Texas 2023 - 88th Regular

Texas Senate Bill SB2615 Compare Versions

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1	1	By: Menéndez, Campbell S.B. No. 2615
2	2	Zaffirini
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Jones Avenue Municipal Management
7	7	District; providing authority to issue bonds; providing authority
8	8	to 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 4007 to read as follows:
12	12	CHAPTER 4007. JONES AVENUE MUNICIPAL MANAGEMENT DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 4007.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "City" means the City of San Antonio.
17	17	(3) "County" means Bexar County.
18	18	(4) "Director" means a board member.
19	19	(5) "District" means the Jones Avenue Municipal
20	20	Management District.
21	21	Sec. 4007.0102. NATURE OF DISTRICT. The Jones Avenue
22	22	Municipal Management District is a special district created under
23	23	Section 59, Article XVI, Texas Constitution.
24	24	Sec. 4007.0103. 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. 4007.0104. 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. 4007.0105. 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. 4007.0106. 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. 4007.0107. 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. 4007.0108. 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. 4007.0201. GOVERNING BODY; TERMS. (a) The district is
110	110	governed by a board of five voting directors who serve staggered
111	111	terms of four years, with two or three directors' terms expiring
112	112	June 1 of each odd-numbered year.
113	113	(b) The board by resolution may change the number of voting
114	114	directors on the board only if the board determines that the change
115	115	is in the best interest of the district. The board may not consist
116	116	of fewer than five or more than nine voting directors.
117	117	Sec. 4007.0202. APPOINTMENT OF VOTING DIRECTORS. The mayor
118	118	and members of the governing body of the city shall appoint voting
119	119	directors from persons recommended by the board. A person is
120	120	appointed if a majority of the members of the governing body,
121	121	including the mayor, vote to appoint that person.
122	122	Sec. 4007.0203. NONVOTING DIRECTORS. The board may appoint
123	123	nonvoting directors to serve at the pleasure of the voting
124	124	directors.
125	125	Sec. 4007.0204. QUORUM. For purposes of determining the
126	126	requirements for a quorum of the board, the following are not
127	127	counted:
128	128	(1) a board position vacant for any reason, including
129	129	death, resignation, or disqualification;
130	130	(2) a director who is abstaining from participation in
131	131	a vote because of a conflict of interest; or
132	132	(3) a nonvoting director.
133	133	Sec. 4007.0205. COMPENSATION. A director is entitled to
134	134	receive fees of office and reimbursement for actual expenses as
135	135	provided by Section 49.060, Water Code. Sections 375.069 and
136	136	375.070, Local Government Code, do not apply to the board.
137	137	SUBCHAPTER C. POWERS AND DUTIES
138	138	Sec. 4007.0301. GENERAL POWERS AND DUTIES. The district
139	139	has the powers and duties necessary to accomplish the purposes for
140	140	which the district is created.
141	141	Sec. 4007.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
142	142	The district, using any money available to the district for the
143	143	purpose, may provide, design, construct, acquire, improve,
144	144	relocate, operate, maintain, or finance an improvement project or
145	145	service authorized under this chapter or Chapter 375, Local
146	146	Government Code.
147	147	(b) The district may contract with a governmental or private
148	148	entity to carry out an action under Subsection (a).
149	149	(c) The implementation of a district project or service is a
150	150	governmental function or service for the purposes of Chapter 791,
151	151	Government Code.
152	152	Sec. 4007.0303. LAW ENFORCEMENT SERVICES. To protect the
153	153	public interest, the district may contract with a qualified party,
154	154	including the county or the city, to provide law enforcement
155	155	services in the district for a fee.
156	156	Sec. 4007.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
157	157	The district may join and pay dues to a charitable or nonprofit
158	158	organization that performs a service or provides an activity
159	159	consistent with the furtherance of a district purpose.
160	160	Sec. 4007.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
161	161	district may engage in activities that accomplish the economic
162	162	development purposes of the district.
163	163	(b) The district may establish and provide for the
164	164	administration of one or more programs to promote state or local
165	165	economic development and to stimulate business and commercial
166	166	activity in the district, including programs to:
167	167	(1) make loans and grants of public money; and
168	168	(2) provide district personnel and services.
169	169	(c) The district may create economic development programs
170	170	and exercise the economic development powers provided to
171	171	municipalities by:
172	172	(1) Chapter 380, Local Government Code; and
173	173	(2) Subchapter A, Chapter 1509, Government Code.
174	174	Sec. 4007.0306. PARKING FACILITIES. (a) The district may
175	175	acquire, lease as lessor or lessee, construct, develop, own,
176	176	operate, and maintain parking facilities or a system of parking
177	177	facilities, including lots, garages, parking terminals, or other
178	178	structures or accommodations for parking motor vehicles off the
179	179	streets and related appurtenances.
180	180	(b) The district's parking facilities serve the public
181	181	purposes of the district and are owned, used, and held for a public
182	182	purpose even if leased or operated by a private entity for a term of
183	183	years.
184	184	(c) The district's parking facilities are parts of and
185	185	necessary components of a street and are considered to be a street
186	186	or road improvement.
187	187	(d) The development and operation of the district's parking
188	188	facilities may be considered an economic development program.
189	189	Sec. 4007.0307. ADDING OR EXCLUDING LAND. The district may
190	190	add or exclude land in the manner provided by Subchapter J, Chapter
191	191	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
192	192	Sec. 4007.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
193	193	board by resolution shall establish the number of directors'
194	194	signatures and the procedure required for a disbursement or
195	195	transfer of district money.
196	196	Sec. 4007.0309. NO EMINENT DOMAIN POWER. The district may
197	197	not exercise the power of eminent domain.
198	198	SUBCHAPTER D. ASSESSMENTS
199	199	Sec. 4007.0401. PETITION REQUIRED FOR FINANCING SERVICES
200	200	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
201	201	service or improvement project with assessments under this chapter
202	202	unless a written petition requesting that service or improvement
203	203	has been filed with the board.
204	204	(b) A petition filed under Subsection (a) must be signed by
205	205	the owners of a majority of the assessed value of real property in
206	206	the district subject to assessment according to the most recent
207	207	certified tax appraisal roll for the county.
208	208	Sec. 4007.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
209	209	The board by resolution may impose and collect an assessment for any
210	210	purpose authorized by this chapter in all or any part of the
211	211	district.
212	212	(b) An assessment, a reassessment, or an assessment
213	213	resulting from an addition to or correction of the assessment roll
214	214	by the district, penalties and interest on an assessment or
215	215	reassessment, an expense of collection, and reasonable attorney's
216	216	fees incurred by the district:
217	217	(1) are a first and prior lien against the property
218	218	assessed;
219	219	(2) are superior to any other lien or claim other than
220	220	a lien or claim for county, school district, or municipal ad valorem
221	221	taxes; and
222	222	(3) are the personal liability of and a charge against
223	223	the owners of the property even if the owners are not named in the
224	224	assessment proceedings.
225	225	(c) The lien is effective from the date of the board's
226	226	resolution imposing the assessment until the date the assessment is
227	227	paid. The board may enforce the lien in the same manner that the
228	228	board may enforce an ad valorem tax lien against real property.
229	229	(d) The board may make a correction to or deletion from the
230	230	assessment roll that does not increase the amount of assessment of
231	231	any parcel of land without providing notice and holding a hearing in
232	232	the manner required for additional assessments.
233	233	SUBCHAPTER E. TAXES AND BONDS
234	234	Sec. 4007.0501. TAX ELECTION REQUIRED. (a) The district
235	235	must hold an election in the manner provided by Chapter 49, Water
236	236	Code, or, if applicable, Chapter 375, Local Government Code, to
237	237	obtain voter approval before the district may impose an ad valorem
238	238	tax.
239	239	(b) Section 375.243, Local Government Code, does not apply
240	240	to the district.
241	241	Sec. 4007.0502. OPERATION AND MAINTENANCE TAX. (a) If
242	242	authorized by a majority of the district voters voting at an
243	243	election under Section 4007.0501, the district may impose an
244	244	operation and maintenance tax on taxable property in the district
245	245	in the manner provided by Section 49.107, Water Code, for any
246	246	district purpose, including to:
247	247	(1) maintain and operate the district;
248	248	(2) construct or acquire improvements; or
249	249	(3) provide a service.
250	250	(b) The board shall determine the operation and maintenance
251	251	tax rate. The rate may not exceed the rate approved at the
252	252	election.
253	253	Sec. 4007.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
254	254	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
255	255	terms determined by the board.
256	256	(b) The district may issue bonds, notes, or other
257	257	obligations payable wholly or partly from ad valorem taxes,
258	258	assessments, impact fees, revenue, contract payments, grants, or
259	259	other district money, or any combination of those sources of money,
260	260	to pay for any authorized district purpose.
261	261	(c) The limitation on the outstanding principal amount of
262	262	bonds, notes, or other obligations provided by Section 49.4645,
263	263	Water Code, does not apply to the district.
264	264	Sec. 4007.0504. BONDS SECURED BY REVENUE OR CONTRACT
265	265	PAYMENTS. The district may issue, without an election, bonds
266	266	secured by:
267	267	(1) revenue other than ad valorem taxes, including
268	268	contract revenues; or
269	269	(2) contract payments, provided that the requirements
270	270	of Section 49.108, Water Code, have been met.
271	271	Sec. 4007.0505. BONDS SECURED BY AD VALOREM TAXES;
272	272	ELECTIONS. (a) If authorized at an election under Section
273	273	4007.0501, the district may issue bonds payable from ad valorem
274	274	taxes.
275	275	(b) At the time the district issues bonds payable wholly or
276	276	partly from ad valorem taxes, the board shall provide for the annual
277	277	imposition of a continuing direct annual ad valorem tax, without
278	278	limit as to rate or amount, for each year that all or part of the
279	279	bonds are outstanding as required and in the manner provided by
280	280	Sections 54.601 and 54.602, Water Code.
281	281	(c) All or any part of any facilities or improvements that
282	282	may be acquired by a district by the issuance of its bonds may be
283	283	submitted as a single proposition or as several propositions to be
284	284	voted on at the election.
285	285	Sec. 4007.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
286	286	board may not issue bonds until each municipality in whose
287	287	corporate limits or extraterritorial jurisdiction the district is
288	288	located has consented by ordinance or resolution to the creation of
289	289	the district and to the inclusion of land in the district.
290	290	(b) This section applies only to the district's first
291	291	issuance of bonds payable from ad valorem taxes.
292	292	SUBCHAPTER I. DISSOLUTION
293	293	Sec. 4007.0901. DISSOLUTION. (a) The board shall dissolve
294	294	the district on written petition filed with the board by the owners
295	295	of at least two-thirds of the assessed value of the property subject
296	296	to assessment or taxation by the district based on the most recent
297	297	certified county property tax rolls.
298	298	(b) The board by majority vote may dissolve the district at
299	299	any time.
300	300	(c) The district may not be dissolved by its board under
301	301	Subsection (a) or (b) if the district:
302	302	(1) has any outstanding bonded indebtedness until that
303	303	bonded indebtedness has been repaid or defeased in accordance with
304	304	the order or resolution authorizing the issuance of the bonds;
305	305	(2) has a contractual obligation to pay money until
306	306	that obligation has been fully paid in accordance with the
307	307	contract; or
308	308	(3) owns, operates, or maintains public works,
309	309	facilities, or improvements unless the district contracts with
310	310	another person for the ownership, operation, or maintenance of the
311	311	public works, facilities, or improvements.
312	312	(d) Sections 375.261, 375.262, and 375.264, Local
313	313	Government Code, do not apply to the district.
314	314	SECTION 2. The Jones Avenue Municipal Management District
315	315	initially includes all territory contained in the following area:
316	316	Lots 6 and 7, Block 1, New City Block 1036, Replat Jones
317	317	Avenue Service Center Subdivision, City of San Antonio, Bexar
318	318	County, Texas, according to plat number 22-11800219 recorded in
319	319	Volume 20003, Page 11, Deed and Plat Records, Bexar County, Texas.
320	320	SECTION 3. (a) The legal notice of the intention to
321	321	introduce this Act, setting forth the general substance of this
322	322	Act, has been published as provided by law, and the notice and a
323	323	copy of this Act have been furnished to all persons, agencies,
324	324	officials, or entities to which they are required to be furnished
325	325	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
326	326	Government Code.
327	327	(b) The governor, one of the required recipients, has
328	328	submitted the notice and Act to the Texas Commission on
329	329	Environmental Quality.
330	330	(c) The Texas Commission on Environmental Quality has filed
331	331	its recommendations relating to this Act with the governor,
332	332	lieutenant governor, and speaker of the house of representatives
333	333	within the required time.
334	334	(d) All requirements of the constitution and laws of this
335	335	state and the rules and procedures of the legislature with respect
336	336	to the notice, introduction, and passage of this Act have been
337	337	fulfilled and accomplished.
338	338	SECTION 4. This Act takes effect immediately if it receives
339	339	a vote of two-thirds of all the members elected to each house, as
340	340	provided by Section 39, Article III, Texas Constitution. If this
341	341	Act does not receive the vote necessary for immediate effect, this
342	342	Act takes effect September 1, 2023.