES. The
227	223		district may not impose a tax, assessment, or fee.
228	224		Sec. 3636.153. BONDS AND OTHER OBLIGATIONS. (a) The
229	225		district may issue bonds, notes, or other obligations payable from
230	226		money available to the district in the manner provided by
231	227		Subchapter J, Chapter 375, Local Government Code.
232	228		(b) In exercising the district's borrowing power, the
233	229		district may issue a bond or other obligation in the form of a bond,
234	230		note, certificate of participation or other instrument evidencing a
235	231		proportionate interest in payments to be made by the district, or
236	232		other type of obligation.
237	233		Sec. 3636.154. REQUIREMENTS FOR BOND ISSUE. The district
238	234		may not issue bonds until the district submits to the Texas
239	235		Commission on Environmental Quality:
240	236		(1) an engineer's report describing the project for
241	237		which the bonds will provide funding, including data, profiles,
242	238		maps, plans, and specifications related to the project; and
243	239		(2) a cash flow analysis to determine the projected
244	240		bond payoff schedule, which includes the following assumptions:
245	241		(A) each ending balance for debt service in the
246	242		analysis is not less than 25 percent of the following year's debt
247	243		service requirement; and
248	244		(B) interest income is only shown on the ending
249	245		balance for debt service for the first two years.
250	246		SUBCHAPTER E. DISSOLUTION BY BOARD
251	247		Sec. 3636.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
252	248		DEBT. (a) The board may dissolve the district regardless of
253	249		whether the district has debt. Section 375.264, Local Government
254	250		Code, does not apply to the district.
255	251		(b) If the district has debt when it is dissolved, the
256	252		district shall remain in existence solely for the purpose of
257	253		discharging its debts. The dissolution is effective when all debts
258	254		have been discharged.
259	255		SECTION 2. The Alamo Management District initially includes
260	256		all the territory contained in the following area:
261	257		From the midpoint of the intersection of W Market Street and N
262	258		Presa Street; Northward along N Presa Street, to the intersection
263	259		of E Houston Street and N Presa Street; Eastward along E Houston
264	260		Street to the intersection of E Houston Street and Jefferson;
265	261		Northward along Jefferson to the intersection of Jefferson and E
266	262		Travis Street; Eastward along E Travis Street, to the intersection
267	263		of N Alamo Street and E Travis Street; Northeastward along N Alamo
268	264		Street to the intersection of 4th Street and N Alamo Street;
269	265		Southeastward along 4th Street to the intersection of Bonham Street
270	266		and 4th Street; Northeastward along Bonham Street to the
271	267		intersection of Elm Street and Bonham Street; Southward along Elm
272	268		Street to the intersection of E Houston Street and Elm Street;
273	269		Eastward along E Houston Street to IH-37; Southeastward along the
274	270		south-bound lanes of IH-37, to the intersection of IH-37 and E
275	271		Market Street; West-northwestward along E Market Street to the
276	272		point of origin, the intersection of W Market Street and N Presa
277	273		Street.
278	274		SECTION 3. (a) The legal notice of the intention to
279	275		introduce this Act, setting forth the general substance of this
280	276		Act, has been published as provided by law, and the notice and a
281	277		copy of this Act have been furnished to all persons, agencies,
282	278		officials, or entities to which they are required to be furnished
283	279		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
284	280		Government Code.
285	281		(b) The governor, one of the required recipients, has
286	282		submitted the notice and Act to the Texas Commission on
287	283		Environmental Quality.
288	284		(c) The Texas Commission on Environmental Quality has filed
289	285		its recommendations relating to this Act with the governor,
290	286		lieutenant governor, and speaker of the house of representatives
291	287		within the required time.
292	288		(d) The general law relating to consent by political
293	289		subdivisions to the creation of districts with conservation,
294	290		reclamation, and road powers and the inclusion of land in those
295	291		districts has been complied with.
296	292		(e) All requirements of the constitution and laws of this
297	293		state and the rules and procedures of the legislature with respect
298	294		to the notice, introduction, and passage of this Act have been
299	295		fulfilled and accomplished.
300	296		SECTION 4. This Act takes effect immediately if it receives
301	297		a vote of two-thirds of all the members elected to each house, as
302	298		provided by Section 39, Article III, Texas Constitution. If this
303	299		Act does not receive the vote necessary for immediate effect, this
304	300		Act takes effect September 1, 2017.
305		-	* * * * *