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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of the Bolivar Management District; providing |
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authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3796 to read as follows: |
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CHAPTER 3796. BOLIVAR MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3796.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "City" means the City of Galveston. |
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(3) "County" means Galveston County. |
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(4) "District" means the Bolivar Management District. |
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Sec. 3796.002. BOLIVAR MANAGEMENT DISTRICT. The Bolivar |
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Management District is a special district created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 3796.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the county and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the area of the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the county from providing the level of |
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services provided, as of the effective date of the Act enacting this |
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chapter, to the area in the district. The district is created to |
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supplement and not to supplant the county services provided in the |
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area in the district. |
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Sec. 3796.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of development and |
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diversification of the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, employees, visitors, and consumers in the |
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district, and of the public; |
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(2) provide needed funding to preserve, maintain, and |
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enhance the economic health and vitality of the district as a |
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community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, and street art objects are parts of and necessary |
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components of a street and are considered to be a street or road |
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improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests, as well as the public. |
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Sec. 3796.005. DISTRICT TERRITORY. (a) The district is |
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initially composed of the territory described by Section 2 of the |
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Act enacting this chapter. |
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(b) The boundaries and field notes of the district contained |
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in Section 2 of the Act enacting this chapter form a closure. A |
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mistake made in the field notes or in copying the field notes in the |
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legislative process does not in any way affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds, notes, or other |
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obligations for a purpose for which the district is created or to |
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pay the principal of and interest on the bonds, notes, or other |
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obligations; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3796.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 3796.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3796.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be construed liberally in conformity with the |
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findings and purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3796.051. GOVERNING BODY; TERMS. (a) Except as |
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provided by Subsection (c), the district is governed by a board of |
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five directors appointed under Section 3796.052. |
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(b) Voting directors serve staggered terms of four years, |
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with two or three directors' terms expiring June 1 of each |
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odd-numbered year. |
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(c) The board by resolution may increase or decrease the |
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number of directors on the board if the board finds it is in the best |
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interest of the district. The board may not consist of fewer than 5 |
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or more than 15 directors. |
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Sec. 3796.052. APPOINTMENT OF DIRECTORS. The governing |
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body of the county shall appoint the directors from a list of |
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persons recommended by the board. |
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Sec. 3796.053. CONFLICTS OF INTEREST. (a) Except as |
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provided by this section: |
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(1) a director may participate in all board votes and |
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decisions; and |
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(2) Chapter 171, Local Government Code, governs |
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conflicts of interest for directors. |
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(b) A director who is also an officer or employee of a public |
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entity may not participate in the discussion of or vote on a matter |
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regarding a contract with that public entity. |
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Sec. 3796.054. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one and two expire June 1, 2019, and the |
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terms of directors appointed for positions three through five |
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expire June 1, 2021. |
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(c) Section 3796.052 does not apply to this section. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3796.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3796.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using money available to the district, or contract with a |
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governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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under Chapter 375, Local Government Code. |
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(b) An improvement project described by Subsection (a) may |
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be located inside or outside the district. |
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Sec. 3796.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may own, operate, |
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maintain, design, acquire, construct, finance, issue bonds, notes, |
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or other obligations for, improve, and convey to this state, a |
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county, or a municipality for ownership, operation, and maintenance |
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macadamized, graveled, or paved roads or improvements, including |
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storm drainage, in aid of those roads. |
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Sec. 3796.104. CONVEYANCE AND APPROVAL OF ROAD PROJECT. |
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(a) The district may convey a road project authorized by Section |
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3796.103 to: |
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(1) a municipality or county that will operate and |
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maintain the road if the municipality or county has approved the |
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plans and specifications of the road project; or |
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(2) the state if the state will operate and maintain |
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the road and the Texas Transportation Commission has approved the |
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plans and specifications of the road project. |
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(b) Except as provided by Subsection (c), the district shall |
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operate and maintain a road project authorized by Section 3796.103 |
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that the district implements and does not convey to a municipality, |
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a county, or this state under Subsection (a). |
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(c) The district may agree in writing with a municipality, a |
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county, or this state to assign operation and maintenance duties to |
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the district, the municipality, the county, or this state in a |
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manner other than the manner described in Subsections (a) and (b). |
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Sec. 3796.105. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3796.106. ADDITIONAL POWERS OF DISTRICT. The district |
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may exercise the powers given to a district governed by Subchapters |
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E and M, Chapter 60, Water Code, and Section 61.116, Water Code. |
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Sec. 3796.107. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered for purposes of |
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this chapter to be a local government corporation created under |
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Subchapter D, Chapter 431, Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3796.108. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3796.109. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with the county or the |
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city to provide law enforcement services in the district for a fee. |
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Sec. 3796.110. COMPETITIVE BIDDING. Section 375.221, Local |
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Government Code, applies to the district, but only for a contract |
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that has a value greater than $15,000. |
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Sec. 3796.111. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3796.112. ECONOMIC DEVELOPMENT PROGRAMS. The district |
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may establish and provide for the administration of one or more |
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programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 3796.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3796.152. TAX AND BOND ELECTIONS. (a) The district |
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shall hold an election in the manner provided by Subchapter L, |
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Chapter 375, Local Government Code, to obtain voter approval before |
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the district imposes a maintenance tax or issues bonds payable from |
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ad valorem taxes. |
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(b) The board may not include more than one purpose in a |
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single proposition at an election. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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Sec. 3796.153. MAINTENANCE AND OPERATION TAX. (a) If |
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authorized at an election held in accordance with Section 3796.152, |
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the district may impose an annual ad valorem tax on taxable property |
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in the district for the: |
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(1) maintenance and operation of the district and the |
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improvements constructed or acquired by the district; or |
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(2) provision of a service. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 3796.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose an assessment for any |
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purpose authorized by this chapter. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3796.155. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS. (a) The board may not finance a service or |
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improvement project with assessments under this chapter unless a |
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written petition requesting that service or improvement has been |
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filed with the board. |
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(b) The petition must be signed by the owners of a majority |
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of the assessed value of real property in the district subject to |
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assessment according to the most recent certified tax appraisal |
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roll for the county. |
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Sec. 3796.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3796.157. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue bonds or other obligations payable wholly or |
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partly from ad valorem taxes, assessments, impact fees, revenue, |
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grants, or other money of the district, or any combination of those |
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sources of money, to pay for any authorized purpose of the district. |
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(b) In exercising the district's power to borrow, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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Sec. 3796.158. COUNTY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. The county is not required to pay a bond, note, or |
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other obligation of the district. |
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Sec. 3796.159. TAX AND ASSESSMENT ABATEMENTS. Without |
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further authorization or other procedural requirement, the |
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district may grant, consistent with Chapter 312, Tax Code, an |
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abatement for a tax or assessment owed to the district. |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 3796.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
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DEBT. (a) The board may vote to dissolve a district that has debt. |
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If the vote is in favor of dissolution, the district shall remain in |
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existence solely for the limited purpose of discharging its debts. |
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The dissolution is effective when all debts have been discharged. |
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(b) Section 375.264, Local Government Code, does not apply |
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to the district. |
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SECTION 2. The Bolivar Management District initially |
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includes all the territory contained in the following area: |
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Land lying and being situated in Galveston County, Texas, out |
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of the Port Bolivar Townsite, Samuel Parr Survey, Abstract No. 162, |
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Galveston County, Texas as follows: |
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Block Lot(s) |
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320 1-33 |
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345 13-24 |
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346 1-34 |
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Water Lots # 33 - 55 Lying North of Intracoastal Waterway. |
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SECTION 3. (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 4. 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, 2017. |
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* * * * * |
