By Bailey H.B. No. 3223
Substitute the following for H.B. No. 3223:
By Turner of Harris C.S.H.B. No. 3223
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration, powers, and duties of the Greater
1-3 Greenspoint Management District and political subdivisions
1-4 contracting with the District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. LEGISLATIVE DECLARATION. (a) The legislature
1-7 finds, determines, and declares that, in addition to those purposes
1-8 set forth in Chapter 817, 72nd Legislature, Regular Session, 1991,
1-9 the District is necessary to promote, develop, encourage, and
1-10 maintain transportation, housing, tourism, convention and
1-11 convocation activities, recreation, arts, entertainment, and safety
1-12 in the Greater Greenspoint area of Harris County, Texas.
1-13 (b) The legislature finds, determines, and intends that by
1-14 creating the District and in authorizing the City, County, and
1-15 other political subdivisions to contract with the District it has
1-16 established a program to accomplish the public purposes set out in
1-17 Section 52-a, Article III, Texas Constitution.
1-18 SECTION 2. DEFINITIONS. In this Act:
1-19 (1) "Board" means the board of directors of the
1-20 District.
1-21 (2) "District" means the Greater Greenspoint
1-22 Management District.
1-23 (3) "City" means the City of Houston, Texas.
2-1 (4) "County" means Harris County, Texas.
2-2 SECTION 3. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
2-3 legislature finds that, in addition to those benefits set forth in
2-4 Chapter 817, 72nd Legislature, Regular Session, 1991, the District
2-5 will further promote the health, safety, welfare, and enjoyment of
2-6 the public by providing pedestrian ways and determines that
2-7 pedestrian ways along or across a street (whether at grade or above
2-8 or below the surface), and street lighting, street landscaping, and
2-9 street art objects are parts of and necessary components of a
2-10 street and shall be deemed to be a street or road improvement.
2-11 (b) This Act shall be liberally construed in conformity with
2-12 the legislative findings and purposes stated in this Act and in
2-13 Chapter 817 of the 72nd Legislature, Regular Session. The District
2-14 shall have all powers necessary or required for the District to be
2-15 able to accomplish the legislative purposes for which the District
2-16 is created.
2-17 SECTION 4. GENERAL POWERS. (a) In addition to all of the
2-18 rights, powers, privileges, and authority conferred by Chapter 817
2-19 of the 72nd Legislature, Regular Session, 1991, and the general
2-20 laws of this state, the District shall have the following
2-21 additional powers. The District shall have all of the powers of an
2-22 industrial development corporation created under the provisions of
2-23 the Development Corporation Act of 1979 (Article 5190.6, Vernon's
2-24 Texas Civil Statutes), and the District is authorized to own,
2-25 operate, acquire, construct, lease, improve, and maintain those
3-1 projects described in that Act and in this Act and any other
3-2 authorized project and to acquire land and other property in
3-3 accordance with Section 4B of that Act. The District shall have
3-4 the power to create, tax, assess, and hold elections in a "defined
3-5 area" pursuant to the terms of Chapter 54, Water Code, to which
3-6 "defined area" the District will provide improvements or services
3-7 for any project or activity the District is authorized to acquire,
3-8 construct, improve, or provide. The District shall have the power
3-9 to levy ad valorem taxes, assessments, or impact fees in accordance
3-10 with provisions of Chapter 375, Local Government Code, to provide
3-11 any improvements and services for any project or activity the
3-12 District is authorized to acquire, construct, improve, or provide,
3-13 but the District shall have no authority to levy a sales tax. In
3-14 addition, the Board shall have the authority to correct, add to, or
3-15 delete from its assessment roll and to collect assessments due
3-16 under such corrections, additions, and deletions after notice and
3-17 hearing in the manner required under Section 375.115, Local
3-18 Government Code. Without further authority or procedural
3-19 requirement, the District shall have the authority to grant
3-20 abatements for taxes and/or assessments owed to the District
3-21 consistent with the terms of Chapter 312, Tax Code. All laws or
3-22 provisions of laws referenced in this Act and subsequent amendments
3-23 to those laws are adopted and incorporated into this Act for all
3-24 purposes and may be used by the District independently of each
3-25 other. If any provision of the referenced laws is in conflict with
4-1 or inconsistent with this Act, this Act prevails.
4-2 (b) The District is authorized to adopt a resolution
4-3 authorizing the creation of a nonprofit corporation to aid, assist,
4-4 and act on behalf of the District in the implementation of any
4-5 project, the provision of residential housing, or the provision of
4-6 any services authorized by this Act. Without any further
4-7 authorization or approval, any such corporation authorized to be
4-8 created by the Board shall be created and dissolved and its board
4-9 of directors shall be appointed by the Board and shall serve in the
4-10 manner and for the terms and on the conditions of the board of a
4-11 local government corporation created pursuant to the provisions of
4-12 Section 4A, Texas Transportation Corporation Act (Article 1528l,
4-13 Vernon's Texas Civil Statutes). Any corporation so created shall
4-14 have the powers of and be deemed for all purposes to be a local
4-15 government corporation created pursuant to the provisions of that
4-16 section and shall have all the powers necessary to implement any
4-17 project and provide any services authorized by this Act.
4-18 SECTION 5. BONDS AND ASSESSMENTS. (a) The District may
4-19 issue bonds or other obligations payable in whole or in part from
4-20 ad valorem taxes, assessments, impact fees, revenues, grants, or
4-21 other funds of the District, or any combination of those funds, to
4-22 pay for any authorized purpose of the District. Bonds or other
4-23 obligations of the District may be issued in the form of bonds,
4-24 notes, certificates of participation, including other instruments
4-25 evidencing a proportionate interest in payments to be made by the
5-1 District, or other obligations that are issued in the exercise of
5-2 the District's borrowing power.
5-3 (b) Assessments, reassessments, or assessments resulting
5-4 from an addition to or correction of the assessment roll by the
5-5 District, penalties and interest on an assessment or reassessment,
5-6 expenses of collection, and reasonable attorney's fees incurred by
5-7 the District are a first and prior lien against the property
5-8 assessed, are superior to any other lien or claim other than a lien
5-9 or claim for County, school district, or municipal ad valorem
5-10 taxes, and are the personal liability of and charge against the
5-11 owners of the property even if the owners are not named in the
5-12 assessment proceedings. The lien is effective from the date of the
5-13 resolution of the Board levying the assessment until the assessment
5-14 is paid. The Board may enforce the lien in the same manner that
5-15 the Board may enforce an ad valorem tax lien against real property.
5-16 SECTION 6. ELECTIONS. The District shall hold elections as
5-17 provided by Subchapter L, Chapter 375, Local Government Code, for
5-18 the purpose of obtaining voter approval for the District to levy a
5-19 maintenance tax or to issue bonds payable from ad valorem taxes or
5-20 assessments, provided that the Board may call a bond or maintenance
5-21 tax election upon receipt of a written petition requesting such
5-22 election signed by 50 owners of property in the District, if there
5-23 are more than 50 persons who own property in the District as
5-24 determined by the most recent certified County property tax rolls.
5-25 The Board may submit multiple purposes in a single proposition at
6-1 an election. When issuing bonds payable from a "defined area"
6-2 under Chapter 54 of the Water Code, any election required shall be
6-3 held only in such "defined area" and not within the entire
6-4 District.
6-5 SECTION 7. MAINTENANCE TAX. If authorized at an election
6-6 held in accordance with Section 6 of this Act, the District may
6-7 levy and collect an annual ad valorem tax on taxable property in
6-8 the District for maintenance, operation, and upkeep of the District
6-9 and the improvements constructed or acquired by the District and
6-10 the provision of services to industrial and commercial businesses
6-11 and residents and property owners. The Board shall determine the
6-12 tax rate.
6-13 SECTION 8. CONTRACTS. (a) The City, the County, or any
6-14 other political subdivision, without further authorization, may
6-15 contract with the District to implement a project of the District
6-16 or to aid and assist the District in providing authorized services.
6-17 Any such contract may be for such duration and on such terms and
6-18 conditions as the parties determine. The contract may be payable
6-19 from taxes or any other sources of revenues which may be available
6-20 for such purpose. Any such contract may provide that taxes or
6-21 other revenues collected at a project of the District or at a
6-22 project in a tax incremental reinvestment zone or from persons
6-23 using or purchasing commodities or services at any such project may
6-24 be paid or rebated to the District under the terms specified in the
6-25 contract.
7-1 (b) The District may enter into contracts, leases, and
7-2 agreements with and accept or make grants and loans to or from the
7-3 United States and its departments and agencies, the state and its
7-4 agencies, counties, municipalities, and political subdivisions,
7-5 public or private corporations, including a nonprofit corporation
7-6 created under a resolution of the Board, and other persons and may
7-7 perform all acts necessary for the full exercise of the powers
7-8 vested in it on terms and conditions and for the term the Board may
7-9 determine to be advisable.
7-10 (c) The District may join and pay dues to organizations that
7-11 enjoy tax-exempt status under Sections 501(c)(3), 501(c)(4), and
7-12 501(c)(6) of the Internal Revenue Code that perform services or
7-13 provide activities consistent with the furtherance of the purposes
7-14 of the District. An expenditure of public funds for such
7-15 memberships is hereby found to be in furtherance of the purposes of
7-16 the District and for a public purpose.
7-17 SECTION 9. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All
7-18 or any part of the area of the District is eligible notwithstanding
7-19 other statutory criteria to be included in a tax increment
7-20 reinvestment zone created by the City under the provisions of
7-21 Chapter 311, Tax Code, or included in a tax abatement reinvestment
7-22 zone created by the City under the provisions of Chapter 312, Tax
7-23 Code. All or any part of the area of the District is also eligible
7-24 to be included in an enterprise zone by the City pursuant to the
7-25 provisions of Chapter 2303, Government Code.
8-1 SECTION 10. OWNERSHIP OF PROPERTY BY THE DISTRICT. After
8-2 title to property is acquired by the District, no independent
8-3 school district, community college district, county, city, hospital
8-4 district, or other political subdivision or taxing authority may
8-5 foreclose its tax lien or otherwise pursue unpaid taxes on such
8-6 property which accrued prior to the District's ownership of the
8-7 property against the District or any successor in title to the
8-8 District, regardless of the manner in which or the price for which
8-9 the District obtained title to the property.
8-10 SECTION 11. NOTICE AND CONSENT. The legislature finds that:
8-11 (1) proper and legal notice of the intention to
8-12 introduce this Act, setting forth the general substance of this
8-13 Act, has been published as provided by law, and the notice and a
8-14 copy of this Act have been furnished to all persons, agencies,
8-15 officials, or entities to which they are required to be furnished
8-16 by the constitution and laws of this state, including the governor
8-17 of Texas, who has submitted the notice and Act to the Texas Natural
8-18 Resource Conservation Commission;
8-19 (2) the Texas Natural Resource Conservation Commission
8-20 has filed its recommendations relating to this Act with the
8-21 governor, lieutenant governor, and speaker of the house of
8-22 representatives within the required time; and
8-23 (3) all requirements of the constitution and laws of
8-24 this state and the rules and procedures of the legislature with
8-25 respect to the notice, introduction, and passage of this Act have
9-1 been fulfilled and accomplished.
9-2 SECTION 12. SEVERABILITY CLAUSE. The provisions of this Act
9-3 are severable, and if any provision or part of this Act or the
9-4 application thereof to any person or circumstance is held by a
9-5 court of competent jurisdiction to be invalid or unconstitutional
9-6 for any reason, the remainder of this Act and the application of
9-7 that provision or part of this Act to other persons or
9-8 circumstances is not affected.
9-9 SECTION 13. EMERGENCY. The importance of this legislation
9-10 and the crowded condition of the calendars in both houses create an
9-11 emergency and an imperative public necessity that the
9-12 constitutional rule requiring bills to be read on three several
9-13 days in each house be suspended, and this rule is hereby suspended.