Texas 2019 - 86th Regular

Texas Senate Bill SB2470 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Kolkhorst S.B. No. 2470
	2	+	(In the Senate - Filed March 26, 2019; March 27, 2019, read
	3	+	first time and referred to Committee on Intergovernmental
	4	+	Relations; May 6, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 6, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2470 By: Nichols
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the creation of the Richfield Ranch Management District
7	14		of Harris County, Texas; providing authority to issue bonds;
8	15		providing authority to impose assessments, fees, and taxes.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
11	18		Code, is amended by adding Chapter 3975 to read as follows:
12	19		CHAPTER 3975. RICHFIELD RANCH MANAGEMENT DISTRICT OF HARRIS
13	20		COUNTY, TEXAS
14	21		SUBCHAPTER A. GENERAL PROVISIONS
15	22		Sec. 3975.0101. DEFINITIONS. In this chapter:
16	23		(1) "Board" means the district's board of directors.
17	24		(2) "Commission" means the Texas Commission on
18	25		Environmental Quality.
19	26		(3) "County" means Harris County.
20	27		(4) "Director" means a board member.
21	28		(5) "District" means the Richfield Ranch Management
22	29		District of Harris County, Texas.
23	30		Sec. 3975.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY.
24	31		(a) The district is a special district created under Section 59,
25	32		Article XVI, Texas Constitution.
26	33		(b) The district is a governmental unit, as provided by
27	34		Section 375.004, Local Government Code.
28	35		(c) This chapter does not waive any governmental or
29	36		sovereign immunity from suit, liability, or judgment that would
30	37		otherwise apply to the district.
31	38		Sec. 3975.0103. PURPOSE; DECLARATION OF INTENT. (a) The
32	39		creation of the district is essential to accomplish the purposes of
33	40		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
34	41		Texas Constitution, and other public purposes stated in this
35	42		chapter.
36	43		(b) By creating the district, the legislature has
37	44		established a program to accomplish the public purposes set out in
38	45		Sections 52 and 52-a, Article III, Texas Constitution.
39	46		(c) The creation of the district is necessary to promote,
40	47		develop, encourage, and maintain employment, commerce,
41	48		transportation, housing, tourism, recreation, the arts,
42	49		entertainment, economic development, safety, and the public
43	50		welfare in the district.
44	51		(d) This chapter and the creation of the district may not be
45	52		interpreted to relieve the county or a municipality from providing
46	53		the level of services provided as of the effective date of the Act
47	54		enacting this chapter to the area in the district. The district is
48	55		created to supplement and not to supplant county or municipal
49	56		services provided in the district.
50	57		Sec. 3975.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
51	58		(a) All land and other property included in the district will
52	59		benefit from the improvements and services to be provided by the
53	60		district under powers conferred by Sections 52 and 52-a, Article
54	61		III, and Section 59, Article XVI, Texas Constitution, and other
55	62		powers granted under this chapter.
56	63		(b) The district is created to serve a public use and
57	64		benefit.
58	65		(c) The creation of the district is in the public interest
59	66		and is essential to further the public purposes of:
60	67		(1) developing and diversifying the economy of the
61	68		state;
62	69		(2) eliminating unemployment and underemployment; and
63	70		(3) developing or expanding transportation and
64	71		commerce.
65	72		(d) The district will:
66	73		(1) promote the health, safety, and general welfare of
67	74		residents, employers, potential employees, employees, visitors,
68	75		and consumers in the district, and of the public;
69	76		(2) provide needed funding for the district to
70	77		preserve, maintain, and enhance the economic health and vitality of
71	78		the district territory as a community and business center;
72	79		(3) promote the health, safety, welfare, and enjoyment
73	80		of the public by providing pedestrian ways, road facilities,
74	81		transit facilities, parking facilities, recreational facilities,
75	82		and public art objects and by landscaping and developing certain
76	83		areas in the district, which are necessary for the restoration,
77	84		preservation, and enhancement of scenic beauty; and
78	85		(4) provide for water, wastewater, and drainage
79	86		facilities for the district.
80	87		(e) Pedestrian ways along or across a street, whether at
81	88		grade or above or below the surface, and street lighting, street
82	89		landscaping, parking, and street art objects are parts of and
83	90		necessary components of a street and are considered to be a street
84	91		or road improvement.
85	92		(f) The district will not act as the agent or
86	93		instrumentality of any private interest even though the district
87	94		will benefit many private interests as well as the public.
88	95		Sec. 3975.0105. INITIAL DISTRICT TERRITORY. (a) The
89	96		district is initially composed of the territory described by
90	97		Section 2 of the Act enacting this chapter.
91	98		(b) The boundaries and field notes contained in Section 2 of
92	99		the Act enacting this chapter form a closure. A mistake in the
93	100		field notes or in copying the field notes in the legislative process
94	101		does not affect the district's:
95	102		(1) organization, existence, or validity;
96	103		(2) right to issue any type of bonds for the purposes
97	104		for which the district is created or to pay the principal of and
98	105		interest on the bonds;
99	106		(3) right to impose or collect an assessment or tax; or
100	107		(4) legality or operation.
101	108		Sec. 3975.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
102	109		All or any part of the area of the district is eligible to be
103	110		included in:
104	111		(1) a tax increment reinvestment zone created under
105	112		Chapter 311, Tax Code;
106	113		(2) a tax abatement reinvestment zone created under
107	114		Chapter 312, Tax Code;
108	115		(3) an enterprise zone created under Chapter 2303,
109	116		Government Code; or
110	117		(4) an industrial district created under Chapter 42,
111	118		Local Government Code.
112	119		Sec. 3975.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
113	120		DISTRICTS LAW. Except as otherwise provided by this chapter,
114	121		Chapter 375, Local Government Code, applies to the district.
115	122		Sec. 3975.0108. LIBERAL CONSTRUCTION OF CHAPTER. This
116	123		chapter shall be liberally construed in conformity with the
117	124		findings and purposes stated in this chapter.
118	125		Sec. 3975.0109. CONFLICTS OF LAW. This chapter prevails
119	126		over any provision of general law, including a provision of Chapter
120	127		375, Local Government Code, or Chapter 49, Water Code, that is in
121	128		conflict or inconsistent with this chapter.
122	129		SUBCHAPTER B. BOARD OF DIRECTORS
123	130		Sec. 3975.0201. GOVERNING BODY; TERMS. (a) The district
124	131		is governed by a board of five directors elected or appointed as
125	132		provided by this chapter and Subchapter D, Chapter 49, Water Code.
126	133		(b) Except as provided by Section 3975.0203, directors
127	134		serve staggered four-year terms.
128	135		Sec. 3975.0202. COMPENSATION. A director is entitled to
129	136		receive fees of office and reimbursement for actual expenses as
130	137		provided by Section 49.060, Water Code. Sections 375.069 and
131	138		375.070, Local Government Code, do not apply to the board.
132	139		Sec. 3975.0203. TEMPORARY DIRECTORS. (a) On or after the
133	140		effective date of the Act enacting this chapter, the owner or owners
134	141		of a majority of the assessed value of the real property in the
135	142		district according to the most recent certified tax appraisal roll
136	143		for the county may submit a petition to the commission requesting
137	144		that the commission appoint as temporary directors the five persons
138	145		named in the petition. The commission shall appoint as temporary
139	146		directors the five persons named in the petition.
140	147		(b) The temporary directors shall hold an election to elect
141	148		five permanent directors as provided by Section 49.102, Water Code.
142	149		(c) Temporary directors serve until the earlier of:
143	150		(1) the date permanent directors are elected under
144	151		Subsection (b); or
145	152		(2) the fourth anniversary of the effective date of
146	153		the Act enacting this chapter.
147	154		(d) If permanent directors have not been elected under
148	155		Subsection (b) and the terms of the temporary directors have
149	156		expired, successor temporary directors shall be appointed or
150	157		reappointed as provided by Subsection (e) to serve terms that
151	158		expire on the earlier of:
152	159		(1) the date permanent directors are elected under
153	160		Subsection (b); or
154	161		(2) the fourth anniversary of the date of the
155	162		appointment or reappointment.
156	163		(e) If Subsection (d) applies, the owner or owners of a
157	164		majority of the assessed value of the real property in the district
158	165		according to the most recent certified tax appraisal roll for the
159	166		county may submit a petition to the commission requesting that the
160	167		commission appoint as successor temporary directors the five
161	168		persons named in the petition. The commission shall appoint as
162	169		successor temporary directors the five persons named in the
163	170		petition.
164	171		Sec. 3975.0204. DISQUALIFICATION OF DIRECTORS. Section
165	172		49.052, Water Code, applies to the members of the board.
166	173		SUBCHAPTER C. POWERS AND DUTIES
167	174		Sec. 3975.0301. GENERAL POWERS AND DUTIES. The district
168	175		has the powers and duties necessary to accomplish the purposes for
169	176		which the district is created.
170	177		Sec. 3975.0302. IMPROVEMENT PROJECTS AND SERVICES.
171	178		(a) The district, using any money available to the district for
172	179		the purpose, may provide, design, construct, acquire, improve,
173	180		relocate, operate, maintain, or finance an improvement project or
174	181		service authorized under this chapter or Chapter 375, Local
175	182		Government Code.
176	183		(b) The district may contract with a governmental or private
177	184		entity to carry out an action under Subsection (a).
178	185		(c) The implementation of a district project or service is a
179	186		governmental function or service for the purposes of Chapter 791,
180	187		Government Code.
181	188		Sec. 3975.0303. RECREATIONAL FACILITIES. The district may
182	189		develop or finance recreational facilities as authorized by Chapter
183	190		375, Local Government Code, Sections 52 and 52-a, Article III,
184	191		Texas Constitution, Section 59, Article XVI, Texas Constitution,
185	192		and any other law that applies to the district.
186	193		Sec. 3975.0304. AUTHORITY FOR ROAD PROJECTS. Under Section
187	194		52, Article III, Texas Constitution, the district may own, operate,
188	195		maintain, design, acquire, construct, finance, issue bonds, notes,
189	196		or other obligations for, improve, and convey to this state, a
190	197		county, or a municipality for ownership, operation, and maintenance
191	198		macadamized, graveled, or paved roads or improvements, including
192	199		storm drainage, in aid of those roads.
193	200		Sec. 3975.0305. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
194	201		(a) The district may convey a road project authorized by Section
195	202		3975.0304 to:
196	203		(1) a municipality or county that will operate and
197	204		maintain the road if the municipality or county has approved the
198	205		plans and specifications of the road project; or
199	206		(2) the state if the state will operate and maintain
200	207		the road and the Texas Transportation Commission has approved the
201	208		plans and specifications of the road project.
202	209		(b) Except as provided by Subsection (c), the district shall
203	210		operate and maintain a road project authorized by Section 3975.0304
204	211		that the district implements and does not convey to a municipality,
205	212		a county, or this state under Subsection (a).
206	213		(c) The district may agree in writing with a municipality, a
207	214		county, or this state to assign operation and maintenance duties to
208	215		the district, the municipality, the county, or this state in a
209	216		manner other than the manner described in Subsections (a) and (b).
210	217		Sec. 3975.0306. NONPROFIT CORPORATION. (a) The board by
211	218		resolution may authorize the creation of a nonprofit corporation to
212	219		assist and act for the district in implementing a project or
213	220		providing a service authorized by this chapter.
214	221		(b) The nonprofit corporation:
215	222		(1) has each power of and is considered to be a local
216	223		government corporation created under Subchapter D, Chapter 431,
217	224		Transportation Code; and
218	225		(2) may implement any project and provide any service
219	226		authorized by this chapter.
220	227		(c) The board shall appoint the board of directors of the
221	228		nonprofit corporation. The board of directors of the nonprofit
222	229		corporation shall serve in the same manner as the board of directors
223	230		of a local government corporation created under Subchapter D,
224	231		Chapter 431, Transportation Code, except that a board member is not
225	232		required to reside in the district.
226	233		Sec. 3975.0307. LAW ENFORCEMENT SERVICES. Section 49.216,
227	234		Water Code, applies to the district.
228	235		Sec. 3975.0308. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
229	236		The district may join and pay dues to a charitable or nonprofit
230	237		organization that performs a service or provides an activity
231	238		consistent with the furtherance of a district purpose.
232	239		Sec. 3975.0309. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
233	240		district may engage in activities that accomplish the economic
234	241		development purposes of the district.
235	242		(b) The district may establish and provide for the
236	243		administration of one or more programs to promote state or local
237	244		economic development and to stimulate business and commercial
238	245		activity in the district, including programs to:
239	246		(1) make loans and grants of public money; and
240	247		(2) provide district personnel and services.
241	248		(c) The district may create economic development programs
242	249		and exercise the economic development powers that:
243	250		(1) Chapter 380, Local Government Code, provides to a
244	251		municipality; and
245	252		(2) Subchapter A, Chapter 1509, Government Code,
246	253		provides to a municipality.
247	254		Sec. 3975.0310. STRATEGIC PARTNERSHIP AGREEMENT. The
248	255		district may negotiate and enter into a written strategic
249	256		partnership agreement with a municipality under Section 43.0751,
250	257		Local Government Code.
251	258		Sec. 3975.0311. REGIONAL PARTICIPATION AGREEMENT. The
252	259		district may negotiate and enter into a written regional
253	260		participation agreement with a municipality under Section 43.0754,
254	261		Local Government Code.
255	262		Sec. 3975.0312. PARKING FACILITIES. (a) The district may
256	263		acquire, lease as lessor or lessee, construct, develop, own,
257	264		operate, and maintain parking facilities or a system of parking
258	265		facilities, including lots, garages, parking terminals, or other
259	266		structures or accommodations for parking motor vehicles off the
260	267		streets and related appurtenances.
261	268		(b) The district's parking facilities serve the public
262	269		purposes of the district and are owned, used, and held for a public
263	270		purpose even if leased or operated by a private entity for a term of
264	271		years.
265	272		(c) The district's parking facilities are parts of and
266	273		necessary components of a street and are considered to be a street
267	274		or road improvement.
268	275		(d) The development and operation of the district's parking
269	276		facilities may be considered an economic development program.
270	277		Sec. 3975.0313. ADDING OR EXCLUDING LAND. (a) The
271	278		district may add land as provided by Subchapter J, Chapter 49, Water
272	279		Code.
273	280		(b) The district may exclude land as provided by Subchapter
274	281		J, Chapter 49, Water Code. Section 375.044(b), Local Government
275	282		Code, does not apply to the district.
276	283		(c) The district may include and exclude land as provided by
277	284		Sections 54.739-54.747, Water Code. A reference in those sections
278	285		to a "tax" means an ad valorem tax for the purposes of this
279	286		subsection.
280	287		(d) If the district adopts a sales and use tax authorized at
281	288		an election held under Section 3975.0602 and subsequently includes
282	289		new territory in the district under this section, the district:
283	290		(1) is not required to hold another election to
284	291		approve the imposition of the sales and use tax in the included
285	292		territory; and
286	293		(2) shall impose the sales and use tax in the included
287	294		territory as provided by Chapter 321, Tax Code.
288	295		(e) If the district adopts a sales and use tax authorized at
289	296		an election held under Section 3975.0602 and subsequently excludes
290	297		territory in the district under this section, the sales and use tax
291	298		is inapplicable to the excluded territory, as provided by Chapter
292	299		321, Tax Code, but is applicable to the territory remaining in the
293	300		district.
294	301		Sec. 3975.0314. DISBURSEMENTS AND TRANSFERS OF MONEY. The
295	302		board by resolution shall establish the number of directors'
296	303		signatures and the procedure required for a disbursement or
297	304		transfer of district money.
298	305		Sec. 3975.0315. AUDIT EXEMPTION. (a) The district may
299	306		elect to complete an annual financial report in lieu of an annual
300	307		audit under Section 375.096(a)(6), Local Government Code, if:
301	308		(1) the district had no bonds or other long-term (more
302	309		than one year) liabilities outstanding during the fiscal period;
303	310		(2) the district did not have gross receipts from
304	311		operations, loans, taxes, assessments, or contributions in excess
305	312		of $250,000 during the fiscal period; and
306	313		(3) the district's cash and temporary investments were
307	314		not in excess of $250,000 during the fiscal period.
308	315		(b) Each annual financial report prepared in accordance
309	316		with this section must be open to public inspection and accompanied
310	317		by an affidavit signed by a duly authorized representative of the
311	318		district attesting to the accuracy and authenticity of the
312	319		financial report.
313	320		(c) The annual financial report and affidavit shall be
314	321		substantially similar in form to the annual financial report and
315	322		affidavit forms prescribed by the executive director of the
316	323		commission under Section 49.198, Water Code.
317	324		Sec. 3975.0316. NO EMINENT DOMAIN POWER. The district may
318	325		not exercise the power of eminent domain.
319	326		SUBCHAPTER D. ASSESSMENTS
320	327		Sec. 3975.0401. PETITION REQUIRED FOR FINANCING SERVICES
321	328		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance
322	329		a service or improvement project with assessments under this
323	330		chapter unless a written petition requesting that service or
324	331		improvement has been filed with the board.
325	332		(b) A petition filed under Subsection (a) must be signed by
326	333		the owners of a majority of the assessed value of real property in
327	334		the district subject to assessment according to the most recent
328	335		certified tax appraisal roll for the county.
329	336		Sec. 3975.0402. METHOD OF NOTICE FOR HEARING. The district
330	337		may mail the notice required by Section 375.115(c), Local
331	338		Government Code, by certified or first class United States mail.
332	339		The board shall determine the method of notice.
333	340		Sec. 3975.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS.
334	341		(a) The board by resolution may impose and collect an assessment
335	342		for any purpose authorized by this chapter in all or any part of the
336	343		district.
337	344		(b) An assessment, a reassessment, or an assessment
338	345		resulting from an addition to or correction of the assessment roll
339	346		by the district, penalties and interest on an assessment or
340	347		reassessment, an expense of collection, and reasonable attorney's
341	348		fees incurred by the district:
342	349		(1) are a first and prior lien against the property
343	350		assessed;
344	351		(2) are superior to any other lien or claim other than
345	352		a lien or claim for county, school district, or municipal ad valorem
346	353		taxes; and
347	354		(3) are the personal liability of and a charge against
348	355		the owners of the property even if the owners are not named in the
349	356		assessment proceedings.
350	357		(c) The lien is effective from the date of the board's
351	358		resolution imposing the assessment until the date the assessment is
352	359		paid. The board may enforce the lien in the same manner that the
353	360		board may enforce an ad valorem tax lien against real property.
354	361		(d) The board may make a correction to or deletion from the
355	362		assessment roll that does not increase the amount of assessment of
356	363		any parcel of land without providing notice and holding a hearing in
357	364		the manner required for additional assessments.
358	365		SUBCHAPTER E. TAXES AND BONDS
359	366		Sec. 3975.0501. TAX ELECTION REQUIRED. The district must
360	367		hold an election in the manner provided by Chapter 49, Water Code,
361	368		or, if applicable, Chapter 375, Local Government Code, to obtain
362	369		voter approval before the district may impose an ad valorem tax.
363	370		Sec. 3975.0502. OPERATION AND MAINTENANCE TAX. (a) If
364	371		authorized by a majority of the district voters voting at an
365	372		election under Section 3975.0501, the district may impose an
366	373		operation and maintenance tax on taxable property in the district
367	374		in the manner provided by Section 49.107, Water Code, for any
368	375		district purpose, including to:
369	376		(1) maintain and operate the district;
370	377		(2) construct or acquire improvements; or
371	378		(3) provide a service.
372	379		(b) The board shall determine the operation and maintenance
373	380		tax rate. The rate may not exceed the rate approved at the
374	381		election.
375	382		(c) Section 49.107(h), Water Code, does not apply to the
376	383		district.
377	384		Sec. 3975.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
378	385		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
379	386		terms determined by the board.
380	387		(b) The district, by competitive bid or negotiated sale, may
381	388		issue bonds, notes, or other obligations payable wholly or partly
382	389		from ad valorem taxes, assessments, impact fees, revenue, contract
383	390		payments, grants, or other district money, or any combination of
384	391		those sources of money, to pay for any authorized district purpose.
385	392		(c) The limitation on the outstanding principal amount of
386	393		bonds, notes, or other obligations provided by Section 49.4645,
387	394		Water Code, does not apply to the district.
388	395		Sec. 3975.0504. BONDS SECURED BY REVENUE OR CONTRACT
389	396		PAYMENTS. The district may issue, without an election, bonds
390	397		secured by:
391	398		(1) revenue other than ad valorem taxes, including
392	399		contract revenues; or
393	400		(2) contract payments, provided that the requirements
394	401		of Section 49.108, Water Code, have been met.
395	402		Sec. 3975.0505. BONDS SECURED BY AD VALOREM TAXES;
396	403		ELECTIONS. (a) If authorized at an election under Section
397	404		3975.0501, the district may issue bonds payable from ad valorem
398	405		taxes.
399	406		(b) Section 375.243, Local Government Code, does not apply
400	407		to the district.
401	408		(c) At the time the district issues bonds payable wholly or
402	409		partly from ad valorem taxes, the board shall provide for the annual
403	410		imposition of a continuing direct annual ad valorem tax, without
404	411		limit as to rate or amount, for each year that all or part of the
405	412		bonds are outstanding as required and in the manner provided by
406	413		Sections 54.601 and 54.602, Water Code.
407	414		(d) All or any part of any facilities or improvements that
408	415		may be acquired by a district by the issuance of its bonds may be
409	416		submitted as a single proposition or as several propositions to be
410	417		voted on at the election.
411	418		Sec. 3975.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
412	419		board may not issue bonds until each municipality in whose
413	420		corporate limits or extraterritorial jurisdiction the district is
414	421		located has consented by ordinance or resolution to the creation of
415	422		the district and to the inclusion of land in the district.
416	423		(b) This section applies only to the district's first
417	424		issuance of bonds payable from ad valorem taxes.
418	425		SUBCHAPTER F. SALES AND USE TAX
419	426		Sec. 3975.0601. APPLICABILITY OF CERTAIN TAX CODE
420	427		PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
421	428		computation, administration, enforcement, and collection of the
422	429		sales and use tax authorized by this subchapter except to the extent
423	430		Chapter 321, Tax Code, is inconsistent with this chapter.
424	431		(b) A reference in Chapter 321, Tax Code, to a municipality
425	432		or the governing body of a municipality is a reference to the
426	433		district or the board, respectively.
427	434		Sec. 3975.0602. ELECTION; ADOPTION OF TAX. (a) The
428	435		district may adopt a sales and use tax if authorized by a majority
429	436		of the voters of the district voting at an election held for that
430	437		purpose.
431	438		(b) The board by order may call an election to authorize the
432	439		adoption of the sales and use tax. The election may be held on any
433	440		uniform election date and in conjunction with any other district
434	441		election.
435	442		(c) The ballot shall be printed to provide for voting for or
436	443		against the proposition: "Authorization of a sales and use tax in
437	444		the Richfield Ranch Management District of Harris County, Texas, at
438	445		a rate not to exceed ____ percent" (insert rate of one or more
439	446		increments of one-eighth of one percent).
440	447		Sec. 3975.0603. SALES AND USE TAX RATE. (a) On or after
441	448		the date the results are declared of an election held under Section
442	449		3975.0602, at which the voters approved imposition of the tax
443	450		authorized by this subchapter, the board shall determine and adopt
444	451		by resolution or order the initial rate of the tax, which must be in
445	452		one or more increments of one-eighth of one percent.
446	453		(b) After the election held under Section 3975.0602, the
447	454		board may increase or decrease the rate of the tax by one or more
448	455		increments of one-eighth of one percent.
449	456		(c) The initial rate of the tax or any rate resulting from
450	457		subsequent increases or decreases may not exceed the lesser of:
451	458		(1) the maximum rate authorized by the district voters
452	459		at the election held under Section 3975.0602; or
453	460		(2) a rate that, when added to the rates of all sales
454	461		and use taxes imposed by other political subdivisions with
455	462		territory in the district, would result in the maximum combined
456	463		rate prescribed by Section 321.101(f), Tax Code, at any location in
457	464		the district.
458	465		Sec. 3975.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
459	466		section applies to the district after a municipality annexes part
460	467		of the territory in the district and imposes the municipality's
461	468		sales and use tax in the annexed territory.
462	469		(b) If at the time of annexation the district has
463	470		outstanding debt or other obligations payable wholly or partly from
464	471		district sales and use tax revenue, Section 321.102(g), Tax Code,
465	472		applies to the district.
466	473		(c) If at the time of annexation the district does not have
467	474		outstanding debt or other obligations payable wholly or partly from
468	475		district sales and use tax revenue, the district may:
469	476		(1) exclude the annexed territory from the district,
470	477		if the district has no outstanding debt or other obligations
471	478		payable from any source; or
472	479		(2) reduce the sales and use tax in the annexed
473	480		territory by resolution or order of the board to a rate that, when
474	481		added to the sales and use tax rate imposed by the municipality in
475	482		the annexed territory, is equal to the sales and use tax rate
476	483		imposed by the district in the district territory that was not
477	484		annexed by the municipality.
478	485		Sec. 3975.0605. NOTIFICATION OF RATE CHANGE. The board
479	486		shall notify the comptroller of any changes made to the tax rate
480	487		under this subchapter in the same manner the municipal secretary
481	488		provides notice to the comptroller under Section 321.405(b), Tax
482	489		Code.
483	490		Sec. 3975.0606. USE OF REVENUE. Revenue from the sales and
484	491		use tax imposed under this subchapter is for the use and benefit of
485	492		the district and may be used for any district purpose. The district
486	493		may pledge all or part of the revenue to the payment of bonds,
487	494		notes, or other obligations, and that pledge of revenue may be in
488	495		combination with other revenue, including tax revenue, available to
489	496		the district.
490	497		Sec. 3975.0607. ABOLITION OF TAX. (a) Except as provided
491	498		by Subsection (b), the board may abolish the tax imposed under this
492	499		subchapter without an election.
493	500		(b) The board may not abolish the tax imposed under this
494	501		subchapter if the district has outstanding debt secured by the tax,
495	502		and repayment of the debt would be impaired by the abolition of the
496	503		tax.
497	504		(c) If the board abolishes the tax, the board shall notify
498	505		the comptroller of that action in the same manner the municipal
499	506		secretary provides notice to the comptroller under Section
500	507		321.405(b), Tax Code.
501	508		(d) If the board abolishes the tax or decreases the tax rate
502	509		to zero, a new election to authorize a sales and use tax must be held
503	510		under Section 3975.0602 before the district may subsequently impose
504	511		the tax.
505	512		(e) This section does not apply to a decrease in the sales
506	513		and use tax authorized under Section 3975.0604(c)(2).
507	514		SUBCHAPTER I. DISSOLUTION
508	515		Sec. 3975.0901. DISSOLUTION. (a) The board shall dissolve
509	516		the district on written petition filed with the board by the owners
510	517		of:
511	518		(1) 66 percent or more of the assessed value of the
512	519		property subject to assessment by the district based on the most
513	520		recent certified county property tax rolls; or
514	521		(2) 66 percent or more of the surface area of the
515	522		district, excluding roads, streets, highways, utility
516	523		rights-of-way, other public areas, and other property exempt from
517	524		assessment by the district according to the most recent certified
518	525		county property tax rolls.
519	526		(b) The board by majority vote may dissolve the district at
520	527		any time.
521	528		(c) The district may not be dissolved by its board under
522	529		Subsection (a) or (b) if the district:
523	530		(1) has any outstanding bonded indebtedness until that
524	531		bonded indebtedness has been repaid or defeased in accordance with
525	532		the order or resolution authorizing the issuance of the bonds;
526	533		(2) has a contractual obligation to pay money until
527	534		that obligation has been fully paid in accordance with the
528	535		contract; or
529	536		(3) owns, operates, or maintains public works,
530	537		facilities, or improvements unless the district contracts with
531	538		another person for the ownership, operation, or maintenance of the
532	539		public works, facilities, or improvements.
533	540		(d) Sections 375.261, 375.262, and 375.264, Local
534	541		Government Code, do not apply to the district.
535	542		SECTION 2. The Richfield Ranch Management District of
536	543		Harris County, Texas, initially includes all the territory
537	544		contained in the following area:
538	545		Being a 296.69 acre tract of land located within the John W.
539	546		Baker Survey, A-116, the Edward Goodsir Survey, A-285, and the
540	547		H.T.&B.R.R. Co. Survey, A-402, all in Harris County, Texas; said
541	548		296.69 acre tract being a part of a call 2523.670 acre tract of land
542	549		recorded in Clerk's File Number U036618 of the Official Public
543	550		Records of Real Property of Harris County (O.P.R.R.P.H.C); said
544	551		296.69 acre tract being more particularly described by metes and
545	552		bounds as follows (all bearings are referenced to the south line of
546	553		said 2523.670 acre tract):
547	554		Beginning at a 3/4-inch iron rod found at an interior corner
548	555		of said 2523.670 acre tract and the northeast corner of a call 3.220
549	556		acre tract of land recorded in Volume 6368, Page 357 of the Harris
550	557		County Deed Records (H.C.D.R.), and being on the south Right-of-Way
551	558		(R.O.W.) line of the Union Pacific Railroad (100 feet wide)
552	559		recorded in Volume 964, Page 88 of the H.C.D.R.;
553	560		1. Thence with common line of said 2523.670 acre tract and
554	561		said Union Pacific Railroad, South 68 degrees 09 minutes 04 seconds
555	562		East, a distance of 3,468.29 feet to the west R.O.W. line of State
556	563		Highway 99 (Grand Parkway) recorded in Clerk's File Number
557	564		20120310531 of the O.P.R.R.P.H.C.;
558	565		Thence, with said west R.O.W. line, the following thirteen
559	566		(13) courses
560	567		2. South 03 degrees 24 minutes 19 seconds East, a distance
561	568		of 389.11 feet;
562	569		3. South 14 degrees 45 minutes 04 seconds East, a distance
563	570		of 620.00 feet;
564	571		4. South 02 degrees 04 minutes 37 seconds East, a distance
565	572		of 182.04 feet;
566	573		5. 843.74 feet along the arc of a curve to the right, said
567	574		curve having a central angle of 04 degrees 17 minutes 37 seconds, a
568	575		radius of 11,259.16 feet and a chord that bears South 00 degrees 04
569	576		minutes 11 seconds West, a distance of 843.54 feet;
570	577		6. South 02 degrees 12 minutes 59 seconds West, a distance
571	578		of 74.10 feet;
572	579		7. South 47 degrees 12 minutes 59 seconds West, a distance
573	580		of 49.50 feet;
574	581		8. South 02 degrees 12 minutes 59 seconds West, a distance
575	582		of 100.00 feet;
576	583		9. South 42 degrees 47 minutes 01 seconds East, a distance
577	584		of 49.50 feet;
578	585		10. South 02 degrees 12 minutes 59 seconds West, a distance
579	586		of 1,486.42 feet;
580	587		11. 1,398.54 feet along the arc of a curve to the left, said
581	588		curve having a central angle of 03 degrees 27 minutes 58 seconds, a
582	589		radius of 23,118.32 feet and a chord that bears South 00 degrees 29
583	590		minutes 00 seconds West, a distance of 1,398.33 feet;
584	591		12. South 01 degrees 14 minutes 59 seconds East, a distance
585	592		of 1,972.40 feet;
586	593		13. South 43 degrees 22 minutes 43 seconds West, a distance
587	594		of 71.17 feet;
588	595		14. South 01 degrees 14 minutes 59 seconds East, a distance
589	596		of 70.13 feet to the common line of aforesaid 2523.670 acre tract
590	597		and a call 1158.2 acre tract recorded in Volume 3131, Page 393 of
591	598		the H.C.D.R.;
592	599		15. Thence, with said common line, South 88 degrees 00
593	600		minutes 19 seconds West, a distance of 1,250.11 feet;
594	601		Thence, through said 2523.670 acre tract, the following five
595	602		(5) courses:
596	603		16. North 01 degrees 14 minutes 59 seconds West, a distance
597	604		of 2,109.44 feet;
598	605		17. 1,477.19 feet along the arc of a curve to the right, said
599	606		curve having a central angle of 03 degrees 27 minutes 58 seconds, a
600	607		radius of 24,418.32 feet and a chord that bears North 00 degrees 29
601	608		minutes 00 seconds East, a distance of 1,476.96 feet;
602	609		18. North 02 degrees 12 minutes 59 seconds East, a distance
603	610		of 1,730.52 feet;
604	611		19. 1,014.11 feet along the arc of a curve to the left, said
605	612		curve having a central angle of 05 degrees 50 minutes 03 seconds, a
606	613		radius of 9,959.16 feet and a chord that bears North 00 degrees 42
607	614		minutes 03 seconds West, a distance of 1,013.67 feet;
608	615		20. North 68 degrees 09 minutes 04 seconds West, a distance
609	616		of 2,829.49 feet to the common line of said 2523.670 acre tract and
610	617		a call 523.376 acre tract of land recorded in Clerk's File Number
611	618		H793053 of the O.P.R.R.H.C.;
612	619		21. Thence, with said common line, North 02 degrees 09
613	620		minutes 14 seconds West, a distance of 157.88 feet;
614	621		22. Thence, through said 2523.670 acre tract, North 27
615	622		degrees 35 minutes 08 seconds East, at a distance of 306.42 feet
616	623		passing an interior corner of said 2523.670 acre tract and the south
617	624		corner of aforesaid 3.220 acre tract, in all, a total distance of
618	625		1161.59 feet to the Point of Beginning and containing 296.69 acres
619	626		of land.
620	627		SECTION 3. (a) The legal notice of the intention to
621	628		introduce this Act, setting forth the general substance of this
622	629		Act, has been published as provided by law, and the notice and a
623	630		copy of this Act have been furnished to all persons, agencies,
624	631		officials, or entities to which they are required to be furnished
625	632		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
626	633		Government Code.
627	634		(b) The governor, one of the required recipients, has
628	635		submitted the notice and Act to the Texas Commission on
629	636		Environmental Quality.
630	637		(c) The Texas Commission on Environmental Quality has filed
631	638		its recommendations relating to this Act with the governor,
632	639		lieutenant governor, and speaker of the house of representatives
633	640		within the required time.
634	641		(d) All requirements of the constitution and laws of this
635	642		state and the rules and procedures of the legislature with respect
636	643		to the notice, introduction, and passage of this Act have been
637	644		fulfilled and accomplished.
638	645		SECTION 4. This Act takes effect immediately if it receives
639	646		a vote of two-thirds of all the members elected to each house, as
640	647		provided by Section 39, Article III, Texas Constitution. If this
641	648		Act does not receive the vote necessary for immediate effect, this
642	649		Act takes effect September 1, 2019.
	650	+	* * * * *