Bill Text: TX HB4349 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the creation of the Alamo Management District; providing authority to issue bonds.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Engrossed - Dead) 2017-05-24 - Placed on intent calendar [HB4349 Detail]
Download: Texas-2017-HB4349-Comm_Sub.html
By: Cortez, et al. (Senate Sponsor - Menéndez) | H.B. No. 4349 | |
(In the Senate - Received from the House May 19, 2017; | ||
May 19, 2017, read first time and referred to Committee on | ||
Administration; May 23, 2017, reported favorably by the following | ||
vote: Yeas 5, Nays 1, 1 present not voting; May 23, 2017, sent to | ||
printer.) | ||
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relating to the creation of the Alamo Management District; | ||
providing authority to issue bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3636 to read as follows: | ||
CHAPTER 3636. ALAMO MANAGEMENT DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3636.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of San Antonio. | ||
(3) "Commissioner" means the commissioner of the | ||
General Land Office. | ||
(4) "County" means Bexar County. | ||
(5) "Director" means a board member. | ||
(6) "District" means the Alamo Management District. | ||
Sec. 3636.002. CREATION AND NATURE OF DISTRICT. The | ||
district is a special district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 3636.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. By creating the district and in authorizing the city, | ||
county, and other political subdivisions to contract with the | ||
district, the legislature has established a program to accomplish | ||
the public purposes set out in Section 52-a, Article III, Texas | ||
Constitution. | ||
(b) The creation of the district is necessary to protect and | ||
preserve the Alamo shrine and the area surrounding the Alamo | ||
shrine. | ||
(c) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, tourism, recreation, the arts, entertainment, | ||
enjoyment of historic and cultural treasures, economic | ||
development, safety, health, and the public welfare in the | ||
district. | ||
(d) This chapter and the creation of the district may not be | ||
interpreted to relieve the city or county from providing the level | ||
of services provided on November 1, 2016, to the area in the | ||
district. The district is created to supplement and not to supplant | ||
city and county services provided in the district or city and county | ||
zoning or site development ordinances or orders applicable to the | ||
territory in the district. | ||
Sec. 3636.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||
other powers granted under this chapter. | ||
(c) The creation of the district is in the public interest | ||
and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; and | ||
(3) developing or expanding transportation and | ||
commerce. | ||
(d) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, employees, visitors, and consumers in the | ||
district, and of the public; | ||
(2) provide needed funding for the district to | ||
protect, preserve, maintain, and enhance the economic health and | ||
vitality of the district territory as a community, business, | ||
historic, and cultural center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic, | ||
cultural, and aesthetic beauty. | ||
(e) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, and street art objects are parts of and necessary | ||
components of a street and are considered to be a street or road | ||
improvement. Parking facilities are considered to be a street or | ||
road improvement. | ||
(f) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3636.005. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes of the district contained | ||
in Section 2 of the Act enacting this chapter form a closure. A | ||
mistake in the field notes of the district contained in Section 2 of | ||
the Act enacting this chapter or in copying the field notes in the | ||
legislative process does not in any way affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond or other obligation | ||
for a purpose for which the district is created or to pay the | ||
principal of and interest on a bond; | ||
(3) right to impose or collect an assessment; or | ||
(4) legality or operation. | ||
Sec. 3636.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(4) a similar zone created for economic development | ||
purposes. | ||
Sec. 3636.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3636.008. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed in conformity with the | ||
findings and purposes stated in this chapter. | ||
Sec. 3636.009. CONFLICT WITH RIVER AUTHORITY. If any | ||
authority or power granted to the district overlaps or conflicts | ||
with any authority or power granted to the San Antonio River | ||
Authority, the authority or power granted to the San Antonio River | ||
Authority shall supersede and control over the authority or power | ||
granted to the district, unless the San Antonio River Authority | ||
consents to the exercise of the authority or power by the district. | ||
Sec. 3636.010. CONFLICT WITH CITY. If any authority or | ||
power granted to the district overlaps or conflicts with any | ||
authority or power granted to the city, the authority or power | ||
granted to the city shall supersede and control over the authority | ||
or power granted to the district, unless the city consents to the | ||
exercise of the authority or power by the district. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3636.051. BOARD; TERMS. (a) The district is governed | ||
by a board of seven voting directors who serve staggered terms of | ||
four years, with three or four directors' terms expiring February 1 | ||
of each odd-numbered year. | ||
(b) The board by resolution may change the number of voting | ||
directors on the board if the board determines that the change is in | ||
the best interest of the district. The board may not consist of | ||
fewer than 7 or more than 15 voting directors. | ||
Sec. 3636.052. APPOINTMENT AND REMOVAL OF DIRECTORS. (a) | ||
The commissioner serves as the presiding officer of the board. | ||
(b) The mayor of the city shall serve as a director or | ||
appoint a person to serve on behalf of the mayor. | ||
(c) The commissioner shall appoint the remaining members of | ||
the board as follows: | ||
(1) a person with knowledge of Texas history; | ||
(2) a person with knowledge of preservation or | ||
operation of historic sites; | ||
(3) a person with knowledge of fund-raising or state | ||
funding sources and procedures; | ||
(4) a person with knowledge of municipal land use or | ||
site development regulation; and | ||
(5) a person who owns a business in or near the | ||
district. | ||
(d) If the board increases the number of directors under | ||
Section 3636.051 to more than seven, the commissioner shall appoint | ||
the additional directors. The additional directors must be | ||
qualified to serve as a director under Section 375.063, Local | ||
Government Code. | ||
(e) If a vacancy occurs on the board, the commissioner shall | ||
appoint a director for the remainder of the unexpired term only with | ||
the approval of a majority of the remaining directors. | ||
(f) Each director appointed under Subsection (c) serves at | ||
the pleasure of the commissioner. The commissioner may remove a | ||
director at any time in a manner authorized by law. | ||
Sec. 3636.053. NONVOTING DIRECTORS. The board may appoint | ||
nonvoting directors to serve at the pleasure of the voting | ||
directors. | ||
Sec. 3636.054. QUORUM; BOARD ACTION. (a) Section 375.071, | ||
Local Government Code, does not apply to the board. | ||
(b) For purposes of determining the requirements for a | ||
quorum of the board, the following are not counted: | ||
(1) a board position vacant for any reason, including | ||
death, resignation, or disqualification; | ||
(2) a director who is abstaining from participation in | ||
a vote because of a conflict of interest; or | ||
(3) a nonvoting director. | ||
(c) A concurrence of a majority of a quorum of directors is | ||
required for an official action of the district. | ||
(d) Official actions of the district must be made by written | ||
resolution. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3636.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3636.102. MASTER PLAN. The district may participate | ||
with the city in the development and implementation of an Alamo | ||
Complex Master Plan. | ||
Sec. 3636.103. AGREEMENTS; GRANTS. (a) As provided by | ||
Chapter 375, Local Government Code, the district may make an | ||
agreement with or accept a gift, grant, or loan from any person. | ||
(b) The implementation of a project is a governmental | ||
function or service for the purposes of Chapter 791, Government | ||
Code. | ||
Sec. 3636.104. CONTRACT WITH POLITICAL SUBDIVISION. The | ||
county, the city, or another political subdivision of this state, | ||
without further authorization, may contract with the district to | ||
implement a project of the district or assist the district in | ||
providing a service authorized under this chapter. A contract | ||
under this section may: | ||
(1) be for a period on which the parties agree; | ||
(2) include terms on which the parties agree; | ||
(3) be payable from any source of revenue that may be | ||
available for that project or service; and | ||
(4) provide terms under which revenue collected at a | ||
district project or from a person using or purchasing a commodity or | ||
service at a district project may be paid or rebated to the | ||
district. | ||
Sec. 3636.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The | ||
district may join and pay dues to a charitable or nonprofit | ||
organization that performs a service or provides an activity | ||
consistent with the furtherance of a district purpose. | ||
Sec. 3636.106. NO ANNEXATION. The district may not annex | ||
territory. | ||
Sec. 3636.107. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 3636.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of the district's money. | ||
Sec. 3636.152. NO TAXES, ASSESSMENTS, OR FEES. The | ||
district may not impose a tax, assessment, or fee. | ||
Sec. 3636.153. BONDS AND OTHER OBLIGATIONS. (a) The | ||
district may issue bonds, notes, or other obligations payable from | ||
money available to the district in the manner provided by | ||
Subchapter J, Chapter 375, Local Government Code. | ||
(b) In exercising the district's borrowing power, the | ||
district may issue a bond or other obligation in the form of a bond, | ||
note, certificate of participation or other instrument evidencing a | ||
proportionate interest in payments to be made by the district, or | ||
other type of obligation. | ||
Sec. 3636.154. REQUIREMENTS FOR BOND ISSUE. The district | ||
may not issue bonds until the district submits to the Texas | ||
Commission on Environmental Quality: | ||
(1) an engineer's report describing the project for | ||
which the bonds will provide funding, including data, profiles, | ||
maps, plans, and specifications related to the project; and | ||
(2) a cash flow analysis to determine the projected | ||
bond payoff schedule, which includes the following assumptions: | ||
(A) each ending balance for debt service in the | ||
analysis is not less than 25 percent of the following year's debt | ||
service requirement; and | ||
(B) interest income is only shown on the ending | ||
balance for debt service for the first two years. | ||
SUBCHAPTER E. DISSOLUTION BY BOARD | ||
Sec. 3636.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING | ||
DEBT. (a) The board may dissolve the district regardless of | ||
whether the district has debt. Section 375.264, Local Government | ||
Code, does not apply to the district. | ||
(b) If the district has debt when it is dissolved, the | ||
district shall remain in existence solely for the purpose of | ||
discharging its debts. The dissolution is effective when all debts | ||
have been discharged. | ||
SECTION 2. The Alamo Management District initially includes | ||
all the territory contained in the following area: | ||
From the midpoint of the intersection of W Market Street and N | ||
Presa Street; Northward along N Presa Street, to the intersection | ||
of E Houston Street and N Presa Street; Eastward along E Houston | ||
Street to the intersection of E Houston Street and Jefferson; | ||
Northward along Jefferson to the intersection of Jefferson and E | ||
Travis Street; Eastward along E Travis Street, to the intersection | ||
of N Alamo Street and E Travis Street; Northeastward along N Alamo | ||
Street to the intersection of 4th Street and N Alamo Street; | ||
Southeastward along 4th Street to the intersection of Bonham Street | ||
and 4th Street; Northeastward along Bonham Street to the | ||
intersection of Elm Street and Bonham Street; Southward along Elm | ||
Street to the intersection of E Houston Street and Elm Street; | ||
Eastward along E Houston Street to IH-37; Southeastward along the | ||
south-bound lanes of IH-37, to the intersection of IH-37 and E | ||
Market Street; West-northwestward along E Market Street to the | ||
point of origin, the intersection of W Market Street and N Presa | ||
Street. | ||
SECTION 3. (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) The general law relating to consent by political | ||
subdivisions to the creation of districts with conservation, | ||
reclamation, and road powers and the inclusion of land in those | ||
districts has been complied with. | ||
(e) 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 4. 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, 2017. | ||
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