Bill Text: TX HB3812 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the powers and duties of the Imperial Redevelopment District; providing authority to impose a tax and issue bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-16 - Referred to Intergovernmental Relations [HB3812 Detail]
Download: Texas-2011-HB3812-Engrossed.html
82R16169 NAJ-F | ||
By: Howard of Fort Bend | H.B. No. 3812 |
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relating to the powers and duties of the Imperial Redevelopment | ||
District; providing authority to impose a tax and issue bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 8150.001, Special District Local Laws | ||
Code, is amended by adding Subdivision (2-a) to read as follows: | ||
(2-a) "County" means Fort Bend County, Texas. | ||
SECTION 2. Section 8150.002, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8150.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district in Fort Bend County created under | ||
Section 59, Article XVI, Texas Constitution, and is essential to | ||
accomplish the purposes of Sections [ |
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III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas | ||
Constitution, and other public purposes stated in this chapter. | ||
SECTION 3. Subchapter A, Chapter 8150, Special District | ||
Local Laws Code, is amended by adding Section 8150.0025 to read as | ||
follows: | ||
Sec. 8150.0025. DECLARATION OF INTENT. (a) By creating the | ||
district and in authorizing the city, the 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 district is necessary to promote, develop, | ||
encourage, and maintain employment, commerce, transportation, | ||
housing, tourism, recreation, the arts, entertainment, economic | ||
development, safety, and the public welfare in the district. | ||
(c) This chapter and the creation of the district may not be | ||
interpreted to relieve the city or the county from providing | ||
services to the area in the district. The district is created to | ||
supplement and not to supplant city and county services provided in | ||
the district. | ||
SECTION 4. Section 8150.003, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8150.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
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 [ |
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III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas | ||
Constitution, and other powers granted under this chapter. | ||
(b) The district is created for the [ |
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(1) a municipal utility district as provided by | ||
Section 54.012, Water Code; | ||
(2) [ |
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52, Article III, Texas Constitution, that relate to the | ||
construction, acquisition, improvement, operation, or maintenance | ||
of macadamized, graveled, or paved roads, or improvements in aid of | ||
those roads, including drainage improvements [ |
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(3) the purchase, construction, acquisition, | ||
ownership, improvement, maintenance, and operation of the public | ||
works and public improvements authorized for a tax increment | ||
reinvestment zone operating under Chapter 311, Tax Code, and a | ||
municipal management district operating under Chapter 375, Local | ||
Government Code. | ||
(c) The district is created to serve a public use and | ||
benefit. | ||
(d) 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. | ||
(e) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business 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 beauty. | ||
(f) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, vehicle parking, and street art objects are parts of | ||
and necessary components of a street and are considered to be a | ||
street or road improvement. | ||
(g) 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. | ||
SECTION 5. Subchapter A, Chapter 8150, Special District | ||
Local Laws Code, is amended by adding Section 8150.0035 to read as | ||
follows: | ||
Sec. 8150.0035. FINDING ON SPORTS AND COMMUNITY VENUES. A | ||
sports and community venue facility is considered to be a park and | ||
recreational facility. | ||
SECTION 6. Subchapter C, Chapter 8150, Special District | ||
Local Laws Code, is amended by adding Sections 8150.1025, 8150.105, | ||
8150.106, 8150.107, 8150.108, 8150.109, and 8150.110 to read as | ||
follows: | ||
Sec. 8150.1025. MUNICIPAL MANAGEMENT DISTRICT PROJECTS AND | ||
SERVICES. The district may provide, design, construct, acquire, | ||
improve, relocate, operate, maintain, or finance an improvement, | ||
improvement project, or service using money available to the | ||
district, or contract with a governmental or private entity to | ||
provide, design, construct, acquire, improve, relocate, operate, | ||
maintain, or finance an improvement, improvement project, or | ||
service authorized under this chapter or Chapter 375, Local | ||
Government Code. | ||
Sec. 8150.105. DEVELOPMENT CORPORATION POWERS. The | ||
district, using money available to the district, may exercise the | ||
powers given to a development corporation under Chapter 505, Local | ||
Government Code, including the power to own, operate, acquire, | ||
construct, lease, improve, or maintain a project under that | ||
chapter. | ||
Sec. 8150.106. NONPROFIT CORPORATION. (a) The board by | ||
resolution may authorize the creation of a nonprofit corporation to | ||
assist and act for the district in implementing a project or | ||
providing a service authorized by this chapter. | ||
(b) The nonprofit corporation: | ||
(1) has each power of and is considered to be a local | ||
government corporation created under Subchapter D, Chapter 431, | ||
Transportation Code; and | ||
(2) may implement any project and provide any service | ||
authorized by this chapter. | ||
(c) The board shall appoint the board of directors of the | ||
nonprofit corporation. The board of directors of the nonprofit | ||
corporation shall serve in the same manner as the board of directors | ||
of a local government corporation created under Subchapter D, | ||
Chapter 431, Transportation Code, except that a board member is not | ||
required to reside in the district. | ||
Sec. 8150.107. 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. 8150.108. ECONOMIC DEVELOPMENT. (a) The district may | ||
engage in activities that accomplish the economic development | ||
purposes of the district. | ||
(b) The district may establish and provide for the | ||
administration of one or more programs to promote state or local | ||
economic development and to stimulate business and commercial | ||
activity in the district, including programs to: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(c) The district may create economic development programs | ||
and exercise the economic development powers that: | ||
(1) Chapter 380, Local Government Code, provides to a | ||
municipality; and | ||
(2) Subchapter A, Chapter 1509, Government Code, | ||
provides to a municipality. | ||
Sec. 8150.109. PARKING FACILITIES. (a) The district may | ||
acquire, lease as lessor or lessee, construct, develop, own, | ||
operate, and maintain parking facilities or a system of parking | ||
facilities, including lots, garages, parking terminals, or other | ||
structures or accommodations for parking motor vehicles off the | ||
streets and related appurtenances. | ||
(b) The district's parking facilities serve the public | ||
purposes of the district and are owned, used, and held for a public | ||
purpose even if leased or operated by a private entity for a term of | ||
years. | ||
(c) The district's parking facilities are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(d) The development and operation of the district's parking | ||
facilities may be considered an economic development program. | ||
Sec. 8150.110. SPORTS AND COMMUNITY VENUE FACILITIES. (a) | ||
The district may acquire, sell, lease as lessor or lessee, convey, | ||
construct, finance, develop, own, operate, maintain, acquire real | ||
property interests for, demolish, or reconstruct a sports and | ||
community venue facility. | ||
(b) A sports and community venue facility authorized under | ||
this section includes: | ||
(1) an arena, coliseum, stadium, or other type of area | ||
or facility that is used or is planned for use for one or more | ||
professional or amateur sports events, community events, other | ||
sports events, promotional events, and other civic or charitable | ||
events; | ||
(2) a convention center facility or related | ||
improvement such as a convention center, civic center, civic center | ||
building, civic center hotel, auditorium, theater, opera house, | ||
music hall, exhibition hall, rehearsal hall, park, performing arts | ||
center, museum, aquarium, or plaza that is located in the vicinity | ||
of a convention center or facility owned by a municipality or a | ||
county; and | ||
(3) a facility related to a sports and community venue | ||
facility, including a store, restaurant, on-site hotel, | ||
concession, or other on-site or off-site improvement that relates | ||
to and enhances the use, value, or appeal of a sports and community | ||
venue, including an area adjacent to the venue, and any other | ||
expenditure reasonably necessary to construct, improve, renovate, | ||
or expand a venue, including an expenditure for environmental | ||
remediation. | ||
SECTION 7. Section 8150.151, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8150.151. ROAD PROJECTS. (a) As authorized by Section | ||
52, Article III, Texas Constitution, the district may construct, | ||
acquire, improve, maintain, or operate, inside and outside the | ||
district, roads and road improvements [ |
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(b) The roads and road improvements [ |
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by Subsection (a) may include drainage, landscaping, pedestrian | ||
improvements, lights, signs, or signals that are incidental to the | ||
roads and their construction, maintenance, or operation. | ||
(c) The roads and road improvements [ |
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by this section must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulatory ordinances of | ||
the city. | ||
(d) On completion of a road or road improvement [ |
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authorized by this section, the district, with the consent of the | ||
city, may convey the road or road improvement [ |
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if the conveyance is free of all indebtedness of the district. If | ||
the city becomes the owner of a road or road improvement [ |
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the city is responsible for all future maintenance and upkeep and | ||
the district has no further responsibility for the road or road | ||
improvement [ |
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otherwise agreed to by the district and the city. | ||
SECTION 8. Section 8150.153, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8150.153. REIMBURSEMENT FOR ROAD PROJECT. (a) The | ||
district may: | ||
(1) reimburse a private person for money spent to | ||
construct a road or road improvement [ |
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or otherwise transferred to public use; or | ||
(2) purchase a road or road improvement [ |
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constructed by a private person. | ||
(b) The amount paid for the reimbursement or for the | ||
purchase of a road or road improvement [ |
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(a) may: | ||
(1) include all construction costs, including | ||
engineering, legal, financing, and other expenses incident to the | ||
construction; or | ||
(2) be at a price not to exceed the replacement cost of | ||
the road or road improvement [ |
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(c) The reimbursement or purchase of a road or road | ||
improvement [ |
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of the district's bonds or from any other money available to the | ||
district. | ||
(d) The district may enter into an agreement to use the | ||
proceeds of a subsequent bond sale to reimburse a private person | ||
under this section. The agreement may provide the terms and | ||
conditions under which the road or road improvement [ |
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to be dedicated or transferred for the benefit of the public. | ||
SECTION 9. Section 8150.201(a), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(a) The district may issue, without an election, bonds and | ||
other obligations secured by: | ||
(1) revenue [ |
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other than ad valorem taxation; or | ||
(2) contract payments described by Section 8150.203. | ||
SECTION 10. The heading to Section 8150.202, Special | ||
District Local Laws Code, is amended to read as follows: | ||
Sec. 8150.202. OPERATION AND MAINTENANCE [ |
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SECTION 11. Section 8150.202, Special District Local Laws | ||
Code, is amended by amending Subsection (a) and adding Subsection | ||
(c) to read as follows: | ||
(a) If authorized by a majority of the district voters | ||
voting at an election held for that purpose [ |
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accordance with Section 49.107, Water Code, for any district | ||
purpose, including to: | ||
(1) operate and maintain the district; | ||
(2) construct or acquire improvements; and | ||
(3) provide a service [ |
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(c) Section 49.107(h), Water Code, does not apply to the | ||
district. | ||
SECTION 12. Subchapter E, Chapter 8150, Special District | ||
Local Laws Code, is amended by adding Sections 8150.203, 8150.204, | ||
8150.205, 8150.206, 8150.207, and 8150.208 to read as follows: | ||
Sec. 8150.203. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
Sec. 8150.204. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may acquire, construct, finance, operate, or maintain | ||
any improvement or service authorized under this chapter or Chapter | ||
375, Local Government Code, using any money available to the | ||
district. | ||
Sec. 8150.205. PETITION REQUIRED FOR FINANCING SERVICES AND | ||
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | ||
service or improvement project with assessments under this chapter | ||
unless a written petition requesting that service or improvement | ||
has been filed with the board. | ||
(b) The petition must be signed by the owners of a majority | ||
of the assessed value of real property in the district subject to | ||
assessment according to the most recent certified tax appraisal | ||
roll for the county. | ||
Sec. 8150.206. METHOD OF NOTICE FOR HEARING. The district | ||
may mail the notice required by Section 375.115(c), Local | ||
Government Code, by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 8150.207. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment under | ||
Subchapter F, Chapter 375, Local Government Code, for any purpose | ||
authorized by this chapter or Chapter 375, Local Government Code, | ||
in all or any part of the district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(d) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 8150.208. TAX AND ASSESSMENT ABATEMENTS. The district | ||
may designate reinvestment zones and may grant abatements of a tax | ||
or assessment on property in the zones. | ||
SECTION 13. Section 8150.251, Special District Local Laws | ||
Code, is amended by amending Subsection (a) and adding Subsection | ||
(c) to read as follows: | ||
(a) The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, assessments, impact | ||
fees, revenue, contract payments, grants, or other district money, | ||
or any combination of those sources, to pay for any authorized | ||
district purpose. | ||
(c) The limitation on the outstanding principal amount of | ||
bonds, notes, and other obligations provided by Section 49.4645, | ||
Water Code, does not apply to the district. | ||
SECTION 14. Section 8150.252, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8150.252. TAXES FOR BONDS AND OTHER OBLIGATIONS. At | ||
the time the district issues bonds [ |
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wholly or partly from ad valorem taxes, [ |
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imposition of [ |
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without limit as to rate or amount, while [ |
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or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code [ |
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SECTION 15. Subchapter F, Chapter 8150, Special District | ||
Local Laws Code, is amended by adding Section 8150.257 to read as | ||
follows: | ||
Sec. 8150.257. APPROVAL OF CERTAIN BONDS BY TEXAS | ||
COMMISSION ON ENVIRONMENTAL QUALITY. Section 375.208, Local | ||
Government Code, applies to the district. | ||
SECTION 16. (a) The Imperial Redevelopment District may | ||
not exercise a power granted by Section 8150.105, 8150.106, | ||
8150.107, 8150.108, 8150.109, 8150.110, 8150.203, or 8150.208, | ||
Special District Local Laws Code, as added by this Act, until the | ||
governing body of the City of Sugar Land consents to the power by | ||
adopting a resolution or ordinance. The governing body may consent | ||
to some or all of the sections through the resolution or ordinance. | ||
The governing body may not modify a section. | ||
(b) This section does not affect any consent or | ||
authorization granted by the City of Sugar Land to the Imperial | ||
Redevelopment District before the effective date of this Act. | ||
SECTION 17. This Act does not affect bonds or other | ||
obligations issued before the effective date of this Act. Bonds or | ||
other obligations issued before the effective date of this Act are | ||
governed by the law in effect when the bonds or other obligations | ||
were issued, and that law is continued in effect for that purpose. | ||
SECTION 18. Sections 8150.253, 8150.255, and 8150.256, | ||
Special District Local Laws Code, are repealed. | ||
SECTION 19. (a) The legislature validates and confirms all | ||
acts and proceedings of the Board of Directors of the Imperial | ||
Redevelopment District that were taken before the effective date of | ||
this Act. | ||
(b) Subsection (a) of this section does not apply to any | ||
matter that on the effective date of this Act: | ||
(1) is involved in litigation if the litigation | ||
ultimately results in the matter being held invalid by a final | ||
judgment of a court; or | ||
(2) has been held invalid by a final judgment of a | ||
court. | ||
SECTION 20. (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 21. 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, 2011. |