Texas 2019 - 86th Regular

Texas House Bill HB4750 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R24330 SMT-F
2	2	By: Davis of Dallas H.B. No. 4750
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Trinity Municipal Management
8	8	District; providing authority to issue bonds; providing authority
9	9	to impose assessments and fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3989 to read as follows:
13	13	CHAPTER 3989. TRINITY MUNICIPAL MANAGEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3989.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Dallas.
18	18	(3) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(4) "County" means Dallas County.
21	21	(5) "Director" means a board member.
22	22	(6) "District" means the Trinity Municipal Management
23	23	District.
24	24	Sec. 3989.0102. NATURE OF DISTRICT. The Trinity Municipal
25	25	Management District is a special district created under Section 59,
26	26	Article XVI, Texas Constitution.
27	27	Sec. 3989.0103. PURPOSE; DECLARATION OF INTENT. (a) The
28	28	creation of the district is essential to accomplish the purposes of
29	29	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	30	Texas Constitution, and other public purposes stated in this
31	31	chapter.
32	32	(b) By creating the district and in authorizing the city and
33	33	other political subdivisions to contract with the district, the
34	34	legislature has established a program to accomplish the public
35	35	purposes set out in Section 52-a, Article III, Texas Constitution.
36	36	(c) The creation of the district is necessary to promote,
37	37	develop, encourage, and maintain employment, commerce,
38	38	transportation, housing, tourism, recreation, the arts,
39	39	entertainment, economic development, safety, and the public
40	40	welfare in the district.
41	41	(d) This chapter and the creation of the district may not be
42	42	interpreted to relieve the county or the city from providing the
43	43	level of services provided as of the effective date of the Act
44	44	enacting this chapter to the area in the district. The district is
45	45	created to supplement and not to supplant county or city services
46	46	provided in the district.
47	47	Sec. 3989.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
48	48	(a) All land and other property included in the district will
49	49	benefit from the improvements and services to be provided by the
50	50	district under powers conferred by Sections 52 and 52-a, Article
51	51	III, and Section 59, Article XVI, Texas Constitution, and other
52	52	powers granted under this chapter.
53	53	(b) The district is created to serve a public use and
54	54	benefit.
55	55	(c) The creation of the district is in the public interest
56	56	and is essential to further the public purposes of:
57	57	(1) developing and diversifying the economy of the
58	58	state;
59	59	(2) eliminating unemployment and underemployment;
60	60	(3) developing or expanding transportation and
61	61	commerce;
62	62	(4) eliminating homelessness and establishing a means
63	63	to address related social, medical, or mental health needs; and
64	64	(5) preventing dislocation of residents and providing
65	65	affordable housing.
66	66	(d) The district will:
67	67	(1) promote the health, safety, and general welfare of
68	68	residents, employers, potential employees, employees, visitors,
69	69	and consumers in the district, and of the public;
70	70	(2) provide needed funding for the district to
71	71	preserve, maintain, and enhance the economic health and vitality of
72	72	the district territory as a community and business center; and
73	73	(3) promote the health, safety, welfare, and enjoyment
74	74	of the public by providing pedestrian ways and by landscaping and
75	75	developing certain areas in the district, which are necessary for
76	76	the restoration, preservation, and enhancement of scenic beauty.
77	77	(e) Pedestrian ways along or across a street, whether at
78	78	grade or above or below the surface, and street lighting, street
79	79	landscaping, parking, and street art objects are parts of and
80	80	necessary components of a street and are considered to be a street
81	81	or road improvement.
82	82	(f) The district will not act as the agent or
83	83	instrumentality of any private interest even though the district
84	84	will benefit many private interests as well as the public.
85	85	Sec. 3989.0105. INITIAL DISTRICT TERRITORY. The district
86	86	is initially composed of the territory described by Section 2 of the
87	87	Act enacting this chapter.
88	88	Sec. 3989.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
89	89	(a) All or any part of the area of the district is eligible to be
90	90	included in:
91	91	(1) a tax increment reinvestment zone created under
92	92	Chapter 311, Tax Code;
93	93	(2) a tax abatement reinvestment zone created under
94	94	Chapter 312, Tax Code; or
95	95	(3) an enterprise zone created under Chapter 2303,
96	96	Government Code.
97	97	(b) If the city creates a tax increment reinvestment zone
98	98	described by Subsection (a), the city and the board of directors of
99	99	the zone, by contract with the district, may grant money deposited
100	100	in the tax increment fund to the district to be used by the district
101	101	for the purposes permitted for money granted to a corporation under
102	102	Section 380.002(b), Local Government Code, including the right to
103	103	pledge the money as security for any bonds issued by the district
104	104	for an improvement project.
105	105	Sec. 3989.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
106	106	DISTRICTS LAW. Except as otherwise provided by this chapter,
107	107	Chapter 375, Local Government Code, applies to the district.
108	108	Sec. 3989.0108. CONSTRUCTION OF CHAPTER. This chapter
109	109	shall be liberally construed in conformity with the findings and
110	110	purposes stated in this chapter.
111	111	SUBCHAPTER B. BOARD OF DIRECTORS
112	112	Sec. 3989.0201. BOARD OF DIRECTORS; TERMS. The district is
113	113	governed by a board of five directors who serve staggered terms of
114	114	four years, with two or three directors' terms expiring on June 1st
115	115	of each even-numbered year.
116	116	Sec. 3989.0202. APPOINTMENT OF BOARD. Directors are
117	117	appointed by the mayor of the city.
118	118	Sec. 3989.0203. INITIAL DIRECTORS. (a) Notwithstanding
119	119	Sections 3989.0201 and 3989.0202, the initial board consists of the
120	120	14 elected representatives serving on the city council of the city
121	121	on the effective date of the Act enacting this chapter. The initial
122	122	directors serve until the earlier of:
123	123	(1) June 1, 2020; or
124	124	(2) the date directors are appointed for new districts
125	125	created by a division of the district under Subchapter F.
126	126	(b) Notwithstanding Section 3989.0201, the mayor shall
127	127	designate two directors who succeed initial directors under
128	128	Subsection (a)(1) to serve two-year terms.
129	129	SUBCHAPTER C. POWERS AND DUTIES
130	130	Sec. 3989.0301. GENERAL POWERS AND DUTIES. (a) The
131	131	district has the powers and duties necessary to accomplish the
132	132	purposes for which the district is created.
133	133	(b) The district shall adopt a comprehensive plan for
134	134	accomplishing the purposes of the district.
135	135	Sec. 3989.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
136	136	district, using any money available to the district for the
137	137	purpose, may provide, design, construct, acquire, improve,
138	138	relocate, operate, maintain, or finance an improvement project or
139	139	service authorized under this chapter or Chapter 375, Local
140	140	Government Code.
141	141	(b) The district may contract with a governmental or private
142	142	entity to carry out an action under Subsection (a).
143	143	(c) The implementation of a district project or service is a
144	144	governmental function or service for the purposes of Chapter 791,
145	145	Government Code.
146	146	Sec. 3989.0303. NONPROFIT CORPORATION. (a) The board by
147	147	resolution may authorize the creation of a nonprofit corporation to
148	148	assist and act for the district in implementing a project or
149	149	providing a service authorized by this chapter.
150	150	(b) The nonprofit corporation:
151	151	(1) has each power of and is considered to be a local
152	152	government corporation created under Subchapter D, Chapter 431,
153	153	Transportation Code; and
154	154	(2) may implement any project and provide any service
155	155	authorized by this chapter.
156	156	(c) The board shall appoint the board of directors of the
157	157	nonprofit corporation. The board of directors of the nonprofit
158	158	corporation shall serve in the same manner as the board of directors
159	159	of a local government corporation created under Subchapter D,
160	160	Chapter 431, Transportation Code, except that a board member is not
161	161	required to reside in the district.
162	162	Sec. 3989.0304. LAW ENFORCEMENT SERVICES. To protect the
163	163	public interest, the district may contract with a qualified party,
164	164	including the county or the city, to provide law enforcement
165	165	services in the district for a fee.
166	166	Sec. 3989.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
167	167	The district may join and pay dues to a charitable or nonprofit
168	168	organization that performs a service or provides an activity
169	169	consistent with the furtherance of a district purpose.
170	170	Sec. 3989.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
171	171	district may engage in activities that accomplish the economic
172	172	development purposes of the district.
173	173	(b) The district may establish and provide for the
174	174	administration of one or more programs to promote state or local
175	175	economic development and to stimulate business and commercial
176	176	activity in the district, including programs to:
177	177	(1) make loans and grants of public money; and
178	178	(2) provide district personnel and services.
179	179	(c) The district may create economic development programs
180	180	and exercise the economic development powers provided to
181	181	municipalities by:
182	182	(1) Chapter 380, Local Government Code; and
183	183	(2) Subchapter A, Chapter 1509, Government Code.
184	184	Sec. 3989.0307. PARKING FACILITIES. (a) The district may
185	185	acquire, lease as lessor or lessee, construct, develop, own,
186	186	operate, and maintain parking facilities or a system of parking
187	187	facilities, including lots, garages, parking terminals, or other
188	188	structures or accommodations for parking motor vehicles off the
189	189	streets and related appurtenances.
190	190	(b) The district's parking facilities serve the public
191	191	purposes of the district and are owned, used, and held for a public
192	192	purpose even if leased or operated by a private entity for a term of
193	193	years.
194	194	(c) The district's parking facilities are parts of and
195	195	necessary components of a street and are considered to be a street
196	196	or road improvement.
197	197	(d) The development and operation of the district's parking
198	198	facilities may be considered an economic development program.
199	199	Sec. 3989.0308. ADDING OR EXCLUDING LAND. The district may
200	200	add or exclude land in the manner provided by Subchapter J, Chapter
201	201	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
202	202	Sec. 3989.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
203	203	board by resolution shall establish the number of directors'
204	204	signatures and the procedure required for a disbursement or
205	205	transfer of district money.
206	206	Sec. 3989.0310. PUBLIC IMPROVEMENT DISTRICT POWERS. The
207	207	district has the powers provided by Chapter 372, Local Government
208	208	Code, to a municipality or county.
209	209	Sec. 3989.0311. RATES, FEES, AND CHARGES. The district may
210	210	establish, revise, repeal, enforce, and collect rates, fees, and
211	211	charges for the enjoyment, sale, rental, or other use of:
212	212	(1) an improvement project;
213	213	(2) a product resulting from an improvement project;
214	214	or
215	215	(3) another district facility, service, or property.
216	216	Sec. 3989.0312. BOARD DETERMINATION REQUIRED. The district
217	217	may not undertake an improvement project unless the board
218	218	determines the project is necessary to accomplish a public purpose
219	219	of the district.
220	220	Sec. 3989.0313. LOCATION OF IMPROVEMENT PROJECT. An
221	221	improvement project may be located or provide service inside or
222	222	outside the district.
223	223	Sec. 3989.0314. CITY REQUIREMENTS. An improvement project
224	224	in the district must comply with any applicable requirements of the
225	225	city, including codes and ordinances, unless specifically waived or
226	226	superseded by agreement with the city.
227	227	Sec. 3989.0315. RULES AND REGULATIONS. Notwithstanding any
228	228	other law, with the approval of the city as provided by a resolution
229	229	or ordinance, the district may:
230	230	(1) establish rules and regulations governing zoning
231	231	and land use in the district; and
232	232	(2) establish rules and regulations to promote the use
233	233	of historically underutilized businesses for the provision of goods
234	234	and services in the district.
235	235	Sec. 3989.0316. ENFORCEMENT OF REAL PROPERTY RESTRICTIONS.
236	236	The district may enforce a real property restriction in the manner
237	237	provided by Section 54.237, Water Code, if, in the reasonable
238	238	judgment of the board, the enforcement of the restriction is
239	239	necessary.
240	240	Sec. 3989.0317. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
241	241	ASSESSMENTS AND FEES. The district may not impose an assessment,
242	242	impact fee, or standby fee on the property, including the
243	243	equipment, rights-of-way, easements, facilities, or improvements,
244	244	of:
245	245	(1) an electric utility or a power generation company
246	246	as defined by Section 31.002, Utilities Code;
247	247	(2) a gas utility, as defined by Section 101.003 or
248	248	121.001, Utilities Code, or a person who owns pipelines used for the
249	249	transportation or sale of oil or gas or a product or constituent of
250	250	oil or gas;
251	251	(3) a person who owns pipelines used for the
252	252	transportation or sale of carbon dioxide;
253	253	(4) a telecommunications provider as defined by
254	254	Section 51.002, Utilities Code; or
255	255	(5) a cable service provider or video service provider
256	256	as defined by Section 66.002, Utilities Code.
257	257	Sec. 3989.0318. NO AD VALOREM TAX. The district may not
258	258	impose an ad valorem tax.
259	259	Sec. 3989.0319. NO TOLL ROADS. The district may not
260	260	construct, acquire, maintain, or operate a toll road.
261	261	Sec. 3989.0320. NO EMINENT DOMAIN POWER. The district may
262	262	not exercise the power of eminent domain.
263	263	SUBCHAPTER D. ASSESSMENTS
264	264	Sec. 3989.0401. PETITION REQUIRED FOR FINANCING SERVICES
265	265	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
266	266	service or improvement project with assessments under this chapter
267	267	unless a written petition requesting that service or improvement
268	268	has been filed with the board.
269	269	(b) A petition filed under Subsection (a) must be signed by
270	270	the owners of a majority of the assessed value of real property in
271	271	the district subject to assessment according to the most recent
272	272	certified tax appraisal roll for the county.
273	273	Sec. 3989.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
274	274	The board by resolution may impose and collect an assessment for any
275	275	purpose authorized by this chapter in all or any part of the
276	276	district.
277	277	(b) An assessment, a reassessment, or an assessment
278	278	resulting from an addition to or correction of the assessment roll
279	279	by the district, penalties and interest on an assessment or
280	280	reassessment, an expense of collection, and reasonable attorney's
281	281	fees incurred by the district:
282	282	(1) are a first and prior lien against the property
283	283	assessed;
284	284	(2) are superior to any other lien or claim other than
285	285	a lien or claim for county, school district, or municipal ad valorem
286	286	taxes; and
287	287	(3) are the personal liability of and a charge against
288	288	the owners of the property even if the owners are not named in the
289	289	assessment proceedings.
290	290	(c) The lien is effective from the date of the board's
291	291	resolution imposing the assessment until the date the assessment is
292	292	paid. The board may enforce the lien in the same manner that the
293	293	board would enforce an ad valorem tax lien against real property if
294	294	the board were authorized to impose an ad valorem tax.
295	295	(d) The board may make a correction to or deletion from the
296	296	assessment roll that does not increase the amount of assessment of
297	297	any parcel of land without providing notice and holding a hearing in
298	298	the manner required for additional assessments.
299	299	Sec. 3989.0403. RESIDENTIAL PROPERTY NOT EXEMPT. Sections
300	300	375.161 and 375.164, Local Government Code, do not apply to the
301	301	district.
302	302	Sec. 3989.0404. COLLECTION OF ASSESSMENTS. The district
303	303	may contract as provided by Chapter 791, Government Code, with the
304	304	commissioners court of the county for the assessment and collection
305	305	of assessments imposed under this subchapter.
306	306	SUBCHAPTER E. BONDS
307	307	Sec. 3989.0501. AUTHORITY TO BORROW MONEY AND TO ISSUE
308	308	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
309	309	terms determined by the board.
310	310	(b) The district may issue, by public or private sale,
311	311	bonds, notes, or other obligations payable wholly or partly from
312	312	assessments, impact fees, revenue, contract payments, grants, or
313	313	other district money, or any combination of those sources of money,
314	314	to pay for any authorized district purpose.
315	315	(c) The district may issue, by public or private sale,
316	316	bonds, notes, or other obligations payable wholly or partly from
317	317	assessments in the manner provided by Subchapter A, Chapter 372,
318	318	Local Government Code, if the improvement financed by an obligation
319	319	issued under this section will be conveyed to or operated and
320	320	maintained by a municipality or other retail utility provider
321	321	pursuant to an agreement with the district entered into before the
322	322	issuance of the obligation.
323	323	SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
324	324	Sec. 3989.0601. DIVISION OF DISTRICT; PREREQUISITES. The
325	325	district may be divided into two or more new districts.
326	326	Sec. 3989.0602. LAW APPLICABLE TO NEW DISTRICT. This
327	327	chapter applies to any new district created by division of the
328	328	district, and a new district has all the powers and duties of the
329	329	district.
330	330	Sec. 3989.0603. LIMITATION ON AREA OF NEW DISTRICT. A new
331	331	district created by the division of the district may not, at the
332	332	time the new district is created, contain any land outside the area
333	333	described by Section 2 of the Act enacting this chapter.
334	334	Sec. 3989.0604. DIVISION PROCEDURES. (a) The board may
335	335	adopt an order dividing the district.
336	336	(b) An order dividing the district must:
337	337	(1) name each new district;
338	338	(2) include a description of the territory of each new
339	339	district;
340	340	(3) include the names of directors for each new
341	341	district appointed by the mayor of the city; and
342	342	(4) provide for the division of assets and liabilities
343	343	between the new districts.
344	344	(c) Not later than the 30th day after the date the board
345	345	adopts an order dividing the district into two or more new
346	346	districts, the mayor of the city shall appoint directors for each
347	347	new district. The mayor shall designate two directors appointed
348	348	under this subsection to serve two-year terms.
349	349	(d) On or before the 30th day after the date of adoption of
350	350	an order dividing the district, the district shall file the order
351	351	with the commission and record the order in the real property
352	352	records of each county in which the district is located.
353	353	SUBCHAPTER I. DISSOLUTION
354	354	Sec. 3989.0901. DISSOLUTION. (a) The board shall dissolve
355	355	the district on written petition filed with the board by the owners
356	356	of:
357	357	(1) 66 percent or more of the assessed value of the
358	358	property subject to assessment by the district based on the most
359	359	recent certified county property tax rolls; or
360	360	(2) 66 percent or more of the surface area of the
361	361	district, excluding roads, streets, highways, utility
362	362	rights-of-way, other public areas, and other property exempt from
363	363	assessment by the district according to the most recent certified
364	364	county property tax rolls.
365	365	(b) The board by majority vote may dissolve the district at
366	366	any time.
367	367	(c) The district may not be dissolved by its board under
368	368	Subsection (a) or (b) if the district:
369	369	(1) has any outstanding bonded indebtedness until that
370	370	bonded indebtedness has been repaid or defeased in accordance with
371	371	the order or resolution authorizing the issuance of the bonds;
372	372	(2) has a contractual obligation to pay money until
373	373	that obligation has been fully paid in accordance with the
374	374	contract; or
375	375	(3) owns, operates, or maintains public works,
376	376	facilities, or improvements unless the district contracts with
377	377	another person for the ownership, operation, or maintenance of the
378	378	public works, facilities, or improvements.
379	379	(d) Sections 375.261, 375.262, and 375.264, Local
380	380	Government Code, do not apply to the district.
381	381	(e) The city is not liable for district debts or obligations
382	382	following dissolution under this subchapter.
383	383	SECTION 2. The Trinity Municipal Management District
384	384	initially includes all the territory that, as of the effective date
385	385	of this Act, is:
386	386	(1) in the corporate limits of Dallas, Texas; and
387	387	(2) included in a population census tract that is:
388	388	(A) a qualified opportunity zone as defined by
389	389	Section 1400Z-1, Internal Revenue Code of 1986; and
390	390	(B) designated an opportunity zone by the
391	391	governor.
392	392	SECTION 3. (a) The legal notice of the intention to
393	393	introduce this Act, setting forth the general substance of this
394	394	Act, has been published as provided by law, and the notice and a
395	395	copy of this Act have been furnished to all persons, agencies,
396	396	officials, or entities to which they are required to be furnished
397	397	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
398	398	Government Code.
399	399	(b) The governor, one of the required recipients, has
400	400	submitted the notice and Act to the Texas Commission on
401	401	Environmental Quality.
402	402	(c) The Texas Commission on Environmental Quality has filed
403	403	its recommendations relating to this Act with the governor,
404	404	lieutenant governor, and speaker of the house of representatives
405	405	within the required time.
406	406	(d) All requirements of the constitution and laws of this
407	407	state and the rules and procedures of the legislature with respect
408	408	to the notice, introduction, and passage of this Act have been
409	409	fulfilled and accomplished.
410	410	SECTION 4. This Act takes effect immediately if it receives
411	411	a vote of two-thirds of all the members elected to each house, as
412	412	provided by Section 39, Article III, Texas Constitution. If this
413	413	Act does not receive the vote necessary for immediate effect, this
414	414	Act takes effect September 1, 2019.