Texas 2023 - 88th Regular

Texas House Bill HB5351 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R15440 MCF-F
2	2	By: Bailes H.B. No. 5351
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Liberty County Management District
7	7	No. 2; providing authority to issue bonds; providing authority to
8	8	impose assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 4, Special District Local Laws
11	11	Code, is amended by adding Chapter 4002 to read as follows:
12	12	CHAPTER 4002. LIBERTY COUNTY MANAGEMENT DISTRICT NO. 2
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 4002.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "City" means the City of Cleveland, Texas.
17	17	(3) "County" means Liberty County.
18	18	(4) "Director" means a board member.
19	19	(5) "District" means the Liberty County Management
20	20	District No. 2.
21	21	Sec. 4002.0102. NATURE OF DISTRICT. The Liberty County
22	22	Management District No. 2 is a special district created under
23	23	Section 59, Article XVI, Texas Constitution.
24	24	Sec. 4002.0103. PURPOSE; DECLARATION OF INTENT. (a) The
25	25	creation of the district is essential to accomplish the purposes of
26	26	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	27	Texas Constitution, and other public purposes stated in this
28	28	chapter.
29	29	(b) By creating the district and in authorizing the county,
30	30	the city, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(c) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	(d) This chapter and the creation of the district may not be
40	40	interpreted to relieve the county or the city from providing the
41	41	level of services provided as of the effective date of the Act
42	42	enacting this chapter to the area in the district. The district is
43	43	created to supplement and not to supplant county or city services
44	44	provided in the district.
45	45	Sec. 4002.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
46	46	(a) All land and other property included in the district will
47	47	benefit from the improvements and services to be provided by the
48	48	district under powers conferred by Sections 52 and 52-a, Article
49	49	III, and Section 59, Article XVI, Texas Constitution, and other
50	50	powers granted under this chapter.
51	51	(b) The district is created to serve a public use and
52	52	benefit.
53	53	(c) The creation of the district is in the public interest
54	54	and is essential to further the public purposes of:
55	55	(1) developing and diversifying the economy of the
56	56	state;
57	57	(2) eliminating unemployment and underemployment; and
58	58	(3) developing or expanding transportation and
59	59	commerce.
60	60	(d) The district will:
61	61	(1) promote the health, safety, and general welfare of
62	62	residents, employers, potential employees, employees, visitors,
63	63	and consumers in the district, and of the public;
64	64	(2) provide needed funding for the district to
65	65	preserve, maintain, and enhance the economic health and vitality of
66	66	the district territory as a community and business center;
67	67	(3) promote the health, safety, welfare, and enjoyment
68	68	of the public by providing pedestrian ways and by landscaping and
69	69	developing certain areas in the district, which are necessary for
70	70	the restoration, preservation, and enhancement of scenic beauty;
71	71	and
72	72	(4) provide for water, wastewater, drainage, road, and
73	73	recreational facilities for the district.
74	74	(e) Pedestrian ways along or across a street, whether at
75	75	grade or above or below the surface, and street lighting, street
76	76	landscaping, parking, and street art objects are parts of and
77	77	necessary components of a street and are considered to be a street
78	78	or road improvement.
79	79	(f) The district will not act as the agent or
80	80	instrumentality of any private interest even though the district
81	81	will benefit many private interests as well as the public.
82	82	Sec. 4002.0105. INITIAL DISTRICT TERRITORY. (a) The
83	83	district is initially composed of the territory described by
84	84	Section 2 of the Act enacting this chapter.
85	85	(b) The boundaries and field notes contained in Section 2 of
86	86	the Act enacting this chapter form a closure. A mistake in the
87	87	field notes or in copying the field notes in the legislative process
88	88	does not affect the district's:
89	89	(1) organization, existence, or validity;
90	90	(2) right to issue any type of bonds for the purposes
91	91	for which the district is created or to pay the principal of and
92	92	interest on the bonds;
93	93	(3) right to impose or collect an assessment or tax; or
94	94	(4) legality or operation.
95	95	Sec. 4002.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
96	96	All or any part of the area of the district is eligible to be
97	97	included in:
98	98	(1) a tax increment reinvestment zone created under
99	99	Chapter 311, Tax Code; or
100	100	(2) a tax abatement reinvestment zone created under
101	101	Chapter 312, Tax Code.
102	102	Sec. 4002.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
103	103	DISTRICTS LAW. Except as otherwise provided by this chapter,
104	104	Chapter 375, Local Government Code, applies to the district.
105	105	Sec. 4002.0108. CONSTRUCTION OF CHAPTER. This chapter
106	106	shall be liberally construed in conformity with the findings and
107	107	purposes stated in this chapter.
108	108	SUBCHAPTER B. BOARD OF DIRECTORS
109	109	Sec. 4002.0201. GOVERNING BODY; TERMS. (a) The district is
110	110	governed by a board of five directors elected or appointed as
111	111	provided by this chapter and Subchapter D, Chapter 49, Water Code.
112	112	(b) Except as provided by Section 4002.0203, directors
113	113	serve staggered four-year terms.
114	114	Sec. 4002.0202. COMPENSATION. A director is entitled to
115	115	receive fees of office and reimbursement for actual expenses as
116	116	provided by Section 49.060, Water Code. Sections 375.069 and
117	117	375.070, Local Government Code, do not apply to the board.
118	118	Sec. 4002.0203. TEMPORARY DIRECTORS. (a) On or after the
119	119	effective date of the Act creating this chapter, the owner or owners
120	120	of a majority of the assessed value of the real property in the
121	121	district according to the most recent certified tax appraisal roll
122	122	for the county may submit a petition to the Texas Commission on
123	123	Environmental Quality requesting that the commission appoint as
124	124	temporary directors the five persons named in the petition. The
125	125	commission shall appoint as temporary directors the five persons
126	126	named in the petition.
127	127	(b) The temporary or successor temporary directors shall
128	128	hold an election to elect five permanent directors as provided by
129	129	Section 49.102, Water Code.
130	130	(c) Temporary directors serve until the earlier of:
131	131	(1) the date permanent directors are elected under
132	132	Subsection (b); or
133	133	(2) the fourth anniversary of the effective date of
134	134	the Act creating this chapter.
135	135	(d) If permanent directors have not been elected under
136	136	Subsection (b) and the terms of the temporary directors have
137	137	expired, successor temporary directors shall be appointed or
138	138	reappointed as provided by Subsection (e) to serve terms that
139	139	expire on the earlier of:
140	140	(1) the date permanent directors are elected under
141	141	Subsection (b); or
142	142	(2) the fourth anniversary of the date of the
143	143	appointment or reappointment.
144	144	(e) If Subsection (d) applies, the owner or owners of a
145	145	majority of the assessed value of the real property in the district
146	146	according to the most recent certified tax appraisal roll for the
147	147	county may submit a petition to the Texas Commission on
148	148	Environmental Quality requesting that the commission appoint as
149	149	successor temporary directors the five persons named in the
150	150	petition. The commission shall appoint as successor temporary
151	151	directors the five persons named in the petition.
152	152	SUBCHAPTER C. POWERS AND DUTIES
153	153	Sec. 4002.0301. GENERAL POWERS AND DUTIES. The district
154	154	has the powers and duties necessary to accomplish the purposes for
155	155	which the district is created.
156	156	Sec. 4002.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
157	157	district, using any money available to the district for the
158	158	purpose, may provide, design, construct, acquire, improve,
159	159	relocate, operate, maintain, or finance an improvement project or
160	160	service authorized under this chapter or Chapter 375, Local
161	161	Government Code.
162	162	(b) The district may contract with a governmental or private
163	163	entity to carry out an action under Subsection (a).
164	164	(c) The implementation of a district project or service is a
165	165	governmental function or service for the purposes of Chapter 791,
166	166	Government Code.
167	167	Sec. 4002.0303. LAW ENFORCEMENT SERVICES. To protect the
168	168	public interest, the district may contract with a qualified party,
169	169	including the county or the city, to provide law enforcement
170	170	services in the district for a fee.
171	171	Sec. 4002.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
172	172	The district may join and pay dues to a charitable or nonprofit
173	173	organization that performs a service or provides an activity
174	174	consistent with the furtherance of a district purpose.
175	175	Sec. 4002.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
176	176	district may engage in activities that accomplish the economic
177	177	development purposes of the district.
178	178	(b) The district may establish and provide for the
179	179	administration of one or more programs to promote state or local
180	180	economic development and to stimulate business and commercial
181	181	activity in the district, including programs to:
182	182	(1) make loans and grants of public money; and
183	183	(2) provide district personnel and services.
184	184	(c) The district may create economic development programs
185	185	and exercise the economic development powers provided to
186	186	municipalities by:
187	187	(1) Chapter 380, Local Government Code; and
188	188	(2) Subchapter A, Chapter 1509, Government Code.
189	189	Sec. 4002.0306. PARKING FACILITIES. (a) The district may
190	190	acquire, lease as lessor or lessee, construct, develop, own,
191	191	operate, and maintain parking facilities or a system of parking
192	192	facilities, including lots, garages, parking terminals, or other
193	193	structures or accommodations for parking motor vehicles off the
194	194	streets and related appurtenances.
195	195	(b) The district's parking facilities serve the public
196	196	purposes of the district and are owned, used, and held for a public
197	197	purpose even if leased or operated by a private entity for a term of
198	198	years.
199	199	(c) The district's parking facilities are parts of and
200	200	necessary components of a street and are considered to be a street
201	201	or road improvement.
202	202	(d) The development and operation of the district's parking
203	203	facilities may be considered an economic development program.
204	204	Sec. 4002.0307. ADDING OR EXCLUDING LAND. The district may
205	205	add or exclude land in the manner provided by Subchapter J, Chapter
206	206	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
207	207	Sec. 4002.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
208	208	board by resolution shall establish the number of directors'
209	209	signatures and the procedure required for a disbursement or
210	210	transfer of district money.
211	211	Sec. 4002.0309. NO EMINENT DOMAIN POWER. The district may
212	212	not exercise the power of eminent domain.
213	213	SUBCHAPTER D. ASSESSMENTS
214	214	Sec. 4002.0401. PETITION REQUIRED FOR FINANCING SERVICES
215	215	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
216	216	service or improvement project with assessments under this chapter
217	217	unless a written petition requesting that service or improvement
218	218	has been filed with the board.
219	219	(b) A petition filed under Subsection (a) must be signed by
220	220	the owners of a majority of the assessed value of real property in
221	221	the district subject to assessment according to the most recent
222	222	certified tax appraisal roll for the county.
223	223	Sec. 4002.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
224	224	The board by resolution may impose and collect an assessment for any
225	225	purpose authorized by this chapter in all or any part of the
226	226	district.
227	227	(b) An assessment, a reassessment, or an assessment
228	228	resulting from an addition to or correction of the assessment roll
229	229	by the district, penalties and interest on an assessment or
230	230	reassessment, an expense of collection, and reasonable attorney's
231	231	fees incurred by the district:
232	232	(1) are a first and prior lien against the property
233	233	assessed;
234	234	(2) are superior to any other lien or claim other than
235	235	a lien or claim for county, school district, or municipal ad valorem
236	236	taxes; and
237	237	(3) are the personal liability of and a charge against
238	238	the owners of the property even if the owners are not named in the
239	239	assessment proceedings.
240	240	(c) The lien is effective from the date of the board's
241	241	resolution imposing the assessment until the date the assessment is
242	242	paid. The board may enforce the lien in the same manner that the
243	243	board may enforce an ad valorem tax lien against real property.
244	244	(d) The board may make a correction to or deletion from the
245	245	assessment roll that does not increase the amount of assessment of
246	246	any parcel of land without providing notice and holding a hearing in
247	247	the manner required for additional assessments.
248	248	SUBCHAPTER E. TAXES AND BONDS
249	249	Sec. 4002.0501. TAX ELECTION REQUIRED. (a) The district
250	250	must hold an election in the manner provided by Chapter 49, Water
251	251	Code, or, if applicable, Chapter 375, Local Government Code, to
252	252	obtain voter approval before the district may impose an ad valorem
253	253	tax.
254	254	(b) Section 375.243, Local Government Code, does not apply
255	255	to the district.
256	256	Sec. 4002.0502. OPERATION AND MAINTENANCE TAX. (a) If
257	257	authorized by a majority of the district voters voting at an
258	258	election under Section 4002.0501, the district may impose an
259	259	operation and maintenance tax on taxable property in the district
260	260	in the manner provided by Section 49.107, Water Code, for any
261	261	district purpose, including to:
262	262	(1) maintain and operate the district;
263	263	(2) construct or acquire improvements; or
264	264	(3) provide a service.
265	265	(b) The board shall determine the operation and maintenance
266	266	tax rate. The rate may not exceed the rate approved at the
267	267	election.
268	268	Sec. 4002.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
269	269	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
270	270	terms determined by the board.
271	271	(b) The district may issue bonds, notes, or other
272	272	obligations payable wholly or partly from ad valorem taxes,
273	273	assessments, impact fees, revenue, contract payments, grants, or
274	274	other district money, or any combination of those sources of money,
275	275	to pay for any authorized district purpose.
276	276	(c) The limitation on the outstanding principal amount of
277	277	bonds, notes, or other obligations provided by Section 49.4645,
278	278	Water Code, does not apply to the district.
279	279	Sec. 4002.0504. BONDS SECURED BY REVENUE OR CONTRACT
280	280	PAYMENTS. The district may issue, without an election, bonds
281	281	secured by:
282	282	(1) revenue other than ad valorem taxes, including
283	283	contract revenues; or
284	284	(2) contract payments, provided that the requirements
285	285	of Section 49.108, Water Code, have been met.
286	286	Sec. 4002.0505. BONDS SECURED BY AD VALOREM TAXES;
287	287	ELECTIONS. (a) If authorized at an election under Section
288	288	4002.0501, the district may issue bonds payable from ad valorem
289	289	taxes.
290	290	(b) At the time the district issues bonds payable wholly or
291	291	partly from ad valorem taxes, the board shall provide for the annual
292	292	imposition of a continuing direct annual ad valorem tax, without
293	293	limit as to rate or amount, for each year that all or part of the
294	294	bonds are outstanding as required and in the manner provided by
295	295	Sections 54.601 and 54.602, Water Code.
296	296	(c) All or any part of any facilities or improvements that
297	297	may be acquired by a district by the issuance of its bonds may be
298	298	submitted as a single proposition or as several propositions to be
299	299	voted on at the election.
300	300	Sec. 4002.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
301	301	board may not issue bonds until each municipality in whose
302	302	corporate limits or extraterritorial jurisdiction the district is
303	303	located has consented by ordinance or resolution to the creation of
304	304	the district and to the inclusion of land in the district, as
305	305	required by applicable law.
306	306	(b) This section applies only to the district's first
307	307	issuance of bonds payable from ad valorem taxes.
308	308	SUBCHAPTER I. DISSOLUTION
309	309	Sec. 4002.0901. DISSOLUTION. (a) The board shall dissolve
310	310	the district on written petition filed with the board by the owners
311	311	of at least two-thirds of the assessed value of the property subject
312	312	to assessment or taxation by the district based on the most recent
313	313	certified county property tax rolls.
314	314	(b) The board by majority vote may dissolve the district at
315	315	any time.
316	316	(c) The district may not be dissolved by its board under
317	317	Subsection (a) or (b) if the district:
318	318	(1) has any outstanding bonded indebtedness until that
319	319	bonded indebtedness has been repaid or defeased in accordance with
320	320	the order or resolution authorizing the issuance of the bonds;
321	321	(2) has a contractual obligation to pay money until
322	322	that obligation has been fully paid in accordance with the
323	323	contract; or
324	324	(3) owns, operates, or maintains public works,
325	325	facilities, or improvements unless the district contracts with
326	326	another person for the ownership, operation, or maintenance of the
327	327	public works, facilities, or improvements.
328	328	(d) Sections 375.261, 375.262, and 375.264, Local
329	329	Government Code, do not apply to the district.
330	330	SECTION 2. The Liberty County Management District No. 2
331	331	initially includes all territory contained in the following area:
332	332	A 236.217 acre, or 10,289,620 square feet more or less, tract
333	333	of land, being a portion of a called 368.6110 acre tract of land as
334	334	described in a deed recorded in Volume 1490, Page 338 Official
335	335	Public Records of Liberty County and being a portion of Friendswood
336	336	tracts of land as described in a deed recorded in Volume 626, Page
337	337	324 Official Public Records of Liberty County and being a portion of
338	338	Strother Timberlands, Ltd. tracts of land as described in a deed
339	339	recorded in Volume 1394, Page 672 Official Public Records of
340	340	Liberty County and being a portion of Eugene Campbella as described
341	341	in a deed recorded in Volume 1404, Page 346 Official Public Records
342	342	of Liberty County. Said 236.217 acre tract being more fully
343	343	described as follows, with bearings based on the Texas Coordinate
344	344	System of 1983, Central Zone:
345	345	BEGINNING at a TXDOT monument found for the southwest corner
346	346	of said 359.4174 acre tract and the northwest corner of said 327.35
347	347	acre tract and the northeast corner of a called 64.6488 acre tract
348	348	as recorded under Volume 1953, Page 23 of the Official Public
349	349	Records of Liberty County, Texas and along Extra-Territorial
350	350	Jurisdiction (ETJ) line;
351	351	THENCE, S 03°29'24" E, along and with the west line of said
352	352	138.7288 acre tract and the east line of said 359.4174 acre tract a
353	353	distance of 2,883.20 feet to a point for the southwest corner of a
354	354	called 20.000 acre tract as recorded under Volume 1546, Page 662 of
355	355	the Official Public Records of Liberty County, Texas;
356	356	THENCE, N 86°40'59" E, along the common line of the
357	357	Extra-Territorial Jurisdiction (ETJ) line and said 359.4174 acre
358	358	tract and along said 20.000 acre tract, a distance of 157.93 feet to
359	359	a point for the east corner of the herein described tract and the
360	360	northwest corner of a called 50.000 acre tract as recorded under
361	361	Volume 1448, Page 446 of the Official Public Records of Liberty
362	362	County, Texas;
363	363	THENCE, S 01°59'28" E, along said common line, a distance of
364	364	2,076.23 feet to a point for the southeast corner of the herein
365	365	described tract and the southwest corner of said 50.000 acre tract
366	366	and on the north line of ship Farm Addition as recorded under
367	367	Volume 1, Page 26 of the Liberty County Map Records;
368	368	THENCE, S 86°59'49" W, along said common line, a distance of
369	369	1,783.46 feet to a point for the southwest corner of the herein
370	370	described tract and on the north line of a called 178.40 acre tract
371	371	as recorded under Liberty County Clerk's File Number 2004009912;
372	372	THENCE, along and with the line of said ETJ and over and
373	373	across said 359.4174 acre tract, the following courses and
374	374	distances:
375	375	N 02°59'01" W, departing said north line, a distance of
376	376	3,260.25 feet to point for an interior corner;
377	377	S 77°59'08" W, a distance of 1,651.66 feet to a point for a
378	378	west corner of the herein described tract and on the east line of a
379	379	77.1974 acre tract as recorded under Liberty County Clerk's File
380	380	Number 20040015473 and on the west line of said 359.4171 acre tract;
381	381	THENCE, N 00°57'53" E, along and with said common line, a
382	382	distance of 974.75 feet to a point for the northwest corner of the
383	383	herein described tract;
384	384	THENCE, N 65°53'11" E, along and with said common line, a
385	385	distance of 276.91 feet to an interior corner;
386	386	THENCE, N 22°19'58" W, a distance of 172.48 feet to a point
387	387	corner and on the southeast right-of-way line of State Highway
388	388	Number 105 (width varies) and on the north line of said 359.4174
389	389	acre tract;
390	390	THENCE, N 67°46'10" E, along and with said southeast
391	391	right-of-way line, a distance of 1,165.84 feet to a point of a
392	392	tangent curve to the right;
393	393	THENCE, Northeasterly, along a tangent curve to the right, a
394	394	radius of 3,208.83 feet, a central angle of 14°58'29", a chord
395	395	bearing and distance of N 75°15'24" E, 836.27 feet, for an arc length
396	396	of 838.65 feet to a to a point of tangency;
397	397	THENCE, N 82°24'50" E, along and with said southeast
398	398	right-of-way line, a distance of 594.74 feet to a point of a tangent
399	399	curve to the left;
400	400	THENCE, Northeasterly, along a tangent curve to the left, a
401	401	radius of 853.02 feet, a central angle of 26°03'00", a chord bearing
402	402	and distance of N 69°23'37" E, 384.50 feet, for an arc length of
403	403	387.83 feet to a to a point of tangency;
404	404	THENCE: N 85°11'36" E, a distance of 120.34 feet to the POINT
405	405	OF BEGINNING, and containing 236.217 acres in the City of
406	406	Cleveland, Liberty County, Texas.
407	407	SECTION 3. (a) The legal notice of the intention to
408	408	introduce this Act, setting forth the general substance of this
409	409	Act, has been published as provided by law, and the notice and a
410	410	copy of this Act have been furnished to all persons, agencies,
411	411	officials, or entities to which they are required to be furnished
412	412	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
413	413	Government Code.
414	414	(b) The governor, one of the required recipients, has
415	415	submitted the notice and Act to the Texas Commission on
416	416	Environmental Quality.
417	417	(c) The Texas Commission on Environmental Quality has filed
418	418	its recommendations relating to this Act with the governor,
419	419	lieutenant governor, and speaker of the house of representatives
420	420	within the required time.
421	421	(d) All requirements of the constitution and laws of this
422	422	state and the rules and procedures of the legislature with respect
423	423	to the notice, introduction, and passage of this Act have been
424	424	fulfilled and accomplished.
425	425	SECTION 4. This Act takes effect immediately if it receives
426	426	a vote of two-thirds of all the members elected to each house, as
427	427	provided by Section 39, Article III, Texas Constitution. If this
428	428	Act does not receive the vote necessary for immediate effect, this
429	429	Act takes effect September 1, 2023.