Texas 2017 - 85th Regular

Texas Senate Bill SB2286 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2286
	1	+	By: Creighton S.B. No. 2286
	2	+	(Bell)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the powers, duties, and governance of the Westwood
6	8		Magnolia Parkway Improvement District; authorizing assessments.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 1(a), Chapter 323, Acts of the 78th
9	11		Legislature, Regular Session, 2003, is amended to read as follows:
10	12		(a) The Westwood Magnolia Parkway [Southwest Montgomery
11	13		County] Improvement District is created as a special district in
12	14		Montgomery County under Section 59, Article XVI, Texas
13	15		Constitution.
14	16		SECTION 2. Section 2, Chapter 323, Acts of the 78th
15	17		Legislature, Regular Session, 2003, is amended to read as follows:
16	18		Sec. 2. DEFINITIONS. In this Act:
17	19		(1) "Board" means the board of directors of the
18	20		district.
19	21		(2) "Commission" means the Texas Commission on
20	22		Environmental Quality.
21	23		(3) "County" means Montgomery County, Texas.
22	24		(4) "District" means the Westwood Magnolia Parkway
23	25		[Southwest Montgomery County] Improvement District.
24	26		(5) [(4)] "Planned community" means a planned
25	27		community of 15,000 or more acres of land originally established
26	28		under the federal Urban Growth and New Community Development Act of
27	29		1970 (42 U.S.C. Section 4501 et seq.) that is subject to restrictive
28	30		covenants containing ad valorem based assessments.
29	31		SECTION 3. Sections 3(a) and (b), Chapter 323, Acts of the
30	32		78th Legislature, Regular Session, 2003, are amended to read as
31	33		follows:
32	34		(a) The creation of the district is essential to accomplish
33	35		the purposes of Sections [Section] 52 and 52-a, Article III, and
34	36		Section 59, Article XVI, Texas Constitution, and other public
35	37		purposes stated in this Act.
36	38		(b) The creation of the district is necessary to promote,
37	39		develop, encourage, and maintain employment, commerce, economic
38	40		development, and the public welfare in a [the southwest] portion of
39	41		Montgomery County.
40	42		SECTION 4. Chapter 323, Acts of the 78th Legislature,
41	43		Regular Session, 2003, is amended by adding Section 4A to read as
42	44		follows:
43	45		Sec. 4A. DISTRICT TERRITORY. The district's territory
44	46		includes the following described territory:
45	47		Reserves "A" and "D" and Lots 39-92 of Block 1, Lots 55-79 of
46	48		Block 5, Lot 4 of Block 7, and Lots 12-25 of Block 8 of Westwood One,
47	49		a subdivision of record in Cabinet B, Sheets 62A-64B, Map Records of
48	50		Montgomery County, Texas (M.C.M.R.);
49	51		Lots 1-48 and 69-81 of Block 1, Lots 1-3 of Block 3, Lots 1-4
50	52		of Block 4, Lots 1-4 of Block 5, Lots 1-5 of Block 6, Lots 1-5,
51	53		31-35, 38-39, and 65 of Block 7, Lots 1-6 of Block 8, Lots 1-6 of
52	54		Block 9, Lots 30-57 of Block 10, Lots 13-33 of Block 11, and Lots
53	55		1-15 of Block 12 of Westwood Two, a subdivision of record in Cabinet
54	56		B, Sheets 103A-107A, M.C.M.R.;
55	57		Lots 38-85 of Block 1, Lots 38 and 39 of Block 6, Lots 1, 2,
56	58		160, and 161 of Block 9, and Lots 1-33 of Block 12 of Westwood Three,
57	59		a subdivision of record in Cabinet B, Sheets 157A-159A, M.C.M.R.;
58	60		Lots 1-18 of Block 1 and Lots 1-10 of Block 9 of Westwood
59	61		Four, a subdivision of record in Cabinet C, Sheets 25A-25B,
60	62		M.C.M.R.;
61	63		All of Reserves "A", "B", and "C" of Kroger Store No. 389, a
62	64		subdivision of record under Cabinet V, Sheets 183 and 184,
63	65		M.C.M.R.;
64	66		All of Reserves "A" through "I" of West Village, a
65	67		subdivision of record in Cabinet Z, Sheets 594-597, M.C.M.R.;
66	68		Being all of the following tracts of land described as
67	69		follows:
68	70		TRACT ONE
69	71		BEGINNING at the southwest corner of that certain called
70	72		2.971 acre tract described as Tract I, in the deed from Hay S. Wong
71	73		to Karen Lee Thornton, by instrument of record under File Number
72	74		2003-148372, in the Official Public Records of Real Property of
73	75		Montgomery County, Texas (M.C.O.P.R.R.P.), said point being on the
74	76		north right-of-way line of FM 1488 (width varies);
75	77		Thence, Northerly along the west line of said 2.971 acre
76	78		tract, to the northwest corner of said 2.971 acre tract;
77	79		Thence, Easterly along the north line of said 2.971 acre
78	80		tract, the north line of the 2.926 acre tract described in the deed
79	81		from Lillian F. Beaman, Trustee to Steven L. Crews, et ux., by
80	82		instrument of record under File Number 2001-045818,
81	83		M.C.O.P.R.R.P., the north line of the 0.975 acre tract described in
82	84		the deed from Steven L. Crews, et al. to Thai Ocha, Inc., by
83	85		instrument of record under File Number 2003-128027,
84	86		M.C.O.P.R.R.P., the north line of the 1.72 acre tract described in
85	87		the deed from Bow Toy to Daniel P. Morrison, M.D., by instrument of
86	88		record under Volume 1163, Page 105, in the Deed Records of
87	89		Montgomery County, Texas, the north line of the 2.897 acre tract
88	90		described in the deed from Bow Toy, et ux., to Mary Anna Toy, by
89	91		instrument of record under File Number 9110997, M.C.O.P.R.R.P., the
90	92		north line of the 1.433 acre tract described as Tract I in the deed
91	93		from Theresa C. Queng to See Yeut Ming, by instrument of record
92	94		under File Number 2005-037291, M.C.O.P.R.R.P., the north line of
93	95		the 0.5730 acre tract described in the deed from David Lee to 1488
94	96		Del Sul Investments, by instrument of record under File Number
95	97		2005-023510, M.C.O.P.R.R.P., the north line of the 0.5730 acre
96	98		tract described in the deed from Mary Susan Botkin to 1488 Del Sul
97	99		Investments, L.P., by instrument of record under File Number
98	100		2004-123177, M.C.O.P.R.R.P., the north line of the 0.8626 acre
99	101		tract described in the deed from Karen Lee Thornton, et al. to 1488
100	102		Del Sul Investments, L.P., by instrument of record under File
101	103		Number 2004-129630, M.C.O.P.R.R.P., the north line of Lot C-3
102	104		described in the deed from The Estate of Richard Lee to Karen Lee
103	105		Thornton, by instrument of record under File Number 99012443,
104	106		M.C.O.P.R.R.P., the north line of the 1.0 acre tract described in
105	107		the deed from Michael R. Pugh, et al. to CHBC Inc., by instrument of
106	108		record under File Number 2001-104753, M.C.O.P.R.R.P., the north
107	109		line of the 1.00 acre tract described in the deed from Michael R.
108	110		Pugh, et al. to George D. Cowger, et ux., by instrument of record
109	111		under File Number 9755259, M.C.O.P.R.R.P., and the north line of
110	112		the 0.816 acre tract described in the deed from Michael R. Pugh, et
111	113		al. to Dewaine Collom, by instrument of record under File Number
112	114		9803155, M.C.O.P.R.R.P., to the northeast corner of said 0.816 acre
113	115		tract, common to the northwest corner of Reserve "C" of Forest West,
114	116		Section One, a subdivision of record under Cabinet P, Sheets
115	117		156-158, Map Records of Montgomery County, Texas (M.C.M.R.);
116	118		Thence, Southerly along the west line of said Reserve "C", to
117	119		the southwest corner of said Reserve "C", to a point on the north
118	120		right-of-way line of said F.M. 1488;
119	121		Thence, Westerly along the north right-of-way line of FM 1488
120	122		to the POINT OF BEGINNING.
121	123		TRACT TWO
122	124		All of the following described lands, BEGINNING at the
123	125		southeast corner of Reserve "B", of Forest West, Section One, a
124	126		subdivision of record under Cabinet P, Sheets 156-158, Map Records
125	127		of Montgomery County, Texas (M.C.M.R.);
126	128		Thence, Northerly along the most southerly east line of said
127	129		Reserve "B" to the most southerly southwest corner of Windcrest
128	130		Estates, Section One, a subdivision of record under Cabinet H,
129	131		Sheets 195A-1958, M.C.M.R.;
130	132		Thence, Easterly along the south line of said Windcrest
131	133		Estates, Section One, to the southeast corner of said Windcrest
132	134		Estates, Section One, said point being on the west right-of-way
133	135		line of Honea-Egypt Road (width varies) (FM 2978);
134	136		Thence, along said west right-of-way line of said Honea-Egypt
135	137		Road to the intersection of the west right-of-way line of said
136	138		Honea-Egypt Road and the north right-of-way line of FM 1488 (width
137	139		varies);
138	140		Thence, Westerly along the north right-of-way line of FM 1488
139	141		to the POINT OF BEGINNING.
140	142		TRACT THREE
141	143		Being a 1.961 acre tract (calculated) being all of that
142	144		certain called 0.254 acre Restricted Commercial Reserve "A" of
143	145		Powell Plaza 111, a subdivision of record in Cabinet Z, Sheets 805,
144	146		Map Records of Montgomery County, Texas (M.C.M.R.), and being a
145	147		portion of that certain 1.168 (tract 1) and 0.9880 (tract 2)
146	148		described in the deed dated July 17, 2003, conveyed from Toby Powell
147	149		and wife, Vanessa Powell to Powell Plaza, L.L.C. by an instrument of
148	150		record under File Number 2003-088540, M.C.O.P.R.R.P., more
149	151		particularly described as follows:
150	152		BEGINNING at the southeast corner of said 0.9880 acre tract,
151	153		said point being the southwest corner of the residue of that certain
152	154		called 0.4848 acre tract conveyed to First Bank of Conroe, N.A. by
153	155		an instrument of record under File Number 2000-034432,
154	156		M.C.O.P.R.R.P.;
155	157		Thence, along the south line of said 0.9880 acre tract to the
156	158		southwest corner of said 0.9880 acre tract, said point being on the
157	159		east line of said 1.168 acre tract;
158	160		Thence, along the east line of said 1.168 acre tract to the
159	161		southeast corner of said 1.168 acre tract;
160	162		Thence, along the south line of said 1.168 acre tract to the
161	163		southwest corner of said 1. i 68 acre tract, said point being on the
162	164		east line of Reserve "A" of West Village, a subdivision of record in
163	165		Cabinet Z, Sheet 594, M.C.M.R.;
164	166		Thence, along the west line of said 1.168 acre tract and the
165	167		east line of said Reserve "A" of said West Village subdivision to
166	168		the southerly right-of-way line of FM 1488 as described in File
167	169		Numbers 2005-088763 and 2006-120899, M.C.O.P.R.R.P.;
168	170		Thence, along the south right-of-way line of said FM 1488 as
169	171		described in File Number 2006-120899, M.C.O.P.R.R.P. to a point for
170	172		corner on the east line of said 0.9880 acre tract and the west line
171	173		of the aforementioned 0.4848 acre tract;
172	174		Thence, along the east line of said 0.9880 acre tract and the
173	175		west line of said 0.4848 acre tract to the POINT OF BEGINNING of the
174	176		herein described tract of land.
175	177		TRACT FOUR
176	178		Being a 11.79 acre tract of land, located in the Dickinson
177	179		Garrett Survey, A-225, Montgomery County, Texas, being all of
178	180		Tracts 1 and 2 of FOREST WEST (an unrecorded subdivision), more
179	181		particularly being and all of that certain called 7.998 acre tract
180	182		(described as all of Tract 2 and a portion of Tract 1 of said FOREST
181	183		WEST) conveyed from Magnolia Circle properties, LTD. to HEB Grocery
182	184		Company, LP by an instrument of record under Document Number
183	185		2015009422, of the Official Public Records of Real Property of
184	186		Montgomery County, Texas (M.C.O.P.R.) and a portion of that certain
185	187		called 6.164 acre tract (described as a portion of Tract 1 of said
186	188		FOREST WEST) conveyed from First American Residential, L.L.C to HEB
187	189		Grocery Company, LP by an instrument of record under Document
188	190		Number 2015000626, M.C.O.P.R., more particularly described by
189	191		metes and bounds as follows (Bearings based on Texas Coordinate
190	192		System, Central Zone, NAD83, 1993 Adjustment):
191	193		COMMENCING at the north end of the northwest right-of-way
192	194		cutback corner at the intersection of Farm To Market 1488 (FM 1488)
193	195		(150' wide), as described under Volume 381, Page 489-491, of the
194	196		Deed Records of Montgomery County, Texas and File Number
195	197		2007-090725, of the Official Public Records of Real Property of
196	198		Montgomery County, Texas, and Magnolia Circle (60' wide), said
197	199		point being the northerly southeast corner of said 6.164 acre
198	200		tract;
199	201		Thence, North 03° 19' 15" West, along the east line of said
200	202		6.164 acre tract, common to the west line of said Magnolia Circle
201	203		Drive, 179.89 feet to the southeast corner and POINT OF BEGINNING of
202	204		the herein described tract, said point being the common east corner
203	205		of said Tract 1 and Tract "A" of the aforesaid FOREST WEST;
204	206		Thence, South 89° 48' 46" West, departing the east line of
205	207		said 6.164 acre tract and along the common line of said Tract "A"
206	208		and Tract 1, 519.00 feet to an angle point on the west line of said
207	209		6.164 acre tract, said point being the common west corner of said
208	210		Tract "A" and Tract 1, said point being the southwest corner of the
209	211		herein described tract;
210	212		Thence, North 03° 19' 15" West, along the west line of said
211	213		6.164 acre tract, common to the west line of aforesaid Tract 1, at
212	214		304.51 feet pass the common west corner of said 6.164 acre tract and
213	215		the aforesaid 7.998 acre tract, continuing along the west line of
214	216		said 7.998 acre tract, at 556.51 feet pass the common west corner of
215	217		said Tract 1 and the aforesaid Tract 2, continuing along the west
216	218		line of said 7.998 acre tract, common to the west line of said Tract
217	219		2 in all a total distance of 976.81 feet to the northwest corner of
218	220		the herein described tract, the northwest corner of said 7.998 acre
219	221		tract, and the common west corner of said Tract 2 and Tract 3 of
220	222		aforesaid FOREST WEST, said Tract 3 being all of that certain called
221	223		15.000 acre tract (described as Tract Two) conveyed from Issa S.
222	224		Fallaha to Rima Fallaha by an instrument of record under File Number
223	225		99097061, M.C.O.P.R.R.P.;
224	226		Thence, North 86° 40' 45" East, along the north line of said
225	227		7.998 acre tract, the south line of said 15.000 acre tract, and
226	228		along the common line of said Tract 2 and said Tract 3, 518.20 feet
227	229		to the northeast corner of the herein described tract, the
228	230		northeast corner of said 7.998 acre tract, the southeast corner of
229	231		said 15.000 acre tract, and the common east corner of said Tract 2
230	232		and Tract 3, said point being on the west right-of-way line of
231	233		aforesaid Magnolia Circle;
232	234		Thence, South 03° 19' 15" East, along the east line of said
233	235		7.998 acre tract, common to the east line of said Tract 2, and said
234	236		west right-of-way line, at 420.41 feet pass the common east corner
235	237		of said Tract 1 and Tract 2, continuing along the east line of said
236	238		7.998 acre tract, common to said west right-of-way line and the east
237	239		line of said Tract 1, in all a total distance of 672.30 feet to the
238	240		common east corner of said 7.998 acre tract and the aforesaid 6.164
239	241		acre tract;
240	242		Thence, South 03° 19' 29" East, along the east line of said
241	243		6.164 acre tract, common to the east line of said Tract 1 and the
242	244		west right-of-way line of said Magnolia Circle, 332.88 feet to the
243	245		POINT OF BEGINNING of the herein described tract and containing
244	246		11.79 acres of land, more or less.
245	247		SECTION 5. Section 5, Chapter 323, Acts of the 78th
246	248		Legislature, Regular Session, 2003, is amended to read as follows:
247	249		Sec. 5. FINDINGS RELATING TO BOUNDARIES. The boundaries
248	250		and field notes of the district as described by Section 4A of this
249	251		Act form a closure. A mistake in the field notes or in copying the
250	252		field notes in the legislative process does not in any way affect
251	253		the district's:
252	254		(1) organization, existence, or validity;
253	255		(2) right to enter any type of contract for a purpose
254	256		for which the district is created;
255	257		(3) right to impose or collect an assessment or tax; or
256	258		(4) legality or operation.
257	259		SECTION 6. Section 6(b), Chapter 323, Acts of the 78th
258	260		Legislature, Regular Session, 2003, is amended to read as follows:
259	261		(b) All land and other property in the district will benefit
260	262		from the improvements and services to be provided by the district
261	263		under powers conferred by Sections [Section] 52 and 52-a, Article
262	264		III, and Section 59, Article XVI, Texas Constitution, and other
263	265		powers granted under this Act.
264	266		SECTION 7. Section 9, Chapter 323, Acts of the 78th
265	267		Legislature, Regular Session, 2003, is amended to read as follows:
266	268		Sec. 9. BOARD OF DIRECTORS. (a) Except as provided by this
267	269		section [Section 14 of this Act], the district is governed by a
268	270		board of five [11] directors who serve staggered terms of four years
269	271		with two or three directors' terms expiring on June 1 of each
270	272		odd-numbered year.
271	273		(b) [Except as provided by Section 14 of this Act, six
272	274		directors are elected by the voters of the district at large.] Five
273	275		directors are appointed as follows from persons recommended by the
274	276		board:
275	277		(1) two directors appointed by the county commissioner
276	278		of County Commissioners Precinct No. 2 [one director appointed by
277	279		the governing body of the City of Magnolia];
278	280		(2) [one director appointed by the governing body of
279	281		the City of Stagecoach;
280	282		[(3)] one director appointed by the governing body of
281	283		the City of Conroe;
282	284		(3) [(4)] one director appointed by the governing body
283	285		of the Magnolia Independent School District; and
284	286		(4) [(5)] one director appointed by the county
285	287		commissioners court [Montgomery County Commissioners Court].
286	288		(c) The board by resolution may change the number of
287	289		directors on the board if:
288	290		(1) the county commissioners court consents to the
289	291		change in the number of directors;
290	292		(2) the board determines that the change is in the best
291	293		interest of the district; and
292	294		(3) the board designates in the resolution a governing
293	295		body of a political subdivision of this state to appoint from
294	296		persons recommended by the board the director for a new director
295	297		position established under this subsection.
296	298		(d) The board may not consist of fewer than five or more than
297	299		nine directors.
298	300		(e) To be eligible to serve as a director, a person must be
299	301		at least 18 years old[, a resident of the district,] and:
300	302		(1) an owner of real property in the district;
301	303		(2) an owner, whether beneficial or otherwise, of at
302	304		least 10 percent of the outstanding stock of a corporate owner of
303	305		real property in the district or of a corporate lessee of real
304	306		property in the district with a lease term of five years or more
305	307		measured from the date of appointment or election, excluding
306	308		options;
307	309		(3) an owner of at least 10 percent of the beneficial
308	310		interest in a trust that:
309	311		(A) owns real property in the district; or
310	312		(B) leases real property in the district under an
311	313		original lease term of five years or more measured from the date of
312	314		appointment or election, excluding options;
313	315		(4) a lessee of real property in the district under an
314	316		original lease term of five years or more, excluding options;
315	317		(5) an owner of at least 10 percent of the outstanding
316	318		interest in a general or limited partnership that:
317	319		(A) owns real property in the district; or
318	320		(B) leases real property in the district under an
319	321		original lease term of five years or more measured from the date of
320	322		appointment or election, excluding options; or
321	323		(6) an agent, employee, officer, or director of any
322	324		individual, corporation, trust, or partnership that owns or leases
323	325		real property described by Subdivision (1), (2), (3), (4), or (5) of
324	326		this subsection who is designated by the owner or lessee to serve as
325	327		a director.
326	328		(f) [(d)] A person may not be appointed as a director under
327	329		Subsection (b) of this section if:
328	330		(1) the appointment would cause more than two [three]
329	331		members of the board to be an agent, employee, officer, or director
330	332		of the same individual, corporation, trust, or partnership that
331	333		owns or leases property in the district; or
332	334		(2) the proposed director serves on the board of
333	335		directors of a nonprofit organization, such as a homeowners
334	336		association or chamber of commerce, that serves any purpose similar
335	337		to those of the district, including economic development, and
336	338		serves a geographic territory that encompasses any part of the
337	339		district.
338	340		SECTION 8. Section 10(a), Chapter 323, Acts of the 78th
339	341		Legislature, Regular Session, 2003, is amended to read as follows:
340	342		(a) A vacancy in an appointed position is filled for the
341	343		remainder of the unexpired term by the appointment of a person
342	344		recommended by the board made by the entity that made the original
343	345		appointment. [A vacancy in an elected position is filled by the
344	346		remaining members of the board for the unexpired term.]
345	347		SECTION 9. Chapter 323, Acts of the 78th Legislature,
346	348		Regular Session, 2003, is amended by adding Sections 11A and 11B to
347	349		read as follows:
348	350		Sec. 11A. QUORUM. For purposes of determining a quorum of
349	351		the board, the following are not counted:
350	352		(1) a board position vacant for any reason, including
351	353		death, resignation, or disqualification; or
352	354		(2) a director who is abstaining from participation in
353	355		a vote because of a conflict of interest.
354	356		Sec. 11B. COMPENSATION. A director is entitled to receive
355	357		fees of office and reimbursement for actual expenses as provided by
356	358		Section 49.060, Water Code. Sections 375.069 and 375.070, Local
357	359		Government Code, do not apply to the board.
358	360		SECTION 10. Section 13, Chapter 323, Acts of the 78th
359	361		Legislature, Regular Session, 2003, is amended to read as follows:
360	362		Sec. 13. REMOVAL OF DIRECTOR. On petition of at least
361	363		two-thirds of the remaining directors, a governing body or person
362	364		that appointed a director to the [The] board, after notice and
363	365		hearing, may remove the [a] director for:
364	366		(1) misconduct;
365	367		(2) [or] failure to carry out the director's duties;
366	368		or
367	369		(3) failure to attend three consecutive meetings [by
368	370		vote of not less than 75 percent of the remaining directors].
369	371		SECTION 11. Section 18(b), Chapter 323, Acts of the 78th
370	372		Legislature, Regular Session, 2003, is amended to read as follows:
371	373		(b) A project authorized under this section may include:
372	374		(1) landscaping, lighting, banners, signs, streets or
373	375		sidewalks, hike and bike paths and trails, pedestrian walkways,
374	376		skywalks, crosswalks or tunnels, and highway right-of-way or
375	377		transit corridor beautification and improvements;
376	378		(2) drainage or storm water detention improvements and
377	379		solid waste, water, sewer, telecommunications infrastructure, or
378	380		power facilities and services, including electrical, gas, steam,
379	381		and chilled water facilities;
380	382		(3) parks, lakes, gardens, recreational facilities,
381	383		open space, scenic areas, and related exhibits and preserves,
382	384		fountains, plazas, and pedestrian malls, public art and sculpture
383	385		and related exhibits and facilities, and educational and cultural
384	386		exhibits and facilities;
385	387		(4) conferences, conventions, or exhibitions,
386	388		manufacturer, consumer, or trade shows, civic, community, or
387	389		institutional events, exhibits, displays, attractions and
388	390		facilities for special events, holidays, and seasonal or cultural
389	391		celebrations;
390	392		(5) off-street parking facilities, bus terminals,
391	393		heliports, mass-transit, and roadway-borne or water-borne
392	394		transportation and people-mover systems; and
393	395		(6) any other public improvements, facilities, or
394	396		services authorized under this Act or Chapter 375, Local Government
395	397		Code [similar to the projects described in this subsection].
396	398		SECTION 12. Chapter 323, Acts of the 78th Legislature,
397	399		Regular Session, 2003, is amended by adding Sections 19A, 19B, 19C,
398	400		19D, and 19E to read as follows:
399	401		Sec. 19A. TAX AND ASSESSMENT ABATEMENTS. The district may
400	402		designate reinvestment zones and may grant abatements of district
401	403		taxes or assessments on property within such zones.
402	404		Sec. 19B. DISBURSEMENTS AND TRANSFERS OF MONEY. The board
403	405		by resolution shall establish the number of directors' signatures
404	406		and the procedure required for a disbursement or transfer of
405	407		district money.
406	408		Sec. 19C. MONEY USED FOR IMPROVEMENTS OR SERVICES. The
407	409		district may acquire, construct, finance, operate, or maintain any
408	410		improvement or service authorized under this Act or Chapter 375,
409	411		Local Government Code, using any money available to the district.
410	412		Sec. 19D. PETITION REQUIRED FOR FINANCING SERVICES AND
411	413		IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
412	414		service or improvement project with assessments under this Act
413	415		unless a written petition requesting that service or improvement
414	416		has been filed with the board.
415	417		(b) A petition filed under Subsection (a) of this section
416	418		must be signed by the owners of a majority of the assessed value of
417	419		real property in the district subject to assessment according to
418	420		the most recent certified tax appraisal roll for the county.
419	421		Sec. 19E. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
420	422		board by resolution may impose and collect an assessment for any
421	423		purpose authorized by this Act in all or any part of the district.
422	424		(b) An assessment, a reassessment, or an assessment
423	425		resulting from an addition to or correction of the assessment roll
424	426		by the district, penalties and interest on an assessment or
425	427		reassessment, an expense of collection, and reasonable attorney's
426	428		fees incurred by the district:
427	429		(1) are a first and prior lien against the property
428	430		assessed;
429	431		(2) are superior to any other lien or claim other than
430	432		a lien or claim for county, school district, or municipal ad valorem
431	433		taxes; and
432	434		(3) are the personal liability of and a charge against
433	435		the owners of the property even if the owners are not named in the
434	436		assessment proceedings.
435	437		(c) The lien is effective from the date of the board's
436	438		resolution imposing the assessment until the date the assessment is
437	439		paid. The board may enforce the lien in the same manner that the
438	440		board may enforce an ad valorem tax lien against real property.
439	441		(d) The board may make a correction to or deletion from the
440	442		assessment roll that does not increase the amount of assessment of
441	443		any parcel of land without providing notice and holding a hearing in
442	444		the manner required for additional assessments.
443	445		SECTION 13. Chapter 323, Acts of the 78th Legislature,
444	446		Regular Session, 2003, is amended by adding Sections 23A, 23B, 23C,
445	447		23D, and 23E to read as follows:
446	448		Sec. 23A. DEVELOPMENT CORPORATION POWERS. The district,
447	449		using money available to the district, may exercise the powers
448	450		given to a development corporation under Chapter 505, Local
449	451		Government Code, including the power to own, operate, acquire,
450	452		construct, lease, improve, or maintain a project that may be
451	453		undertaken in accordance with that chapter.
452	454		Sec. 23B. NONPROFIT CORPORATION. (a) The board by
453	455		resolution may authorize the creation of a nonprofit corporation to
454	456		assist and act for the district in implementing a project or
455	457		providing a service authorized by this Act.
456	458		(b) The nonprofit corporation:
457	459		(1) has each power of and is considered to be a local
458	460		government corporation created under Subchapter D, Chapter 431,
459	461		Transportation Code; and
460	462		(2) may implement any project and provide any service
461	463		authorized by this Act.
462	464		(c) The board shall appoint the board of directors of the
463	465		nonprofit corporation. The board of directors of the nonprofit
464	466		corporation shall serve in the same manner as the board of directors
465	467		of a local government corporation created under Subchapter D,
466	468		Chapter 431, Transportation Code, except that a board member is not
467	469		required to reside in the district.
468	470		Sec. 23C. AGREEMENTS; GRANTS. (a) As provided in Chapter
469	471		375, Local Government Code, the district may make an agreement with
470	472		or accept a gift, grant, or loan from any person.
471	473		(b) The implementation of a project is a governmental
472	474		function or service for the purposes of Chapter 791, Government
473	475		Code.
474	476		Sec. 23D. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
475	477		district may join and pay dues to a charitable or nonprofit
476	478		organization that performs a service or provides an activity
477	479		consistent with the furtherance of a district purpose.
478	480		Sec. 23E. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district
479	481		may engage in activities that accomplish the economic development
480	482		purposes of the district.
481	483		(b) The district may establish and provide for the
482	484		administration of one or more programs to promote state or local
483	485		economic development and to stimulate business and commercial
484	486		activity in the district, including programs to:
485	487		(1) make loans and grants of public money; and
486	488		(2) provide district personnel and services.
487	489		(c) The district may create economic development programs
488	490		and exercise the economic development powers provided to
489	491		municipalities by:
490	492		(1) Chapter 380, Local Government Code; and
491	493		(2) Subchapter A, Chapter 1509, Government Code.
492	494		SECTION 14. Chapter 323, Acts of the 78th Legislature,
493	495		Regular Session, 2003, is amended by adding Section 25A to read as
494	496		follows:
495	497		Sec. 25A. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All
496	498		or any part of the area of the district is eligible to be included
497	499		in:
498	500		(1) a tax increment reinvestment zone created under
499	501		Chapter 311, Tax Code;
500	502		(2) a tax abatement reinvestment zone created under
501	503		Chapter 312, Tax Code;
502	504		(3) an enterprise zone created under Chapter 2303,
503	505		Government Code; or
504	506		(4) an industrial district created under Chapter 42,
505	507		Local Government Code.
506	508		SECTION 15. Section 26(c), Chapter 323, Acts of the 78th
507	509		Legislature, Regular Session, 2003, is amended to read as follows:
508	510		(c) The district may adopt, reduce, or repeal the limited
509	511		sales and use tax authorized by this section at an election in which
510	512		a majority of the voters of the district voting in the election
511	513		approve the adoption or the abolition of the tax, as applicable.
512	514		The board may set the tax at any rate of up to two percent in
513	515		increments of one-eighth of one percent except that the tax may not
514	516		be imposed at a rate that would cause the combined tax rate of all
515	517		local sales and use taxes in any location in the district to exceed
516	518		two percent. If as a result of the imposition or increase in a sales
517	519		and use tax by the district in an area in which there is located all
518	520		or part of a political subdivision that has adopted a sales and use
519	521		tax or as a result of the annexation by the district of all or part
520	522		of the territory in a political subdivision that has adopted a sales
521	523		and use tax the overlapping local sales and use taxes in the area
522	524		will exceed a total of two percent, the district's sales and use tax
523	525		is automatically reduced in that area to a rate that when added to
524	526		the combined rate of local sales and use taxes will equal two
525	527		percent.
526	528		SECTION 16. Chapter 323, Acts of the 78th Legislature,
527	529		Regular Session, 2003, is amended by adding Section 27A to read as
528	530		follows:
529	531		Sec. 27A. AUTHORITY TO BORROW MONEY. The district may
530	532		borrow money on terms as determined by the board. Section 375.205,
531	533		Local Government Code, does not apply to a loan, line of credit, or
532	534		other borrowing from a bank or financial institution secured by
533	535		revenue other than ad valorem taxes.
534	536		SECTION 17. Section 28(c), Chapter 323, Acts of the 78th
535	537		Legislature, Regular Session, 2003, is amended to read as follows:
536	538		(c) To pay for any district purpose authorized by law, and
537	539		in [In] addition to the sources of money described by Subchapter J,
538	540		Chapter 375, Local Government Code, the bonds of the district may be
539	541		secured and made payable, wholly or partly, by a pledge of any part
540	542		of any source of money for the district, including:
541	543		(1) sales and use taxes;
542	544		(2) assessments;
543	545		(3) impact fees;
544	546		(4) revenue;
545	547		(5) contract payments; or
546	548		(6) grants [the net proceeds the district receives
547	549		from a specified portion of the sales and use tax authorized by this
548	550		Act].
549	551		SECTION 18. REPEAL. The following provisions of Chapter
550	552		323, Acts of the 78th Legislature, Regular Session, 2003, are
551	553		repealed:
552	554		(1) Section 4;
553	555		(2) Section 10(b);
554	556		(3) Section 11;
555	557		(4) Section 15;
556	558		(5) Section 16;
557	559		(6) Section 19; and
558	560		(7) Section 23.
559	561		SECTION 19. (a) An elected or appointed director of the
560	562		Westwood Magnolia Parkway Improvement District's board of
561	563		directors who is serving on September 1, 2017, continues to serve
562	564		until the expiration of the director's term. If the position of a
563	565		director who is serving on that date subsequently becomes vacant
564	566		before the expiration of the director's term, the vacancy shall be
565	567		filled in the same manner as Section 10, Chapter 323, Acts of the
566	568		78th Legislature, Regular Session, 2003, provided immediately
567	569		before September 1, 2017.
568	570		(b) On the expiration of the terms of the directors who are
569	571		continuing to serve on September 1, 2017, as described by
570	572		Subsection (a) of this section, the county commissioner serving for
571	573		County Commissioners Precinct No. 2 for the Montgomery County
572	574		Commissioners Court shall appoint two members in the manner
573	575		provided by Section 9, Chapter 323, Acts of the 78th Legislature,
574	576		Regular Session, 2003, as amended by this Act.
575	577		(c) This section expires January 2, 2025.
576	578		SECTION 20. (a) The legislature validates and confirms all
577	579		acts and proceedings of the board of directors of the Westwood
578	580		Magnolia Parkway Improvement District that were taken before the
579	581		effective date of this Act.
580	582		(b) Subsection (a) of this section does not apply to any
581	583		matter that on the effective date of this Act:
582	584		(1) is involved in litigation if the litigation
583	585		ultimately results in the matter being held invalid by a final
584	586		judgment of a court; or
585	587		(2) has been held invalid by a final judgment of a
586	588		court.
587	589		SECTION 21. (a) The legal notice of the intention to
588	590		introduce this Act, setting forth the general substance of this
589	591		Act, has been published as provided by law, and the notice and a
590	592		copy of this Act have been furnished to all persons, agencies,
591	593		officials, or entities to which they are required to be furnished
592	594		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
593	595		Government Code.
594	596		(b) The governor, one of the required recipients, has
595	597		submitted the notice and Act to the Texas Commission on
596	598		Environmental Quality.
597	599		(c) The Texas Commission on Environmental Quality has filed
598	600		its recommendations relating to this Act with the governor, the
599	601		lieutenant governor, and the speaker of the house of
600	602		representatives within the required time.
601	603		(d) All requirements of the constitution and laws of this
602	604		state and the rules and procedures of the legislature with respect
603	605		to the notice, introduction, and passage of this Act are fulfilled
604	606		and accomplished.
605	607		SECTION 22. This Act takes effect September 1, 2017.
606		-	______________________________ ______________________________
607		-	President of the Senate Speaker of the House
608		-	I hereby certify that S.B. No. 2286 passed the Senate on
609		-	May 12, 2017, by the following vote: Yeas 31, Nays 0.
610		-	______________________________
611		-	Secretary of the Senate
612		-	I hereby certify that S.B. No. 2286 passed the House on
613		-	May 19, 2017, by the following vote: Yeas 137, Nays 7, two
614		-	present not voting.
615		-	______________________________
616		-	Chief Clerk of the House
617		-	Approved:
618		-	______________________________
619		-	Date
620		-	______________________________
621		-	Governor