Bill Text: TX HB3858 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of Waller County Improvement District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-17 - Left pending in committee [HB3858 Detail]
Download: Texas-2013-HB3858-Introduced.html
83R12624 JSL-D | ||
By: Bell | H.B. No. 3858 |
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relating to the creation of Waller County Improvement District No. | ||
1; providing authority to issue bonds; providing authority to | ||
impose assessments, fees, or taxes. | ||
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 3915 to read as follows: | ||
CHAPTER 3915. WALLER COUNTY IMPROVEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3915.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Houston. | ||
(3) "County" means Waller County. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Waller County Improvement | ||
District No. 1. | ||
(6) "Rail facilities" includes all real and personal | ||
property owned or held by the district for railroad purposes, | ||
including land, interests in land, buildings, structures, | ||
rights-of-way, easements, franchises, rail lines, stations, | ||
platforms, terminals, rolling stock, garages, shops, equipment, | ||
and facilities including vehicle parking areas and facilities, and | ||
other facilities necessary or convenient for the beneficial use and | ||
access of persons and vehicles to stations, terminals, yards, | ||
vehicles, control houses, signals and land, facilities, and | ||
equipment for the protection and environmental enhancement of those | ||
facilities. | ||
Sec. 3915.002. NATURE OF DISTRICT. The Waller County | ||
Improvement District No. 1 is a special district created under | ||
Section 59, Article XVI, Texas Constitution. | ||
Sec. 3915.003. PURPOSE; DECLARATION OF INTENT. (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, 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 creation of 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 the | ||
level of services provided as of the effective date of the Act | ||
enacting this chapter to the area in the district. The district is | ||
created to supplement and not to supplant city or county services | ||
provided in the district. | ||
Sec. 3915.004. 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, 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; | ||
(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; | ||
and | ||
(4) provide for water, wastewater, drainage, road, and | ||
recreational facilities for the district. | ||
(e) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, rail facilities, and street art objects are | ||
parts of and necessary components of a street or road and 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. | ||
(g) Rail facilities and improvements are necessary and | ||
convenient for the: | ||
(1) use and implementation of the district's road | ||
facilities and improvements; and | ||
(2) development and expansion of transportation in | ||
this state. | ||
Sec. 3915.005. 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 contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bonds for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on bonds; | ||
(3) right to impose or collect an assessment or tax; or | ||
(4) legality or operation. | ||
Sec. 3915.006. 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) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
Sec. 3915.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3915.008. CONSTRUCTION OF CHAPTER. This chapter shall | ||
be liberally construed in conformity with the findings and purposes | ||
stated in this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3915.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five voting directors who serve staggered | ||
terms of four years, with two or three directors' terms expiring | ||
June 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 five or more than nine voting directors. | ||
Sec. 3915.052. APPOINTMENT OF VOTING DIRECTORS. The Texas | ||
Commission on Environmental Quality shall appoint voting directors | ||
from persons recommended by the board. | ||
Sec. 3915.053. NONVOTING DIRECTORS. The board may appoint | ||
nonvoting directors to serve at the pleasure of the voting | ||
directors. | ||
Sec. 3915.054. QUORUM. 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. | ||
Sec. 3915.055. COMPENSATION. A director is entitled to | ||
receive fees of office and reimbursement for actual expenses as | ||
provided by Section 49.060, Water Code. Sections 375.069 and | ||
375.070, Local Government Code, do not apply to the board. | ||
Sec. 3915.056. INITIAL VOTING DIRECTORS. (a) On or after | ||
the effective date of the Act creating this chapter, the owner or | ||
owners of a majority of the assessed value of the real property in | ||
the district according to the most recent certified tax appraisal | ||
roll for the county may submit a petition to the Texas Commission on | ||
Environmental Quality requesting that the commission appoint as | ||
initial voting directors the five persons named in the petition. | ||
The commission shall appoint the five persons named in the petition | ||
as initial directors by position. | ||
(b) Of the initial directors, the terms of directors | ||
appointed for positions one through three expire June 1, 2015, and | ||
the terms of directors appointed for positions four and five expire | ||
June 1, 2017. | ||
(c) Section 3915.052 does not apply to this section. | ||
(d) This section expires September 1, 2017. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3915.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3915.102. IMPROVEMENT PROJECTS AND SERVICES. The | ||
district may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service using any 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 project or service authorized under this chapter or | ||
Chapter 375, Local Government Code. | ||
Sec. 3915.103. 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. 3915.104. 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. 3915.105. 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. 3915.106. LAW ENFORCEMENT SERVICES. To protect the | ||
public interest, the district may contract with a qualified party, | ||
including the county or the city, to provide law enforcement | ||
services in the district for a fee. | ||
Sec. 3915.107. 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. 3915.108. 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 provided to | ||
municipalities by: | ||
(1) Chapter 380, Local Government Code; and | ||
(2) Subchapter A, Chapter 1509, Government Code. | ||
Sec. 3915.109. 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. 3915.110. ANNEXATION OF LAND. The district may annex | ||
land as provided by Subchapter J, Chapter 49, Water Code. | ||
Sec. 3915.111. RAIL FACILITIES. The district may | ||
construct, acquire, improve, maintain, finance, and operate rail | ||
facilities and improvements. | ||
Sec. 3915.112. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3915.151. 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 district money. | ||
Sec. 3915.152. 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. 3915.153. 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) A petition filed under Subsection (a) 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. 3915.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment for any | ||
purpose authorized by this chapter 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. 3915.155. TAX AND ASSESSMENT ABATEMENTS. The district | ||
may designate reinvestment zones and may grant abatements of a tax | ||
or assessment on property in the zones. | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3915.201. ELECTIONS REGARDING TAXES AND BONDS. (a) | ||
The district may issue, without an election, bonds, notes, and | ||
other obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 3915.203. | ||
(b) The district must hold an election in the manner | ||
provided by Subchapter L, Chapter 375, Local Government Code, to | ||
obtain voter approval before the district may impose an ad valorem | ||
tax or issue bonds payable from ad valorem taxes. | ||
(c) Section 375.243, Local Government Code, does not apply | ||
to the district. | ||
(d) All or any part of any facilities or improvements that | ||
may be acquired by a district by the issuance of its bonds may be | ||
submitted as a single proposition or as several propositions to be | ||
voted on at the election. | ||
Sec. 3915.202. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election held in accordance with Section 3915.201, the district may | ||
impose an operation and maintenance tax on taxable property in the | ||
district in accordance with Section 49.107, Water Code, for any | ||
district purpose, including to: | ||
(1) maintain and operate the district; | ||
(2) construct or acquire improvements; or | ||
(3) provide a service. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
(c) Section 49.107(h), Water Code, does not apply to the | ||
district. | ||
Sec. 3915.203. 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. 3915.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS | ||
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms | ||
determined by the board. Section 375.205, Local Government Code, | ||
does not apply to a loan, line of credit, or other borrowing from a | ||
bank or financial institution secured by revenue other than ad | ||
valorem taxes. | ||
(b) The district may issue bonds, notes, 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 of money, | ||
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. | ||
Sec. 3915.205. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct annual ad valorem tax, without limit as to rate or amount, | ||
for each year that all or part of the bonds are outstanding as | ||
required and in the manner provided by Sections 54.601 and 54.602, | ||
Water Code. | ||
SECTION 2. The Waller County Improvement District No. 1 | ||
initially includes all territory contained in the following area: | ||
FIELD NOTES FOR A 92.64 ACRE TRACT OF LAND IN THE H. & T. | ||
C. RAILROAD COMPANY SURVEY SECTION 77, ABSTRACT 156, WALLER COUNTY, | ||
TEXAS, BEING OUT OF AND A PART OF THE RESIDUE OF THAT CERTAIN CALLED | ||
160.0437 ACRE TRACT (TRACT 4) RECORDED IN VOLUME 475, PAGE 502, DEED | ||
RECORDS, WALLER COUNTY, TEXAS, WITH ALL BEARINGS BASED UPON THE | ||
EAST LINE OF SAID SECTION 77 AS BEING NORTH 01 DEGREE 59 MINUTES 55 | ||
SECONDS WEST (ADJOINER CALLED NORTH 01 DEGREE 59 MINUTES 55 SECONDS | ||
WEST). | ||
COMMENCING at a 1/2 inch iron pipe found at the intersection | ||
of the apparent occupied west right-of-way line of Shell Plant Road | ||
(also called Cardiff Road (width varies)) and the apparent occupied | ||
north right-of-way line of McAllister Road (50-feet wide) for the | ||
southeast corner of a called 125.105 acre tract (Tract 3) recorded | ||
in Volume 475, Page 502, Deed Records, Waller County, Texas, said | ||
point being in the west line of an adjoining called 671.451 acre | ||
tract (Tract 4) recorded in Volume 0882, Page 441, Official | ||
Records, Waller County, Texas, from which point a 2-inch iron pipe | ||
found for the southeast corner of said Section 77 bears North 02 | ||
degrees 32 minutes 48 seconds West, 114.43 feet (adjoiner called | ||
North 02 degrees 32 minutes 48 seconds West, 114.43 feet); | ||
THENCE South 88 degrees 44 minutes 46 seconds West (called | ||
North 89 degrees 47 minutes 07 seconds West) along the south line of | ||
said called 125.105 acre tract and said called 160.0437 acre tract, | ||
same being the apparent occupied north right-of-way line of | ||
McAllister Road, 2,670.50 feet to a 1/2 inch iron pipe with cap | ||
marked "Kalkomey Surveying" found on said line for the southeast | ||
corner and Place of Beginning of the herein described tract, said | ||
point also being the southwest corner of an adjoining called 130.57 | ||
acre tract recorded in Volume 1304, Page 415, Official Records, | ||
Waller County, Texas; | ||
THENCE South 88 degrees 44 minutes 46 seconds West (called | ||
North 89 degrees 47 minutes 07 seconds West) along the south line of | ||
the herein described tract and said called 160.0437 acre tract, | ||
same being the apparent occupied north right-of-way line of | ||
McAllister Road, 1,484.40 feet to a point on said line for the | ||
southwest corner of the herein described tract; | ||
THENCE North 01 degree 27 minutes 59 seconds West | ||
establishing the west line of the herein described tract, 2,715.51 | ||
feet to a point for the northwest corner of the herein described | ||
tract, said point being in the north line of said called 160.0437 | ||
acre tract, same being the south line of an adjoining called 160.104 | ||
acre tract (Tract 1) recorded in Volume 475, Page 502, Deed Records, | ||
Waller County, Texas; | ||
THENCE North 88 degrees 30 minutes 52 seconds East (called | ||
East) along the north line of the herein described tract and the | ||
north line of said called 160.0437 acre tract, same being the south | ||
line of said adjoining called 160.104 acre tract, 1,484.39 feet to a | ||
1/2 inch iron pipe found for the northeast corner of the herein | ||
described tract, same being the southeast corner of said adjoining | ||
called 160.104 acre tract, the southwest corner of an adjoining | ||
tract being called the Northeast Quarter of Section 77 recorded in | ||
Volume 442, Page 928, Deed Records, Waller County, Texas, and the | ||
northwest corner of the aforementioned adjoining called 130.57 acre | ||
tract, from which point a found 1-1/2 inch bent iron pipe bears | ||
South 60 degrees 06 minutes 35 seconds West, 9.44 feet; | ||
THENCE South 01 degree 27 minutes 59 seconds East along the | ||
east line of the herein described tract, same being the west line of | ||
said adjoining called 130.57 acre tract, 2,721.52 feet to the Place | ||
of Beginning and containing 92.64 acres of land, more or less. | ||
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, 2013. |