By Coleman H.B. No. 1729
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing the creation of urban forest districts
1-3 under Section 59, Article XVI, Texas Constitution.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 10, Local Government Code, is
1-6 amended by adding Chapter 326 to read as follows:
1-7 CHAPTER 326. URBAN FOREST DISTRICTS
1-8 Section 325.001. SHORT TITLE. This Act may be cited as the
1-9 Texas Urban Forest district Act.
1-10 Section 325.002. LEGISLATIVE FINDINGS. The Legislature
1-11 finds that:
1-12 (a) The Constitution of Texas, Art. 16, Section 59,
1-13 authorizes the Legislature to enact laws for the conservation and
1-14 development of the state's natural resources, including the
1-15 conservation and development of forests and the preservation of the
1-16 quality of the waters of the state.
1-17 (b) The urban areas of the state are in need of legal
1-18 authority to create special purpose districts to develop, redevelop
1-19 and establish urban forest areas, grasslands and other natural
1-20 resources in such areas.
1-21 (c) The establishment, development and redevelopment
1-22 of the state's natural resources of forests and grasslands by a
1-23 special purpose district created under the authority of this Act is
2-1 a public purpose and a public duty that the Legislature declares
2-2 may be performed by the special purpose conservation and
2-3 reclamation districts authorized by this Act.
2-4 (d) The creation of a district under this Act will aid
2-5 in the conservation and development of the State's forests,
2-6 including the forestation of unforested or deforested land and will
2-7 protect and develop the existing and future natural resources of
2-8 the state.
2-9 (e) The creation of a district under this Act will aid
2-10 in the conservation and development of grasslands, including the
2-11 establishment, re-establishment and replanting of such land, will
2-12 protect and increase the state's natural resources, and will reduce
2-13 and minimize the pollution of the waters of the state by run-off
2-14 and reduce the erosion of the productive soils of the state.
2-15 (f) The development and growth of the State's urban
2-16 areas have eliminated forests and grasslands, and municipal
2-17 governments should be authorized to create special purpose
2-18 districts to conserve, develop, establish and maintain the natural
2-19 resources of forests and grassland in the State's urban areas and
2-20 make land available for use for park and recreational purposes by
2-21 municipalities, counties and other political subdivisions.
2-22 (g) The conservation and development of forests and
2-23 grassland by special purpose districts in the urban areas of the
2-24 state will promote the health, safety and welfare of the citizens
2-25 residing in such areas and make such areas more attractive for the
3-1 development and relocation of business and industry to the state.
3-2 (h) The conservation and development of forests and
3-3 grasslands by the district in urban areas by the special purpose
3-4 districts authorized by this Act is a program to aid in the
3-5 development and diversification of the economy of the state, will
3-6 stimulate and foster growth of enterprises based on agriculture and
3-7 will develop and expand the commerce of the state.
3-8 Section 325.003. PURPOSE. A district authorized by this Act
3-9 is created for the purpose of conserving and developing forests and
3-10 grasslands in urban areas as natural resources of the state and
3-11 this Act shall be liberally construed in order to implement the
3-12 conservation and reclamation of such natural resources.
3-13 Section 325.004. DEFINITIONS. In this Act:
3-14 "City" shall mean a municipality having a population of
3-15 50,000 or more.
3-16 "County" shall mean a county having a population of
3-17 190,000 or more, or any county adjacent thereto.
3-18 "Forest project" means development, improvement,
3-19 property, construction, reclamation or conservation of land for the
3-20 purpose of conserving and developing urban forests and grasslands,
3-21 and shall include, without limitation, the forestation and
3-22 reforestation of land, the cultivation, planting, maintenance,
3-23 irrigation, the planting and maintenance of trees, grasses and
3-24 plants of any kind or such projects, including without limitation,
3-25 roads, parking facilities, bridges, culverts, signs, lights,
4-1 facilities for the maintenance of vehicles and equipment, picnic
4-2 facilities, pedestrian and bicycle paths, sidewalks, restrooms,
4-3 water supply and wastewater treatment and disposal facilities for
4-4 such projects; the development and maintenance of forests and
4-5 grasses at the margin of and within lakes, rivers, ponds, bayous,
4-6 bays, wetlands and estuaries or the development and maintenance of
4-7 forest and planted areas on public property or private property,
4-8 including road, highway and street rights-of-way, easements,
4-9 reservoirs, detention basins, reclaimed lands, landfills or
4-10 abandoned railroad rights-of-way and the acquisition, by purchase
4-11 or otherwise, of real property in connection with any forest
4-12 project.
4-13 "Governing Body" shall mean the city council or other body
4-14 that exercises the legislative powers of a city having a population
4-15 of 190,000 or more, or the commissioner's court of a county having
4-16 a population of 190,000 or more, or any county adjacent thereto.
4-17 Section 325.005. PROCEDURE FOR ESTABLISHMENT OF DISTRICT.
4-18 (a) A Forest district may be created in the manner
4-19 prescribed by this section under Article 16, Section 59 of the
4-20 Texas Constitution.
4-21 (b) A city may create a district that has the same
4-22 boundaries and occupies the same territory as the City. A district
4-23 created by a City may also include all of the territory of its area
4-24 of extraterritorial jurisdiction established under Chapter 42,
4-25 Local Gov't. Code.
5-1 (c) A county may create a district that has the same
5-2 boundaries as the county.
5-3 (d) Any person may present a petition, signed by
5-4 twenty-five qualified voters residing in the proposed district, to
5-5 the governing body, at a regular or special session, requesting the
5-6 creation of a district.
5-7 (e) The petition shall include:
5-8 (1) A request that the district be created.
5-9 (2) The general nature of the proposed
5-10 activities and improvements to be performed or made by the
5-11 district.
5-12 (3) An estimate of the cost of the district's
5-13 activities and improvements and a request that taxes be levied for
5-14 the payment of the principal and interest on bonds proposed to be
5-15 issued, if any, and that a maintenance tax be levied for the
5-16 purpose of paying the costs of maintaining the district and its
5-17 improvements.
5-18 (4) The name of the district.
5-19 (5) An affidavit as to the petitioners'
5-20 qualifications.
5-21 Section 325.006. DEPOSIT. At the time the petition is filed
5-22 with the governing body, the petitioner shall deposit $1,000 with
5-23 the clerk of the governing body.
5-24 Section 325.007. HEARING. (a) On presentation of the
5-25 petition, the governing body shall set it for a hearing at a
6-1 regular meeting or session or at a special meeting or session
6-2 called for that purpose. The hearing shall be held not less than
6-3 30 nor more than 60 days from the day the petition is presented.
6-4 (b) The hearing shall be held at the regular meeting
6-5 place of the governing body and may be continued from time to time
6-6 as the governing body sees fit.
6-7 Section 325.008. NOTICE OF HEARING. The governing body
6-8 shall order its clerk to post, at least 20 days before the hearing,
6-9 a copy of the petition with the order of the governing body, at the
6-10 place where notices of meetings of the governing body are posted
6-11 and to cause the notice of the hearing to be published, at least 10
6-12 days before the date of the hearing, in a newspaper of general
6-13 circulation in the city or county.
6-14 Section 325.009. HEARING. (a) The governing body has
6-15 exclusive jurisdiction to hear and determine all contests,
6-16 objections and other matters relating to creating a district and in
6-17 all subsequent proceedings.
6-18 (b) Any person who may be affected by creation of the
6-19 district may appear and contest or support the creation of the
6-20 district, offer testimony for or against the boundaries, show that
6-21 the proposed improvements or operations and activities would or
6-22 would not be of any public utility and would or would not be
6-23 practical and feasible, present evidence of the probable cost of
6-24 the improvements and development, or present any other matter
6-25 relating to the district.
7-1 (c) The governing body may adjourn the hearing from
7-2 day to day, establish and enforce rules concerning the hearing
7-3 including reasonable restriction on the length of time for
7-4 individual speakers and all judgments on decisions rendered by the
7-5 governing body are final.
7-6 Section 325.010. FINDINGS. (a) If the governing body finds
7-7 that the conservation, development and improvement of forest
7-8 resources by the district are feasible and practicable and of
7-9 public benefit and utility and approves the formation of the
7-10 district as set out in the petition, the governing body shall adopt
7-11 a resolution or order creating the district and prescribing the
7-12 territory to be included in the district, subject to the
7-13 confirmation election provided for in this Act. The district shall
7-14 bear the name designated in the resolution or order creating the
7-15 district and, when so created and confirmed at an election held for
7-16 that purpose, shall have and may exercise the powers authorized by
7-17 this Act. All of such findings shall be recorded in the minutes of
7-18 the governing body.
7-19 (b) The governing body may correct any errors in the
7-20 petition, provided that if the governing body makes any correction
7-21 that increases the area of land to be included in the district, the
7-22 governing body shall order that a new notice be published and a new
7-23 hearing be held as in the case of the filing of the petition in the
7-24 first instance.
7-25 (c) If the governing body finds that the conservation,
8-1 development and improvement of urban forests and grasslands by the
8-2 district are unnecessary and would not be practicable or feasible
8-3 and would not be a public benefit or utility, it shall enter these
8-4 findings in the minutes, shall dismiss the petition and use the
8-5 deposit to discharge the governing body's costs in considering such
8-6 petition. However, the dismissal of a petition does not prevent or
8-7 conclude the presentation of a similar petition at a later date.
8-8 Section 325.011. APPOINTMENT OF BOARD OF COMMISSIONERS.
8-9 (a) Immediately following the enactment of the
8-10 resolution or order creating a district that includes only the
8-11 territory of the municipality or the territory of the county, the
8-12 governing body shall appoint five commissioners who shall compose
8-13 the district board of commissioners.
8-14 (b) In the event the district includes the territory
8-15 of the municipality and its area of exterritorial jurisdiction, the
8-16 board of commissioners shall consist of eleven commissioners. Upon
8-17 the creation of the district under Section 325.010, and thereafter
8-18 on or before January 1 of the year following the publication of the
8-19 decennial federal census, the governing body shall determine the
8-20 total population of the city and its area of extraterritorial
8-21 jurisdiction, as well as the population of the city. In the event
8-22 the area of extraterritorial jurisdiction includes more than one
8-23 county, the governing body shall determine the population of such
8-24 area in each county. The governing body shall appoint, for the
8-25 initial and succeeding terms, a total number of commissioners to
9-1 the board of commissioners equal to the product, rounded to the
9-2 nearest integer, of multiplying eleven by a fraction the
9-3 denominator of which is the combined population of the city and its
9-4 area of exterritorial jurisdiction and the numerator of which is
9-5 the population of the city. The commissioners court of each county
9-6 having population in the extraterritorial jurisdiction shall
9-7 appoint a total number of commissioners equal to the product,
9-8 rounded to the nearest whole number, of multiplying eleven by a
9-9 fraction the denominator of which is the combined population of the
9-10 city and the area of extraterritorial jurisdiction and the
9-11 numerator of which is the population of such county in the city's
9-12 area of extraterritorial jurisdiction. In calculating the number
9-13 of commissioners to be appointed by a commissioners court, any
9-14 product containing a fraction of one-half or greater shall be
9-15 rounded to the next highest integer and any product containing a
9-16 fraction of less than one-half shall be rounded to the next lowest
9-17 integer. In the event that the product of such multiplication is
9-18 rounded to zero, the commissioners court shall not appoint a
9-19 commissioner to the district board of commissioners.
9-20 (c) The terms of office of the commissioners shall be
9-21 staggered.
9-22 (1) For a district that includes only the territory of
9-23 the municipality or county, the terms of office for the initial
9-24 appointments to a district board of commissioners shall be one year
9-25 for three commissioners and two years for two commissioners, and
10-1 thereafter each commissioner shall thereafter serve for two year
10-2 terms; or until their successors are appointed and qualify.
10-3 (2) For a district that includes the territory of the
10-4 municipality and its area of extraterritorial jurisdiction the
10-5 initial appointments to a district board of commissioners shall be
10-6 one year for six commissioners and two years for five commissioners
10-7 and thereafter each commissioner shall thereafter serve for two
10-8 years; or until their successors are appointed and qualify.
10-9 (d) Commissioners may be removed from office by a
10-10 two-thirds vote of the commission for malfeasance or nonfeasance in
10-11 office.
10-12 (e) All appointments to the board for the initial
10-13 term, and for subsequent terms, including appointments to fill
10-14 vacancies, shall be made by a majority vote of the governing body
10-15 or the commissioners court, if applicable.
10-16 (f) Each commissioner so appointed shall be a
10-17 qualified voter of the district.
10-18 (g) Each commissioner shall take an oath of office
10-19 before the county judge or presiding officer of the city's
10-20 governing body.
10-21 (h) A commissioner shall execute a bond in the amount
10-22 of $5,000 with a corporate surety authorized to do business in this
10-23 state conditioned on the faithful performance of his duties and
10-24 shall file a copy of such bond with the clerk of the governing
10-25 body.
11-1 (i) At its first meeting the board shall elect from
11-2 its members a chairman, vice-chairman, secretary and such other
11-3 officers it deems necessary and shall adopt bylaws. The board
11-4 shall elect officers for a term of one year each September. The
11-5 board shall meet at least once a month.
11-6 (j) The commissioners shall serve without
11-7 compensation, but may be reimbursed for actual expenses incurred in
11-8 their official capacity of commissioner.
11-9 Section 325.012. CONFIRMATION ELECTION. (a) After the
11-10 original board is organized, at such time as it deems
11-11 implementation of the district feasible, it shall call a
11-12 confirmation and tax election in accordance with the provisions of
11-13 this section.
11-14 (b) The order of the board shall provide for the
11-15 submitting to the qualified electors the question of whether or not
11-16 Section 325.013. NOTICE OF ELECTION. (a) The board shall
11-17 post and publish the notice of the election.
11-18 (b) The notice shall state
11-19 (1) the time and place of holding the election;
11-20 (2) the proposition or propositions to be voted
11-21 on;
11-22 (3) the notice shall contain a copy of the order
11-23 of the board ordering the election.
11-24 Section 325.014. BALLOT. The ballot shall be printed to
11-25 provide for voting for or against the following proposition: "The
12-1 creation of the ( ) forest district, and the levy of a tax
12-2 for the maintenance of the district and its improvements."
12-3 Section 325.015. CONDUCT OF ELECTION. (a) The board shall
12-4 issue an order creating and defining precincts in the proposed
12-5 district and shall name polling places within the precincts.
12-6 (b) The board shall select and appoint the judges and
12-7 other necessary officers of election.
12-8 Section 325.016. CANVASS OF RETURNS AND DECLARATION OF
12-9 RESULTS. (a) Immediately after the election, the election
12-10 officers shall make returns of the result to the secretary of the
12-11 board.
12-12 (b) The secretary of the board shall deliver the
12-13 returns of the election to the board at its next regular or special
12-14 meeting.
12-15 (c) At the next meeting following the election the
12-16 board shall canvass and declare the result of the election.
12-17 (d) If a majority of the votes cast in the election
12-18 favor the creation and the levy of a maintenance tax, then the
12-19 board shall declare that the district is created, and that the levy
12-20 of a maintenance tax is authorized and enter the result on its
12-21 minutes.
12-22 (e) If a majority of votes cast in the election are
12-23 against the creation of the district and the levy of a maintenance
12-24 tax, the board shall declare that the district was defeated and
12-25 enter the result in its minutes. If the continued existence of the
13-1 district is not confirmed by an election within three years after
13-2 the effective date of the resolution of the governing body creating
13-3 the district, the district shall cease to exist on the expiration
13-4 of three years.
13-5 Section 325.017. TREASURER. The treasurer of the city or
13-6 county creating the district shall serve ex officio as the
13-7 treasurer of the district without additional compensation. The
13-8 treasurer shall execute a bond with a corporate surety authorized
13-9 to do business in Texas in the same amount as the amount required
13-10 for the city or county treasurer.
13-11 Section 325.018. EMPLOYMENT. The board of the district
13-12 shall have control and management of the affairs of the district
13-13 and may employ any person, firm, partnership or corporation
13-14 considered necessary by the board for the conduct of the affairs of
13-15 the district, including an executive director, auditors, attorneys,
13-16 financial advisor, engineers, and architects.
13-17 Section 325.019. POWER. (a) A district shall administer
13-18 and enforce the provisions of this Act and shall use its land and
13-19 improvements to accomplish the purposes of this Act.
13-20 (b) A district shall have no general regulatory power
13-21 except the power to establish rules governing the district's
13-22 property and improvements.
13-23 (c) A district may contract with any political
13-24 subdivision for law enforcement services or employ and commission
13-25 its own peace officers with power to make arrests when necessary to
14-1 prevent or abate the commission of an offense against the rules of
14-2 the district or against state law.
14-3 (d) No rule or regulation under this section shall be
14-4 effective unless it is approved by the governing body that
14-5 established the district. After final adoption by the Board of
14-6 Commissioners and such governing body of any rule authorized by
14-7 paragraph (b) or paragraph (e) of this Section, the district shall
14-8 publish once a week for two consecutive weeks a copy of such rules
14-9 and regulations in a newspaper of general circulation in the
14-10 district. Subsequent amendments to the rules and regulations shall
14-11 be published at least once in a newspaper of general circulation in
14-12 the district.
14-13 (e) The board of commissioners may set reasonable
14-14 penalties for the breach of a district rule or regulation that may
14-15 not exceed a fine of $200, confinement in the county jail for more
14-16 than 30 days or both the fine and confinement. A penalty is in
14-17 addition to any other penalty provided by state law and may be
14-18 enforced by a complaint filed in the appropriate court of
14-19 jurisdiction in the county in which the offense occurred.
14-20 Section 325.020. GENERAL POWERS. A district shall have, and
14-21 the board may exercise, the following powers:
14-22 (a) To sue and be sued in the name of the district; to
14-23 adopt and use a seal and authorize the use of a facsimile thereof;
14-24 to acquire, by purchase, gift, devise, or otherwise, real and
14-25 personal property, or any interest therein; and to make and execute
15-1 contracts and other instruments necessary or convenient to the
15-2 exercise of its power.
15-3 (b) To contract for the services of consultants to
15-4 perform planning, engineering, legal and other appropriate
15-5 professional services.
15-6 (c) To accept gifts; to apply for and use grants or
15-7 loans of money or other property from the United States, the state,
15-8 an agency or political subdivision of the state, or any person for
15-9 any district purposes and enter into agreements required in
15-10 connection therewith; and to hold, use, and dispose of such money
15-11 or property for any district purposes in accordance with the terms
15-12 of the gift, grant loan or agreement relating thereto.
15-13 (d) To adopt resolutions and orders prescribing the
15-14 powers, duties and functions of the officers and employees of the
15-15 district; the conduct of the business of the district; and the form
15-16 of all other documents and records of the district.
15-17 (e) To maintain an office at such place or places as
15-18 it may designate within the district.
15-19 (f) to hold, control, and acquire by donation,
15-20 dedication, purchase or condemnation any public easements or
15-21 reservations for district purposes and to accept or make use of
15-22 such easements, dedications or reservations for any of the
15-23 purposes.
15-24 (g) To lease as lessor or lessee from any person,
15-25 firm, corporation, association or entity, public or private, any
16-1 projects, property or facility of any nature for the use of the
16-2 district to carry out any of the purposes authorized by this Act.
16-3 (h) To borrow money and issue bonds, certificates,
16-4 warrants, notes or other evidences of indebtedness as hereinafter
16-5 provided.
16-6 (i) To raise, by user charges, fees, rents and
16-7 payments under contracts, all as authorized by resolution of the
16-8 board, amounts of money which are necessary for the conduct of the
16-9 district activities and to enforce their receipt and collection in
16-10 the manner prescribed by resolution not inconsistent with law.
16-11 (j) To exercise the power of eminent domain to acquire
16-12 by condemnation a fee simple or other interest in property that is
16-13 necessary to the exercise of the authority conferred by this Act.
16-14 The district shall exercise the power of eminent domain in the
16-15 manner provided by Chapter 21, Property Code, but the district is
16-16 not required to deposit in the trial court money or a bond as
16-17 provided by subsection (a), Section 21.021, Property Code.
16-18 (k) To cooperate with, or contract with, other
16-19 political subdivisions or agencies of the state as may be
16-20 necessary, convenient, incidental, or proper in connection with any
16-21 of the powers, duties, or purposes authorized by this Act.
16-22 (l) To levy and collect upon real, personal and mixed
16-23 property ad valorem taxes for the payment of debt service on
16-24 district bonds, notes, warrants and other evidences of indebtedness
16-25 and for the maintenance of the district and its property, projects
17-1 and facilities, when authorized at an election held under this Act.
17-2 (m) To charge, collect and enforce fees, user charges
17-3 and other payments for the payment of debt service on district
17-4 bonds, notes, warrants and other evidence of indebtedness and for
17-5 the maintenance of the district and its property, projects and
17-6 facilities.
17-7 (n) To levy and collect a tax for maintenance
17-8 purposes, including funds for planning, maintaining, operating,
17-9 repairing all district facilities, improvements, lands, vehicles
17-10 and equipment and for paying costs of proper services, engineering,
17-11 and legal fees, and organization and administrative expenses, when
17-12 authorized at an election held under this Act.
17-13 (o) To plan, construct, operate and maintain forest
17-14 projects for any purpose the board finds will conserve the natural
17-15 resources of the State including, without limitation, projects to
17-16 eliminate or minimize noise of any kind or from any source, to
17-17 minimize and reduce the pollution resulting from storm water
17-18 discharge into the waters of the state, to minimize and reduce air
17-19 pollution, or to reduce the ambient air temperature in the vicinity
17-20 of buildings and facilities.
17-21 (p) To establish the fiscal year of the district,
17-22 establish an accounting system and provide for an annual audit of
17-23 the district's affairs by an independent certified public
17-24 accountant.
17-25 (q) To establish investment policies and to invest the
18-1 funds of the district in accordance with the provisions of Chapter
18-2 2256, Government Code.
18-3 (r) To establish and designate a depository in
18-4 accordance with Chapter 105, Local Government Code.
18-5 (s) To exercise all the powers necessary, convenient,
18-6 incidental or proper in connection with any of the powers, duties,
18-7 or purposes authorized by this Act.
18-8 (t) To exercise such special powers as may be
18-9 authorized by this Act.
18-10 Section 325.021. SPECIAL POWERS. A district shall have, and
18-11 the board may exercise, subject to the regulatory jurisdiction and
18-12 permitting authority of agencies and political subdivisions of the
18-13 state within the district's territory, any or all of the following
18-14 special powers relating to the conservation and development of
18-15 urban forests authorized by this Act:
18-16 (a) To plan, establish, acquire, construct or
18-17 reconstruct, enlarge or extend, equip, operate and maintain forest
18-18 projects.
18-19 (b) To contract with a agency or political subdivision
18-20 of the state or private person to plan, construct, operate and
18-21 maintain a forest project on the property of such agency or person.
18-22 (c) To contract with one or more agencies or political
18-23 subdivision of the state or a private person to plan, construct,
18-24 operate and maintain a forest project along, within or adjacent to
18-25 public rights-of-way, easements, lakes, bays, estuaries,
19-1 reservoirs, rivers, streams, bayous, creeks, wetlands and other
19-2 water courses held, controlled or maintained by such agency,
19-3 subdivision or person.
19-4 (d) To accept easements from an agency or political
19-5 subdivision of the state or a private person or corporation to
19-6 plan, construct, operate and maintain a forest project on any
19-7 property owned by such subdivision, agency, person or corporation,
19-8 to establish conditions and restrictions for the use of such
19-9 easements, the location and relocation of such easements and the
19-10 termination and modification of such easements to permit the
19-11 relocation of any urban forest project, when the board determines
19-12 such termination, modification or relocation to be in the public
19-13 interest.
19-14 (e) To lease for use as a park, or a recreation
19-15 facility, either or both, all or any part of a forest project for
19-16 use by a political subdivision, provided that the forest project is
19-17 located within the boundaries of such political subdivision.
19-18 (f) To enter into a contract with a political
19-19 subdivision or agency of the state, for research and development of
19-20 improved varieties of trees, plants and grass in urban areas.
19-21 (g) To enter into contracts with agencies and
19-22 political subdivisions of the state or private person or
19-23 corporation to plan, finance, construct, operate and maintain a
19-24 forest project to mitigate or offset any adverse environmental
19-25 effect on the natural resources of the state.
20-1 (h) To operate directly or under lease with a private
20-2 person or corporation, facilities to provide for the service of
20-3 food drink and lodging, if the board finds that such operation or
20-4 lease is consistent with, and necessary to the financing of the
20-5 development of a forest project or projects. The board may
20-6 restrict the construction and operation of such facilities
20-7 including the architectural appearance of any such facility and may
20-8 prohibit or restrict the use of signs or the lighting of such
20-9 facilities.
20-10 Section 325.022. CONTRACTS, COMPETITIVE BIDDING. In the
20-11 awarding of contracts or purchases a district shall comply with the
20-12 provisions of Chapter 252, Local Gov't Code.
20-13 Section 325.023. POWERS AND DUTIES OF OTHER GOVERNMENTAL
20-14 ENTITIES. (a) An agency or political subdivision of the state may
20-15 contract, as the governing body of the agency or political
20-16 subdivision considers advisable, with a district in order to
20-17 implement any provision of this Act.
20-18 (b) An agency or political subdivision of the state
20-19 may lease, lend, grant or convey to a district on request any
20-20 property, including highway, streets, or other public property,
20-21 including an easement, that is necessary or appropriate to the
20-22 implementation of district purposes and powers under this Act. The
20-23 lease, loan, grant or conveyance may be made on terms considered
20-24 reasonable and fair by the parties and without the necessity of an
20-25 advertisement, order of court, or any other action.
21-1 Section 325.024. MASTER PLAN. (a) A district shall prepare
21-2 a master plan encompassing plans for the development, redevelopment
21-3 and establishment of an urban forest program in the territory of
21-4 the district, including plans and methods to implement forest
21-5 projects in the district. The master plan shall show at least the
21-6 following information:
21-7 (1) the nature and extent of the existing forest
21-8 resources located in the district and
21-9 (2) the nature and location of proposed forest
21-10 projects which will be needed or appropriate within stated periods
21-11 of time to establish and maintain the forest resources of the
21-12 district. The master plan shall be a guide for the development of
21-13 such systems by the board and by other persons.
21-14 (b) Prior to the adoption of a master plan or any
21-15 amendment, supplement or revision effecting a substantial change,
21-16 the board shall give notice to the public that it proposes to adopt
21-17 such master plan, amendment, supplement, or revision by causing a
21-18 notice to be published in a newspaper of general circulation in the
21-19 district at least ten (10) days prior to the meeting at which the
21-20 master plan, amendment, supplement or revision to be considered is
21-21 by the board for the first time. A copy of such notice shall be
21-22 transmitted to the clerk of the governing body of the city that
21-23 created the district under this Act.
21-24 (c) The master plan or any amendment, supplement or
21-25 revision may be considered at the meeting at which it is first
22-1 considered or at any regular meeting thereafter.
22-2 (d) The affirmative vote of at least a majority of all
22-3 the commissioners is required for the approval of the master plan,
22-4 amendment, supplement or revision.
22-5 (e) The first master plan, as amended, revised or
22-6 supplemented, shall be effective for a period of 10 years, and
22-7 shall be annually revised to maintain a master plan for the next 10
22-8 years.
22-9 Section 325.025. ASSESSMENTS. (a) In addition to the
22-10 powers provided by Sections 325.019, 325.020 and 325.021 of this
22-11 Act, the board of a district may undertake a forest project that
22-12 confers a special benefit on all or a definable part of the
22-13 district. The board may levy and collect special assessments on
22-14 property in that area, based on the benefit conferred by the forest
22-15 project, to pay all or part of the cost of such project.
22-16 (b) A forest project on two or more streets or two or
22-17 more types of improvements may be included in one proceeding and
22-18 financed as one project.
22-19 (c) Forest projects may be financed under this Act
22-20 after a notice of a hearing given as required by this section and a
22-21 public hearing by the board on the advisability of the improvements
22-22 and the proposed assessments.
22-23 (d) Notice of the hearing shall be given in a
22-24 newspaper with general circulation in the county in which the
22-25 district is located. The final publication must be made not later
23-1 than the 30th day before the date of the hearing. The notice shall
23-2 include the following information:
23-3 (1) the time and place of the hearing;
23-4 (2) the general nature of the proposed forest
23-5 project;
23-6 (3) the estimated cost of the improvement that
23-7 may include interest during construction and associated financing
23-8 costs; and
23-9 (4) the proposed method of assessment.
23-10 (e) Written notice containing the information required
23-11 by Subsection (d) of this section shall be mailed by certified
23-12 mail, return receipt requested, not later than the 30th day before
23-13 the date of the hearing. The notice shall be mailed to each
23-14 property owner in the district who will be subject to assessment at
23-15 the current address of the property owner for each property to be
23-16 assessed as reflected on the tax rolls.
23-17 (f) The board may appoint a hearings examiner to
23-18 conduct the hearing, or any other hearing called by the board
23-19 including any hearing required by Chapter 395, Local Government
23-20 Code, who may be an employee of the district or a member of the
23-21 district's board. The hearing shall be conducted in accordance
23-22 with the Administrative Procedure Act (Chapter 2001 Texas
23-23 Government Code).
23-24 (g) The hearing on the forest project, whether
23-25 conducted by the board or a hearings examiner, may be adjourned
24-1 from time to time. At the conclusion of the hearing, the board
24-2 shall make findings by resolution or order relating to the
24-3 advisability of the forest project, the nature of the forest
24-4 project, the estimated cost, the area benefitted, the method of
24-5 assessment, and the method and time for payment of the assessment.
24-6 If a hearings examiner is appointed to conduct the hearing, after
24-7 conclusion of the hearing, the hearings examiner shall file with
24-8 the board a report stating his findings and conclusions.
24-9 (h) The area of the district to be assessed according
24-10 to the findings of the board may be any part of the district and
24-11 may be less than the area proposed in the notice of the hearing.
24-12 The owner of improvements constructed after the district has
24-13 imposed assessments may waive the right to notice and an assessment
24-14 hearing and may agree to the imposition and payment of assessments
24-15 at an agreed rate for such improvements.
24-16 (i) At the hearing on proposed assessments, at any
24-17 adjournment of the hearing, or after consideration of the hearings
24-18 examiner's report, the board shall hear and rule on all objections
24-19 to each proposed assessment. The board may amend proposed
24-20 assessments for any parcel. After all objections have been heard
24-21 and action has been taken with regard to those objections, the
24-22 board, by the order or resolution, shall levy the assessments as
24-23 special assessments on the property, and shall specify the method
24-24 of payment of the assessments and may provide that those
24-25 assessments be paid in periodic installments, including interest.
25-1 Periodic installments shall meet annual costs for improvements as
25-2 provided by Subsection (j) of this section and shall continue for
25-3 the number of years required to retire indebtedness or pay for the
25-4 cost of the project. The board may provide interest charges or
25-5 penalties for failure to make timely payment and also may levy an
25-6 amount to cover delinquencies and expenses of collection. If
25-7 assessments are levied for more than one forest project, the board
25-8 may provide that assessments collected for one special forest
25-9 project may be borrowed to be used for another forest project. The
25-10 board shall establish a procedure for the distribution or use of
25-11 assessments, if any, in excess of those needed to finance the
25-12 project for which those assessments were collected.
25-13 (j) The portion of the cost of a forest project to be
25-14 assessed against the property in the district shall be apportioned
25-15 by the board based on the special benefits accruing to the property
25-16 because of the improvement project or services. The cost may be
25-17 assessed:
25-18 (1) equally per front foot or per square foot of
25-19 land area against all property in the district;
25-20 (2) against property according to the value of
25-21 the
25-22 (3) on the basis of any other reasonable
25-23 assessment plan that results in imposing fair and equitable shares
25-24 of the cost on property similarly benefitted.
25-25 (k) Payment of assessments by municipalities,
26-1 counties, political subdivisions, and organizations exempt from
26-2 federal income tax under Section 501(c)(3), Internal Revenue Code
26-3 of 1986, if any, shall be established by contract. Municipalities,
26-4 counties, and political subdivisions may contract with the district
26-5 under terms and conditions as those entities consider advisable to
26-6 provide for the payment of assessments.
26-7 (l) The board may exempt residential property from all
26-8 or a part of the assessments levied on that property or determine
26-9 that residential property will not be benefitted by the proposed
26-10 project or services.
26-11 (m) If the total cost of a forest project is
26-12 determined, the board shall levy the assessments against each
26-13 parcel of land against which an assessment may be levied in the
26-14 district. With regard to an assessment for services, the board may
26-15 levy an annual assessment that may be lower but not higher than the
26-16 initial assessment. The board shall have an assessment roll
26-17 prepared showing the assessments against each property and the
26-18 board's basis for the assessment. The assessment roll shall be
26-19 filed with the secretary of the board.
26-20 (n) Assessments bear interest at a rate specified by
26-21 the board that may not exceed the interest rate permitted by
26-22 Chapter 3, Acts of the 61st Legislature, Regular Session, 1969
26-23 (Article 717k-2, Vernon's Texas Civil Statutes). Interest on an
26-24 assessment between the effective date of the order or resolution
26-25 levying the assessment and the date the first installment and any
27-1 related penalty is payable shall be added to the first installment.
27-2 The interest or penalties on all unpaid installments shall be added
27-3 to the first installment. The interest or penalties on all unpaid
27-4 installments shall be added to each subsequent installment until
27-5 paid. An assessment or any reassessment and any interest and
27-6 penalties on that assessment or reassessment is a lien against the
27-7 property until it is paid. The owner of any property assessed may
27-8 pay at any time the entire assessment against any lot or parcel
27-9 with accrued interest to the date of the payment.
27-10 (o) After notice and hearing in the manner required
27-11 for original assessments, the board may make supplemental
27-12 assessments to correct omissions or mistakes in the assessment
27-13 relating to the total cost of the forest project or to cover
27-14 delinquencies or costs of collection.
27-15 (p) After determination of an assessment, a property
27-16 owner may appeal the assessment to the board. The property owner
27-17 must file a notice of appeal with the board not later than the 30th
27-18 day after the date that the assessment is adopted. The board shall
27-19 set a date to hear the appeal. The property owner may appeal the
27-20 board's decision on the assessment to a court of competent
27-21 jurisdiction. The property owner must file notice of the appeal
27-22 with the court of competent jurisdiction not later than the 30th
27-23 day after the date of the board's final decision with respect to
27-24 the assessment. Failure to file either of the notices in the time
27-25 required by this subsection results in a loss of the right to
28-1 appeal the assessment.
28-2 (q) If an assessment against a parcel of land is set
28-3 aside by a court of competent jurisdiction, found excessive by the
28-4 board, or determined to be invalid by the board, the board may make
28-5 a reassessment or new assessment of the parcel.
28-6 Section 325.026. BONDS. (a) A district is authorized to
28-7 issue its bonds in three general classes.
28-8 (1) Bonds secured by ad valorem taxes.
28-9 (2) Bonds secured by a pledge of all or part of
28-10 the revenues accruing to a district, including without limitation,
28-11 those received from a forest project, assessments, rendition of
28-12 service, charges, rents, leases, or payments made under a contract
28-13 and from all other sources other than ad valorem taxes.
28-14 (3) Bonds secured by a combination pledge of all
28-15 or part of the sources described in paragraph (1) and (2) above.
28-16 (b) A district may issue, sell and deliver its bonds,
28-17 from time to time, and in such amounts as it considers necessary or
28-18 appropriate for the purpose of carrying out any power or authority
28-19 conferred by this Act, including the acquisition, purchase,
28-20 construction, development, improvement, enlargement or extension of
28-21 any forest project.
28-22 (c) The bonds must be in the form and denomination,
28-23 payable at one or more places, and executed or authenticated in the
28-24 manner determined by the commission.
28-25 (d) If an officer whose signature or a facsimile of
29-1 whose signature appears on the bonds ceases to serve in that office
29-2 before the delivery of and payment for the bonds, the signature or
29-3 facsimile is valid and sufficient for all purposes as if the
29-4 officer had remained in office until delivery and payment.
29-5 (e) The bonds may be sold at public or private sale as
29-6 the board consider advantageous.
29-7 (f) The bonds must bear interest and be issued in
29-8 accordance with applicable provisions of Chapter 3, Acts of the
29-9 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
29-10 Texas Civil Statutes) and Chapter 845, Acts of the 67th
29-11 Legislature, Regular Session, 1981 (Article 717k-6, Vernon's Texas
29-12 Civil Statutes).
29-13 (g) Provisions may be made for the subsequent issuance
29-14 of additional parity bonds, superior lien bonds or subordinate lien
29-15 bonds under any terms that may be set for the indenture, resolution
29-16 or order authorizing the issuance of the bonds.
29-17 (h) The board shall use the proceeds from the sale of
29-18 bonds of cash issues for the payment of all or part of the cost of
29-19 the project or projects for which the bonds were issued and shall
29-20 disburse the proceeds in the manner and under such restrictions, if
29-21 any, provided in the bond indenture, resolution, or order
29-22 authorizing the issuance of the bonds. The proceeds may also be
29-23 used for:
29-24 (1) paying all costs incurred in issuing the
29-25 bonds;
30-1 (2) paying interest on the bonds during or after
30-2 the period of the acquisition or construction of any improvement to
30-3 be provided through the issuance of the bonds;
30-4 (3) creating a reserve fund for the payment of
30-5 the principal of and interest on the bonds; and
30-6 (4) creating any other funds.
30-7 (i) The proceeds of the bonds may be placed on time
30-8 deposit or invested until needed in securities, to the extent and
30-9 in the manner provided by the bond indenture, order or resolution.
30-10 (j) Before delivery, the board shall submit the bonds,
30-11 notes and records relating to their issuance to the attorney
30-12 general for examination. If the bonds recite that they are secured
30-13 by a pledge of revenues, fees, charges or rentals from a contract,
30-14 lease, or agreement, the board shall submit to the attorney general
30-15 for approval with the bonds a copy of the contract, lease or
30-16 agreement. If the attorney general finds that the bonds have been
30-17 issued in accordance with the constitution and this Act, and that
30-18 any contract, lease or agreement submitted with the bonds is
30-19 authorized under law, the attorney general shall approve them, and
30-20 the comptroller shall register them. After approval and
30-21 registration, the bonds and notes, and the contract, lease or
30-22 agreement, are incontestable for any cause.
30-23 (k) A pledge, mortgage, or agreement made for the
30-24 benefit or security of the bonds of a district is effective until
30-25 the payment in full of the principal and interest on those bonds.
31-1 (l) If not prohibited by the indenture, order or
31-2 resolution relating to outstanding bonds, the district may encumber
31-3 separately any item of district property, including vehicles,
31-4 machinery or other equipment. A district may acquire, use, hold or
31-5 contract for that property under a lease arrangement, chattel
31-6 mortgage or conditional sale.
31-7 (m) A district may encumber any part of the district's
31-8 property or facilities for the purpose of purchasing, building,
31-9 construction, enlarging, extending, repairing or reconstructing
31-10 another part of the district's property or facilities and
31-11 purchasing property for those purposes.
31-12 (n) A lien on or pledge of revenues or funds
31-13 established in connection with bonds issued under this Act is valid
31-14 and enforceable from the time of payment for and delivery of the
31-15 bonds authorized by the indenture, resolution, or order of the
31-16 board creating or confirming the lien or pledge. The lien or
31-17 pledge is effective as to items in the possession of the district
31-18 or subsequently received by the district, and the items are subject
31-19 to the lien or pledge without physical delivery of the items or
31-20 further act. The lien or pledge is valid and enforceable against
31-21 any party having any claim against the district, whether or not the
31-22 party has notice of the lien or pledge. An indenture, resolution,
31-23 order authorizing the issuance of bonds under this Act, or any
31-24 other instrument by which the lien or pledge is created or
31-25 confirmed must be filed or recorded only in the regular records of
32-1 the county.
32-2 (o) Any bonds issued pursuant to this Act may be
32-3 refunded or otherwise refinanced by the issuance of refunding bonds
32-4 for that purpose, under any terms or conditions determined by
32-5 indenture, resolution, or order of the board. Refunding bonds may
32-6 be issued in amounts necessary to pay the principal, interest, and
32-7 redemption premium, if any, of bonds to be refunded, at maturity or
32-8 on any redemption date, and to provide for the payment of all costs
32-9 incurred in retiring the bonds to be refunded. The refunding bonds
32-10 must be issued in the manner provided by general law, including
32-11 Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
32-12 Vernon's Texas Civil Statutes), and Chapter 784, Acts of the 61st
32-13 Legislature, Regular Session, 1969 (Article 717k-3, Vernon s Texas
32-14 Civil Statutes).
32-15 (p) Before the preparation of definitive bonds, a
32-16 district may issue interim bonds exchangeable for definitive bonds
32-17 when the definitive bonds are available for delivery.
32-18 (q) District bonds and notes are legal and authorized
32-19 investments for banks, savings banks, trust companies, building and
32-20 loan associations, savings and loan associations, and insurance
32-21 companies and may secure the deposit of any public funds of the
32-22 state, a municipality, a county, a school district, or any other
32-23 political subdivision of the state. The bonds and notes are lawful
32-24 and sufficient security for those deposits to the extent of the
32-25 principal bond amount or their value on the market, whichever is
33-1 less, when accompanied by all related unmatured coupons.
33-2 (r) A district, acting by board order or resolution,
33-3 may issue short-term bonds secured by district revenues or ad
33-4 valorem taxes for any lawful purpose and in the manner provided by
33-5 Chapter 656, Acts of the 68th Legislature, 1983 (Article 717q,
33-6 Vernon's Texas Civil Statutes).
33-7 (s) The bonds are negotiable instruments and
33-8 investment securities governed by Chapter 8, Business & Commerce
33-9 Code.
33-10 (t) A district may fulfill the terms of any contract
33-11 or agreement, including a credit agreement, made with the holders
33-12 of bonds or with any person on their behalf.
33-13 (u) A district shall have the power to issue bonds
33-14 from time to time, payable from and secured by a pledge of the
33-15 revenues, proceeds or payments that will accrue to or be received
33-16 by the district under contracts or agreements with any person or
33-17 political subdivision of the state. Bonds may be issued secured
33-18 solely by such pledge, and bonds may be issued secured not only by
33-19 such pledge but also by pledges of other district revenues,
33-20 mortgages and encumbrances of district property and, when
33-21 authorized at an election held under this section of this Act, by
33-22 ad valorem taxes. A district may combine the revenues payable
33-23 under several contracts into a fund and issue bonds secured by a
33-24 pledge and lien on the revenues of such fund.
33-25 (v) Bonds payable solely from revenues may be issued
34-1 by resolution or order of the board, but no bonds, except refunding
34-2 bonds, payable wholly or partially from ad valorem taxes shall be
34-3 issued until authorized by a majority vote of the resident electors
34-4 of the district voting in an election called and held for that
34-5 purpose.
34-6 (w) Notice of a tax bond election shall be given as
34-7 provided for in a confirmation election and the notice shall
34-8 contain the proposition or propositions to be voted upon, and shall
34-9 distinctly specify the purpose for which the bonds are to be
34-10 issued, the amount thereof, the levy of taxes sufficient to pay the
34-11 principal and interest on the bonds and the length of time the
34-12 bonds are to run. A bond election may be held on the same day as
34-13 the confirmation election. If a majority of the votes cast at the
34-14 election are in favor of the issuance of the bonds, the bonds may
34-15 be issued by the board if the confirmation election results
34-16 favorably to the confirmation of the district.
34-17 (x) At any election to authorize bonds payable wholly
34-18 from taxes the ballots shall be printed to provide for voting for
34-19 or against the proposition: "The issuance of bonds and the levy of
34-20 taxes in payment of the bonds."
34-21 (2) At any election to authorize bonds payable from both ad
34-22 valorem taxes and revenues, the ballots shall be printed to provide
34-23 voting for or against: "The issuance of bonds and the pledge of
34-24 revenues and the levy of ad valorem taxes adequate to provide for
34-25 the payment of the bonds."
35-1 (a) At the time bonds payable in whole or in part from
35-2 ad valorem taxes are issued, the board shall levy a continuing
35-3 direct ad valorem tax for each year while all or part of the bonds
35-4 are outstanding on all taxable property within the district in an
35-5 amount sufficient to pay the interest on the bonds as it comes due
35-6 and to create a sinking fund for the payment of the principal of
35-7 the bonds when due or the redemption price at any earlier required
35-8 redemption date and to pay the expenses of assessing and collecting
35-9 the taxes.
35-10 (b) The collector of district ad valorem taxes shall
35-11 be the county tax/assessor collector of the county having the
35-12 largest population in which a district is situated.
35-13 Section 325.027. TAX LIMITS
35-14 The maximum rate of tax that a district may levy for
35-15 any year for all purposes is ten (10) cents on each $100 of taxable
35-16 property."
35-17 Section 2.
35-18 Subdivision (1), Section 1 of Article 717q Vernon's Texas
35-19 Civil Statutes is amended to read as follows:
35-20 (1) "Issuer" means (A) any incorporated city operating
35-21 under a home-rule charter adopted pursuant to Article XI, Section
35-22 5, of the Constitution of Texas having a population according to
35-23 the latest federal decennial census of 90,000 or more and having
35-24 outstanding long-term debt secured by the revenues of the public
35-25 utility for which the obligations are being issued which is rated
36-1 by a nationally recognized rating agency for municipal securities
36-2 in one of the four highest rating categories for long-term
36-3 obligations; (b) any conservation and reclamation district created
36-4 and organized as a river authority under and pursuant to Article
36-5 III, Section 52, or Article XVI, Section 59, of the Constitution of
36-6 Texas and by an act of the legislature of the State of Texas; (C)
36-7 any joint powers agency organized and operating pursuant to Chapter
36-8 166, Acts of the 63rd Legislature, Regular Session, 1973 (Article
36-9 1435a, Revised Statutes); (D) any metropolitan rapid transit
36-10 authority or regional transportation authority created, organized,
36-11 and operating pursuant to Chapter 141, acts of the 63rd
36-12 Legislature, Regular Session, 1973 (Article 1118x, Revised
36-13 Statutes) or Chapter 683, Acts of the 66th Legislature, Regular
36-14 Session, 1979 (Article 118y, Revised Statutes); (E) any
36-15 conservation and reclamation district organized or operating as a
36-16 navigation district under and pursuant to Article III, Section 52,
36-17 or Article XVI, Section 59, of the Constitution of Texas; (F) any
36-18 district organized or operating under and pursuant to Article XVI,
36-19 Section 59, of the Constitution of Texas which has all or part of
36-20 two or more incorporated cities within its boundaries; (G) agencies
36-21 of the State of Texas (including the governing boards of the state
36-22 institutions of higher eduction); <and> (H) any hospital authority in
36-23 a county with a population of more than 2 million, according to the
36-24 most recent federal census, that was created or is operating under
36-25 the Hospital Authority Act (Article 4137e, Vernon's Texas Civil
37-1 Statutes) or the County Hospital Authority Act (Article 449r,
37-2 Vernon's Texas Civil Statutes) and (I) any forest district created
37-3 under the provisions of Chapter 325, Local Government Code.
37-4 Section 3.
37-5 Emergency The importance of this legislation and the crowded
37-6 condition of the calendars in both houses create an emergency and
37-7 an imperative public necessity that the constitutional rule
37-8 requiring bills to be read on three several days in each house be
37-9 suspended, and this rule is hereby suspended, and that this Act
37-10 take effect and be in force from and after its passage, and it is
37-11 so enacted.