Texas 2019 - 86th Regular

Texas House Bill HB4676 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4676
	1	+	By: Stephenson, et al. (Senate Sponsor - Huffman) H.B. No. 4676
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 16, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 7,
	6	+	Nays 0; May 16, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4676 By: Lucio
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Fort Bend County Management
6	14		District No. 3; providing authority to issue bonds; providing
7	15		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 3984 to read as follows:
11	19		CHAPTER 3984. FORT BEND COUNTY MANAGEMENT DISTRICT NO. 3
12	20		SUBCHAPTER A. GENERAL PROVISIONS
13	21		Sec. 3984.0101. DEFINITIONS. In this chapter:
14	22		(1) "Board" means the district's board of directors.
15	23		(2) "County" means Fort Bend County.
16	24		(3) "Director" means a board member.
17	25		(4) "District" means the Fort Bend County Management
18	26		District No. 3.
19	27		Sec. 3984.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY.
20	28		(a) The Fort Bend County Management District No. 3 is a special
21	29		district created under Section 59, Article XVI, Texas Constitution.
22	30		(b) The district is a governmental unit, as provided by
23	31		Section 375.004, Local Government Code.
24	32		(c) This chapter does not waive any governmental or
25	33		sovereign immunity from suit, liability, or judgment that would
26	34		otherwise apply to the district.
27	35		Sec. 3984.0103. PURPOSE; DECLARATION OF INTENT. (a) The
28	36		creation of the district is essential to accomplish the purposes of
29	37		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	38		Texas Constitution, and other public purposes stated in this
31	39		chapter.
32	40		(b) By creating the district, the legislature has
33	41		established a program to accomplish the public purposes set out in
34	42		Sections 52 and 52-a, Article III, Texas Constitution.
35	43		(c) The creation of the district is necessary to promote,
36	44		develop, encourage, and maintain employment, commerce,
37	45		transportation, housing, tourism, recreation, the arts,
38	46		entertainment, economic development, safety, and the public
39	47		welfare in the district.
40	48		(d) This chapter and the creation of the district may not be
41	49		interpreted to relieve the county or a municipality from providing
42	50		the level of services provided as of the effective date of the Act
43	51		enacting this chapter to the area in the district. The district is
44	52		created to supplement and not to supplant county or municipal
45	53		services provided in the district.
46	54		Sec. 3984.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
47	55		(a) All land and other property included in the district will
48	56		benefit from the improvements and services to be provided by the
49	57		district under powers conferred by Sections 52 and 52-a, Article
50	58		III, and Section 59, Article XVI, Texas Constitution, and other
51	59		powers granted under this chapter.
52	60		(b) The district is created to serve a public use and
53	61		benefit.
54	62		(c) The creation of the district is in the public interest
55	63		and is essential to further the public purposes of:
56	64		(1) developing and diversifying the economy of the
57	65		state;
58	66		(2) eliminating unemployment and underemployment; and
59	67		(3) developing or expanding transportation and
60	68		commerce.
61	69		(d) The district will:
62	70		(1) promote the health, safety, and general welfare of
63	71		residents, employers, potential employees, employees, visitors,
64	72		and consumers in the district, and of the public;
65	73		(2) provide needed funding for the district to
66	74		preserve, maintain, and enhance the economic health and vitality of
67	75		the district territory as a community and business center;
68	76		(3) promote the health, safety, welfare, and enjoyment
69	77		of the public by providing pedestrian ways, transit facilities,
70	78		parking facilities, rail facilities, and public art objects, and by
71	79		landscaping and developing certain areas in the district, which are
72	80		necessary for the restoration, preservation, and enhancement of
73	81		scenic beauty; and
74	82		(4) provide for water, wastewater, drainage, road, and
75	83		recreational facilities for the district.
76	84		(e) Pedestrian ways along or across a street, whether at
77	85		grade or above or below the surface, and street lighting, street
78	86		landscaping, parking, and street art objects are parts of and
79	87		necessary components of a street and are considered to be a street
80	88		or road improvement.
81	89		(f) The district will not act as the agent or
82	90		instrumentality of any private interest even though the district
83	91		will benefit many private interests as well as the public.
84	92		Sec. 3984.0105. INITIAL DISTRICT TERRITORY. (a) The
85	93		district is initially composed of the territory described by
86	94		Section 2 of the Act enacting this chapter.
87	95		(b) The boundaries and field notes contained in Section 2 of
88	96		the Act enacting this chapter form a closure. A mistake in the
89	97		field notes or in copying the field notes in the legislative process
90	98		does not affect the district's:
91	99		(1) organization, existence, or validity;
92	100		(2) right to issue any type of bonds for the purposes
93	101		for which the district is created or to pay the principal of and
94	102		interest on the bonds;
95	103		(3) right to impose or collect an assessment or tax; or
96	104		(4) legality or operation.
97	105		Sec. 3984.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
98	106		All or any part of the area of the district is eligible to be
99	107		included in:
100	108		(1) a tax increment reinvestment zone created under
101	109		Chapter 311, Tax Code;
102	110		(2) a tax abatement reinvestment zone created under
103	111		Chapter 312, Tax Code;
104	112		(3) an enterprise zone created under Chapter 2303,
105	113		Government Code; or
106	114		(4) an industrial district created under Chapter 42,
107	115		Local Government Code.
108	116		Sec. 3984.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
109	117		DISTRICTS LAW. Except as otherwise provided by this chapter,
110	118		Chapter 375, Local Government Code, applies to the district.
111	119		Sec. 3984.0108. CONSTRUCTION OF CHAPTER. This chapter
112	120		shall be liberally construed in conformity with the findings and
113	121		purposes stated in this chapter.
114	122		Sec. 3984.0109. CONFLICTS OF LAW. This chapter prevails
115	123		over any provision of general law, including a provision of Chapter
116	124		375, Local Government Code, or Chapter 49, Water Code, that is in
117	125		conflict or inconsistent with this chapter.
118	126		SUBCHAPTER B. BOARD OF DIRECTORS
119	127		Sec. 3984.0201. GOVERNING BODY; TERMS. (a) The district is
120	128		governed by a board of five directors elected or appointed as
121	129		provided by this chapter and Subchapter D, Chapter 49, Water Code.
122	130		(b) Except as provided by Section 3984.0203, directors
123	131		serve staggered four-year terms.
124	132		Sec. 3984.0202. COMPENSATION. A director is entitled to
125	133		receive fees of office and reimbursement for actual expenses as
126	134		provided by Section 49.060, Water Code. Sections 375.069 and
127	135		375.070, Local Government Code, do not apply to the board.
128	136		Sec. 3984.0203. TEMPORARY DIRECTORS. (a) On or after the
129	137		effective date of the Act creating this chapter, the owner or owners
130	138		of a majority of the assessed value of the real property in the
131	139		district according to the most recent certified tax appraisal roll
132	140		for the county may submit a petition to the Texas Commission on
133	141		Environmental Quality requesting that the commission appoint as
134	142		temporary directors the five persons named in the petition. The
135	143		commission shall appoint as temporary directors the five persons
136	144		named in the petition.
137	145		(b) The temporary or successor temporary directors shall
138	146		hold an election to elect five permanent directors as provided by
139	147		Section 49.102, Water Code.
140	148		(c) Temporary directors serve until the earlier of:
141	149		(1) the date permanent directors are elected under
142	150		Subsection (b); or
143	151		(2) the fourth anniversary of the effective date of
144	152		the Act creating this chapter.
145	153		(d) If permanent directors have not been elected under
146	154		Subsection (b) and the terms of the temporary directors have
147	155		expired, successor temporary directors shall be appointed or
148	156		reappointed as provided by Subsection (e) to serve terms that
149	157		expire on the earlier of:
150	158		(1) the date permanent directors are elected under
151	159		Subsection (b); or
152	160		(2) the fourth anniversary of the date of the
153	161		appointment or reappointment.
154	162		(e) If Subsection (d) applies, the owner or owners of a
155	163		majority of the assessed value of the real property in the district
156	164		according to the most recent certified tax appraisal roll for the
157	165		county may submit a petition to the Texas Commission on
158	166		Environmental Quality requesting that the commission appoint as
159	167		successor temporary directors the five persons named in the
160	168		petition. The commission shall appoint as successor temporary
161	169		directors the five persons named in the petition.
162	170		Sec. 3984.0204. DISQUALIFICATION OF DIRECTORS. Section
163	171		49.052, Water Code, applies to the members of the board.
164	172		SUBCHAPTER C. POWERS AND DUTIES
165	173		Sec. 3984.0301. GENERAL POWERS AND DUTIES. The district
166	174		has the powers and duties necessary to accomplish the purposes for
167	175		which the district is created.
168	176		Sec. 3984.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
169	177		The district, using any money available to the district for the
170	178		purpose, may provide, design, construct, acquire, improve,
171	179		relocate, operate, maintain, or finance an improvement project or
172	180		service authorized under this chapter or Chapter 375, Local
173	181		Government Code.
174	182		(b) The district may contract with a governmental or private
175	183		entity to carry out an action under Subsection (a).
176	184		(c) The implementation of a district project or service is a
177	185		governmental function or service for the purposes of Chapter 791,
178	186		Government Code.
179	187		Sec. 3984.0303. RECREATIONAL FACILITIES. The district may
180	188		develop or finance recreational facilities as authorized by Chapter
181	189		375, Local Government Code, Sections 52 and 52-a, Article III,
182	190		Texas Constitution, Section 59, Article XVI, Texas Constitution,
183	191		and any other law that applies to the district.
184	192		Sec. 3984.0304. AUTHORITY FOR ROAD PROJECTS. Under Section
185	193		52, Article III, Texas Constitution, the district may own, operate,
186	194		maintain, design, acquire, construct, finance, issue bonds, notes,
187	195		or other obligations for, improve, and convey to this state, a
188	196		county, or a municipality for ownership, operation, and maintenance
189	197		macadamized, graveled, or paved roads or improvements, including
190	198		storm drainage, in aid of those roads.
191	199		Sec. 3984.0305. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
192	200		(a) The district may convey a road project authorized by Section
193	201		3984.0304 to:
194	202		(1) a municipality or county that will operate and
195	203		maintain the road if the municipality or county has approved the
196	204		plans and specifications of the road project; or
197	205		(2) the state if the state will operate and maintain
198	206		the road and the Texas Transportation Commission has approved the
199	207		plans and specifications of the road project.
200	208		(b) Except as provided by Subsection (c), the district shall
201	209		operate and maintain a road project authorized by Section 3984.0304
202	210		that the district implements and does not convey to a municipality,
203	211		a county, or this state under Subsection (a).
204	212		(c) The district may agree in writing with a municipality, a
205	213		county, or this state to assign operation and maintenance duties to
206	214		the district, the municipality, the county, or this state in a
207	215		manner other than the manner described in Subsections (a) and (b).
208	216		Sec. 3984.0306. RAIL FACILITIES. In addition to the powers
209	217		granted under Section 375.0921(b), Local Government Code, the
210	218		district may construct, acquire, improve, maintain, finance, and
211	219		operate rail facilities and improvements in aid of those facilities
212	220		for the transport of freight and other cargo.
213	221		Sec. 3984.0307. NONPROFIT CORPORATION. (a) The board by
214	222		resolution may authorize the creation of a nonprofit corporation to
215	223		assist and act for the district in implementing a project or
216	224		providing a service authorized by this chapter.
217	225		(b) The nonprofit corporation:
218	226		(1) has each power of and is considered to be a local
219	227		government corporation created under Subchapter D, Chapter 431,
220	228		Transportation Code; and
221	229		(2) may implement any project and provide any service
222	230		authorized by this chapter.
223	231		(c) The board shall appoint the board of directors of the
224	232		nonprofit corporation. The board of directors of the nonprofit
225	233		corporation shall serve in the same manner as the board of directors
226	234		of a local government corporation created under Subchapter D,
227	235		Chapter 431, Transportation Code, except that a board member is not
228	236		required to reside in the district.
229	237		Sec. 3984.0308. LAW ENFORCEMENT SERVICES. Section 49.216,
230	238		Water Code, applies to the district.
231	239		Sec. 3984.0309. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
232	240		The district may join and pay dues to a charitable or nonprofit
233	241		organization that performs a service or provides an activity
234	242		consistent with the furtherance of a district purpose.
235	243		Sec. 3984.0310. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
236	244		district may engage in activities that accomplish the economic
237	245		development purposes of the district.
238	246		(b) The district may establish and provide for the
239	247		administration of one or more programs to promote state or local
240	248		economic development and to stimulate business and commercial
241	249		activity in the district, including programs to:
242	250		(1) make loans and grants of public money; and
243	251		(2) provide district personnel and services.
244	252		(c) The district may create economic development programs
245	253		and exercise the economic development powers provided to
246	254		municipalities by:
247	255		(1) Chapter 380, Local Government Code; and
248	256		(2) Subchapter A, Chapter 1509, Government Code.
249	257		Sec. 3984.0311. STRATEGIC PARTNERSHIP AGREEMENT. The
250	258		district may negotiate and enter into a written strategic
251	259		partnership agreement with a municipality under Section 43.0751,
252	260		Local Government Code.
253	261		Sec. 3984.0312. REGIONAL PARTICIPATION AGREEMENT. The
254	262		district may negotiate and enter into a written regional
255	263		participation agreement with a municipality under Section 43.0754,
256	264		Local Government Code.
257	265		Sec. 3984.0313. PARKING FACILITIES. (a) The district may
258	266		acquire, lease as lessor or lessee, construct, develop, own,
259	267		operate, and maintain parking facilities or a system of parking
260	268		facilities, including lots, garages, parking terminals, or other
261	269		structures or accommodations for parking motor vehicles off the
262	270		streets and related appurtenances.
263	271		(b) The district's parking facilities serve the public
264	272		purposes of the district and are owned, used, and held for a public
265	273		purpose even if leased or operated by a private entity for a term of
266	274		years.
267	275		(c) The district's parking facilities are parts of and
268	276		necessary components of a street and are considered to be a street
269	277		or road improvement.
270	278		(d) The development and operation of the district's parking
271	279		facilities may be considered an economic development program.
272	280		Sec. 3984.0314. ADDING OR EXCLUDING LAND. (a) The district
273	281		may add land in the manner provided by Subchapter J, Chapter 49,
274	282		Water Code.
275	283		(b) The district may exclude land in the manner provided by
276	284		Subchapter J, Chapter 49, Water Code. Section 375.044(b), Local
277	285		Government Code, does not apply to the district.
278	286		(c) The district may include and exclude land as provided by
279	287		Sections 54.739-54.747, Water Code. A reference in those sections
280	288		to a "tax" means an ad valorem tax for the purposes of this
281	289		subsection.
282	290		(d) If the district adopts a sales and use tax authorized at
283	291		an election held under Section 3984.0602 and subsequently includes
284	292		new territory in the district under this section, the district:
285	293		(1) is not required to hold another election to
286	294		approve the imposition of the sales and use tax in the included
287	295		territory; and
288	296		(2) shall impose the sales and use tax in the included
289	297		territory as provided by Chapter 321, Tax Code.
290	298		(e) If the district adopts a sales and use tax authorized at
291	299		an election held under Section 3984.0602 and subsequently excludes
292	300		territory in the district under this section, the sales and use tax
293	301		is inapplicable to the excluded territory, as provided by Chapter
294	302		321, Tax Code, but is applicable to the territory remaining in the
295	303		district.
296	304		Sec. 3984.0315. DISBURSEMENTS AND TRANSFERS OF MONEY. The
297	305		board by resolution shall establish the number of directors'
298	306		signatures and the procedure required for a disbursement or
299	307		transfer of district money.
300	308		Sec. 3984.0316. AUDIT EXEMPTION. (a) The district may
301	309		elect to complete an annual financial report in lieu of an annual
302	310		audit under Section 375.096(a)(6), Local Government Code, if:
303	311		(1) the district had no bonds or other long-term (more
304	312		than one year) liabilities outstanding during the fiscal period;
305	313		(2) the district did not have gross receipts from
306	314		operations, loans, taxes, assessments, or contributions in excess
307	315		of $250,000 during the fiscal period; and
308	316		(3) the district's cash and temporary investments were
309	317		not in excess of $250,000 during the fiscal period.
310	318		(b) Each annual financial report prepared in accordance
311	319		with this section must be open to public inspection and accompanied
312	320		by an affidavit signed by a duly authorized representative of the
313	321		district attesting to the accuracy and authenticity of the
314	322		financial report.
315	323		(c) The annual financial report and affidavit shall be
316	324		substantially similar in form to the annual financial report and
317	325		affidavit forms prescribed by the executive director of the Texas
318	326		Commission on Environmental Quality under Section 49.198, Water
319	327		Code.
320	328		Sec. 3984.0317. NO EMINENT DOMAIN POWER. The district may
321	329		not exercise the power of eminent domain.
322	330		SUBCHAPTER D. ASSESSMENTS
323	331		Sec. 3984.0401. PETITION REQUIRED FOR FINANCING SERVICES
324	332		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
325	333		service or improvement project with assessments under this chapter
326	334		unless a written petition requesting that service or improvement
327	335		has been filed with the board.
328	336		(b) A petition filed under Subsection (a) must be signed by
329	337		the owners of a majority of the assessed value of real property in
330	338		the district subject to assessment according to the most recent
331	339		certified tax appraisal roll for the county.
332	340		Sec. 3984.0402. METHOD OF NOTICE FOR HEARING. The district
333	341		may mail the notice required by Section 375.115(c), Local
334	342		Government Code, by certified or first class United States mail.
335	343		The board shall determine the method of notice.
336	344		Sec. 3984.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
337	345		The board by resolution may impose and collect an assessment for any
338	346		purpose authorized by this chapter in all or any part of the
339	347		district.
340	348		(b) An assessment, a reassessment, or an assessment
341	349		resulting from an addition to or correction of the assessment roll
342	350		by the district, penalties and interest on an assessment or
343	351		reassessment, an expense of collection, and reasonable attorney's
344	352		fees incurred by the district:
345	353		(1) are a first and prior lien against the property
346	354		assessed;
347	355		(2) are superior to any other lien or claim other than
348	356		a lien or claim for county, school district, or municipal ad valorem
349	357		taxes; and
350	358		(3) are the personal liability of and a charge against
351	359		the owners of the property even if the owners are not named in the
352	360		assessment proceedings.
353	361		(c) The lien is effective from the date of the board's
354	362		resolution imposing the assessment until the date the assessment is
355	363		paid. The board may enforce the lien in the same manner that the
356	364		board may enforce an ad valorem tax lien against real property.
357	365		(d) The board may make a correction to or deletion from the
358	366		assessment roll that does not increase the amount of assessment of
359	367		any parcel of land without providing notice and holding a hearing in
360	368		the manner required for additional assessments.
361	369		SUBCHAPTER E. TAXES AND BONDS
362	370		Sec. 3984.0501. TAX ELECTION REQUIRED. The district must
363	371		hold an election in the manner provided by Chapter 49, Water Code,
364	372		or, if applicable, Chapter 375, Local Government Code, to obtain
365	373		voter approval before the district may impose an ad valorem tax.
366	374		Sec. 3984.0502. OPERATION AND MAINTENANCE TAX. (a) If
367	375		authorized by a majority of the district voters voting at an
368	376		election under Section 3984.0501, the district may impose an
369	377		operation and maintenance tax on taxable property in the district
370	378		in the manner provided by Section 49.107, Water Code, for any
371	379		district purpose, including to:
372	380		(1) maintain and operate the district;
373	381		(2) construct or acquire improvements; or
374	382		(3) provide a service.
375	383		(b) The board shall determine the operation and maintenance
376	384		tax rate. The rate may not exceed the rate approved at the
377	385		election.
378	386		(c) Section 49.107(h), Water Code, does not apply to the
379	387		district.
380	388		Sec. 3984.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
381	389		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
382	390		terms determined by the board.
383	391		(b) The district may, by competitive bid or negotiated sale,
384	392		issue bonds, notes, or other obligations payable wholly or partly
385	393		from ad valorem taxes, assessments, impact fees, revenue, contract
386	394		payments, grants, or other district money, or any combination of
387	395		those sources of money, to pay for any authorized district purpose.
388	396		(c) The limitation on the outstanding principal amount of
389	397		bonds, notes, or other obligations provided by Section 49.4645,
390	398		Water Code, does not apply to the district.
391	399		Sec. 3984.0504. BONDS SECURED BY REVENUE OR CONTRACT
392	400		PAYMENTS. The district may issue, without an election, bonds
393	401		secured by:
394	402		(1) revenue other than ad valorem taxes, including
395	403		contract revenues; or
396	404		(2) contract payments, provided that the requirements
397	405		of Section 49.108, Water Code, have been met.
398	406		Sec. 3984.0505. BONDS SECURED BY AD VALOREM TAXES;
399	407		ELECTIONS. (a) If authorized at an election under Section
400	408		3984.0501, the district may issue bonds payable from ad valorem
401	409		taxes.
402	410		(b) Section 375.243, Local Government Code, does not apply
403	411		to the district.
404	412		(c) At the time the district issues bonds payable wholly or
405	413		partly from ad valorem taxes, the board shall provide for the annual
406	414		imposition of a continuing direct annual ad valorem tax, without
407	415		limit as to rate or amount, for each year that all or part of the
408	416		bonds are outstanding as required and in the manner provided by
409	417		Sections 54.601 and 54.602, Water Code.
410	418		(d) All or any part of any facilities or improvements that
411	419		may be acquired by a district by the issuance of its bonds may be
412	420		submitted as a single proposition or as several propositions to be
413	421		voted on at the election.
414	422		Sec. 3984.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
415	423		board may not hold an election under Section 3984.0501, issue
416	424		bonds, or incur any debt until each municipality in whose corporate
417	425		limits or extraterritorial jurisdiction the district is located has
418	426		consented by ordinance or resolution to the creation of the
419	427		district and to the inclusion of land in the district.
420	428		(b) This section applies only to the district's first
421	429		issuance of bonds payable from ad valorem taxes.
422	430		SUBCHAPTER F. SALES AND USE TAX
423	431		Sec. 3984.0601. APPLICABILITY OF CERTAIN TAX CODE
424	432		PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
425	433		computation, administration, enforcement, and collection of the
426	434		sales and use tax authorized by this subchapter except to the extent
427	435		Chapter 321, Tax Code, is inconsistent with this chapter.
428	436		(b) A reference in Chapter 321, Tax Code, to a municipality
429	437		or the governing body of a municipality is a reference to the
430	438		district or the board, respectively.
431	439		Sec. 3984.0602. ELECTION; ADOPTION OF TAX. (a) The
432	440		district may adopt a sales and use tax if authorized by a majority
433	441		of the voters of the district voting at an election held for that
434	442		purpose.
435	443		(b) The board by order may call an election to authorize the
436	444		adoption of the sales and use tax. The election may be held on any
437	445		uniform election date and in conjunction with any other district
438	446		election.
439	447		(c) The ballot shall be printed to provide for voting for or
440	448		against the proposition: "Authorization of a sales and use tax in
441	449		the Fort Bend County Management District No. 3 at a rate not to
442	450		exceed ____ percent" (insert rate of one or more increments of
443	451		one-eighth of one percent).
444	452		Sec. 3984.0603. SALES AND USE TAX RATE. (a) On or after the
445	453		date the results are declared of an election held under Section
446	454		3984.0602, at which the voters approved imposition of the tax
447	455		authorized by this subchapter, the board shall determine and adopt
448	456		by resolution or order the initial rate of the tax, which must be in
449	457		one or more increments of one-eighth of one percent.
450	458		(b) After the election held under Section 3984.0602, the
451	459		board may increase or decrease the rate of the tax by one or more
452	460		increments of one-eighth of one percent.
453	461		(c) The initial rate of the tax or any rate resulting from
454	462		subsequent increases or decreases may not exceed the lesser of:
455	463		(1) the maximum rate authorized by the district voters
456	464		at the election held under Section 3984.0602; or
457	465		(2) a rate that, when added to the rates of all sales
458	466		and use taxes imposed by other political subdivisions with
459	467		territory in the district, would result in the maximum combined
460	468		rate prescribed by Section 321.101(f), Tax Code, at any location in
461	469		the district.
462	470		Sec. 3984.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
463	471		section applies to the district after a municipality annexes part
464	472		of the territory in the district and imposes the municipality's
465	473		sales and use tax in the annexed territory.
466	474		(b) If at the time of annexation the district has
467	475		outstanding debt or other obligations payable wholly or partly from
468	476		district sales and use tax revenue, Section 321.102(g), Tax Code,
469	477		applies to the district.
470	478		(c) If at the time of annexation the district does not have
471	479		outstanding debt or other obligations payable wholly or partly from
472	480		district sales and use tax revenue, the district may:
473	481		(1) exclude the annexed territory from the district,
474	482		if the district has no outstanding debt or other obligations
475	483		payable from any source; or
476	484		(2) reduce the sales and use tax in the annexed
477	485		territory by resolution or order of the board to a rate that, when
478	486		added to the sales and use tax rate imposed by the municipality in
479	487		the annexed territory, is equal to the sales and use tax rate
480	488		imposed by the district in the district territory that was not
481	489		annexed by the municipality.
482	490		Sec. 3984.0605. NOTIFICATION OF RATE CHANGE. The board
483	491		shall notify the comptroller of any changes made to the tax rate
484	492		under this subchapter in the same manner the municipal secretary
485	493		provides notice to the comptroller under Section 321.405(b), Tax
486	494		Code.
487	495		Sec. 3984.0606. USE OF REVENUE. Revenue from the sales and
488	496		use tax imposed under this subchapter is for the use and benefit of
489	497		the district and may be used for any district purpose. The district
490	498		may pledge all or part of the revenue to the payment of bonds,
491	499		notes, or other obligations, and that pledge of revenue may be in
492	500		combination with other revenue, including tax revenue, available to
493	501		the district.
494	502		Sec. 3984.0607. ABOLITION OF TAX. (a) Except as provided
495	503		by Subsection (b), the board may abolish the tax imposed under this
496	504		subchapter without an election.
497	505		(b) The board may not abolish the tax imposed under this
498	506		subchapter if the district has outstanding debt secured by the tax,
499	507		and repayment of the debt would be impaired by the abolition of the
500	508		tax.
501	509		(c) If the board abolishes the tax, the board shall notify
502	510		the comptroller of that action in the same manner the municipal
503	511		secretary provides notice to the comptroller under Section
504	512		321.405(b), Tax Code.
505	513		(d) If the board abolishes the tax or decreases the tax rate
506	514		to zero, a new election to authorize a sales and use tax must be held
507	515		under Section 3984.0602 before the district may subsequently impose
508	516		the tax.
509	517		(e) This section does not apply to a decrease in the sales
510	518		and use tax authorized under Section 3984.0604(c)(2).
511	519		SUBCHAPTER G. HOTEL OCCUPANCY TAX
512	520		Sec. 3984.0701. DEFINITION. In this subchapter, "hotel"
513	521		has the meaning assigned by Section 156.001, Tax Code.
514	522		Sec. 3984.0702. APPLICABILITY OF CERTAIN TAX CODE
515	523		PROVISIONS. (a) For purposes of this subchapter:
516	524		(1) a reference in Subchapter A, Chapter 352, Tax
517	525		Code, to a county is a reference to the district; and
518	526		(2) a reference in Subchapter A, Chapter 352, Tax
519	527		Code, to the commissioners court is a reference to the board.
520	528		(b) Except as inconsistent with this subchapter, Subchapter
521	529		A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
522	530		by this subchapter, including the collection of the tax, subject to
523	531		the limitations prescribed by Sections 352.002(b) and (c), Tax
524	532		Code.
525	533		Sec. 3984.0703. TAX AUTHORIZED; USE OF REVENUE. The
526	534		district may impose a hotel occupancy tax for any purpose described
527	535		by Section 351.101 or 352.101, Tax Code.
528	536		Sec. 3984.0704. TAX RATE. (a) The amount of the hotel
529	537		occupancy tax may not exceed the lesser of:
530	538		(1) the maximum rate prescribed by Section 352.003(a),
531	539		Tax Code; or
532	540		(2) a rate that, when added to the rates of all hotel
533	541		occupancy taxes imposed by other political subdivisions with
534	542		territory in the district and by this state, does not exceed the sum
535	543		of the rate prescribed by Section 351.0025(b), Tax Code, plus two
536	544		percent.
537	545		(b) The district tax is in addition to a tax imposed by a
538	546		municipality under Chapter 351, Tax Code, or by the county under
539	547		Chapter 352, Tax Code.
540	548		Sec. 3984.0705. INFORMATION. The district may examine and
541	549		receive information related to the imposition of hotel occupancy
542	550		taxes to the same extent as if the district were a county.
543	551		Sec. 3984.0706. USE OF REVENUE. The district may use
544	552		revenue from the hotel occupancy tax for any district purpose that
545	553		is an authorized use of hotel occupancy tax revenue under Chapter
546	554		351 or 352, Tax Code. The district may pledge all or part of the
547	555		revenue to the payment of bonds, notes, or other obligations and
548	556		that pledge of revenue may be in combination with other revenue
549	557		available to the district.
550	558		Sec. 3984.0707. ABOLITION OF TAX. (a) Except as provided
551	559		by Subsection (b), the board may abolish the tax imposed under this
552	560		subchapter.
553	561		(b) The board may not abolish the tax imposed under this
554	562		subchapter if the district has outstanding debt secured by the tax,
555	563		and repayment of the debt would be impaired by the abolition of the
556	564		tax.
557	565		SUBCHAPTER I. DISSOLUTION
558	566		Sec. 3984.0901. DISSOLUTION. (a) The board shall dissolve
559	567		the district on written petition filed with the board by the owners
560	568		of:
561	569		(1) 66 percent or more of the assessed value of the
562	570		property subject to assessment by the district based on the most
563	571		recent certified county property tax rolls; or
564	572		(2) 66 percent or more of the surface area of the
565	573		district, excluding roads, streets, highways, utility
566	574		rights-of-way, other public areas, and other property exempt from
567	575		assessment by the district according to the most recent certified
568	576		county property tax rolls.
569	577		(b) The board by majority vote may dissolve the district at
570	578		any time.
571	579		(c) The district may not be dissolved by its board under
572	580		Subsection (a) or (b) if the district:
573	581		(1) has any outstanding bonded indebtedness until that
574	582		bonded indebtedness has been repaid or defeased in accordance with
575	583		the order or resolution authorizing the issuance of the bonds;
576	584		(2) has a contractual obligation to pay money until
577	585		that obligation has been fully paid in accordance with the
578	586		contract; or
579	587		(3) owns, operates, or maintains public works,
580	588		facilities, or improvements unless the district contracts with
581	589		another person for the ownership, operation, or maintenance of the
582	590		public works, facilities, or improvements.
583	591		(d) Sections 375.261, 375.262, and 375.264, Local
584	592		Government Code, do not apply to the district.
585	593		SECTION 2. The Fort Bend County Management District No. 3
586	594		initially includes all the territory contained in the following
587	595		area:
588	596		Being approximately 763.4 acres located in the John Jones
589	597		Survey, Abstract 41, the Wiley Martin League, Abstract 56, the
590	598		Peter Teal Survey, Abstract 337, and the M. M. Ryon Survey, Abstract
591	599		368, and located in extraterritorial jurisdiction of the Town of
592	600		Thompsons, Fort Bend County, Texas, more particularly described by
593	601		metes and bounds as follows, (all bearings referenced to the Texas
594	602		Coordinate System, South Central Zone, NAD83):
595	603		Commencing for reference at the southeast corner of the Abner
596	604		Kuykendall League, Abstract 48, said corner being in the northeast
597	605		line of said John Jones Survey;
598	606		Thence, North 67° 34' 45" West, 1,111.11 feet along the
599	607		northeast line of said John Jones Survey to the north corner of the
600	608		said John Jones Survey and east corner of said Wiley Martin League;
601	609		Thence, South 52° 25' 15" West, 6,921.88 feet to the POINT OF
602	610		BEGINNING of the herein described tract, said point being at the
603	611		intersection of the west right-of-way line of State Farm to Market
604	612		Road No. 762 (called 80 feet wide) and the southeast line of said
605	613		Wiley Martin League and northwest line of said John Jones Survey;
606	614		Thence, Southerly along the west right-of-way line of said
607	615		State Farm to Market Road No. 762 with the following eleven (11)
608	616		courses and distances:
609	617		1. South 08° 51' 57" East, 1,050.20 feet, more or less, to
610	618		point, the beginning of a curve;
611	619		2. 194.68 feet, more or less, along the arc of a tangent
612	620		curve to the left, having a radius of 5,212.24 feet, a central angle
613	621		of 02° 08' 24", and a chord which bears South 09° 56' 09" East, 194.67
614	622		feet to a point for corner;
615	623		3. South 11° 00' 23" East, 117.20 feet, more or less, to a
616	624		point;
617	625		4. South 07° 11' 32" East, 150.33 feet, more or less, to a
618	626		point;
619	627		5. South 11° 00' 23" East, 450.00 feet, more or less, to a
620	628		point;
621	629		6. South 16° 43' 01" East, 100.50 feet, more or less, to a
622	630		point;
623	631		7. South 11° 00' 23" East, 340.80 feet, more or less, to
624	632		point, the beginning of a curve;
625	633		8. 402.80 feet, more or less, along the arc of a tangent
626	634		curve to the right, having a radius of 685.50 feet, a central angle
627	635		of 33° 40' 00", and a chord which bears South 05° 49' 37" West, 397.03
628	636		feet to a point for corner;
629	637		9. South 22° 24' 43" West, at 248.71 feet pass a point in the
630	638		North line of the Entrance Road, in all 330.91 feet, more or less,
631	639		to a point in the South line of said Entrance Road to George Park;
632	640		10. South 22° 50' 06" West, 568.79 feet, more or less, to an
633	641		angle point;
634	642		11. South 22° 29' 40" West, 1,570.38 feet, more or less, to
635	643		the southeast corner of this tract;
636	644		Thence, North 67° 30' 40" West, departing the west
637	645		right-of-way line of said State Farm to Market Road No. 762,
638	646		2,249.84 feet, more or less, to the southwest corner of this tract,
639	647		said point being in the centerline of a farm road;
640	648		Thence, North 25° 06' 53" East, along the centerline of a farm
641	649		road, 843.77 feet, more or less, to a point for corner in the
642	650		northwesterly line of the aforementioned M. M. Ryon Survey and the
643	651		southeasterly line of the aforementioned Peter Teal Survey;
644	652		Thence, South 42° 04' 42" West, with the common survey line of
645	653		said M. M. Ryon and Peter Teal Surveys, 3,389.92 feet, more or less,
646	654		to a point for the common east corner of said Peter Teal Survey and
647	655		the William Byrne Survey, Abstract 112, Fort Bend County Texas;
648	656		Thence, North 47° 55' 18" West, with the common survey line of
649	657		said Peter Teal and said William Byrne Survey, 4,536.11 feet, more
650	658		or less, to a point for the common west corner of said Peter Teal and
651	659		William Byrne Surveys, same being in the southeasterly line of the
652	660		Henry Wilcox Survey, Abstract 342, Fort Bend County, Texas;
653	661		Thence, North 42° 04' 42" East, with the common survey line of
654	662		said Peter Teal Survey and said Henry Wilcox Survey, 1,661.11 feet,
655	663		more or less, to a point for the common north corner of said Peter
656	664		Teal and Henry Wilcox Surveys, same being on the southwesterly line
657	665		of the aforementioned Wiley Martin League;
658	666		Thence, South 67° 54' 35" East, with the common line of said
659	667		Peter Teal and Wiley Martin Leagues, 3,158.33 feet, more or less, to
660	668		an angle point for corner;
661	669		Thence, North 52° 04' 42" East, continuing with said common
662	670		line, 1,929.30 feet, more or less, to a point for corner;
663	671		Thence, departing the northeasterly line of said Peter Teal
664	672		Survey and the southerly line of said Wiley Martin League, westerly
665	673		and northerly along the centerline of a farm road the following
666	674		eleven (11) courses and distances:
667	675		1. North 15° 05' 08" East, 224.85 feet, more or less, to a
668	676		point for corner;
669	677		2. North 45° 58' 21" West, 1,101.01 feet, more or less, to a
670	678		point for corner;
671	679		3. North 39° 47' 43" West, 109.50 feet, more or less, to a
672	680		point for corner;
673	681		4. North 16° 57' 20" West, 99.03 feet, more or less, to a
674	682		point for corner;
675	683		5. North 13° 29' 08" West, 438.57 feet, more or less, to a
676	684		point for corner;
677	685		6. North 13° 38' 07" West, 1,498.84 feet, more or less, to a
678	686		point for corner;
679	687		7. North 18° 59' 40" West, 80.30 feet, more or less, to a
680	688		point for corner;
681	689		8. North 42° 20' 03" West, 62.14 feet, more or less, to a
682	690		point for corner;
683	691		9. North 60° 52' 39" West, 236.49 feet, more or less, to a
684	692		point for corner;
685	693		10. North 00° 52' 17" West, 160.45 feet, more or less, to a
686	694		point for corner on a bridge at the centerline of Dry Creek for
687	695		angle point;
688	696		11. North 00° 38' 30" West, 174.07 feet, more or less, to the
689	697		northwest corner of this tract;
690	698		Thence, North 66° 38' 04" East, departing said road, 278.20
691	699		feet, more or less, to a point for corner;
692	700		Thence, South 86° 26' 20" East, 71.37 feet, more or less, to a
693	701		point for corner;
694	702		Thence, North 48° 36' 58" East, 126.06 feet, more or less, to a
695	703		point for corner;
696	704		Thence, North 88° 02' 53" East, 131.33 feet, more or less, to a
697	705		point for corner;
698	706		Thence, North 68° 30' 10" East, 1,817.67 feet, more or less,
699	707		to a point for re-entrant corner of this tract;
700	708		Thence, North 38° 15' 23" West, 140.20 feet, more or less, to a
701	709		point for corner;
702	710		Thence, North 69° 38' 00" East, 224.50 feet, more or less, to
703	711		the north corner of this tract, same being on the westerly
704	712		right-of-way line of the aforementioned State Farm to Market Road
705	713		No. 762;
706	714		Thence, South 38° 09' 57" East, with said westerly
707	715		right-of-way line, 1,241.87 feet, more or less, to the north corner
708	716		of a State of Texas 2.2750 acre Tract;
709	717		Thence, with the northerly, westerly, and southerly lines of
710	718		said 2.2750 acre tract the following five (5) courses and
711	719		distances:
712	720		1. South 51° 50' 03" West, 20.00 feet, more or less, to a
713	721		point for corner;
714	722		2. South 38° 09' 57" East, 100.00 feet, more or less, to a
715	723		point for corner, the beginning of a curve;
716	724		3. 1,710.57 feet, more or less, along the arc of a tangent
717	725		curve to the right, having a radius of 3,345.00 feet, a central
718	726		angle of 29° 18' 00", and a chord which bears South 23° 30' 57" East,
719	727		1,691.99 feet to a point for corner;
720	728		4. South 08° 51' 57" East, 100.00 feet, more or less, to a
721	729		point for corner;
722	730		5. North 81° 08' 03" East, 20.00 feet, more or less, to a
723	731		point for corner in the westerly right-of-way line of said State
724	732		Farm Market Road No. 762;
725	733		Thence, South 08° 51' 57" East, along said westerly
726	734		right-of-way line, 289.74 feet, more or less, to the POINT OF
727	735		BEGINNING and containing approximately 763.4 acres of land.
728	736		SECTION 3. (a) The legal notice of the intention to
729	737		introduce this Act, setting forth the general substance of this
730	738		Act, has been published as provided by law, and the notice and a
731	739		copy of this Act have been furnished to all persons, agencies,
732	740		officials, or entities to which they are required to be furnished
733	741		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
734	742		Government Code.
735	743		(b) The governor, one of the required recipients, has
736	744		submitted the notice and Act to the Texas Commission on
737	745		Environmental Quality.
738	746		(c) The Texas Commission on Environmental Quality has filed
739	747		its recommendations relating to this Act with the governor,
740	748		lieutenant governor, and speaker of the house of representatives
741	749		within the required time.
742	750		(d) All requirements of the constitution and laws of this
743	751		state and the rules and procedures of the legislature with respect
744	752		to the notice, introduction, and passage of this Act have been
745	753		fulfilled and accomplished.
746	754		SECTION 4. This Act takes effect immediately if it receives
747	755		a vote of two-thirds of all the members elected to each house, as
748	756		provided by Section 39, Article III, Texas Constitution. If this
749	757		Act does not receive the vote necessary for immediate effect, this
750	758		Act takes effect September 1, 2019.
751		-	______________________________ ______________________________
752		-	President of the Senate Speaker of the House
753		-	I certify that H.B. No. 4676 was passed by the House on May 3,
754		-	2019, by the following vote: Yeas 127, Nays 13, 2 present, not
755		-	voting; and that the House concurred in Senate amendments to H.B.
756		-	No. 4676 on May 24, 2019, by the following vote: Yeas 106, Nays 34,
757		-	3 present, not voting.
758		-	______________________________
759		-	Chief Clerk of the House
760		-	I certify that H.B. No. 4676 was passed by the Senate, with
761		-	amendments, on May 22, 2019, by the following vote: Yeas 29, Nays
762		-	2.
763		-	______________________________
764		-	Secretary of the Senate
765		-	APPROVED: __________________
766		-	Date
767		-	__________________
768		-	Governor
	759	+	* * * * *