Texas 2019 - 86th Regular

Texas House Bill HB4662 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4662
	1	+	By: Calanni (Senate Sponsor - Kolkhorst) H.B. No. 4662
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 7,
	6	+	Nays 0; May 15, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4662 By: Fallon
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Richfield Ranch Management District
6	14		of Harris County, Texas; providing authority to issue bonds;
7	15		providing authority to impose assessments, fees, and taxes.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	18		Code, is amended by adding Chapter 3975 to read as follows:
11	19		CHAPTER 3975. RICHFIELD RANCH MANAGEMENT DISTRICT OF HARRIS
12	20		COUNTY, TEXAS
13	21		SUBCHAPTER A. GENERAL PROVISIONS
14	22		Sec. 3975.0101. DEFINITIONS. In this chapter:
15	23		(1) "Board" means the district's board of directors.
16	24		(2) "Commission" means the Texas Commission on
17	25		Environmental Quality.
18	26		(3) "County" means Harris County.
19	27		(4) "Director" means a board member.
20	28		(5) "District" means the Richfield Ranch Management
21	29		District of Harris County, Texas.
22	30		Sec. 3975.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY.
23	31		(a) The district is a special district created under Section 59,
24	32		Article XVI, Texas Constitution.
25	33		(b) The district is a governmental unit, as provided by
26	34		Section 375.004, Local Government Code.
27	35		(c) This chapter does not waive any governmental or
28	36		sovereign immunity from suit, liability, or judgment that would
29	37		otherwise apply to the district.
30	38		Sec. 3975.0103. PURPOSE; DECLARATION OF INTENT. (a) The
31	39		creation of the district is essential to accomplish the purposes of
32	40		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
33	41		Texas Constitution, and other public purposes stated in this
34	42		chapter.
35	43		(b) By creating the district, the legislature has
36	44		established a program to accomplish the public purposes set out in
37	45		Sections 52 and 52-a, Article III, Texas Constitution.
38	46		(c) The creation of the district is necessary to promote,
39	47		develop, encourage, and maintain employment, commerce,
40	48		transportation, housing, tourism, recreation, the arts,
41	49		entertainment, economic development, safety, and the public
42	50		welfare in the district.
43	51		(d) This chapter and the creation of the district may not be
44	52		interpreted to relieve the county or a municipality from providing
45	53		the level of services provided as of the effective date of the Act
46	54		enacting this chapter to the area in the district. The district is
47	55		created to supplement and not to supplant county or municipal
48	56		services provided in the district.
49	57		Sec. 3975.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
50	58		(a) All land and other property included in the district will
51	59		benefit from the improvements and services to be provided by the
52	60		district under powers conferred by Sections 52 and 52-a, Article
53	61		III, and Section 59, Article XVI, Texas Constitution, and other
54	62		powers granted under this chapter.
55	63		(b) The district is created to serve a public use and
56	64		benefit.
57	65		(c) The creation of the district is in the public interest
58	66		and is essential to further the public purposes of:
59	67		(1) developing and diversifying the economy of the
60	68		state;
61	69		(2) eliminating unemployment and underemployment; and
62	70		(3) developing or expanding transportation and
63	71		commerce.
64	72		(d) The district will:
65	73		(1) promote the health, safety, and general welfare of
66	74		residents, employers, potential employees, employees, visitors,
67	75		and consumers in the district, and of the public;
68	76		(2) provide needed funding for the district to
69	77		preserve, maintain, and enhance the economic health and vitality of
70	78		the district territory as a community and business center;
71	79		(3) promote the health, safety, welfare, and enjoyment
72	80		of the public by providing pedestrian ways, road facilities,
73	81		transit facilities, parking facilities, recreational facilities,
74	82		and public art objects and by landscaping and developing certain
75	83		areas in the district, which are necessary for the restoration,
76	84		preservation, and enhancement of scenic beauty; and
77	85		(4) provide for water, wastewater, and drainage
78	86		facilities for the district.
79	87		(e) Pedestrian ways along or across a street, whether at
80	88		grade or above or below the surface, and street lighting, street
81	89		landscaping, parking, and street art objects are parts of and
82	90		necessary components of a street and are considered to be a street
83	91		or road improvement.
84	92		(f) The district will not act as the agent or
85	93		instrumentality of any private interest even though the district
86	94		will benefit many private interests as well as the public.
87	95		Sec. 3975.0105. INITIAL DISTRICT TERRITORY. (a) The
88	96		district is initially composed of the territory described by
89	97		Section 2 of the Act enacting this chapter.
90	98		(b) The boundaries and field notes contained in Section 2 of
91	99		the Act enacting this chapter form a closure. A mistake in the
92	100		field notes or in copying the field notes in the legislative process
93	101		does not affect the district's:
94	102		(1) organization, existence, or validity;
95	103		(2) right to issue any type of bonds for the purposes
96	104		for which the district is created or to pay the principal of and
97	105		interest on the bonds;
98	106		(3) right to impose or collect an assessment or tax; or
99	107		(4) legality or operation.
100	108		Sec. 3975.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
101	109		All or any part of the area of the district is eligible to be
102	110		included in:
103	111		(1) a tax increment reinvestment zone created under
104	112		Chapter 311, Tax Code;
105	113		(2) a tax abatement reinvestment zone created under
106	114		Chapter 312, Tax Code;
107	115		(3) an enterprise zone created under Chapter 2303,
108	116		Government Code; or
109	117		(4) an industrial district created under Chapter 42,
110	118		Local Government Code.
111	119		Sec. 3975.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
112	120		DISTRICTS LAW. Except as otherwise provided by this chapter,
113	121		Chapter 375, Local Government Code, applies to the district.
114	122		Sec. 3975.0108. LIBERAL CONSTRUCTION OF CHAPTER. This
115	123		chapter shall be liberally construed in conformity with the
116	124		findings and purposes stated in this chapter.
117	125		Sec. 3975.0109. CONFLICTS OF LAW. This chapter prevails
118	126		over any provision of general law, including a provision of Chapter
119	127		375, Local Government Code, or Chapter 49, Water Code, that is in
120	128		conflict or inconsistent with this chapter.
121	129		SUBCHAPTER B. BOARD OF DIRECTORS
122	130		Sec. 3975.0201. GOVERNING BODY; TERMS. (a) The district is
123	131		governed by a board of five directors elected or appointed as
124	132		provided by this chapter and Subchapter D, Chapter 49, Water Code.
125	133		(b) Except as provided by Section 3975.0203, directors
126	134		serve staggered four-year terms.
127	135		Sec. 3975.0202. COMPENSATION. A director is entitled to
128	136		receive fees of office and reimbursement for actual expenses as
129	137		provided by Section 49.060, Water Code. Sections 375.069 and
130	138		375.070, Local Government Code, do not apply to the board.
131	139		Sec. 3975.0203. TEMPORARY DIRECTORS. (a) On or after the
132	140		effective date of the Act enacting this chapter, the owner or owners
133	141		of a majority of the assessed value of the real property in the
134	142		district according to the most recent certified tax appraisal roll
135	143		for the county may submit a petition to the commission requesting
136	144		that the commission appoint as temporary directors the five persons
137	145		named in the petition. The commission shall appoint as temporary
138	146		directors the five persons named in the petition.
139	147		(b) The temporary directors shall hold an election to elect
140	148		five permanent directors as provided by Section 49.102, Water Code.
141	149		(c) Temporary directors serve until the earlier of:
142	150		(1) the date permanent directors are elected under
143	151		Subsection (b); or
144	152		(2) the fourth anniversary of the effective date of
145	153		the Act enacting this chapter.
146	154		(d) If permanent directors have not been elected under
147	155		Subsection (b) and the terms of the temporary directors have
148	156		expired, successor temporary directors shall be appointed or
149	157		reappointed as provided by Subsection (e) to serve terms that
150	158		expire on the earlier of:
151	159		(1) the date permanent directors are elected under
152	160		Subsection (b); or
153	161		(2) the fourth anniversary of the date of the
154	162		appointment or reappointment.
155	163		(e) If Subsection (d) applies, the owner or owners of a
156	164		majority of the assessed value of the real property in the district
157	165		according to the most recent certified tax appraisal roll for the
158	166		county may submit a petition to the commission requesting that the
159	167		commission appoint as successor temporary directors the five
160	168		persons named in the petition. The commission shall appoint as
161	169		successor temporary directors the five persons named in the
162	170		petition.
163	171		Sec. 3975.0204. DISQUALIFICATION OF DIRECTORS. Section
164	172		49.052, Water Code, applies to the members of the board.
165	173		SUBCHAPTER C. POWERS AND DUTIES
166	174		Sec. 3975.0301. GENERAL POWERS AND DUTIES. The district
167	175		has the powers and duties necessary to accomplish the purposes for
168	176		which the district is created.
169	177		Sec. 3975.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
170	178		The district, using any money available to the district for the
171	179		purpose, may provide, design, construct, acquire, improve,
172	180		relocate, operate, maintain, or finance an improvement project or
173	181		service authorized under this chapter or Chapter 375, Local
174	182		Government Code.
175	183		(b) The district may contract with a governmental or private
176	184		entity to carry out an action under Subsection (a).
177	185		(c) The implementation of a district project or service is a
178	186		governmental function or service for the purposes of Chapter 791,
179	187		Government Code.
180	188		Sec. 3975.0303. RECREATIONAL FACILITIES. The district may
181	189		develop or finance recreational facilities as authorized by Chapter
182	190		375, Local Government Code, Sections 52 and 52-a, Article III,
183	191		Texas Constitution, Section 59, Article XVI, Texas Constitution,
184	192		and any other law that applies to the district.
185	193		Sec. 3975.0304. AUTHORITY FOR ROAD PROJECTS. Under Section
186	194		52, Article III, Texas Constitution, the district may own, operate,
187	195		maintain, design, acquire, construct, finance, issue bonds, notes,
188	196		or other obligations for, improve, and convey to this state, a
189	197		county, or a municipality for ownership, operation, and maintenance
190	198		macadamized, graveled, or paved roads or improvements, including
191	199		storm drainage, in aid of those roads.
192	200		Sec. 3975.0305. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
193	201		(a) The district may convey a road project authorized by Section
194	202		3975.0304 to:
195	203		(1) a municipality or county that will operate and
196	204		maintain the road if the municipality or county has approved the
197	205		plans and specifications of the road project; or
198	206		(2) the state if the state will operate and maintain
199	207		the road and the Texas Transportation Commission has approved the
200	208		plans and specifications of the road project.
201	209		(b) Except as provided by Subsection (c), the district shall
202	210		operate and maintain a road project authorized by Section 3975.0304
203	211		that the district implements and does not convey to a municipality,
204	212		a county, or this state under Subsection (a).
205	213		(c) The district may agree in writing with a municipality, a
206	214		county, or this state to assign operation and maintenance duties to
207	215		the district, the municipality, the county, or this state in a
208	216		manner other than the manner described in Subsections (a) and (b).
209	217		Sec. 3975.0306. NONPROFIT CORPORATION. (a) The board by
210	218		resolution may authorize the creation of a nonprofit corporation to
211	219		assist and act for the district in implementing a project or
212	220		providing a service authorized by this chapter.
213	221		(b) The nonprofit corporation:
214	222		(1) has each power of and is considered to be a local
215	223		government corporation created under Subchapter D, Chapter 431,
216	224		Transportation Code; and
217	225		(2) may implement any project and provide any service
218	226		authorized by this chapter.
219	227		(c) The board shall appoint the board of directors of the
220	228		nonprofit corporation. The board of directors of the nonprofit
221	229		corporation shall serve in the same manner as the board of directors
222	230		of a local government corporation created under Subchapter D,
223	231		Chapter 431, Transportation Code, except that a board member is not
224	232		required to reside in the district.
225	233		Sec. 3975.0307. LAW ENFORCEMENT SERVICES. Section 49.216,
226	234		Water Code, applies to the district.
227	235		Sec. 3975.0308. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
228	236		The district may join and pay dues to a charitable or nonprofit
229	237		organization that performs a service or provides an activity
230	238		consistent with the furtherance of a district purpose.
231	239		Sec. 3975.0309. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
232	240		district may engage in activities that accomplish the economic
233	241		development purposes of the district.
234	242		(b) The district may establish and provide for the
235	243		administration of one or more programs to promote state or local
236	244		economic development and to stimulate business and commercial
237	245		activity in the district, including programs to:
238	246		(1) make loans and grants of public money; and
239	247		(2) provide district personnel and services.
240	248		(c) The district may create economic development programs
241	249		and exercise the economic development powers that:
242	250		(1) Chapter 380, Local Government Code, provides to a
243	251		municipality; and
244	252		(2) Subchapter A, Chapter 1509, Government Code,
245	253		provides to a municipality.
246	254		Sec. 3975.0310. STRATEGIC PARTNERSHIP AGREEMENT. The
247	255		district may negotiate and enter into a written strategic
248	256		partnership agreement with a municipality under Section 43.0751,
249	257		Local Government Code.
250	258		Sec. 3975.0311. REGIONAL PARTICIPATION AGREEMENT. The
251	259		district may negotiate and enter into a written regional
252	260		participation agreement with a municipality under Section 43.0754,
253	261		Local Government Code.
254	262		Sec. 3975.0312. PARKING FACILITIES. (a) The district may
255	263		acquire, lease as lessor or lessee, construct, develop, own,
256	264		operate, and maintain parking facilities or a system of parking
257	265		facilities, including lots, garages, parking terminals, or other
258	266		structures or accommodations for parking motor vehicles off the
259	267		streets and related appurtenances.
260	268		(b) The district's parking facilities serve the public
261	269		purposes of the district and are owned, used, and held for a public
262	270		purpose even if leased or operated by a private entity for a term of
263	271		years.
264	272		(c) The district's parking facilities are parts of and
265	273		necessary components of a street and are considered to be a street
266	274		or road improvement.
267	275		(d) The development and operation of the district's parking
268	276		facilities may be considered an economic development program.
269	277		Sec. 3975.0313. ADDING OR EXCLUDING LAND. (a) The district
270	278		may add land as provided by Subchapter J, Chapter 49, Water Code.
271	279		(b) The district may exclude land as provided by Subchapter
272	280		J, Chapter 49, Water Code. Section 375.044(b), Local Government
273	281		Code, does not apply to the district.
274	282		(c) The district may include and exclude land as provided by
275	283		Sections 54.739-54.747, Water Code. A reference in those sections
276	284		to a "tax" means an ad valorem tax for the purposes of this
277	285		subsection.
278	286		(d) If the district adopts a sales and use tax authorized at
279	287		an election held under Section 3975.0602 and subsequently includes
280	288		new territory in the district under this section, the district:
281	289		(1) is not required to hold another election to
282	290		approve the imposition of the sales and use tax in the included
283	291		territory; and
284	292		(2) shall impose the sales and use tax in the included
285	293		territory as provided by Chapter 321, Tax Code.
286	294		(e) If the district adopts a sales and use tax authorized at
287	295		an election held under Section 3975.0602 and subsequently excludes
288	296		territory in the district under this section, the sales and use tax
289	297		is inapplicable to the excluded territory, as provided by Chapter
290	298		321, Tax Code, but is applicable to the territory remaining in the
291	299		district.
292	300		Sec. 3975.0314. DISBURSEMENTS AND TRANSFERS OF MONEY. The
293	301		board by resolution shall establish the number of directors'
294	302		signatures and the procedure required for a disbursement or
295	303		transfer of district money.
296	304		Sec. 3975.0315. AUDIT EXEMPTION. (a) The district may
297	305		elect to complete an annual financial report in lieu of an annual
298	306		audit under Section 375.096(a)(6), Local Government Code, if:
299	307		(1) the district had no bonds or other long-term (more
300	308		than one year) liabilities outstanding during the fiscal period;
301	309		(2) the district did not have gross receipts from
302	310		operations, loans, taxes, assessments, or contributions in excess
303	311		of $250,000 during the fiscal period; and
304	312		(3) the district's cash and temporary investments were
305	313		not in excess of $250,000 during the fiscal period.
306	314		(b) Each annual financial report prepared in accordance
307	315		with this section must be open to public inspection and accompanied
308	316		by an affidavit signed by a duly authorized representative of the
309	317		district attesting to the accuracy and authenticity of the
310	318		financial report.
311	319		(c) The annual financial report and affidavit shall be
312	320		substantially similar in form to the annual financial report and
313	321		affidavit forms prescribed by the executive director of the
314	322		commission under Section 49.198, Water Code.
315	323		Sec. 3975.0316. NO EMINENT DOMAIN POWER. The district may
316	324		not exercise the power of eminent domain.
317	325		SUBCHAPTER D. ASSESSMENTS
318	326		Sec. 3975.0401. PETITION REQUIRED FOR FINANCING SERVICES
319	327		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
320	328		service or improvement project with assessments under this chapter
321	329		unless a written petition requesting that service or improvement
322	330		has been filed with the board.
323	331		(b) A petition filed under Subsection (a) must be signed by
324	332		the owners of a majority of the assessed value of real property in
325	333		the district subject to assessment according to the most recent
326	334		certified tax appraisal roll for the county.
327	335		Sec. 3975.0402. METHOD OF NOTICE FOR HEARING. The district
328	336		may mail the notice required by Section 375.115(c), Local
329	337		Government Code, by certified or first class United States mail.
330	338		The board shall determine the method of notice.
331	339		Sec. 3975.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
332	340		The board by resolution may impose and collect an assessment for any
333	341		purpose authorized by this chapter in all or any part of the
334	342		district.
335	343		(b) An assessment, a reassessment, or an assessment
336	344		resulting from an addition to or correction of the assessment roll
337	345		by the district, penalties and interest on an assessment or
338	346		reassessment, an expense of collection, and reasonable attorney's
339	347		fees incurred by the district:
340	348		(1) are a first and prior lien against the property
341	349		assessed;
342	350		(2) are superior to any other lien or claim other than
343	351		a lien or claim for county, school district, or municipal ad valorem
344	352		taxes; and
345	353		(3) are the personal liability of and a charge against
346	354		the owners of the property even if the owners are not named in the
347	355		assessment proceedings.
348	356		(c) The lien is effective from the date of the board's
349	357		resolution imposing the assessment until the date the assessment is
350	358		paid. The board may enforce the lien in the same manner that the
351	359		board may enforce an ad valorem tax lien against real property.
352	360		(d) The board may make a correction to or deletion from the
353	361		assessment roll that does not increase the amount of assessment of
354	362		any parcel of land without providing notice and holding a hearing in
355	363		the manner required for additional assessments.
356	364		SUBCHAPTER E. TAXES AND BONDS
357	365		Sec. 3975.0501. TAX ELECTION REQUIRED. The district must
358	366		hold an election in the manner provided by Chapter 49, Water Code,
359	367		or, if applicable, Chapter 375, Local Government Code, to obtain
360	368		voter approval before the district may impose an ad valorem tax.
361	369		Sec. 3975.0502. OPERATION AND MAINTENANCE TAX. (a) If
362	370		authorized by a majority of the district voters voting at an
363	371		election under Section 3975.0501, the district may impose an
364	372		operation and maintenance tax on taxable property in the district
365	373		in the manner provided by Section 49.107, Water Code, for any
366	374		district purpose, including to:
367	375		(1) maintain and operate the district;
368	376		(2) construct or acquire improvements; or
369	377		(3) provide a service.
370	378		(b) The board shall determine the operation and maintenance
371	379		tax rate. The rate may not exceed the rate approved at the
372	380		election.
373	381		(c) Section 49.107(h), Water Code, does not apply to the
374	382		district.
375	383		Sec. 3975.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
376	384		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
377	385		terms determined by the board.
378	386		(b) The district, by competitive bid or negotiated sale, may
379	387		issue bonds, notes, or other obligations payable wholly or partly
380	388		from ad valorem taxes, assessments, impact fees, revenue, contract
381	389		payments, grants, or other district money, or any combination of
382	390		those sources of money, to pay for any authorized district purpose.
383	391		(c) The limitation on the outstanding principal amount of
384	392		bonds, notes, or other obligations provided by Section 49.4645,
385	393		Water Code, does not apply to the district.
386	394		Sec. 3975.0504. BONDS SECURED BY REVENUE OR CONTRACT
387	395		PAYMENTS. The district may issue, without an election, bonds
388	396		secured by:
389	397		(1) revenue other than ad valorem taxes, including
390	398		contract revenues; or
391	399		(2) contract payments, provided that the requirements
392	400		of Section 49.108, Water Code, have been met.
393	401		Sec. 3975.0505. BONDS SECURED BY AD VALOREM TAXES;
394	402		ELECTIONS. (a) If authorized at an election under Section
395	403		3975.0501, the district may issue bonds payable from ad valorem
396	404		taxes.
397	405		(b) Section 375.243, Local Government Code, does not apply
398	406		to the district.
399	407		(c) At the time the district issues bonds payable wholly or
400	408		partly from ad valorem taxes, the board shall provide for the annual
401	409		imposition of a continuing direct annual ad valorem tax, without
402	410		limit as to rate or amount, for each year that all or part of the
403	411		bonds are outstanding as required and in the manner provided by
404	412		Sections 54.601 and 54.602, Water Code.
405	413		(d) All or any part of any facilities or improvements that
406	414		may be acquired by a district by the issuance of its bonds may be
407	415		submitted as a single proposition or as several propositions to be
408	416		voted on at the election.
409	417		Sec. 3975.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
410	418		board may not issue bonds until each municipality in whose
411	419		corporate limits or extraterritorial jurisdiction the district is
412	420		located has consented by ordinance or resolution to the creation of
413	421		the district and to the inclusion of land in the district.
414	422		(b) This section applies only to the district's first
415	423		issuance of bonds payable from ad valorem taxes.
416	424		SUBCHAPTER F. SALES AND USE TAX
417	425		Sec. 3975.0601. APPLICABILITY OF CERTAIN TAX CODE
418	426		PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
419	427		computation, administration, enforcement, and collection of the
420	428		sales and use tax authorized by this subchapter except to the extent
421	429		Chapter 321, Tax Code, is inconsistent with this chapter.
422	430		(b) A reference in Chapter 321, Tax Code, to a municipality
423	431		or the governing body of a municipality is a reference to the
424	432		district or the board, respectively.
425	433		Sec. 3975.0602. ELECTION; ADOPTION OF TAX. (a) The
426	434		district may adopt a sales and use tax if authorized by a majority
427	435		of the voters of the district voting at an election held for that
428	436		purpose.
429	437		(b) The board by order may call an election to authorize the
430	438		adoption of the sales and use tax. The election may be held on any
431	439		uniform election date and in conjunction with any other district
432	440		election.
433	441		(c) The ballot shall be printed to provide for voting for or
434	442		against the proposition: "Authorization of a sales and use tax in
435	443		the Richfield Ranch Management District of Harris County, Texas, at
436	444		a rate not to exceed ____ percent" (insert rate of one or more
437	445		increments of one-eighth of one percent).
438	446		Sec. 3975.0603. SALES AND USE TAX RATE. (a) On or after the
439	447		date the results are declared of an election held under Section
440	448		3975.0602, at which the voters approved imposition of the tax
441	449		authorized by this subchapter, the board shall determine and adopt
442	450		by resolution or order the initial rate of the tax, which must be in
443	451		one or more increments of one-eighth of one percent.
444	452		(b) After the election held under Section 3975.0602, the
445	453		board may increase or decrease the rate of the tax by one or more
446	454		increments of one-eighth of one percent.
447	455		(c) The initial rate of the tax or any rate resulting from
448	456		subsequent increases or decreases may not exceed the lesser of:
449	457		(1) the maximum rate authorized by the district voters
450	458		at the election held under Section 3975.0602; or
451	459		(2) a rate that, when added to the rates of all sales
452	460		and use taxes imposed by other political subdivisions with
453	461		territory in the district, would result in the maximum combined
454	462		rate prescribed by Section 321.101(f), Tax Code, at any location in
455	463		the district.
456	464		Sec. 3975.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
457	465		section applies to the district after a municipality annexes part
458	466		of the territory in the district and imposes the municipality's
459	467		sales and use tax in the annexed territory.
460	468		(b) If at the time of annexation the district has
461	469		outstanding debt or other obligations payable wholly or partly from
462	470		district sales and use tax revenue, Section 321.102(g), Tax Code,
463	471		applies to the district.
464	472		(c) If at the time of annexation the district does not have
465	473		outstanding debt or other obligations payable wholly or partly from
466	474		district sales and use tax revenue, the district may:
467	475		(1) exclude the annexed territory from the district,
468	476		if the district has no outstanding debt or other obligations
469	477		payable from any source; or
470	478		(2) reduce the sales and use tax in the annexed
471	479		territory by resolution or order of the board to a rate that, when
472	480		added to the sales and use tax rate imposed by the municipality in
473	481		the annexed territory, is equal to the sales and use tax rate
474	482		imposed by the district in the district territory that was not
475	483		annexed by the municipality.
476	484		Sec. 3975.0605. NOTIFICATION OF RATE CHANGE. The board
477	485		shall notify the comptroller of any changes made to the tax rate
478	486		under this subchapter in the same manner the municipal secretary
479	487		provides notice to the comptroller under Section 321.405(b), Tax
480	488		Code.
481	489		Sec. 3975.0606. USE OF REVENUE. Revenue from the sales and
482	490		use tax imposed under this subchapter is for the use and benefit of
483	491		the district and may be used for any district purpose. The district
484	492		may pledge all or part of the revenue to the payment of bonds,
485	493		notes, or other obligations, and that pledge of revenue may be in
486	494		combination with other revenue, including tax revenue, available to
487	495		the district.
488	496		Sec. 3975.0607. ABOLITION OF TAX. (a) Except as provided
489	497		by Subsection (b), the board may abolish the tax imposed under this
490	498		subchapter without an election.
491	499		(b) The board may not abolish the tax imposed under this
492	500		subchapter if the district has outstanding debt secured by the tax,
493	501		and repayment of the debt would be impaired by the abolition of the
494	502		tax.
495	503		(c) If the board abolishes the tax, the board shall notify
496	504		the comptroller of that action in the same manner the municipal
497	505		secretary provides notice to the comptroller under Section
498	506		321.405(b), Tax Code.
499	507		(d) If the board abolishes the tax or decreases the tax rate
500	508		to zero, a new election to authorize a sales and use tax must be held
501	509		under Section 3975.0602 before the district may subsequently impose
502	510		the tax.
503	511		(e) This section does not apply to a decrease in the sales
504	512		and use tax authorized under Section 3975.0604(c)(2).
505	513		SUBCHAPTER I. DISSOLUTION
506	514		Sec. 3975.0901. DISSOLUTION. (a) The board shall dissolve
507	515		the district on written petition filed with the board by the owners
508	516		of:
509	517		(1) 66 percent or more of the assessed value of the
510	518		property subject to assessment by the district based on the most
511	519		recent certified county property tax rolls; or
512	520		(2) 66 percent or more of the surface area of the
513	521		district, excluding roads, streets, highways, utility
514	522		rights-of-way, other public areas, and other property exempt from
515	523		assessment by the district according to the most recent certified
516	524		county property tax rolls.
517	525		(b) The board by majority vote may dissolve the district at
518	526		any time.
519	527		(c) The district may not be dissolved by its board under
520	528		Subsection (a) or (b) if the district:
521	529		(1) has any outstanding bonded indebtedness until that
522	530		bonded indebtedness has been repaid or defeased in accordance with
523	531		the order or resolution authorizing the issuance of the bonds;
524	532		(2) has a contractual obligation to pay money until
525	533		that obligation has been fully paid in accordance with the
526	534		contract; or
527	535		(3) owns, operates, or maintains public works,
528	536		facilities, or improvements unless the district contracts with
529	537		another person for the ownership, operation, or maintenance of the
530	538		public works, facilities, or improvements.
531	539		(d) Sections 375.261, 375.262, and 375.264, Local
532	540		Government Code, do not apply to the district.
533	541		SECTION 2. The Richfield Ranch Management District of
534	542		Harris County, Texas, initially includes all the territory
535	543		contained in the following area:
536	544		Being a 296.69 acre tract of land located within the John W.
537	545		Baker Survey, A-116, the Edward Goodsir Survey, A-285, and the
538	546		H.T.&B.R.R. Co. Survey, A-402, all in Harris County, Texas; said
539	547		296.69 acre tract being a part of a call 2523.670 acre tract of land
540	548		recorded in Clerk's File Number U036618 of the Official Public
541	549		Records of Real Property of Harris County (O.P.R.R.P.H.C); said
542	550		296.69 acre tract being more particularly described by metes and
543	551		bounds as follows (all bearings are referenced to the south line of
544	552		said 2523.670 acre tract):
545	553		Beginning at a 3/4-inch iron rod found at an interior corner
546	554		of said 2523.670 acre tract and the northeast corner of a call 3.220
547	555		acre tract of land recorded in Volume 6368, Page 357 of the Harris
548	556		County Deed Records (H.C.D.R.), and being on the south Right-of-Way
549	557		(R.O.W.) line of the Union Pacific Railroad (100 feet wide)
550	558		recorded in Volume 964, Page 88 of the H.C.D.R.;
551	559		1. Thence with common line of said 2523.670 acre tract and
552	560		said Union Pacific Railroad, South 68 degrees 09 minutes 04 seconds
553	561		East, a distance of 3,468.29 feet to the west R.O.W. line of State
554	562		Highway 99 (Grand Parkway) recorded in Clerk's File Number
555	563		20120310531 of the O.P.R.R.P.H.C.;
556	564		Thence, with said west R.O.W. line, the following thirteen
557	565		(13) courses
558	566		2. South 03 degrees 24 minutes 19 seconds East, a distance
559	567		of 389.11 feet;
560	568		3. South 14 degrees 45 minutes 04 seconds East, a distance
561	569		of 620.00 feet;
562	570		4. South 02 degrees 04 minutes 37 seconds East, a distance
563	571		of 182.04 feet;
564	572		5. 843.74 feet along the arc of a curve to the right, said
565	573		curve having a central angle of 04 degrees 17 minutes 37 seconds, a
566	574		radius of 11,259.16 feet and a chord that bears South 00 degrees 04
567	575		minutes 11 seconds West, a distance of 843.54 feet;
568	576		6. South 02 degrees 12 minutes 59 seconds West, a distance
569	577		of 74.10 feet;
570	578		7. South 47 degrees 12 minutes 59 seconds West, a distance
571	579		of 49.50 feet;
572	580		8. South 02 degrees 12 minutes 59 seconds West, a distance
573	581		of 100.00 feet;
574	582		9. South 42 degrees 47 minutes 01 seconds East, a distance
575	583		of 49.50 feet;
576	584		10. South 02 degrees 12 minutes 59 seconds West, a distance
577	585		of 1,486.42 feet;
578	586		11. 1,398.54 feet along the arc of a curve to the left, said
579	587		curve having a central angle of 03 degrees 27 minutes 58 seconds, a
580	588		radius of 23,118.32 feet and a chord that bears South 00 degrees 29
581	589		minutes 00 seconds West, a distance of 1,398.33 feet;
582	590		12. South 01 degrees 14 minutes 59 seconds East, a distance
583	591		of 1,972.40 feet;
584	592		13. South 43 degrees 22 minutes 43 seconds West, a distance
585	593		of 71.17 feet;
586	594		14. South 01 degrees 14 minutes 59 seconds East, a distance
587	595		of 70.13 feet to the common line of aforesaid 2523.670 acre tract
588	596		and a call 1158.2 acre tract recorded in Volume 3131, Page 393 of
589	597		the H.C.D.R.;
590	598		15. Thence, with said common line, South 88 degrees 00
591	599		minutes 19 seconds West, a distance of 1,250.11 feet;
592	600		Thence, through said 2523.670 acre tract, the following five
593	601		(5) courses:
594	602		16. North 01 degrees 14 minutes 59 seconds West, a distance
595	603		of 2,109.44 feet;
596	604		17. 1,477.19 feet along the arc of a curve to the right, said
597	605		curve having a central angle of 03 degrees 27 minutes 58 seconds, a
598	606		radius of 24,418.32 feet and a chord that bears North 00 degrees 29
599	607		minutes 00 seconds East, a distance of 1,476.96 feet;
600	608		18. North 02 degrees 12 minutes 59 seconds East, a distance
601	609		of 1,730.52 feet;
602	610		19. 1,014.11 feet along the arc of a curve to the left, said
603	611		curve having a central angle of 05 degrees 50 minutes 03 seconds, a
604	612		radius of 9,959.16 feet and a chord that bears North 00 degrees 42
605	613		minutes 03 seconds West, a distance of 1,013.67 feet;
606	614		20. North 68 degrees 09 minutes 04 seconds West, a distance
607	615		of 2,829.49 feet to the common line of said 2523.670 acre tract and
608	616		a call 523.376 acre tract of land recorded in Clerk's File Number
609	617		H793053 of the O.P.R.R.H.C.;
610	618		21. Thence, with said common line, North 02 degrees 09
611	619		minutes 14 seconds West, a distance of 157.88 feet;
612	620		22. Thence, through said 2523.670 acre tract, North 27
613	621		degrees 35 minutes 08 seconds East, at a distance of 306.42 feet
614	622		passing an interior corner of said 2523.670 acre tract and the south
615	623		corner of aforesaid 3.220 acre tract, in all, a total distance of
616	624		1161.59 feet to the Point of Beginning and containing 296.69 acres
617	625		of land.
618	626		SECTION 3. (a) The legal notice of the intention to
619	627		introduce this Act, setting forth the general substance of this
620	628		Act, has been published as provided by law, and the notice and a
621	629		copy of this Act have been furnished to all persons, agencies,
622	630		officials, or entities to which they are required to be furnished
623	631		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
624	632		Government Code.
625	633		(b) The governor, one of the required recipients, has
626	634		submitted the notice and Act to the Texas Commission on
627	635		Environmental Quality.
628	636		(c) The Texas Commission on Environmental Quality has filed
629	637		its recommendations relating to this Act with the governor,
630	638		lieutenant governor, and speaker of the house of representatives
631	639		within the required time.
632	640		(d) All requirements of the constitution and laws of this
633	641		state and the rules and procedures of the legislature with respect
634	642		to the notice, introduction, and passage of this Act have been
635	643		fulfilled and accomplished.
636	644		SECTION 4. This Act takes effect immediately if it receives
637	645		a vote of two-thirds of all the members elected to each house, as
638	646		provided by Section 39, Article III, Texas Constitution. If this
639	647		Act does not receive the vote necessary for immediate effect, this
640	648		Act takes effect September 1, 2019.
641		-	______________________________ ______________________________
642		-	President of the Senate Speaker of the House
643		-	I certify that H.B. No. 4662 was passed by the House on May 7,
644		-	2019, by the following vote: Yeas 128, Nays 18, 2 present, not
645		-	voting; and that the House concurred in Senate amendments to H.B.
646		-	No. 4662 on May 23, 2019, by the following vote: Yeas 110, Nays 33,
647		-	1 present, not voting.
648		-	______________________________
649		-	Chief Clerk of the House
650		-	I certify that H.B. No. 4662 was passed by the Senate, with
651		-	amendments, on May 21, 2019, by the following vote: Yeas 29, Nays
652		-	2.
653		-	______________________________
654		-	Secretary of the Senate
655		-	APPROVED: __________________
656		-	Date
657		-	__________________
658		-	Governor
	649	+	* * * * *