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AN ACT
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relating to the board of directors of the Near Northside Management |
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District and to the district's boundaries and territory. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2, Chapter 358, Acts of the 82nd |
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Legislature, Regular Session, 2011, is amended to read as follows: |
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Sec. 2. BOUNDARIES. The Near Northside Management District |
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initially includes all the territory contained in the following |
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area: |
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In Harris County, Texas, the territory enclosed by Loop 610 as the |
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north boundary, Lockwood Dr. as the east boundary, Buffalo Bayou |
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[Interstate 10] as the south boundary, and Jensen Dr. as the west |
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boundary. |
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SECTION 2. Subchapter A, Chapter 3905, Special District |
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Local Laws Code, is amended by adding Section 3905.009 to read as |
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follows: |
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Sec. 3905.009. OVERLAPPING TERRITORY. (a) If territory in |
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the district overlaps with the boundaries of another district |
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created before June 17, 2011, that has the powers of a district |
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created under Chapter 375, Local Government Code, the overlapping |
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territory is excluded from the territory of the district that was |
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created first, regardless of whether the territory overlapped on |
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June 17, 2011. |
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(b) The exclusion of territory under this section does not |
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diminish or impair the rights of the holders of any outstanding and |
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unpaid bonds, warrants, or other district obligations. The district |
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that was created first shall continue to impose fees, taxes, or |
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assessments, if any, on the excluded territory at the same rate |
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imposed on other territory in the district until the total amount of |
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fees, taxes, or assessments collected from the excluded territory |
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equals its pro rata share of the indebtedness of the district at the |
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time the territory was excluded. All fees, taxes, or assessments |
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collected in the excluded territory by the district that was |
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created first shall be applied to the payment of the excluded |
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territory's pro rata share of indebtedness. The owner of all or part |
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of the excluded territory at any time may pay in full the owner's |
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share of the excluded territory's pro rata share of the |
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indebtedness at the time the territory was excluded. |
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(c) If the district that was created first does not have any |
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outstanding and unpaid bonds, warrants, or other district |
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obligations, but imposes assessments under an assessment plan |
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adopted before May 1, 2013, the district may continue to impose |
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those assessments on the excluded territory at the same rate |
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imposed on other territory in the district to satisfy the |
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requirements of that assessment plan. All assessments collected in |
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the excluded territory by the district that was created first shall |
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be applied to satisfy the requirements of the assessment plan. |
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SECTION 3. Sections 3905.051 and 3905.056, Special District |
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Local Laws Code, are amended to read as follows: |
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Sec. 3905.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of 12 [nine] directors who serve staggered terms |
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of three years, with four [three] directors' terms expiring June 1 |
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of each year. |
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Sec. 3905.056. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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| Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors serving |
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in positions 1, 2, and 3 expire June 1, 2013, the terms of directors |
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serving in positions 4, 5, [and] 6, and 10 expire June 1, 2014, |
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[and] the terms of directors serving in positions 7, 8, [and] 9, and |
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11 expire June 1, 2015, and the term of the director serving in |
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position 12 expires June 1, 2016. |
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(c) Section 3905.052 does not apply to the initial |
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directors. |
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(d) This section expires September 1, 2016 [2015]. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with. |
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(e) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2138 was passed by the House on May 9, |
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2013, by the following vote: Yeas 134, Nays 4, 5 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2138 on May 22, 2013, by the following vote: Yeas 144, Nays 3, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2138 was passed by the Senate, with |
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amendments, on May 20, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |
