Texas 2019 - 86th Regular

Texas Senate Bill SB390 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 390
	1	+	86R28861 JXC-F
	2	+	By: Miles S.B. No. 390
	3	+	(Dutton)
	4	+	Substitute the following for S.B. No. 390: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the creation of the Northeast Houston Redevelopment
6	10		District; providing authority to issue bonds; providing authority
7		-	to impose assessments or ~~fees~~.
	11	+	to impose assessments, fees, or taxes.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	14		Code, is amended by adding Chapter 3961 to read as follows:
11	15		CHAPTER 3961. NORTHEAST HOUSTON REDEVELOPMENT DISTRICT
12	16		SUBCHAPTER A. GENERAL PROVISIONS
13	17		Sec. 3961.0101. DEFINITIONS. In this chapter:
14	18		(1) "Board" means the district's board of directors.
15	19		(2) "City" means the City of Houston.
16	20		(3) "County" means Harris County.
17	21		(4) "Director" means a board member.
18	22		(5) "District" means the Northeast Houston
19	23		Redevelopment District.
20	24		Sec. 3961.0102. CREATION AND NATURE OF DISTRICT. The
21	25		district is a special district created under Section 59, Article
22	26		XVI, Texas Constitution.
23	27		Sec. 3961.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
24	28		creation of the district is essential to accomplish the purposes of
25	29		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
26	30		Texas Constitution, and other public purposes stated in this
27	31		chapter. By creating the district and in authorizing political
28	32		subdivisions to contract with the district, the legislature has
29	33		established a program to accomplish the public purposes set out in
30	34		Section 52-a, Article III, Texas Constitution.
31	35		(b) The creation of the district is necessary to promote,
32	36		develop, encourage, and maintain employment, commerce,
33	37		transportation, housing, tourism, recreation, the arts,
34	38		entertainment, economic development, safety, and the public
35	39		welfare in the district.
36	40		(c) The district is created to supplement and not to
37	41		supplant county services provided in the district.
38	42		Sec. 3961.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
39	43		(a) The district is created to serve a public use and benefit.
40	44		(b) All land and other property included in the district
41	45		will benefit from the improvements and services to be provided by
42	46		the district under powers conferred by Sections 52 and 52-a,
43	47		Article III, and Section 59, Article XVI, Texas Constitution, and
44	48		other powers granted under this chapter.
45	49		(c) The creation of the district is in the public interest
46	50		and is essential to further the public purposes of:
47	51		(1) developing and diversifying the economy of the
48	52		state;
49	53		(2) eliminating unemployment and underemployment;
50	54		(3) developing or expanding transportation and
51	55		commerce; and
52	56		(4) providing quality residential housing.
53	57		(d) The district will:
54	58		(1) promote the health, safety, and general welfare of
55	59		residents, employers, potential employees, employees, visitors,
56	60		and consumers in the district, and of the public;
57	61		(2) provide needed funding for the district to
58	62		preserve, maintain, and enhance the economic health and vitality of
59	63		the district territory as a residential community and business
60	64		center; and
61	65		(3) promote the health, safety, welfare, and enjoyment
62	66		of the public by providing pedestrian ways and by landscaping,
63	67		removing graffiti from, and developing certain areas in the
64	68		district, which are necessary for the restoration, preservation,
65	69		and enhancement of scenic beauty.
66	70		(e) Pedestrian ways along or across a street, whether at
67	71		grade or above or below the surface, and street lighting, street
68	72		landscaping, vehicle parking, and street art objects are parts of
69	73		and necessary components of a street and are considered to be an
70	74		improvement project that includes a street or road improvement.
71	75		(f) The district will not act as the agent or
72	76		instrumentality of any private interest even though the district
73	77		will benefit many private interests as well as the public.
74	78		Sec. 3961.0105. DISTRICT TERRITORY. (a) The district is
75	79		initially composed of the territory described by Section 2 of the
76	80		Act enacting this chapter.
77	81		(b) The boundaries and field notes contained in Section 2 of
78	82		the Act enacting this chapter form a closure. A mistake in the
79	83		field notes or in copying the field notes in the legislative process
80	84		does not affect the district's:
81	85		(1) organization, existence, or validity;
82	86		(2) right to issue any type of bond for the purposes
83	87		for which the district is created or to pay the principal of and
84	88		interest on a bond;
85		-	(3) right to impose or collect an assessment; or
	89	+	(3) right to impose or collect an assessment or tax; or
86	90		(4) legality or operation.
87	91		Sec. 3961.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
88	92		All or any part of the area of the district is eligible to be
89	93		included in:
90	94		(1) a tax increment reinvestment zone created under
91	95		Chapter 311, Tax Code;
92	96		(2) a tax abatement reinvestment zone created under
93	97		Chapter 312, Tax Code; or
94	98		(3) an enterprise zone created under Chapter 2303,
95	99		Government Code.
96	100		Sec. 3961.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
97	101		DISTRICTS LAW. Except as otherwise provided by this chapter,
98	102		Chapter 375, Local Government Code, applies to the district.
99	103		Sec. 3961.0108. CONSTRUCTION OF CHAPTER. This chapter
100	104		shall be liberally construed in conformity with the findings and
101	105		purposes stated in this chapter.
102		-	Sec. 3961.0109. CONFIRMATION ELECTION. (a) Before
103		-	issuing any bonds or other obligations, imposing any assessments,
104		-	or recommending persons for appointment as succeeding directors,
105		-	the initial directors shall hold an election in the boundaries of
106		-	the district on a uniform election date provided by Section 41.001,
107		-	Election Code, to determine if the district shall be created.
108		-	(b) Notice of a confirmation election shall state the day
109		-	and place or places for holding the election and the propositions to
110		-	be voted on.
111		-	(c) The ballots for a confirmation election shall be printed
112		-	to provide for voting "For District" and "Against District."
113		-	(d) Immediately after the confirmation election, the
114		-	presiding judge shall take returns of the results to the initial
115		-	board. The initial board shall canvass the returns and issue an
116		-	order declaring the results at the earliest practicable time. The
117		-	order must include a description of the district's boundaries.
118		-	(e) If a majority of the votes cast in the election favor the
119		-	creation of the district, the initial board shall issue an order
120		-	declaring that the district is created and enter the result in its
121		-	minutes. If a majority of the votes cast in the election are
122		-	against the creation of the district, the initial board shall issue
123		-	an order declaring that the district was defeated and enter the
124		-	result in its minutes.
125		-	(f) A copy of each order issued under this section must be
126		-	filed:
127		-	(1) in the deed records of the county or counties in
128		-	which the district is located; and
129		-	(2) with the Texas Commission on Environmental
130		-	Quality.
131	106		SUBCHAPTER B. BOARD OF DIRECTORS
132	107		Sec. 3961.0201. GOVERNING BODY; TERMS. (a) The district
133	108		is governed by a board of 13 voting directors who must be qualified
134	109		under and appointed by the governing body of the city as provided by
135	110		Subchapter D, Chapter 375, Local Government Code.
136	111		(b) The directors serve staggered terms of four years with
137	112		six or seven directors' terms expiring June 1 of each odd-numbered
138	113		year.
139	114		Sec. 3961.0202. DIRECTOR'S OATH OR AFFIRMATION. (a) A
140	115		director shall file the director's oath or affirmation of office
141	116		with the district, and the district shall retain the oath or
142	117		affirmation in the district records.
143	118		(b) A director shall file a copy of the director's oath or
144	119		affirmation with the clerk of the county.
145	120		Sec. 3961.0203. QUORUM. A vacant director position is not
146	121		counted for purposes of establishing a quorum.
147	122		Sec. 3961.0204. OFFICERS. The board shall elect from among
148	123		the directors a chair, a vice chair, and a secretary. The offices
149	124		of chair and secretary may not be held by the same person.
150	125		Sec. 3961.0205. COMPENSATION; EXPENSES. (a) The district
151	126		may compensate each director in an amount not to exceed $50 for each
152	127		board meeting. The total amount of compensation a director may
153	128		receive each year may not exceed $2,000.
154	129		(b) A director is entitled to reimbursement for necessary
155	130		and reasonable expenses incurred in carrying out the duties and
156	131		responsibilities of the board.
157	132		Sec. 3961.0206. LIABILITY INSURANCE. The district may
158	133		obtain and pay for comprehensive general liability insurance
159	134		coverage from a commercial insurance company or other source that
160	135		protects and insures a director against personal liability and from
161	136		all claims relating to:
162	137		(1) actions taken by the director in the director's
163	138		capacity as a member of the board;
164	139		(2) actions and activities taken by the district; or
165	140		(3) the actions of others acting on behalf of the
166	141		district.
167	142		Sec. 3961.0207. NO EXECUTIVE COMMITTEE. The board may not
168	143		create an executive committee to exercise the powers of the board.
169	144		Sec. 3961.0208. BOARD MEETINGS. The board shall hold
170	145		meetings at a place accessible to the public.
171	146		Sec. 3961.0209. INITIAL DIRECTORS. (a) The initial board
172	147		consists of the following directors:
173	148		Pos. No. Name of Director Pos. No. Name of Director
174	149		Pos. No. Name of Director
175	150		1 Zano Bailey 1 Zano Bailey
176	151		1 Zano Bailey
177	152		2 Ken Campbell 2 Ken Campbell
178	153		2 Ken Campbell
179	154		3 Gregory Collins 3 Gregory Collins
180	155		3 Gregory Collins
181	156		4 Derrick Davis 4 Derrick Davis
182	157		4 Derrick Davis
183	158		5 Carol Galloway 5 Carol Galloway
184	159		5 Carol Galloway
185	160		6 Kathy Gunther 6 Kathy Gunther
186	161		6 Kathy Gunther
187	162		7 Stan Hilliard 7 Stan Hilliard
188	163		7 Stan Hilliard
189	164		8 Kimberly Lee 8 Kimberly Lee
190	165		8 Kimberly Lee
191	166		9 Michael Neely 9 Michael Neely
192	167		9 Michael Neely
193	168		10 Allen Provost 10 Allen Provost
194	169		10 Allen Provost
195	170		11 Rich Robertson 11 Rich Robertson
196	171		11 Rich Robertson
197	172		12 Maryland Whittaker 12 Maryland Whittaker
198	173		12 Maryland Whittaker
199	174		13 Faye Willis 13 Faye Willis
200	175		13 Faye Willis
201	176		(b) Of the initial directors, the terms of directors
202	177		appointed for positions 1 through 6 expire June 1, 2021, and the
203	178		terms of directors appointed for positions 7 through 13 expire June
204	179		1, 2023.
205	180		(c) Section 375.063, Local Government Code, does not apply
206	181		to the initial directors named by Subsection (a).
207	182		(d) This section expires September 1, 2023.
208	183		SUBCHAPTER C. POWERS AND DUTIES
209	184		Sec. 3961.0301. GENERAL POWERS AND DUTIES. The district
210	185		has the powers and duties necessary to accomplish the purposes for
211	186		which the district is created.
212	187		Sec. 3961.0302. IMPROVEMENT PROJECTS AND SERVICES. The
213	188		district may provide, design, construct, acquire, improve,
214	189		relocate, operate, maintain, or finance an improvement project or
215	190		service using money available to the district, or contract with a
216	191		governmental or private entity to provide, design, construct,
217	192		acquire, improve, relocate, operate, maintain, or finance an
218	193		improvement project or service authorized under this chapter or
219	194		Chapter 375, Local Government Code.
220	195		Sec. 3961.0303. LOCATION OF IMPROVEMENT PROJECT. An
221	196		improvement project described by Section 3961.0302 may be located:
222	197		(1) in the district; or
223	198		(2) in an area outside but adjacent to the district if
224	199		the project is for the purpose of extending a public infrastructure
225	200		improvement beyond the district's boundaries to a logical terminus.
226		-	Sec. 3961.0304. NONPROFIT CORPORATION. (a) The board by
	201	+	Sec. 3961.0304. DEVELOPMENT CORPORATION POWERS. The
	202	+	district, using money available to the district, may exercise the
	203	+	powers given to a development corporation under Chapter 505, Local
	204	+	Government Code, including the power to own, operate, acquire,
	205	+	construct, lease, improve, or maintain a project under that
	206	+	chapter.
	207	+	Sec. 3961.0305. NONPROFIT CORPORATION. (a) The board by
227	208		resolution may authorize the creation of a nonprofit corporation to
228	209		assist and act for the district in implementing a project or
229	210		providing a service authorized by this chapter.
230	211		(b) The nonprofit corporation:
231	212		(1) has each power of and is considered to be a local
232	213		government corporation created under Subchapter D, Chapter 431,
233	214		Transportation Code; and
234	215		(2) may implement any project and provide any service
235	216		authorized by this chapter.
236	217		(c) The board shall appoint the board of directors of the
237	218		nonprofit corporation. The board of directors of the nonprofit
238	219		corporation shall serve in the same manner as the board of directors
239	220		of a local government corporation created under Subchapter D,
240	221		Chapter 431, Transportation Code, except that a board member is not
241	222		required to reside in the district.
242		-	Sec. 3961.~~0305~~. AGREEMENTS; GRANTS. (a) As provided by
	223	+	Sec. 3961.0306. AGREEMENTS; GRANTS. (a) As provided by
243	224		Chapter 375, Local Government Code, the district may make an
244	225		agreement with or accept a gift, grant, or loan from any person.
245	226		(b) The implementation of a project is a governmental
246	227		function or service for the purposes of Chapter 791, Government
247	228		Code.
248		-	Sec. 3961.~~0306~~. LAW ENFORCEMENT SERVICES. To protect the
	229	+	Sec. 3961.0307. LAW ENFORCEMENT SERVICES. To protect the
249	230		public interest, the district may contract with a qualified party,
250	231		including the county, to provide law enforcement services in the
251	232		district for a fee.
252		-	Sec. 3961.~~0307~~. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
	233	+	Sec. 3961.0308. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
253	234		The district may join and pay dues to a charitable or nonprofit
254	235		organization that performs a service or provides an activity
255	236		consistent with the furtherance of a district purpose.
256		-	Sec. 3961.~~0308~~. ECONOMIC DEVELOPMENT. (a) The district
	237	+	Sec. 3961.0309. ECONOMIC DEVELOPMENT. (a) The district
257	238		may engage in activities that accomplish the economic development
258	239		purposes of the district.
259	240		(b) The district may establish and provide for the
260	241		administration of one or more programs to promote state or local
261	242		economic development and to stimulate business and commercial
262	243		activity in the district, including programs to:
263	244		(1) make loans and grants of public money; and
264	245		(2) provide district personnel and services.
265	246		(c) The district may create economic development programs
266	247		and exercise the economic development powers that:
267	248		(1) Chapter 380, Local Government Code, provides to a
268	249		municipality; and
269	250		(2) Subchapter A, Chapter 1509, Government Code,
270	251		provides to a municipality.
271		-	Sec. 3961.~~0309~~. CONCURRENCE ON ADDITIONAL POWERS. If the
	252	+	Sec. 3961.0310. CONCURRENCE ON ADDITIONAL POWERS. If the
272	253		territory of the district is located in the corporate boundaries or
273	254		the extraterritorial jurisdiction of a municipality, the district
274	255		may not exercise a power granted to the district after the date the
275	256		district was created unless the governing body of the municipality
276	257		by resolution consents to the district's exercise of the power.
277		-	Sec. 3961.0310. NO AD VALOREM TAX. The district may not
278		-	impose an ad valorem tax.
279	258		Sec. 3961.0311. NO EMINENT DOMAIN POWER. The district may
280	259		not exercise the power of eminent domain.
281	260		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
282	261		Sec. 3961.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
283	262		board by resolution shall establish the number of signatures and
284	263		the procedure required for a disbursement or transfer of the
285	264		district's money.
286	265		Sec. 3961.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
287	266		The district may acquire, construct, finance, operate, or maintain
288	267		an improvement project or service authorized under this chapter or
289	268		Chapter 375, Local Government Code, using any money available to
290	269		the district.
291	270		Sec. 3961.0403. GENERAL POWERS REGARDING PAYMENT OF
292	271		DISTRICT BONDS, OBLIGATIONS, OR OTHER COSTS. The district may
293	272		provide or secure the payment or repayment of any bond, note, or
294	273		other temporary or permanent obligation or reimbursement or other
295	274		contract with any person and the costs and expenses of the
296	275		establishment, administration, and operation of the district and
297	276		the district's costs or share of the costs or revenue of an
298	277		improvement project or district contractual obligation or
299	278		indebtedness by:
300		-	(1) the imposition of an assessment, user fee,
301		-	concession fee, or rental charge; or
	279	+	(1) the imposition of an ad valorem tax or sales and
	280	+	use tax or an assessment, user fee, concession fee, or rental
	281	+	charge; or
302	282		(2) any other revenue or resources of the district.
303		-	Sec. 3961.0404. BONDS AND OTHER OBLIGATIONS. (a) The
304		-	district may issue, by public or private sale, bonds, notes, or
305		-	other obligations payable wholly or partly from assessments in the
306		-	manner provided by Subchapter A, Chapter 372, or Subchapter J,
307		-	Chapter 375, Local Government Code.
308		-	(b) In exercising the district's borrowing power, the
309		-	district may issue a bond or other obligation in the form of a bond,
310		-	note, certificate of participation or other instrument evidencing a
311		-	proportionate interest in payments to be made by the district, or
312		-	other type of obligation.
313		-	(c) In addition to the sources of money described by
314		-	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
315		-	Government Code, district bonds may be secured and made payable
316		-	wholly or partly by a pledge of any part of the money the
317		-	district receives from improvement revenue or from any other
318		-	source.
319		-	Sec. 3961.0405. BOND MATURITY. Bonds may mature not more
320		-	than 40 years from their date of issue.
321		-	Sec. 3961.0406. COSTS FOR IMPROVEMENT PROJECTS. The
	283	+	Sec. 3961.0404. COSTS FOR IMPROVEMENT PROJECTS. The
322	284		district may undertake separately or jointly with other persons,
323	285		including the city or the county, all or part of the cost of an
324	286		improvement project, including an improvement project:
325	287		(1) for improving, enhancing, and supporting public
326	288		safety and security, fire protection and emergency medical
327	289		services, and law enforcement in or adjacent to the district; or
328	290		(2) that confers a general benefit on the entire
329	291		district or a special benefit on a definable part of the district.
330		-	Sec. 3961.0407. PROPERTY EXEMPT FROM IMPACT FEES. The
	292	+	Sec. 3961.0405. TAX AND ASSESSMENT ABATEMENTS. The
	293	+	district may designate reinvestment zones and may grant abatements
	294	+	of a tax or assessment on property in the zones.
	295	+	Sec. 3961.0406. PROPERTY EXEMPT FROM IMPACT FEES. The
331	296		district may not impose an impact fee on a residential property,
332	297		including a multiunit residential property, or a condominium.
333		-	Sec. 3961.~~0408~~. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
	298	+	Sec. 3961.0407. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
334	299		ASSESSMENTS AND FEES. The district may not impose an assessment,
335	300		impact fee, or standby fee on the property, including the
336	301		equipment, rights-of-way, easements, facilities, or improvements,
337	302		of:
338	303		(1) an electric utility or a power generation company
339	304		as defined by Section 31.002, Utilities Code;
340	305		(2) a gas utility, as defined by Section 101.003 or
341	306		121.001, Utilities Code, or a person who owns pipelines used for the
342	307		transportation or sale of oil or gas or a product or constituent of
343	308		oil or gas;
344	309		(3) a person who owns pipelines used for the
345	310		transportation or sale of carbon dioxide;
346	311		(4) a telecommunications provider as defined by
347	312		Section 51.002, Utilities Code; or
348	313		(5) a cable service provider or video service provider
349	314		as defined by Section 66.002, Utilities Code.
350	315		SUBCHAPTER E. ASSESSMENTS
351	316		Sec. 3961.0501. PETITION REQUIRED FOR FINANCING SERVICES
352	317		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance
353	318		a service or improvement project with assessments under this
354	319		chapter unless a written petition requesting that service or
355	320		improvement has been filed with the board.
356	321		(b) The petition must be signed by the owners of at least 50
357	322		percent of the property in the district subject to assessment
358	323		according to the most recent certified tax appraisal roll for the
359	324		county.
360	325		Sec. 3961.0502. ASSESSMENTS; LIENS FOR ASSESSMENTS.
361	326		(a) The board by resolution may impose and collect an assessment
362	327		for any purpose authorized by this chapter in all or any part of the
363	328		district that is not a residential property, including a multiunit
364	329		residential property or a condominium.
365	330		(b) An assessment, a reassessment, or an assessment
366	331		resulting from an addition to or correction of the assessment roll
367	332		by the district, penalties and interest on an assessment or
368	333		reassessment, an expense of collection, and reasonable attorney's
369	334		fees incurred by the district:
370	335		(1) are a first and prior lien against the property
371	336		assessed;
372	337		(2) are superior to any other lien or claim other than
373	338		a lien or claim for county, school district, or municipal ad valorem
374	339		taxes; and
375	340		(3) are the personal liability of and a charge against
376	341		the owners of the property even if the owners are not named in the
377	342		assessment proceedings.
378	343		(c) The lien is effective from the date of the board's
379	344		resolution imposing the assessment until the date the assessment is
380		-	paid. The board may enforce the lien in the same manner that a
381		-	taxing unit, as that term is defined by Section 1.04, Tax Code, may
382		-	enforce an ad valorem tax lien against real property.
	345	+	paid. The board may enforce the lien in the same manner that the
	346	+	board may enforce an ad valorem tax lien against real property.
383	347		(d) The board may make a correction to or deletion from the
384	348		assessment roll that does not increase the amount of assessment of
385	349		any parcel of land without providing notice and holding a hearing in
386	350		the manner required for additional assessments.
387	351		Sec. 3961.0503. METHOD OF NOTICE FOR HEARING. The district
388	352		may mail the notice required by Section 375.115(c), Local
389		-	Government Code, by certified or first class United States mail. The board shall determine the method of notice.
390		-	SUBCHAPTER I. DISSOLUTION
391		-	Sec. 3961.0901. DISSOLUTION BY ORDINANCE. (a) A
	353	+	Government Code, by certified or first class United States mail.
	354	+	The board shall determine the method of notice.
	355	+	SUBCHAPTER F. TAXES AND BONDS
	356	+	Sec. 3961.0601. TAX ABATEMENT. The district may enter into
	357	+	a tax abatement agreement in accordance with the general laws of
	358	+	this state authorizing and applicable to a tax abatement agreement
	359	+	by a municipality.
	360	+	Sec. 3961.0602. PROPERTY TAX AUTHORIZED. (a) The district
	361	+	may impose an ad valorem tax on all taxable property in the district
	362	+	to:
	363	+	(1) pay for an improvement project of the types
	364	+	authorized by Section 52(b), Article III, and Section 59, Article
	365	+	XVI, Texas Constitution; or
	366	+	(2) secure the payment of bonds issued for a purpose
	367	+	described by Subdivision (1).
	368	+	(b) The district may not impose an ad valorem tax to pay for
	369	+	an improvement project under this chapter unless:
	370	+	(1) a written petition has been filed with the board
	371	+	requesting an election to approve the imposition of the tax signed
	372	+	by the owners of at least 50 percent of the property in the district
	373	+	subject to assessment according to the most recent certified county
	374	+	property tax rolls; and
	375	+	(2) the imposition of the tax is approved by the voters
	376	+	of the district voting at the requested election.
	377	+	(c) The district may not impose an ad valorem tax on a
	378	+	residential property, including a multiunit residential property
	379	+	or a condominium.
	380	+	Sec. 3961.0603. SALES AND USE TAX. (a) The district may
	381	+	impose a sales and use tax if authorized by a majority of the voters
	382	+	of the district voting at an election called for that purpose.
	383	+	Revenue from the tax may be used for any purpose for which ad
	384	+	valorem tax revenue of the district may be used.
	385	+	(b) The district may not adopt a sales and use tax if as a
	386	+	result of the adoption of the tax the combined rate of all sales and
	387	+	use taxes imposed by the district and other political subdivisions
	388	+	of this state having territory in the district would exceed two
	389	+	percent at any location in the district.
	390	+	(c) If the voters of the district approve the adoption of
	391	+	the tax at an election held on the same election date on which
	392	+	another political subdivision adopts a sales and use tax or
	393	+	approves an increase in the rate of its sales and use tax and as a
	394	+	result the combined rate of all sales and use taxes imposed by the
	395	+	district and other political subdivisions of this state having
	396	+	territory in the district would exceed two percent at any location
	397	+	in the district, the election to adopt a sales and use tax under
	398	+	this chapter has no effect.
	399	+	Sec. 3961.0604. BONDS AND OTHER OBLIGATIONS. (a) The
	400	+	district may issue, by public or private sale, bonds, notes, or
	401	+	other obligations payable wholly or partly from ad valorem taxes,
	402	+	sales and use taxes, or assessments in the manner provided by
	403	+	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
	404	+	Government Code.
	405	+	(b) In exercising the district's borrowing power, the
	406	+	district may issue a bond or other obligation in the form of a bond,
	407	+	note, certificate of participation or other instrument evidencing a
	408	+	proportionate interest in payments to be made by the district, or
	409	+	other type of obligation.
	410	+	(c) In addition to the sources of money described by
	411	+	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
	412	+	Government Code, district bonds may be secured and made payable
	413	+	wholly or partly by a pledge of any part of the money the
	414	+	district receives from improvement revenue or from any other
	415	+	source.
	416	+	Sec. 3961.0605. BOND MATURITY. Bonds may mature not more
	417	+	than 40 years from their date of issue.
	418	+	Sec. 3961.0606. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
	419	+	the time bonds or other obligations payable wholly or partly from ad
	420	+	valorem taxes are issued:
	421	+	(1) the board shall impose a continuing direct annual
	422	+	ad valorem tax for each year that all or part of the bonds are
	423	+	outstanding; and
	424	+	(2) the district annually shall impose an ad valorem
	425	+	tax on all taxable property in the district in an amount sufficient
	426	+	to:
	427	+	(A) pay the interest on the bonds or other
	428	+	obligations as the interest becomes due; and
	429	+	(B) create a sinking fund for the payment of the
	430	+	principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date.
	431	+	SUBCHAPTER G. DISSOLUTION
	432	+	Sec. 3961.0701. DISSOLUTION BY ORDINANCE. (a) A
392	433		municipality that includes territory of the district, in the
393	434		corporate boundaries or extraterritorial jurisdiction of the
394	435		municipality, by ordinance may dissolve the district.
395	436		(b) The municipality may not dissolve the district until the
396		-	district's outstanding debt or contractual obligations have been
397		-	repaid or discharged, or the municipality has affirmatively assumed
398		-	the obligation to pay the outstanding debt from municipal revenue.
399		-	(c) Section 375.263, Local Government Code, does not apply
400		-	to the district.
401		-	Sec. 3961.0902. COLLECTION OF ASSESSMENTS AND OTHER
	437	+	district's outstanding debt or contractual obligations that are
	438	+	payable from ad valorem taxes have been repaid or discharged, or the
	439	+	municipality has affirmatively assumed the obligation to pay the
	440	+	outstanding debt from municipal revenue.
	441	+	Sec. 3961.0702. COLLECTION OF ASSESSMENTS AND OTHER
402	442		REVENUE. (a) If the dissolved district has bonds or other
403	443		obligations outstanding secured by and payable from assessments or
404		-	other revenue, the municipality that dissolves the district shall
405		-	succeed to the rights and obligations of the district regarding
406		-	enforcement and collection of the assessments or other revenue.
	444	+	other revenue, other than ad valorem taxes, the municipality that
	445	+	dissolves the district shall succeed to the rights and obligations
	446	+	of the district regarding enforcement and collection of the
	447	+	assessments or other revenue.
407	448		(b) The municipality shall have and exercise all district
408	449		powers to enforce and collect the assessments or other revenue to
409	450		pay:
410	451		(1) the bonds or other obligations when due and
411	452		payable according to their terms; or
412	453		(2) special revenue or assessment bonds or other
413	454		obligations issued by the municipality to refund the outstanding
414	455		bonds or obligations.
415		-	Sec. 3961.~~0903~~. ASSUMPTION OF ASSETS AND LIABILITIES.
	456	+	Sec. 3961.0703. ASSUMPTION OF ASSETS AND LIABILITIES.
416	457		(a) If a municipality dissolves the district, the municipality
417	458		assumes, subject to the appropriation and availability of funds,
418	459		the obligations of the district, including any bonds or other debt
419	460		payable from assessments or other district revenue.
420	461		(b) If a municipality dissolves the district, the board
421	462		shall transfer ownership of all district property to the
422	463		municipality.
423		-	Sec. 3961.0904. DISSOLUTION BY PETITION. (a) Except as
424		-	limited by Section 375.264, Local Government Code, the board shall
425		-	dissolve the district on written petition filed with the board by
426		-	the owners of:
427		-	(1) 66 percent or more of the assessed value of the
428		-	property subject to assessment by the district based on the most
429		-	recent certified county property tax rolls; or
430		-	(2) 66 percent or more of the surface area of the
431		-	district, excluding roads, streets, highways, utility
432		-	rights-of-way, other public areas, and other property exempt from
433		-	assessment by the district according to the most recent certified
434		-	county property tax rolls.
435		-	(b) Section 375.262, Local Government Code, does not apply
436		-	to the district.
437	464		SECTION 2. The Northeast Houston Redevelopment District
438	465		initially includes all the territory contained in the following
439	466		area:
440	467		The Northeast Houston Redevelopment District is +/- 12,905 acres of
441	468		land situated east of US Hwy 59 North and north of Liberty Road
442	469		within the Municipal Limits of the City of Houston and Harris
443	470		County, Texas, and described as follows:
444	471		Beginning at intersection of west right-of-way (ROW) of Lockwood Dr
445	472		and centerline ROW of North Loop Fwy E;
446	473		Then generally west along centerline ROW of North Loop Fwy E to
447	474		centerline ROW of US Hwy 59 North;
448	475		Then north along centerline ROW of US Hwy 59 North to centerline of
449	476		Southern Pacific Railway;
450	477		Then north northeast along centerline of Southern Pacific Railway
451	478		to centerline ROW of E Crosstimbers St;
452	479		Then east along centerline ROW of E Crosstimbers St to centerline
453	480		ROW of Hirsch Rd;
454	481		Then north and north northeast along centerline ROW of Hirsch Rd to
455	482		centerline ROW of Van Zandt St;
456	483		Then east along centerline ROW of Van Zandt St to centerline ROW of
457	484		Homestead Rd;
458	485		Then north along centerline ROW of Homestead Rd to centerline of
459	486		drainage ditch P125-00-00 (Tributary 14.27 to Greens Bayou);
460	487		Then east, south and east along centerline of drainage ditch
461	488		P125-00-00 (Tributary 14.27 to Greens Bayou) to southwest corner of
462	489		0.1525 acre lot (NORTHWOOD MANOR SEC 4 LT 1 BLK 43);
463	490		Then east and generally east southeast along south boundary of
464	491		NORTHWOOD MANOR SEC 4 LTS 1-9 BLK 43, LTS 1-11 BLK 54, and LTS 13-16
465	492		BLK 53, and NORTHWOOD MANOR SEC 8 LTS 55-63 BLK 1 and LTS 191-206 BLK
466	493		6 to southwest corner of 0.271 acre lot (NORTHWOOD MANOR SEC 8 LT
467	494		191 BLK 6);
468	495		Then east along south boundary of said 0.271 acre lot and NORTHWOOD
469	496		MANOR SEC 8 to centerline ROW of N Wayside Dr and boundary line of
470	497		City of Houston Municipal Limits;
471	498		Then south along centerline ROW of N Wayside Dr and boundary line of
472	499		City of Houston Municipal Limits to a point west of southwest corner
473	500		of 233.2922 acre tract (ABST 119 J E BUNDICK TR 2C);
474	501		Then east to east ROW line of N Wayside Dr and along south boundary
475	502		of said 233.2922 acre tract, and 195.79 acre tract (ABST 119 J E
476	503		BUNDICK TRS 2B & 2D), and boundary line of City of Houston Municipal
477	504		Limits, to west boundary of 32.0224 acre tract (ABST 600 E NOLAND ML
478	505		(BSL&W) HOU TO ANCH TR R60);
479	506		Then southwest along west boundary of said 32.0224 acre tract to
480	507		north ROW of Little York Rd;
481	508		Then east along north ROW of Little York Rd across 32.0224 acre
482	509		tract to east boundary of said tract;
483	510		Then northeast along east boundary of said 32.0224 acre tract to
484	511		boundary line of City of Houston Municipals Limits and southwest
485	512		corner of 6.8196 acre tract (ABST 119 J E BUNDICK TR 2E);
486	513		Then east along south boundary of said 6.8196 acre tract, and along
487	514		boundary line of City of Houston Municipals Limits, across ROW of
488	515		Mesa Dr, and along north boundary of 32.42 acre tract (TRAYLOR FIELD
489	516		SEC 1 RES A BLK 1), and 71.6700 acre tract (ABST 600 E NOLAND TR 39K)
490	517		to northeast corner of said 71.6700 acre tract;
491	518		Then south along east boundary of said 71.6700 acre tract and
492	519		boundary line of City of Houston Municipal Limits, and east
493	520		boundary of 192.9761 acre tract (ABST 600 E NOLAND TRS 39 & 39E),
494	521		and 31.03 acre tract (ABST 600 E NOLAND TR 39J), and 7.3476 acre
495	522		tract (ABST 600 E NOLAND TRS 39B & 39C), and 1.375 acre tract (ABST
496	523		600 E NOLAND TRS 21A & 22A), and 6.435 acre tract (OAKLAND ACRES TR A
497	524		(NM)), and 48.0056 acre tract (MESA DRIVE CROSSING RES A BLK 1) to
498	525		southeast corner of said 48.0056 acre tract;
499	526		Then west along south boundary of said 48.0056 acre tract to east
500	527		boundary of KENTSHIRE PLACE SEC 3 Subdivision;
501	528		Then south along east boundary of KENTSHIRE PLACE SEC 1-3
502	529		Subdivision to centerline ROW of Caddo St;
503	530		Then west along centerline ROW of Caddo St to centerline ROW of
504	531		Thorn St;
505	532		Then south along centerline ROW of Thorn St to centerline ROW of
506	533		Sterlingshire Rd;
507	534		Then west along centerline ROW of Sterlingshire Rd to centerline
508	535		ROW of Balsam Rd;
509	536		Then south along centerline ROW of Balsam Rd to centerline ROW of
510	537		Tidwell Rd;
511	538		Then west along centerline ROW of Tidwell Rd to centerline ROW of
512	539		Mesa Rd;
513	540		Then south along centerline ROW of Mesa Rd to north boundary of
514	541		Southern Pacific Rail Easement;
515	542		Then west southwest along north boundary of Southern Pacific Rail
516	543		Easement to a point south of west ROW line of Majestic St;
517	544		Then north along west ROW line of Majestic St to a point west of
518	545		southwest corner of 0.124 acre tract (LIBERTY GARDENS SEC 1 TR 181
519	546		BLK 10);
520	547		Then east across ROW of Majestic St and along south boundary of said
521	548		0.124 acre tract and south boundary of 0.5159 acre tract (LIBERTY
522	549		GARDENS SEC 1 TRS 181B THRU 185B BLK 10) to southeast corner of said
523	550		0.5159 acre tract and coincident west boundary of 9.9226 acre tract
524	551		(ABST 32 HARRIS & WILSON TR 1Y);
525	552		Then north along west boundary of said 9.9226 acre tract, and
526	553		7.46000 acre tract (ABST 32 HARRIS & WILSON TR 1), and 4.8780 acre
527	554		tract (ABST 32 HARRIS & WILSON TR 62C) to south boundary of 0.6359
528	555		acre tract (ABST 32 HARRIS & WILSON LT 207 & TRS 205 & 206 BLK 11 & TR
529	556		62);
530	557		Then west, north and west along boundary line of said 0.6359 acre
531	558		tract, across ROW of Majestic St to west ROW;
532	559		Then north along west ROW of Majestic St to a point west of
533	560		northwest corner of 0.7779 acre tract (LIBERTY GARDENS SEC 1 LTS 209 &
534	561		210 & TR 208 BLK 12);
535	562		Then east across ROW of Majestic St and along north boundary of said
536	563		0.779 acre tract to northeast corner of said tract and west ROW of
537	564		Blaffer St;
538	565		Then north along west ROW of Blaffer St to southeast corner of
539	566		18.0091 acre tract (CONSOLIDATED FREIGHTWAYS HOUSTON RES A BLK 1);
540	567		Then west along south boundary of said 18.0091 acre tract, and
541	568		11.5346 acre tract (ABST 32 HARRIS & WILSON TR 4) to west ROW of
542	569		Dabney St;
543	570		Then north along west ROW of Dabney St to northeast corner 0.1657
544	571		acre lot (STANNARD PLACE LT 25 BLK 1);
545	572		Then west along north boundary of said lot and STANNARD PLACE LTS
546	573		24-14 BLK 1 to northwest corner of 0.168 acre lot (STANNARD PLACE LT
547	574		14 BLK 1) and east ROW of Hoffman St;
548	575		Then south along east ROW of Hoffman St to south ROW of Minden St;
549	576		Then west along south ROW of Minden to west ROW of Lockwood Dr;
550	577		Then north along west ROW of Lockwood Dr to centerline of North Loop
551	578		Fwy E and beginning of +/- 12,905 acre tract.
552	579		Save and Except Harris County MUD 439.
553	580		Save and Except ABST 600 E NOLAND ML (BSL&W) HOU TO ANCH TR R60.
554	581		Save and Except +/- 26.688 acre tract situated southeast of
555	582		intersection of Feland St and Woodlyn Rd and consisting of Oaks of
556	583		Lakewood Village Section 1-2 with beginning point being east ROW
557	584		line of Feland St and northwest corner of 3.0045 acre tract (OAKS OF
558	585		LAKEWOOD VILLAGE SEC 1 (DETENTION) RES A);
559	586		Then east along north boundary of said 3.0045 acre tract, and OAKS
560	587		OF LAKEWOOD VILLAGE SEC 1 to northeast corner of 0.2361 acre lot
561	588		(OAKS OF LAKEWOOD VILLAGE SEC 1 LT 36 BLK 1);
562	589		Then south along east boundary of said 0.2361 acre lot, and OAKS OF
563	590		LAKEWOOD VILLAGE SEC 1-2 to southeast corner of 0.2849 acre lot
564	591		(OAKS OF LAKEWOOD VILLAGE SEC 2 LT 30 BLK 1);
565	592		Then generally west along south boundary of said 0.2849 acre lot,
566	593		and OAKS OF LAKEWOOD VILLAGE SEC 2 to southwest corner of 0.1779
567	594		acre lot (OAKS OF LAKEWOOD VILLAGE SEC 2 LT 46 BLK 1) and east ROW
568	595		line of Feland St;
569	596		Then north along east ROW line of Feland St to northwest corner of
570	597		3.0045 acre tract (OAKS OF LAKEWOOD VILLAGE SEC 1 (DETENTION) RES A)
571	598		and point of beginning of Save and Except +/- 26.688 acre tract.
572	599		Save and Except 1.8095 acre tract (TR 4C BLK 9 HOUSTON GARDENS);
573	600		Save and Except 2.585 acre tract (LT 5 BLK 9 HOUSTON GARDENS);
574	601		Save and Except 0.1612 acre tract (LT 104 BLK 10 TOWNLEY PLACE);
575	602		Save and Except 0.1612 acre tract (LT 107 BLK 10 TOWNLEY PLACE);
576	603		Save and Except 0.1612 acre tract (LT 108 BLK 10 TOWNLEY PLACE);
577	604		Save and Except 0.1612 acre tract (LT 109 BLK 10 TOWNLEY PLACE);
578	605		Save and Except 0.1612 acre tract (LT 110 BLK 10 TOWNLEY PLACE);
579	606		Save and Except 0.1612 acre tract (LT 121 BLK 10 TOWNLEY PLACE);
580	607		Save and Except 0.1612 acre tract (LT 122 BLK 10 TOWNLEY PLACE);
581	608		Save and Except 0.3223 acre tract (LTS 123 & 124 BLK 10 TOWNLEY
582	609		PLACE);
583	610		Save and Except 0.1612 acre tract (LT 125 BLK 10 TOWNLEY PLACE);
584	611		SECTION 3. (a) The legal notice of the intention to
585	612		introduce this Act, setting forth the general substance of this
586	613		Act, has been published as provided by law, and the notice and a
587	614		copy of this Act have been furnished to all persons, agencies,
588	615		officials, or entities to which they are required to be furnished
589	616		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
590	617		Government Code.
591	618		(b) The governor, one of the required recipients, has
592	619		submitted the notice and Act to the Texas Commission on
593	620		Environmental Quality.
594	621		(c) The Texas Commission on Environmental Quality has filed
595	622		its recommendations relating to this Act with the governor,
596	623		lieutenant governor, and speaker of the house of representatives
597	624		within the required time.
598	625		(d) All requirements of the constitution and laws of this
599	626		state and the rules and procedures of the legislature with respect
600	627		to the notice, introduction, and passage of this Act have been
601	628		fulfilled and accomplished.
602	629		SECTION 4. This Act takes effect immediately if it receives
603	630		a vote of two-thirds of all the members elected to each house, as
604	631		provided by Section 39, Article III, Texas Constitution. If this
605	632		Act does not receive the vote necessary for immediate effect, this
606	633		Act takes effect September 1, 2019.
607		-	______________________________ ______________________________
608		-	President of the Senate Speaker of the House
609		-	I hereby certify that S.B. No. 390 passed the Senate on
610		-	April 26, 2019, by the following vote: Yeas 27, Nays 3; and that
611		-	the Senate concurred in House amendments on May 26, 2019, by the
612		-	following vote: Yeas 30, Nays 1.
613		-	______________________________
614		-	Secretary of the Senate
615		-	I hereby certify that S.B. No. 390 passed the House, with
616		-	amendments, on May 22, 2019, by the following vote: Yeas 118,
617		-	Nays 26, two present not voting.
618		-	______________________________
619		-	Chief Clerk of the House
620		-	Approved:
621		-	______________________________
622		-	Date
623		-	______________________________
624		-	Governor
625	634
626	635		Pos. No. Name of Director
627	636
628	637		1 Zano Bailey
629	638
630	639		2 Ken Campbell
631	640
632	641		3 Gregory Collins
633	642
634	643		4 Derrick Davis
635	644
636	645		5 Carol Galloway
637	646
638	647		6 Kathy Gunther
639	648
640	649		7 Stan Hilliard
641	650
642	651		8 Kimberly Lee
643	652
644	653		9 Michael Neely
645	654
646	655		10 Allen Provost
647	656
648	657		11 Rich Robertson
649	658
650	659		12 Maryland Whittaker
651	660
652	661		13 Faye Willis