| Old | New | Differences | |
|---|---|---|---|
| 1 | + | 85R17991 JCG-F | |
| 1 | 2 | By: Creighton S.B. No. 2269 | |
| 2 | - | (In the Senate - Filed April 7, 2017; April 10, 2017, read | |
| 3 | - | first time and referred to Committee on Intergovernmental | |
| 4 | - | Relations; May 3, 2017, reported adversely, with favorable | |
| 5 | - | Committee Substitute by the following vote: Yeas 6, Nays 0; | |
| 6 | - | May 3, 2017, sent to printer.) | |
| 7 | - | Click here to see the committee vote | |
| 8 | - | COMMITTEE SUBSTITUTE FOR S.B. No. 2269 By: Garcia | |
| 9 | 3 | ||
| 10 | 4 | ||
| 11 | 5 | A BILL TO BE ENTITLED | |
| 12 | 6 | AN ACT | |
| 13 | 7 | relating to creation of the Bolivar Management District; providing | |
| 14 | 8 | authority to issue bonds; providing authority to impose | |
| 15 | 9 | assessments, fees, and taxes. | |
| 16 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 17 | 11 | SECTION 1. Subtitle C, Title 4, Special District Local Laws | |
| 18 | - | Code, is amended by adding Chapter | |
| 19 | - | CHAPTER | |
| 12 | + | Code, is amended by adding Chapter 3942 to read as follows: | |
| 13 | + | CHAPTER 3942. BOLIVAR MANAGEMENT DISTRICT | |
| 20 | 14 | SUBCHAPTER A. GENERAL PROVISIONS | |
| 21 | - | Sec. | |
| 15 | + | Sec. 3942.001. DEFINITIONS. In this chapter: | |
| 22 | 16 | (1) "Board" means the board of directors of the | |
| 23 | 17 | district. | |
| 24 | 18 | (2) "City" means the City of Galveston. | |
| 25 | 19 | (3) "County" means Galveston County. | |
| 26 | 20 | (4) "District" means the Bolivar Management District. | |
| 27 | - | Sec. | |
| 21 | + | Sec. 3942.002. BOLIVAR MANAGEMENT DISTRICT. The Bolivar | |
| 28 | 22 | Management District is a special district created under Section 59, | |
| 29 | 23 | Article XVI, Texas Constitution. | |
| 30 | - | Sec. | |
| 24 | + | Sec. 3942.003. PURPOSE; DECLARATION OF INTENT. (a) The | |
| 31 | 25 | creation of the district is essential to accomplish the purposes of | |
| 32 | 26 | Sections 52 and 52-a, Article III, and Section 59, Article XVI, | |
| 33 | 27 | Texas Constitution, and other public purposes stated in this | |
| 34 | 28 | chapter. By creating the district and in authorizing the county and | |
| 35 | 29 | other political subdivisions to contract with the district, the | |
| 36 | 30 | legislature has established a program to accomplish the public | |
| 37 | 31 | purposes set out in Section 52-a, Article III, Texas Constitution. | |
| 38 | 32 | (b) The creation of the district is necessary to promote, | |
| 39 | 33 | develop, encourage, and maintain employment, commerce, | |
| 40 | 34 | transportation, housing, tourism, recreation, the arts, | |
| 41 | 35 | entertainment, economic development, safety, and the public | |
| 42 | 36 | welfare in the area of the district. | |
| 43 | 37 | (c) This chapter and the creation of the district may not be | |
| 44 | 38 | interpreted to relieve the county from providing the level of | |
| 45 | 39 | services provided, as of the effective date of the Act enacting this | |
| 46 | 40 | chapter, to the area in the district. The district is created to | |
| 47 | 41 | supplement and not to supplant the county services provided in the | |
| 48 | 42 | area in the district. | |
| 49 | - | Sec. | |
| 50 | - | ||
| 43 | + | Sec. 3942.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | |
| 44 | + | The district is created to serve a public use and benefit. | |
| 51 | 45 | (b) All land and other property included in the district | |
| 52 | 46 | will benefit from the improvements and services to be provided by | |
| 53 | 47 | the district under powers conferred by Sections 52 and 52-a, | |
| 54 | 48 | Article III, and Section 59, Article XVI, Texas Constitution, and | |
| 55 | 49 | other powers granted under this chapter. | |
| 56 | 50 | (c) The creation of the district is in the public interest | |
| 57 | 51 | and is essential to: | |
| 58 | 52 | (1) further the public purposes of development and | |
| 59 | 53 | diversification of the economy of the state; | |
| 60 | 54 | (2) eliminate unemployment and underemployment; and | |
| 61 | 55 | (3) develop or expand transportation and commerce. | |
| 62 | 56 | (d) The district will: | |
| 63 | 57 | (1) promote the health, safety, and general welfare of | |
| 64 | 58 | residents, employers, employees, visitors, and consumers in the | |
| 65 | 59 | district, and of the public; | |
| 66 | 60 | (2) provide needed funding to preserve, maintain, and | |
| 67 | 61 | enhance the economic health and vitality of the district as a | |
| 68 | 62 | community and business center; and | |
| 69 | 63 | (3) promote the health, safety, welfare, and enjoyment | |
| 70 | 64 | of the public by providing pedestrian ways and by landscaping and | |
| 71 | 65 | developing certain areas in the district, which are necessary for | |
| 72 | 66 | the restoration, preservation, and enhancement of scenic beauty. | |
| 73 | 67 | (e) Pedestrian ways along or across a street, whether at | |
| 74 | 68 | grade or above or below the surface, and street lighting, street | |
| 75 | 69 | landscaping, and street art objects are parts of and necessary | |
| 76 | 70 | components of a street and are considered to be a street or road | |
| 77 | 71 | improvement. | |
| 78 | 72 | (f) The district will not act as the agent or | |
| 79 | 73 | instrumentality of any private interest even though the district | |
| 80 | 74 | will benefit many private interests, as well as the public. | |
| 81 | - | Sec. 3796.005. DISTRICT TERRITORY. (a) The district is | |
| 82 | - | initially composed of the territory described by Section 2 of the | |
| 83 | - | Act enacting this chapter. | |
| 75 | + | Sec. 3942.005. DISTRICT TERRITORY. (a) The district is | |
| 76 | + | composed of the territory described by Section 2 of the Act enacting | |
| 77 | + | this chapter as that territory may have been modified under: | |
| 78 | + | (1) Subchapter J, Chapter 49, Water Code; or | |
| 79 | + | (2) other law. | |
| 84 | 80 | (b) The boundaries and field notes of the district contained | |
| 85 | 81 | in Section 2 of the Act enacting this chapter form a closure. A | |
| 86 | 82 | mistake made in the field notes or in copying the field notes in the | |
| 87 | 83 | legislative process does not in any way affect the district's: | |
| 88 | 84 | (1) organization, existence, or validity; | |
| 89 | - | (2) right to issue any type of bonds, notes, or other | |
| 90 | - | obligations for a purpose for which the district is created or to | |
| 91 | - | pay the principal of and interest on the bonds, notes, or other | |
| 92 | - | obligations; | |
| 85 | + | (2) authority to issue any type of bond for a purpose | |
| 86 | + | for which the district is created or to pay the principal of and | |
| 87 | + | interest on a bond; | |
| 93 | 88 | (3) right to impose or collect an assessment or tax; or | |
| 94 | 89 | (4) legality or operation. | |
| 95 | - | Sec. | |
| 90 | + | Sec. 3942.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | |
| 96 | 91 | All or any part of the area of the district is eligible to be | |
| 97 | 92 | included in: | |
| 98 | 93 | (1) a tax increment reinvestment zone created under | |
| 99 | 94 | Chapter 311, Tax Code; | |
| 100 | 95 | (2) a tax abatement reinvestment zone created under | |
| 101 | 96 | Chapter 312, Tax Code; or | |
| 102 | 97 | (3) an enterprise zone created under Chapter 2303, | |
| 103 | 98 | Government Code. | |
| 104 | - | Sec. | |
| 99 | + | Sec. 3942.007. APPLICABILITY OF COUNTY DEVELOPMENT | |
| 105 | 100 | DISTRICTS LAW. Except as otherwise provided by this chapter, | |
| 106 | - | Chapter | |
| 107 | - | Sec. | |
| 101 | + | Chapter 383, Local Government Code, applies to the district. | |
| 102 | + | Sec. 3942.008. LIBERAL CONSTRUCTION OF CHAPTER. This | |
| 108 | 103 | chapter shall be construed liberally in conformity with the | |
| 109 | 104 | findings and purposes stated in this chapter. | |
| 110 | 105 | SUBCHAPTER B. BOARD OF DIRECTORS | |
| 111 | - | Sec. | |
| 106 | + | Sec. 3942.051. GOVERNING BODY; TERMS. (a) Except as | |
| 112 | 107 | provided by Subsection (c), the district is governed by a board of | |
| 113 | - | five directors appointed under Section | |
| 108 | + | five directors appointed under Section 3942.052. | |
| 114 | 109 | (b) Voting directors serve staggered terms of four years, | |
| 115 | 110 | with two or three directors' terms expiring June 1 of each | |
| 116 | 111 | odd-numbered year. | |
| 117 | 112 | (c) The board by resolution may increase or decrease the | |
| 118 | 113 | number of directors on the board if the board finds it is in the best | |
| 119 | 114 | interest of the district. The board may not consist of fewer than 5 | |
| 120 | 115 | or more than 15 directors. | |
| 121 | - | Sec. 3796.052. APPOINTMENT OF DIRECTORS. The governing | |
| 122 | - | body of the county shall appoint the directors from a list of | |
| 123 | - | persons recommended by the board. | |
| 124 | - | Sec. 3796.053. CONFLICTS OF INTEREST. (a) Except as | |
| 125 | - | provided by this section: | |
| 116 | + | Sec. 3942.052. APPOINTMENT OF DIRECTORS. The governing | |
| 117 | + | body of the county shall appoint the directors. | |
| 118 | + | Sec. 3942.053. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. | |
| 119 | + | (a) Except as provided by this section: | |
| 126 | 120 | (1) a director may participate in all board votes and | |
| 127 | 121 | decisions; and | |
| 128 | 122 | (2) Chapter 171, Local Government Code, governs | |
| 129 | 123 | conflicts of interest for directors. | |
| 130 | - | (b) A director who is also an officer or employee of a public | |
| 124 | + | (b) Section 171.004, Local Government Code, does not apply | |
| 125 | + | to the district. A director who has a substantial interest in a | |
| 126 | + | business or charitable entity that will receive a pecuniary benefit | |
| 127 | + | from a board action shall file a one-time affidavit declaring the | |
| 128 | + | interest. An additional affidavit is not required if the | |
| 129 | + | director's interest changes. After the affidavit is filed with the | |
| 130 | + | board secretary, the director may participate in a discussion or | |
| 131 | + | vote on that action if: | |
| 132 | + | (1) a majority of the directors have a similar | |
| 133 | + | interest in the same entity; or | |
| 134 | + | (2) all other similar business or charitable entities | |
| 135 | + | in the district will receive a similar pecuniary benefit. | |
| 136 | + | (c) A director who is also an officer or employee of a public | |
| 131 | 137 | entity may not participate in the discussion of or vote on a matter | |
| 132 | 138 | regarding a contract with that public entity. | |
| 133 | - | Sec. 3796.054. INITIAL DIRECTORS. (a) The initial board | |
| 139 | + | (d) For purposes of this section, a director has a | |
| 140 | + | substantial interest in a charitable entity in the same manner that | |
| 141 | + | a person would have a substantial interest in a business entity | |
| 142 | + | under Section 171.002, Local Government Code. | |
| 143 | + | Sec. 3942.054. INITIAL DIRECTORS. (a) The initial board | |
| 134 | 144 | consists of the following directors: | |
| 135 | 145 | Pos. No. Name of Director Pos. No. Name of Director | |
| 136 | 146 | Pos. No. Name of Director | |
| 137 | 147 | 1 Robert Morgan 1 Robert Morgan | |
| 138 | 148 | 1 Robert Morgan | |
| 139 | 149 | 2 Justin Thompson 2 Justin Thompson | |
| 140 | 150 | 2 Justin Thompson | |
| 141 | 151 | 3 Tom Harrison 3 Tom Harrison | |
| 142 | 152 | 3 Tom Harrison | |
| 143 | 153 | 4 Brad Ballard 4 Brad Ballard | |
| 144 | 154 | 4 Brad Ballard | |
| 145 | 155 | 5 Ross Harrison 5 Ross Harrison | |
| 146 | 156 | 5 Ross Harrison | |
| 147 | 157 | (b) Of the initial directors, the terms of directors | |
| 148 | 158 | appointed for positions one and two expire June 1, 2019, and the | |
| 149 | 159 | terms of directors appointed for positions three through five | |
| 150 | 160 | expire June 1, 2021. | |
| 151 | - | (c) Section | |
| 161 | + | (c) Section 3942.052 does not apply to this section. | |
| 152 | 162 | SUBCHAPTER C. POWERS AND DUTIES | |
| 153 | - | Sec. 3796.101. GENERAL POWERS AND DUTIES. The district has | |
| 154 | - | the powers and duties necessary to accomplish the purposes for | |
| 155 | - | which the district is created. | |
| 156 | - | Sec. 3796.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The | |
| 157 | - | district may provide, design, construct, acquire, improve, | |
| 158 | - | relocate, operate, maintain, or finance an improvement project or | |
| 159 | - | service using money available to the district, or contract with a | |
| 160 | - | governmental or private entity to provide, design, construct, | |
| 161 | - | acquire, improve, relocate, operate, maintain, or finance an | |
| 162 | - | improvement project or service authorized under this chapter or | |
| 163 | - | under Chapter 375, Local Government Code. | |
| 164 | - | (b) An improvement project described by Subsection (a) may | |
| 165 | - | be located inside or outside the district. | |
| 166 | - | Sec. 3796.103. AUTHORITY FOR ROAD PROJECTS. Under Section | |
| 167 | - | 52, Article III, Texas Constitution, the district may own, operate, | |
| 168 | - | maintain, design, acquire, construct, finance, issue bonds, notes, | |
| 169 | - | or other obligations for, improve, and convey to this state, a | |
| 170 | - | county, or a municipality for ownership, operation, and maintenance | |
| 171 | - | macadamized, graveled, or paved roads or improvements, including | |
| 172 | - | storm drainage, in aid of those roads. | |
| 173 | - | Sec. 3796.104. CONVEYANCE AND APPROVAL OF ROAD PROJECT. | |
| 174 | - | (a) The district may convey a road project authorized by Section | |
| 175 | - | 3796.103 to: | |
| 176 | - | (1) a municipality or county that will operate and | |
| 177 | - | maintain the road if the municipality or county has approved the | |
| 178 | - | plans and specifications of the road project; or | |
| 179 | - | (2) the state if the state will operate and maintain | |
| 180 | - | the road and the Texas Transportation Commission has approved the | |
| 181 | - | plans and specifications of the road project. | |
| 182 | - | (b) Except as provided by Subsection (c), the district shall | |
| 183 | - | operate and maintain a road project authorized by Section 3796.103 | |
| 184 | - | that the district implements and does not convey to a municipality, | |
| 185 | - | a county, or this state under Subsection (a). | |
| 186 | - | (c) The district may agree in writing with a municipality, a | |
| 187 | - | county, or this state to assign operation and maintenance duties to | |
| 188 | - | the district, the municipality, the county, or this state in a | |
| 189 | - | manner other than the manner described in Subsections (a) and (b). | |
| 190 | - | Sec. 3796.105. DEVELOPMENT CORPORATION POWERS. The | |
| 191 | - | district, using money available to the district, may exercise the | |
| 192 | - | powers given to a development corporation under Chapter 505, Local | |
| 193 | - | Government Code, including the power to own, operate, acquire, | |
| 194 | - | construct, lease, improve, or maintain a project under that | |
| 195 | - | chapter. | |
| 196 | - | Sec. 3796.106. ADDITIONAL POWERS OF DISTRICT. The district | |
| 197 | - | may exercise the powers given to a district governed by Subchapters | |
| 198 | - | E and M, Chapter 60, Water Code, and Section 61.116, Water Code. | |
| 199 | - | Sec. 3796.107. NONPROFIT CORPORATION. (a) The board by | |
| 163 | + | Sec. 3942.101. ADDITIONAL POWERS OF DISTRICT. The district | |
| 164 | + | may exercise the powers given to: | |
| 165 | + | (1) a corporation under Chapter 505, Local Government | |
| 166 | + | Code, including the power to own, operate, acquire, construct, | |
| 167 | + | lease, improve, and maintain projects described by that chapter; | |
| 168 | + | (2) a housing finance corporation under Chapter 394, | |
| 169 | + | Local Government Code, to provide housing or residential | |
| 170 | + | development projects in the district; | |
| 171 | + | (3) a county under Chapter 383, Local Government Code; | |
| 172 | + | (4) an entity described in Chapters 284 and 441, | |
| 173 | + | Transportation Code; and | |
| 174 | + | (5) a district governed by Subchapters E and M, | |
| 175 | + | Chapter 60, Water Code, and Section 61.116, Water Code. | |
| 176 | + | Sec. 3942.102. NONPROFIT CORPORATION. (a) The board by | |
| 200 | 177 | resolution may authorize the creation of a nonprofit corporation to | |
| 201 | 178 | assist and act for the district in implementing a project or | |
| 202 | 179 | providing a service authorized by this chapter. | |
| 203 | 180 | (b) The nonprofit corporation: | |
| 204 | 181 | (1) has each power of and is considered for purposes of | |
| 205 | 182 | this chapter to be a local government corporation created under | |
| 206 | - | ||
| 183 | + | Chapter 431, Transportation Code; and | |
| 207 | 184 | (2) may implement any project and provide any service | |
| 208 | 185 | authorized by this chapter. | |
| 209 | 186 | (c) The board shall appoint the board of directors of the | |
| 210 | 187 | nonprofit corporation. The board of directors of the nonprofit | |
| 211 | 188 | corporation shall serve in the same manner as the board of directors | |
| 212 | - | of a local government corporation created under Subchapter D, | |
| 213 | - | Chapter 431, Transportation Code, except that a board member is not | |
| 214 | - | required to reside in the district. | |
| 215 | - | Sec. 3796.108. AGREEMENTS; GRANTS. (a) The district may | |
| 189 | + | of a local government corporation created under Chapter 431, | |
| 190 | + | Transportation Code. | |
| 191 | + | Sec. 3942.103. AGREEMENTS; GRANTS. (a) The district may | |
| 216 | 192 | make an agreement with or accept a gift, grant, or loan from any | |
| 217 | 193 | person. | |
| 218 | 194 | (b) The implementation of a project is a governmental | |
| 219 | 195 | function or service for the purposes of Chapter 791, Government | |
| 220 | 196 | Code. | |
| 221 | - | Sec. | |
| 197 | + | Sec. 3942.104. LAW ENFORCEMENT SERVICES. To protect the | |
| 222 | 198 | public interest, the district may contract with the county or the | |
| 223 | 199 | city to provide law enforcement services in the district for a fee. | |
| 224 | - | Sec. | |
| 200 | + | Sec. 3942.105. COMPETITIVE BIDDING. Section 375.221, Local | |
| 225 | 201 | Government Code, applies to the district, but only for a contract | |
| 226 | 202 | that has a value greater than $15,000. | |
| 227 | - | Sec. 3796.111. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The | |
| 228 | - | district may join and pay dues to a charitable or nonprofit | |
| 229 | - | organization that performs a service or provides an activity | |
| 203 | + | Sec. 3942.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. (a) | |
| 204 | + | The district may join and pay dues to an organization that: | |
| 205 | + | (1) enjoys tax-exempt status under Section 501(c)(3), | |
| 206 | + | (4), or (6), Internal Revenue Code of 1986, as amended; and | |
| 207 | + | (2) performs a service or provides an activity | |
| 230 | 208 | consistent with the furtherance of a district purpose. | |
| 231 | - | Sec. 3796.112. ECONOMIC DEVELOPMENT PROGRAMS. The district | |
| 209 | + | (b) An expenditure of public money for membership in the | |
| 210 | + | organization is considered to further a district purpose and to be | |
| 211 | + | for a public purpose. | |
| 212 | + | Sec. 3942.107. ECONOMIC DEVELOPMENT PROGRAMS. The district | |
| 232 | 213 | may establish and provide for the administration of one or more | |
| 233 | 214 | programs to promote state or local economic development and to | |
| 234 | 215 | stimulate business and commercial activity in the district, | |
| 235 | 216 | including programs to: | |
| 236 | 217 | (1) make loans and grants of public money; and | |
| 237 | 218 | (2) provide district personnel and services. | |
| 238 | 219 | SUBCHAPTER D. FINANCIAL PROVISIONS | |
| 239 | - | Sec. | |
| 220 | + | Sec. 3942.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The | |
| 240 | 221 | board by resolution shall establish the number of directors' | |
| 241 | 222 | signatures and the procedure required for a disbursement or | |
| 242 | 223 | transfer of the district's money. | |
| 243 | - | Sec. | |
| 224 | + | Sec. 3942.152. TAX AND BOND ELECTIONS. (a) The district | |
| 244 | 225 | shall hold an election in the manner provided by Subchapter L, | |
| 245 | 226 | Chapter 375, Local Government Code, to obtain voter approval before | |
| 246 | 227 | the district imposes a maintenance tax or issues bonds payable from | |
| 247 | 228 | ad valorem taxes. | |
| 248 | 229 | (b) The board may not include more than one purpose in a | |
| 249 | 230 | single proposition at an election. | |
| 250 | 231 | (c) Section 375.243, Local Government Code, does not apply | |
| 251 | 232 | to the district. | |
| 252 | - | Sec. | |
| 253 | - | authorized at an election held in accordance with Section | |
| 233 | + | Sec. 3942.153. MAINTENANCE AND OPERATION TAX. (a) If | |
| 234 | + | authorized at an election held in accordance with Section 3942.152, | |
| 254 | 235 | the district may impose an annual ad valorem tax on taxable property | |
| 255 | 236 | in the district for the: | |
| 256 | 237 | (1) maintenance and operation of the district and the | |
| 257 | 238 | improvements constructed or acquired by the district; or | |
| 258 | 239 | (2) provision of a service. | |
| 259 | - | (b) The board shall determine the tax rate. The rate may not | |
| 260 | - | exceed the rate approved at the election. | |
| 261 | - | Sec. 3796.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. | |
| 262 | - | (a) The board by resolution may impose an assessment for any | |
| 263 | - | purpose authorized by this chapter. | |
| 240 | + | (b) The board shall determine the tax rate. | |
| 241 | + | Sec. 3942.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | |
| 242 | + | The board by resolution may impose an assessment for any purpose | |
| 243 | + | authorized by this chapter. | |
| 264 | 244 | (b) An assessment, a reassessment, or an assessment | |
| 265 | 245 | resulting from an addition to or correction of the assessment roll | |
| 266 | 246 | by the district, penalties and interest on an assessment or | |
| 267 | 247 | reassessment, an expense of collection, and reasonable attorney's | |
| 268 | 248 | fees incurred by the district: | |
| 269 | 249 | (1) are a first and prior lien against the property | |
| 270 | 250 | assessed; | |
| 271 | 251 | (2) are superior to any other lien or claim other than | |
| 272 | 252 | a lien or claim for county, school district, or municipal ad valorem | |
| 273 | 253 | taxes; and | |
| 274 | 254 | (3) are the personal liability of and a charge against | |
| 275 | 255 | the owners of the property even if the owners are not named in the | |
| 276 | 256 | assessment proceedings. | |
| 277 | 257 | (c) The lien is effective from the date of the board's | |
| 278 | 258 | resolution imposing the assessment until the date the assessment is | |
| 279 | 259 | paid. The board may enforce the lien in the same manner that the | |
| 280 | 260 | board may enforce an ad valorem tax lien against real property. | |
| 281 | 261 | (d) The board may make a correction to or deletion from the | |
| 282 | 262 | assessment roll that does not increase the amount of assessment of | |
| 283 | 263 | any parcel of land without providing notice and holding a hearing in | |
| 284 | 264 | the manner required for additional assessments. | |
| 285 | - | Sec. | |
| 265 | + | Sec. 3942.155. PETITION REQUIRED FOR FINANCING SERVICES AND | |
| 286 | 266 | IMPROVEMENTS. (a) The board may not finance a service or | |
| 287 | 267 | improvement project with assessments under this chapter unless a | |
| 288 | 268 | written petition requesting that service or improvement has been | |
| 289 | 269 | filed with the board. | |
| 290 | 270 | (b) The petition must be signed by the owners of a majority | |
| 291 | 271 | of the assessed value of real property in the district subject to | |
| 292 | 272 | assessment according to the most recent certified tax appraisal | |
| 293 | 273 | roll for the county. | |
| 294 | - | Sec. | |
| 274 | + | Sec. 3942.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND | |
| 295 | 275 | ASSESSMENTS. The district may not impose an impact fee or | |
| 296 | 276 | assessment on the property, including the equipment, | |
| 297 | 277 | rights-of-way, facilities, or improvements, of: | |
| 298 | 278 | (1) an electric utility or a power generation company | |
| 299 | 279 | as defined by Section 31.002, Utilities Code; | |
| 300 | 280 | (2) a gas utility as defined by Section 101.003 or | |
| 301 | 281 | 121.001, Utilities Code; | |
| 302 | 282 | (3) a telecommunications provider as defined by | |
| 303 | 283 | Section 51.002, Utilities Code; or | |
| 304 | 284 | (4) a person who provides to the public cable | |
| 305 | 285 | television or advanced telecommunications services. | |
| 306 | - | Sec. | |
| 286 | + | Sec. 3942.157. BONDS AND OTHER OBLIGATIONS. (a) The | |
| 307 | 287 | district may issue bonds or other obligations payable wholly or | |
| 308 | 288 | partly from ad valorem taxes, assessments, impact fees, revenue, | |
| 309 | 289 | grants, or other money of the district, or any combination of those | |
| 310 | 290 | sources of money, to pay for any authorized purpose of the district. | |
| 311 | 291 | (b) In exercising the district's power to borrow, the | |
| 312 | 292 | district may issue a bond or other obligation in the form of a bond, | |
| 313 | 293 | note, certificate of participation or other instrument evidencing a | |
| 314 | 294 | proportionate interest in payments to be made by the district, or | |
| 315 | 295 | other type of obligation. | |
| 316 | - | Sec. | |
| 296 | + | Sec. 3942.158. COUNTY NOT REQUIRED TO PAY DISTRICT | |
| 317 | 297 | OBLIGATIONS. The county is not required to pay a bond, note, or | |
| 318 | 298 | other obligation of the district. | |
| 319 | - | Sec. | |
| 299 | + | Sec. 3942.159. TAX AND ASSESSMENT ABATEMENTS. Without | |
| 320 | 300 | further authorization or other procedural requirement, the | |
| 321 | 301 | district may grant, consistent with Chapter 312, Tax Code, an | |
| 322 | 302 | abatement for a tax or assessment owed to the district. | |
| 323 | 303 | SUBCHAPTER E. DISSOLUTION | |
| 324 | - | Sec. | |
| 304 | + | Sec. 3942.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING | |
| 325 | 305 | DEBT. (a) The board may vote to dissolve a district that has debt. | |
| 326 | 306 | If the vote is in favor of dissolution, the district shall remain in | |
| 327 | 307 | existence solely for the limited purpose of discharging its debts. | |
| 328 | 308 | The dissolution is effective when all debts have been discharged. | |
| 329 | - | (b) Section | |
| 309 | + | (b) Section 383.121, Local Government Code, does not apply | |
| 330 | 310 | to the district. | |
| 331 | 311 | SECTION 2. The Bolivar Management District initially | |
| 332 | 312 | includes all the territory contained in the following area: | |
| 333 | 313 | Land lying and being situated in Galveston County, Texas, out | |
| 334 | 314 | of the Port Bolivar Townsite, Samuel Parr Survey, Abstract No. 162, | |
| 335 | 315 | Galveston County, Texas as follows: | |
| 336 | 316 | Block Lot(s) | |
| 337 | 317 | 320 1-33 | |
| 338 | 318 | 345 13-24 | |
| 339 | 319 | 346 1-34 | |
| 340 | 320 | Water Lots # 33 - 55 Lying North of Intracoastal Waterway. | |
| 341 | 321 | SECTION 3. (a) The legal notice of the intention to | |
| 342 | 322 | introduce this Act, setting forth the general substance of this | |
| 343 | 323 | Act, has been published as provided by law, and the notice and a | |
| 344 | 324 | copy of this Act have been furnished to all persons, agencies, | |
| 345 | 325 | officials, or entities to which they are required to be furnished | |
| 346 | 326 | under Section 59, Article XVI, Texas Constitution, and Chapter 313, | |
| 347 | 327 | Government Code. | |
| 348 | 328 | (b) The governor, one of the required recipients, has | |
| 349 | 329 | submitted the notice and Act to the Texas Commission on | |
| 350 | 330 | Environmental Quality. | |
| 351 | 331 | (c) The Texas Commission on Environmental Quality has filed | |
| 352 | 332 | its recommendations relating to this Act with the governor, | |
| 353 | 333 | lieutenant governor, and speaker of the house of representatives | |
| 354 | 334 | within the required time. | |
| 355 | 335 | (d) The general law relating to consent by political | |
| 356 | 336 | subdivisions to the creation of districts with conservation, | |
| 357 | 337 | reclamation, and road powers and the inclusion of land in those | |
| 358 | 338 | districts has been complied with. | |
| 359 | 339 | (e) All requirements of the constitution and laws of this | |
| 360 | 340 | state and the rules and procedures of the legislature with respect | |
| 361 | 341 | to the notice, introduction, and passage of this Act have been | |
| 362 | 342 | fulfilled and accomplished. | |
| 363 | 343 | SECTION 4. This Act takes effect immediately if it receives | |
| 364 | 344 | a vote of two-thirds of all the members elected to each house, as | |
| 365 | 345 | provided by Section 39, Article III, Texas Constitution. If this | |
| 366 | 346 | Act does not receive the vote necessary for immediate effect, this | |
| 367 | 347 | Act takes effect September 1, 2017. | |
| 368 | - | * * * * * | |
| 369 | 348 | ||
| 370 | 349 | Pos. No. Name of Director | |
| 371 | 350 | ||
| 372 | 351 | 1 Robert Morgan | |
| 373 | 352 | ||
| 374 | 353 | 2 Justin Thompson | |
| 375 | 354 | ||
| 376 | 355 | 3 Tom Harrison | |
| 377 | 356 | ||
| 378 | 357 | 4 Brad Ballard | |
| 379 | 358 | ||
| 380 | 359 | 5 Ross Harrison |