87R14048 MCF-F
By: Thompson of Brazoria H.B. No. 4597
A BILL TO BE ENTITLED
AN ACT
relating to validating certain acts and proceedings of the East
Lake Houston Management District and to the authority of the
district to exercise certain powers, issue bonds, and impose fees,
taxes, and assessments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 3936, Special District
Local Laws Code, is amended by adding Section 3936.113 to read as
follows:
Sec. 3936.113. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
SECTION 2. Subchapter D, Chapter 3936, Special District
Local Laws Code, is amended by adding Section 3936.162 to read as
follows:
Sec. 3936.162. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
Section 375.161, Local Government Code, does not apply to the
district.
SECTION 3. Section 3936.204, Special District Local Laws
Code, is amended by adding Subsection (d) to read as follows:
(d) The district may issue, by public or private sale,
bonds, notes, or other obligations payable wholly or partly from
assessments in the manner provided by Subchapter A, Chapter 372,
Local Government Code, if the improvements financed by an
obligation issued under this section will be conveyed to, operated
and maintained by, or otherwise financed pursuant to an agreement
between the district and the county, a municipality, or a retail
utility provider entered into before the issuance of the
obligation.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 5. (a) The following are validated and confirmed in
all respects:
(1) the creation of the East Lake Houston Management
District; and
(2) any act or proceeding of the district, including
an election, not excepted by this section and taken not more than
three years before the effective date of this Act, effective as of
the date on which the act or proceeding occurred.
(b) This section does not apply to:
(1) an act, proceeding, director, other official,
bond, or other obligation the validity of which or of whom is the
subject of litigation that is pending on the effective date of this
Act; or
(2) an act or proceeding that, under a statute of this
state or the United States, was a misdemeanor or felony at the time
the act or proceeding occurred.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.