TX
Texas House Bill HB5683

Texas 2025 - 89th Regular

Texas House Bill HB5683 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 89R24773 MCF-D
22 By: Anchía H.B. No. 5683
33
44
55
66
77 A BILL TO BE ENTITLED
88 relating to the creation of the Cedar Springs Improvement District;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1313 Code, is amended by adding Chapter 4018 to read as follows:
1414 CHAPTER 4018. CEDAR SPRINGS IMPROVEMENT DISTRICT
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 4018.0101. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "City" means the City of Dallas.
1919 (3) "County" means Dallas County.
2020 (4) "Director" means a board member.
2121 (5) "District" means the Cedar Springs Improvement
2222 District.
2323 Sec. 4018.0102. NATURE OF DISTRICT. The Cedar Springs
2424 Improvement District is a special district created under Section
2525 59, Article XVI, Texas Constitution.
2626 Sec. 4018.0103. PURPOSE; DECLARATION OF INTENT. (a) The
2727 creation of the district is essential to accomplish the purposes of
2828 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2929 Texas Constitution, and other public purposes stated in this
3030 chapter.
3131 (b) By creating the district and in authorizing the county,
3232 the city, and other political subdivisions to contract with the
3333 district, the legislature has established a program to accomplish
3434 the public purposes set out in Section 52-a, Article III, Texas
3535 Constitution.
3636 (c) The creation of the district is necessary to promote,
3737 develop, encourage, and maintain employment, commerce,
3838 transportation, housing, tourism, recreation, the arts,
3939 entertainment, economic development, safety, and the public
4040 welfare in the district.
4141 (d) This chapter and the creation of the district may not be
4242 interpreted to relieve the county or the city from providing the
4343 level of services provided as of the effective date of the Act
4444 enacting this chapter to the area in the district. The district is
4545 created to supplement and not to supplant county or city services
4646 provided in the district.
4747 Sec. 4018.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4848 (a) All land and other property included in the district will
4949 benefit from the improvements and services to be provided by the
5050 district under powers conferred by Sections 52 and 52-a, Article
5151 III, and Section 59, Article XVI, Texas Constitution, and other
5252 powers granted under this chapter.
5353 (b) The district is created to serve a public use and
5454 benefit.
5555 (c) The creation of the district is in the public interest
5656 and is essential to further the public purposes of:
5757 (1) developing and diversifying the economy of the
5858 state;
5959 (2) eliminating unemployment and underemployment; and
6060 (3) developing or expanding transportation and
6161 commerce.
6262 (d) The district will:
6363 (1) promote the health, safety, and general welfare of
6464 residents, employers, potential employees, employees, visitors,
6565 and consumers in the district, and of the public;
6666 (2) provide needed funding for the district to
6767 preserve, maintain, and enhance the economic health and vitality of
6868 the district territory as a community and business center;
6969 (3) promote the health, safety, welfare, and enjoyment
7070 of the public by providing pedestrian ways and by landscaping and
7171 developing certain areas in the district, which are necessary for
7272 the restoration, preservation, and enhancement of scenic beauty;
7373 and
7474 (4) provide for road and recreational facilities for
7575 the district.
7676 (e) Pedestrian ways along or across a street, whether at
7777 grade or above or below the surface, and street lighting, street
7878 landscaping, parking, and street art objects are parts of and
7979 necessary components of a street and are considered to be a street
8080 or road improvement.
8181 (f) The district will not act as the agent or
8282 instrumentality of any private interest even though the district
8383 will benefit many private interests as well as the public.
8484 Sec. 4018.0105. INITIAL DISTRICT TERRITORY. (a) The
8585 district is initially composed of the territory described by
8686 Section 2 of the Act enacting this chapter.
8787 (b) The boundaries contained in Section 2 of the Act
8888 enacting this chapter form a closure. A mistake in the boundaries
8989 does not affect the district's:
9090 (1) organization, existence, or validity;
9191 (2) right to issue any type of bonds for the purposes
9292 for which the district is created or to pay the principal of and
9393 interest on the bonds;
9494 (3) right to impose or collect an assessment or tax; or
9595 (4) legality or operation.
9696 Sec. 4018.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9797 All or any part of the area of the district is eligible to be
9898 included in:
9999 (1) a tax increment reinvestment zone created under
100100 Chapter 311, Tax Code; or
101101 (2) a tax abatement reinvestment zone created under
102102 Chapter 312, Tax Code.
103103 Sec. 4018.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
104104 DISTRICTS LAW. Except as otherwise provided by this chapter,
105105 Chapter 375, Local Government Code, applies to the district.
106106 Sec. 4018.0108. CONSTRUCTION OF CHAPTER. This chapter
107107 shall be liberally construed in conformity with the findings and
108108 purposes stated in this chapter.
109109 SUBCHAPTER B. BOARD OF DIRECTORS
110110 Sec. 4018.0201. GOVERNING BODY; TERMS. (a) The district is
111111 governed by a board of seven elected directors who serve staggered
112112 terms of four years.
113113 (b) Directors are elected in the manner provided by
114114 Subchapter D, Chapter 49, Water Code.
115115 Sec. 4018.0202. COMPENSATION; EXPENSES. (a) A director is
116116 entitled to receive fees of office and reimbursement for actual
117117 expenses as provided by Section 49.060, Water Code.
118118 (b) Sections 375.069 and 375.070, Local Government Code, do
119119 not apply to the board.
120120 Sec. 4018.0203. INITIAL DIRECTORS. (a) The initial board
121121 consists of the following directors:
122122 Pos. No. Name of Director Pos. No. Name of Director
123123 Pos. No. Name of Director
124124 1 Lupe Valdez 1 Lupe Valdez
125125 1 Lupe Valdez
126126 2 Mikey Nguyen 2 Mikey Nguyen
127127 2 Mikey Nguyen
128128 3 David Drake 3 David Drake
129129 3 David Drake
130130 4 Adam Murphy 4 Adam Murphy
131131 4 Adam Murphy
132132 5 Tony Vedda 5 Tony Vedda
133133 5 Tony Vedda
134134 6 Martha Tiller 6 Martha Tiller
135135 6 Martha Tiller
136136 7 Randle Langdon 7 Randle Langdon
137137 7 Randle Langdon
138138 (b) Of the initial directors, the terms of directors
139139 appointed for positions one through four expire June 1, 2027, and
140140 the terms of directors appointed for positions five through seven
141141 expire June 1, 2029.
142142 SUBCHAPTER C. POWERS AND DUTIES
143143 Sec. 4018.0301. GENERAL POWERS AND DUTIES. (a) The
144144 district has the powers and duties necessary to accomplish the
145145 purposes for which the district is created.
146146 (b) The district may not provide retail water or sewer
147147 service in an area receiving retail water or sewer service from
148148 another water or sewer service provider.
149149 Sec. 4018.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
150150 district, using any money available to the district for the
151151 purpose, may provide, design, construct, acquire, improve,
152152 relocate, operate, maintain, or finance an improvement project or
153153 service authorized under this chapter or Chapter 375, Local
154154 Government Code.
155155 (b) The district may contract with a governmental or private
156156 entity to carry out an action under Subsection (a).
157157 (c) The implementation of a district project or service is a
158158 governmental function or service for the purposes of Chapter 791,
159159 Government Code.
160160 Sec. 4018.0303. LAW ENFORCEMENT SERVICES. To protect the
161161 public interest, the district may contract with a qualified party,
162162 including the county or the city, to provide law enforcement
163163 services in the district for a fee.
164164 Sec. 4018.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
165165 The district may join and pay dues to a charitable or nonprofit
166166 organization that performs a service or provides an activity
167167 consistent with the furtherance of a district purpose.
168168 Sec. 4018.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
169169 district may engage in activities that accomplish the economic
170170 development purposes of the district.
171171 (b) The district may establish and provide for the
172172 administration of one or more programs to promote state or local
173173 economic development and to stimulate business and commercial
174174 activity in the district, including programs to:
175175 (1) make loans and grants of public money; and
176176 (2) provide district personnel and services.
177177 (c) The district may create economic development programs
178178 and exercise the economic development powers provided to
179179 municipalities by:
180180 (1) Chapter 380, Local Government Code; and
181181 (2) Subchapter A, Chapter 1509, Government Code.
182182 Sec. 4018.0306. PARKING FACILITIES. (a) The district may
183183 acquire, lease as lessor or lessee, construct, develop, own,
184184 operate, and maintain parking facilities or a system of parking
185185 facilities, including lots, garages, parking terminals, or other
186186 structures or accommodations for parking motor vehicles off the
187187 streets and related appurtenances.
188188 (b) The district's parking facilities serve the public
189189 purposes of the district and are owned, used, and held for a public
190190 purpose even if leased or operated by a private entity for a term of
191191 years.
192192 (c) The district's parking facilities are parts of and
193193 necessary components of a street and are considered to be a street
194194 or road improvement.
195195 (d) The development and operation of the district's parking
196196 facilities may be considered an economic development program.
197197 Sec. 4018.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The
198198 board by resolution shall establish the number of directors'
199199 signatures and the procedure required for a disbursement or
200200 transfer of district money.
201201 Sec. 4018.0308. ADDING OR EXCLUDING LAND. The district may
202202 add or exclude land in the manner provided by Subchapter J, Chapter
203203 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
204204 Sec. 4018.0309. NO EMINENT DOMAIN POWER. The district may
205205 not exercise the power of eminent domain.
206206 SUBCHAPTER D. ASSESSMENTS
207207 Sec. 4018.0401. PETITION REQUIRED FOR FINANCING SERVICES
208208 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
209209 service or improvement project with assessments under this chapter
210210 unless a written petition requesting that service or improvement
211211 has been filed with the board.
212212 (b) A petition filed under Subsection (a) must be signed by
213213 the owners of a majority of the assessed value of real property in
214214 the district subject to assessment according to the most recent
215215 certified tax appraisal roll for the county.
216216 Sec. 4018.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
217217 The board by resolution may impose and collect an assessment for any
218218 purpose authorized by this chapter in all or any part of the
219219 district.
220220 (b) An assessment, a reassessment, or an assessment
221221 resulting from an addition to or correction of the assessment roll
222222 by the district, penalties and interest on an assessment or
223223 reassessment, an expense of collection, and reasonable attorney's
224224 fees incurred by the district:
225225 (1) are a first and prior lien against the property
226226 assessed;
227227 (2) are superior to any other lien or claim other than
228228 a lien or claim for county, school district, or municipal ad valorem
229229 taxes; and
230230 (3) are the personal liability of and a charge against
231231 the owners of the property even if the owners are not named in the
232232 assessment proceedings.
233233 (c) The lien is effective from the date of the board's
234234 resolution imposing the assessment until the date the assessment is
235235 paid. The board may enforce the lien in the same manner that the
236236 board may enforce an ad valorem tax lien against real property.
237237 (d) The board may make a correction to or deletion from the
238238 assessment roll that does not increase the amount of assessment of
239239 any parcel of land without providing notice and holding a hearing in
240240 the manner required for additional assessments.
241241 SUBCHAPTER E. TAXES AND BONDS
242242 Sec. 4018.0501. TAX ELECTION REQUIRED. (a) The district
243243 must hold an election in the manner provided by Chapter 49, Water
244244 Code, or, if applicable, Chapter 375, Local Government Code, to
245245 obtain voter approval before the district may impose an ad valorem
246246 tax.
247247 (b) Section 375.243, Local Government Code, does not apply
248248 to the district.
249249 Sec. 4018.0502. OPERATION AND MAINTENANCE TAX. (a) If
250250 authorized by a majority of the district voters voting at an
251251 election under Section 4018.0501, the district may impose an
252252 operation and maintenance tax on taxable property in the district
253253 in the manner provided by Section 49.107, Water Code, for any
254254 district purpose, including to:
255255 (1) maintain and operate the district;
256256 (2) construct or acquire improvements; or
257257 (3) provide a service.
258258 (b) The board shall determine the operation and maintenance
259259 tax rate. The rate may not exceed the rate approved at the
260260 election.
261261 Sec. 4018.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
262262 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
263263 terms determined by the board.
264264 (b) The district may issue bonds, notes, or other
265265 obligations payable wholly or partly from ad valorem taxes,
266266 assessments, impact fees, revenue, contract payments, grants, or
267267 other district money, or any combination of those sources of money,
268268 to pay for any authorized district purpose.
269269 Sec. 4018.0504. BONDS SECURED BY REVENUE OR CONTRACT
270270 PAYMENTS. The district may issue, without an election, bonds
271271 secured by:
272272 (1) revenue other than ad valorem taxes, including
273273 contract revenues; or
274274 (2) contract payments, provided that the requirements
275275 of Section 49.108, Water Code, have been met.
276276 Sec. 4018.0505. BONDS SECURED BY AD VALOREM TAXES;
277277 ELECTIONS. (a) If authorized at an election under Section
278278 4018.0501, the district may issue bonds payable from ad valorem
279279 taxes.
280280 (b) At the time the district issues bonds payable wholly or
281281 partly from ad valorem taxes, the board shall provide for the annual
282282 imposition of a continuing direct annual ad valorem tax, without
283283 limit as to rate or amount, for each year that all or part of the
284284 bonds are outstanding as required and in the manner provided by
285285 Sections 54.601 and 54.602, Water Code.
286286 (c) All or any part of any facilities or improvements that
287287 may be acquired by a district by the issuance of its bonds may be
288288 submitted as a single proposition or as several propositions to be
289289 voted on at the election.
290290 Sec. 4018.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
291291 board may not issue bonds until each municipality in whose
292292 corporate limits or extraterritorial jurisdiction the district is
293293 located has consented by ordinance or resolution to the creation of
294294 the district and to the inclusion of land in the district as
295295 required by applicable law.
296296 (b) This section applies only to the district's first
297297 issuance of bonds payable from ad valorem taxes.
298298 SUBCHAPTER I. DISSOLUTION
299299 Sec. 4018.0901. DISSOLUTION. (a) The board shall dissolve
300300 the district on written petition filed with the board by the owners
301301 of:
302302 (1) at least two-thirds of the assessed value of the
303303 property subject to assessment by the district based on the most
304304 recent certified county property tax rolls; or
305305 (2) at least two-thirds of the surface area of the
306306 district, excluding roads, streets, highways, utility
307307 rights-of-way, other public areas, and other property exempt from
308308 assessment by the district according to the most recent certified
309309 county property tax rolls.
310310 (b) The board by majority vote may dissolve the district at
311311 any time.
312312 (c) The district may not be dissolved by its board under
313313 Subsection (a) or (b) if the district:
314314 (1) has any outstanding bonded indebtedness until that
315315 bonded indebtedness has been repaid or defeased in accordance with
316316 the order or resolution authorizing the issuance of the bonds;
317317 (2) has a contractual obligation to pay money until
318318 that obligation has been fully paid in accordance with the
319319 contract; or
320320 (3) owns, operates, or maintains public works,
321321 facilities, or improvements unless the district contracts with
322322 another person for the ownership, operation, or maintenance of the
323323 public works, facilities, or improvements.
324324 (d) Sections 375.261, 375.262, and 375.264, Local
325325 Government Code, do not apply to the district.
326326 SECTION 2. The Cedar Springs Improvement District initially
327327 includes all territory contained in the following area:
328328 In Dallas County, Texas, the territory enclosed by Lemmon
329329 Avenue as the northeast boundary, Oak Lawn Avenue as the southeast
330330 boundary, Maple Avenue as the southwest boundary, and Inwood Road
331331 as the northwest boundary.
332332 SECTION 3. (a) The legal notice of the intention to
333333 introduce this Act, setting forth the general substance of this
334334 Act, has been published as provided by law, and the notice and a
335335 copy of this Act have been furnished to all persons, agencies,
336336 officials, or entities to which they are required to be furnished
337337 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
338338 Government Code.
339339 (b) The governor, one of the required recipients, has
340340 submitted the notice and Act to the Texas Commission on
341341 Environmental Quality.
342342 (c) The Texas Commission on Environmental Quality has filed
343343 its recommendations relating to this Act with the governor,
344344 lieutenant governor, and speaker of the house of representatives
345345 within the required time.
346346 (d) All requirements of the constitution and laws of this
347347 state and the rules and procedures of the legislature with respect
348348 to the notice, introduction, and passage of this Act have been
349349 fulfilled and accomplished.
350350 SECTION 4. This Act takes effect immediately if it receives
351351 a vote of two-thirds of all the members elected to each house, as
352352 provided by Section 39, Article III, Texas Constitution. If this
353353 Act does not receive the vote necessary for immediate effect, this
354354 Act takes effect September 1, 2025.
355355
356356
357357
358358 Pos. No. Name of Director
359359
360360
361361
362362 1 Lupe Valdez
363363
364364
365365
366366 2 Mikey Nguyen
367367
368368
369369
370370 3 David Drake
371371
372372
373373
374374 4 Adam Murphy
375375
376376
377377
378378 5 Tony Vedda
379379
380380
381381
382382 6 Martha Tiller
383383
384384
385385
386386 7 Randle Langdon