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