Bill Text: TX HB4150 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the powers and the board of the Harris County Improvement District No. 12.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-05-14 - Left pending in committee [HB4150 Detail]

Download: Texas-2015-HB4150-Introduced.html

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84R17719 JXC-F
By: Miles H.B. No. 4150

A BILL TO BE ENTITLED
AN ACT
relating to the powers and the board of the Harris County
Improvement District No. 12.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3880.002, Special District Local Laws
Code, is amended to read as follows:
Sec. 3880.002. NATURE OF DISTRICT; IMMUNITY. (a) The
Harris County Improvement District No. 12 is a special district
created under Section 59, Article XVI, Texas Constitution.
(b) The district is a governmental unit, as provided by
Section 375.004, Local Government Code.
(c) This chapter does not waive any governmental or
sovereign immunity from suit, liability, or judgment that would
otherwise apply to the district.
SECTION 2. Section 3880.004(d), Special District Local Laws
Code, is amended to read as follows:
(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, road facilities,
parking facilities, recreational facilities, and public art
objects 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, and drainage[,
road, and recreational] facilities for the district.
SECTION 3. Subchapter A, Chapter 3880, Special District
Local Laws Code, is amended by adding Section 3880.009 to read as
follows:
Sec. 3880.009. CONFLICTS OF LAW. This chapter prevails
over any provision of general law, including a provision of Chapter
375, Local Government Code, or Chapter 49, Water Code, that is in
conflict or inconsistent with this chapter.
SECTION 4. Subchapter B, Chapter 3880, Special District
Local Laws Code, is amended by adding Section 3880.057 to read as
follows:
Sec. 3880.057. QUALIFICATION OF DIRECTORS. (a) Section
49.052, Water Code, applies to the district.
(b) A director is not required to:
(1) own property in the district;
(2) own a beneficial interest in a trust that owns
property within the district; or
(3) be an agent, employee, or tenant of a person
covered by Subdivision (1) or (2).
SECTION 5. Section 3880.153, Special District Local Laws
Code, is amended to read as follows:
Sec. 3880.153. RULES. In addition to rules and regulations
adopted under the district's general rulemaking authority in
Section 375.096(c), Local Government Code, the [The] district may
adopt and enforce rules governing the district's public parking
facilities.
SECTION 6. Chapter 3880, Special District Local Laws Code,
is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. DISSOLUTION
Sec. 3880.301. Notwithstanding Section 375.263(b), Local
Government Code, on dissolution of the district, the district's
assets escheat to the state.
SECTION 7. (a) The legislature confirms and validates all
actions of the Harris County Improvement District No. 12 that
relate to the bond and tax election held in the district on November
8, 2011.
(b) 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 court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 8. (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, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) 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 are fulfilled
and accomplished.
SECTION 9. 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, 2015.