Bill Text: TX SB900 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the Aldine Improvement District; providing authority to impose a tax.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2011-06-17 - Effective immediately [SB900 Detail]
Download: Texas-2011-SB900-Comm_Sub.html
Bill Title: Relating to the Aldine Improvement District; providing authority to impose a tax.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2011-06-17 - Effective immediately [SB900 Detail]
Download: Texas-2011-SB900-Comm_Sub.html
By: Gallegos | S.B. No. 900 | |
(In the Senate - Filed February 23, 2011; March 1, 2011, | ||
read first time and referred to Committee on Intergovernmental | ||
Relations; March 28, 2011, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 4, Nays 0; | ||
March 28, 2011, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 900 | By: Gallegos |
|
||
|
||
relating to the Aldine Improvement District; providing authority to | ||
impose a tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 3817, Special District | ||
Local Laws Code, is amended to read as follows: | ||
CHAPTER 3817. EAST ALDINE MANAGEMENT [ |
||
SECTION 2. Subdivision (2), Section 3817.001, Special | ||
District Local Laws Code, is amended to read as follows: | ||
(2) "District" means the East Aldine Management | ||
[ |
||
SECTION 3. Section 3817.002, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 3817.002. EAST ALDINE MANAGEMENT [ |
||
DISTRICT. The East Aldine Management [ |
||
special district created under Section 59, Article XVI, Texas | ||
Constitution. | ||
SECTION 4. Subsection (b), Section 3817.005, Special | ||
District Local Laws Code, is amended to read as follows: | ||
(b) The boundaries and field notes of the district | ||
[ |
||
|
||
|
||
field notes or in copying the field notes in the legislative process | ||
does not in any way affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for a purpose for | ||
which the district is created or to pay the principal of and | ||
interest on the bond; | ||
(3) right to impose or collect an assessment or tax; or | ||
(4) legality or operation. | ||
SECTION 5. Section 3817.154, Special District Local Laws | ||
Code, is amended by amending Subsection (a) and adding Subsections | ||
(e) and (f) to read as follows: | ||
(a) The district may impose a sales and use tax if | ||
authorized by a majority of the voters of the district voting at an | ||
election called for that purpose. Revenue from the tax may be used | ||
for any purpose for which [ |
||
may be used. | ||
(e) The board may establish one or more areas in the | ||
district as a special sales and use tax zone if the board finds that | ||
a reasonable distinction exists that justifies a special sales and | ||
use tax rate in the area. The special sales and use tax rate may be | ||
different than the sales and use tax rate imposed in the rest of the | ||
district if the special sales and use tax rate is approved by a | ||
majority of the voters of the special sales and use tax zone at an | ||
election held for that purpose. Subsections (b)-(d) apply to a | ||
special sales and use tax imposed under this subsection in the same | ||
manner as the sales and use tax imposed under Subsection (a). | ||
(f) There are exempted from a special sales and use tax | ||
imposed by the district under Subsection (e) the sale, production, | ||
distribution, lease, or rental of, and the use, storage, or other | ||
consumption within a special sales and use tax zone of, a taxable | ||
item sold, leased, or rented by: | ||
(1) a retail electric provider as defined by Section | ||
31.002, Utilities Code; | ||
(2) an electric utility or a power generation company | ||
as defined by Section 31.002, Utilities Code; | ||
(3) a gas utility as defined by Section 101.003 or | ||
121.001, Utilities Code, or a person who owns pipelines used for the | ||
transportation or sale of oil or gas or a product or constituent of | ||
oil or gas; | ||
(4) a person who owns pipelines used for the | ||
transportation or sale of carbon dioxide; | ||
(5) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(6) a cable service provider or video service provider | ||
as defined by Section 66.002, Utilities Code. | ||
SECTION 6. The following territory is added to the | ||
territory of the East Aldine Management District, formerly known as | ||
the Aldine Improvement District: | ||
Tract 1-BEGINNING at the northwestern corner of the boundary | ||
of the East Aldine Management District at the north right of way of | ||
Aldine Bender Road and the east boundary of Greater Greenspoint | ||
Management District; | ||
THENCE, northerly along the east boundary of Greater | ||
Greenspoint Management District to the southern boundary of Greens | ||
Parkway Municipal Utility District ("GPMUD"); | ||
THENCE, east along the southern boundary of GPMUD to the | ||
point at which the GPMUD boundary turns north at the right of way of | ||
Greens Road; | ||
THENCE, continuing east along the north right of way of | ||
Greens Road to the intersection of Greens Road and the City of | ||
Houston full-purpose boundary line; | ||
THENCE, south along the City of Houston full-purpose boundary | ||
line, across Beltway 8 to the point at which the City of Houston | ||
full-purpose boundary line intersects the northern boundary of East | ||
Aldine Management District at Aldine Bender Road; | ||
THENCE, west along the northern boundary line of East Aldine | ||
Management District, TO THE POINT OF BEGINNING. | ||
Tract 2-BEGINNING at the point at which the northern boundary | ||
line of the East Aldine Management District intersects the City of | ||
Houston full-purpose boundary line on the east side of the right of | ||
way of Aldine Bender Road; | ||
THENCE, north along the City of Houston full-purpose boundary | ||
line to the point at which the City of Houston full-purpose boundary | ||
line turns east; | ||
THENCE, generally east along the City of Houston full-purpose | ||
boundary line to the point at which the City of Houston full-purpose | ||
boundary line reaches the right of way of John F. Kennedy Boulevard, | ||
then south along the same City of Houston full-purpose boundary | ||
line to the right of way of Aldine Bender Road where it meets the | ||
north boundary line of East Aldine Management District; | ||
THENCE, west along the north boundary line of East Aldine | ||
Management District, to the POINT OF BEGINNING. | ||
Tract 3-BEGINNING at the point at which the western boundary | ||
line of the East Aldine Management District intersects the north | ||
easement of Harris County Flood Control District (HCFCD) drainage | ||
ditch (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou); | ||
THENCE, westerly along the north easement of HCFCD drainage | ||
ditch (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou) to east | ||
boundary of City of Houston full-purpose boundary line; | ||
THENCE, south along east boundary of City of Houston | ||
full-purpose boundary line, across HCFCD easement of drainage ditch | ||
(#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou) to north | ||
boundary of Colonial Hills Subdivision | ||
THENCE, west along the north boundary of Colonial Hills | ||
Subdivision to northwest corner of said subdivision; | ||
THENCE, southerly along the west boundary of Colonial Hills | ||
Subdivision to southwest corner of said subdivision; | ||
THENCE east along the south boundary of Colonial Hills | ||
Subdivision to southeast corner of said subdivision; | ||
THENCE, north along the east boundary of Colonial Hills | ||
Subdivision to northeast corner of said subdivision and south | ||
easement of HCFCD drainage ditch (#9 DD-7, P138-00-00 tributary | ||
24.97 to Greens Bayou); | ||
THENCE easterly along the south easement of HCFCD drainage | ||
ditch (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou) to west | ||
boundary of existing East Aldine Management District; | ||
THENCE, north along west boundary of existing East Aldine | ||
Management District, across easement of HCFCD drainage ditch (#9 | ||
DD-7, P138-00-00 tributary 24.97 to Greens Bayou), to the POINT OF | ||
BEGINNING. | ||
SECTION 7. (a) The legislature validates and confirms all | ||
governmental acts and proceedings of the Aldine Improvement | ||
District, now known as the East Aldine Management District, that | ||
were taken before the effective date of this Act. An act or | ||
proceeding may not be held invalid because the act or proceeding was | ||
not in accordance with Chapter 3817, Special District Local Laws | ||
Code, or other law. | ||
(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 reference in law to the Aldine Improvement | ||
District means the East Aldine Management District. | ||
SECTION 9. (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 10. 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. | ||
* * * * * |