By: Brown S.B. No. 1601
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, powers, and duties of the
1-2 Westchase Area Management District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) There is
1-5 created and established a special district in Harris County to be
1-6 known as the "Westchase Area Management District" that is a
1-7 governmental agency, a body politic and corporate, and a political
1-8 subdivision of the state.
1-9 (b) The name of the district may be changed by resolution of
1-10 the board of directors at any time.
1-11 (c) The creation of the district is declared to be essential
1-12 to the accomplishment of the purposes of Article III, Section 52,
1-13 Article XVI, Section 59, and Article III, Section 52-a, of the
1-14 Texas Constitution and to the accomplishment of the other public
1-15 purposes stated in this Act.
1-16 (d) The legislature finds, determines, and declares that the
1-17 creation of the district is necessary to promote, develop,
1-18 encourage, and maintain employment, commerce, transportation,
1-19 housing, tourism, recreation, arts, entertainment, economic
1-20 development, safety, and the public welfare in the downtown Houston
1-21 area of Harris County. It is the legislature's intent that the
1-22 creation of the district and this legislation not be interpreted to
1-23 relieve Harris County or the City of Houston from providing the
2-1 present level of services to the area included within the district
2-2 or to release the county or the city from the obligations each
2-3 entity has to provide services to that area. The district is
2-4 created to supplement and not supplant the city or county services
2-5 in the area included within the district.
2-6 (e) The legislature finds, determines, and intends that by
2-7 creating the district and in authorizing the City, County and other
2-8 political subdivisions to contract with the district it has
2-9 established a program to accomplish the public purposes set out in
2-10 Article III, Section 52-a, of the Texas Constitution.
2-11 SECTION 2. DEFINITIONS. In this Act:
2-12 (1) "Board" means the board of directors of the
2-13 district.
2-14 (2) "District" means the Westchase Area Management
2-15 District.
2-16 (3) "City" means the City of Houston, Texas.
2-17 (4) "County" means Harris County, Texas.
2-18 SECTION 3. BOUNDARIES. (TO COME)
2-19 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
2-20 finds that the boundaries and field notes of the District form a
2-21 closure. If a mistake is made in the field notes or in copying the
2-22 field notes in the legislative process, it in no way affects the
2-23 organization, existence, and validity of the District, the right of
2-24 the District to issue any type of bonds or refunding bonds for the
2-25 purposes for which the District is created or to pay the principal
3-1 of and interest on the bonds, or the right of the District to levy
3-2 and collect assessments or taxes, or in any other manner affects
3-3 the legality or operation of the District or its governing body.
3-4 SECTION 5. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
3-5 legislature finds that all of the land and other property included
3-6 within the boundaries of the District will be benefited by the
3-7 improvements and services to be provided by the District under
3-8 powers conferred by Article III, Section 52, Article XVI, Section
3-9 59, and Article III, Section 52-a, of the Texas constitution, and
3-10 other powers granted under this Act, and that the District is
3-11 created to serve a public use and benefit.
3-12 (b) The legislature finds that the creation of the District
3-13 is essential to further the public purposes of the development and
3-14 diversification of the economy of the state, the elimination of
3-15 unemployment and underemployment and the development or expansion
3-16 of transportation and commerce, and is in the public interest. The
3-17 legislature further finds that the District will promote the
3-18 health, safety, and general welfare of residents, employers,
3-19 employees, visitors, consumers in the District, and the general
3-20 public. The District will provide needed funding for the Westchase
3-21 area to preserve, maintain, and enhance the economic health and
3-22 vitality of the area as a community and business center. The
3-23 District will further promote the health, safety, welfare, and
3-24 enjoyment of the public by providing pedestrian ways and by
3-25 landscaping and developing certain areas within the District, which
4-1 are necessary for the restoration, preservation, and enhancement of
4-2 scenic and aesthetic beauty. The legislature finds and determines
4-3 that pedestrian ways along or across a street (whether at grade or
4-4 above or below the surface), and street lighting, street
4-5 landscaping, and street art objects are parts of and necessary
4-6 components of a street and shall be deemed to be a street or road
4-7 improvement. The District will not act as the agent or
4-8 instrumentality of any private interest even though many private
4-9 interests will be benefited by the District, as will the general
4-10 public.
4-11 (c) This Act shall be liberally construed in conformity with
4-12 the legislative findings and purposes stated in this Act. The
4-13 District shall have all powers necessary or required for the
4-14 District to be able to accomplish the legislative purposes for
4-15 which the District is created.
4-16 SECTION 6. BOARD OF DIRECTORS. (a) The District is
4-17 governed by a Board of 17 directors who shall serve for staggered
4-18 terms of four years.
4-19 (b) At the time this Act takes effect, the following persons
4-20 shall constitute the initial Board of the District and are
4-21 appointed for the terms prescribed by Subsection (c) of this
4-22 section:
4-23 Pos. No. Name of Director Position Term of Office
4-24 1
4-25 2
5-1 3
5-2 4
5-3 5
5-4 6
5-5 7
5-6 8
5-7 9
5-8 10
5-9 11
5-10 12
5-11 13
5-12 14
5-13 15
5-14 16
5-15 17
5-16 (c) Of the initial directors, the directors appointed for
5-17 positions 1 through 8 shall serve until June 1, 1997, and the
5-18 directors appointed for positions 9 through 17 shall serve until
5-19 June 1, 1999.
5-20 (d) Subsequent directors for full terms shall be appointed
5-21 by the mayor and City council of the City from persons recommended
5-22 by the Board and shall qualify as provided by Subchapter D, Chapter
5-23 375, Local Government Code, as added by S.B. No. 232, Acts of the
5-24 72nd Legislature, Regular Session, 1991. A vacancy on the Board
5-25 due to death, resignation, or removal shall be filled by the Board
6-1 by appointing a qualified person for the unexpired term.
6-2 (e) The Board may also appoint ex-officio, non-voting
6-3 members to the Board.
6-4 (f) The Board is governed by Subchapter D, Chapter 375,
6-5 Local Government Code, to the extent that subchapter does not
6-6 conflict with this Act. Directors may vote on any matter
6-7 authorized by Subchapter D, Chapter 375, Local Government Code;
6-8 however, action may only be taken by the Board if it is approved in
6-9 the manner prescribed by Subchapter D, Chapter 375, Local
6-10 Government Code.
6-11 SECTION 7. GENERAL POWERS. (a) The District shall have all
6-12 of the rights, powers, privileges, and authority conferred by the
6-13 general law of this state applicable to districts created under
6-14 Chapter 375, Local Government Code, as added by S.B. No. 232, Acts
6-15 of the 72nd Legislature, Regular Session, 1991. The District shall
6-16 have all of the powers of an industrial development corporation
6-17 created under the provisions of Section 4B of Article 5190.6,
6-18 Vernon's Texas Civil Statutes, and the District is authorized to
6-19 own, operate, acquire, construct, lease, improve, and maintain
6-20 those projects described in Article 5190.6, Section 4B, Vernon's
6-21 Texas Civil Statutes. The District shall have the power to levy ad
6-22 valorem taxes, assessments, or impact fees in accordance with
6-23 provisions of Chapter 375, Local Government Code, to provide any
6-24 improvements and services for any project or activity the District
6-25 is authorized to acquire, construct, improve, or provide under this
7-1 Act. In addition, the Board shall have the authority to correct,
7-2 add to or delete from its assessment roll after notice and hearing
7-3 in the manner required under Section 375.115. The District shall
7-4 not have the power to acquire property through the exercise of the
7-5 power of eminent domain. If any provision of the referenced laws
7-6 is in conflict with or inconsistent with this Act, this Act
7-7 prevails. All laws or provisions of laws referenced in this Act
7-8 and subsequent amendments to those laws are adopted and
7-9 incorporated into this Act for all purposes and may be used by the
7-10 District independently of each other. The District may not finance
7-11 services and improvement projects under this Act unless a written
7-12 petition has been filed with the Board requesting those
7-13 improvements or services signed by:
7-14 (1) the owners of a majority of the assessed value of
7-15 real property in the District as determined by the most recent
7-16 certified County property tax rolls; or
7-17 (2) if there are more than 50 persons who own property
7-18 in the District as determined by the most recent certified County
7-19 property tax rolls, by at least 50 persons who own land within the
7-20 District.
7-21 (b) If the District, in exercising a power conferred by this
7-22 Act, requires a relocation, adjustment, raising, lowering,
7-23 rerouting, or changing the grade of or altering the construction of
7-24 any street, alley, highway, overpass, underpass, road, railroad
7-25 track, bridge, facility or property, electric line, conduit,
8-1 facility or property, telephone or telegraph line, conduit,
8-2 facility or property, gas transmission or distribution pipe,
8-3 pipeline, main, facility or property, water, sanitary sewer or
8-4 storm sewer pipe, pipeline, main, facility or property, cable
8-5 television line, cable, conduit, facility or property, or other
8-6 pipeline or facility or property relating to the pipeline, that
8-7 relocation, adjustment, raising, lowering, rerouting, changing of
8-8 grade, or altering of construction must be accomplished at the sole
8-9 cost and expense of the District, and damages that are suffered by
8-10 owners of the property or facilities shall be borne by the
8-11 District.
8-12 (c) The Board shall establish by resolution the number of
8-13 director signatures or the procedure required for all disbursements
8-14 or transfers of the District's money.
8-15 SECTION 8. TORT CLAIMS. The District is a unit of
8-16 government for purposes of Chapter 101, Civil Practice and Remedies
8-17 Code. The operations of the District are essential governmental
8-18 functions for all purposes and not proprietary functions.
8-19 SECTION 9. BONDS AND ASSESSMENTS. (a) The District may
8-20 issue bonds or other obligations payable in whole or in part from
8-21 ad valorem taxes, assessments, impact fees, revenues, grants, or
8-22 other funds of the District, or any combination of those funds, to
8-23 pay for any authorized purpose of the District. Bonds or other
8-24 obligations of the District may be issued in the form of bonds,
8-25 notes, certificates of participation, including other instruments
9-1 evidencing a proportionate interest in payments to be made by the
9-2 District, or other obligations that are issued in the exercise of
9-3 the District's borrowing power and may be issued in bearer or
9-4 registered form or not represented by an instrument but the
9-5 transfer of which is registered on books maintained by or on behalf
9-6 of the District. The Board may levy and collect an assessment
9-7 under Subchapter F, Chapter 375, Local Government Code, for any
9-8 authorized purpose by this Act or Chapter 375, Local Government
9-9 Code.
9-10 (b) The District must obtain the approval of the City for
9-11 bond issues for an improvement project and the plans and
9-12 specifications of an improvement project financed by the bond issue
9-13 before those bonds may be issued. Instead of approval of bonds by
9-14 the City, the District before finally approving a capital
9-15 improvements budget may obtain approval from the City of a capital
9-16 improvements budget for a period not to exceed five years. If the
9-17 District obtains approval of a capital improvements budget, it may
9-18 finance the capital improvements and issue bonds specified in the
9-19 budget without further approval from the City. The District must
9-20 obtain approval from the City of the plans and specifications of
9-21 any improvement project that involves the use of the rights-of-way
9-22 of streets, roads, or highways or the use of City land or any
9-23 easements granted by the City.
9-24 (c) Except as provided above in Paragraph (b), no approval
9-25 of bonds issued by the District is required other than the approval
10-1 of the attorney general as provided by Article 717-8, Vernon's
10-2 Texas Civil Statutes.
10-3 (d) Assessments, reassessments or assessments resulting from
10-4 an addition to or correction of the assessment roll by the
10-5 District, penalties and interest on an assessment or reassessment,
10-6 expenses of collection, and reasonable attorney's fees incurred by
10-7 the District are a first and prior lien against the property
10-8 assessed, are superior to any other lien or claim other than a lien
10-9 or claim for County, school District, or municipal ad valorem
10-10 taxes, and are the personal liability of and charge against the
10-11 owners of the property even if the owners are not named in the
10-12 assessment proceedings. The lien is effective from the date of the
10-13 resolution of the Board levying the assessment until the assessment
10-14 is paid. The Board may enforce the lien in the same manner that
10-15 the Board may enforce an ad valorem tax lien against real property.
10-16 SECTION 10. ELECTIONS. The District shall hold elections as
10-17 provided by Subchapter L, Chapter 375, Local Government Code. The
10-18 District shall also hold an election in the manner provided by that
10-19 subchapter for the purpose of obtaining voter approval for the
10-20 District to levy a maintenance tax or to issue bonds payable from
10-21 ad valorem taxes or assessments. The Board may submit multiple
10-22 purposes in a single proposition at an election.
10-23 SECTION 11. IMPACT FEES. The District may impose an impact
10-24 fee for an authorized purpose as provided by Subchapter G, Chapter
10-25 375, Local Government Code.
11-1 SECTION 12. MAINTENANCE TAX. If authorized at an election
11-2 held in accordance with Section 10 of this Act, the District may
11-3 levy and collect an annual ad valorem tax on taxable property in
11-4 the District for maintenance, operation, and upkeep of the District
11-5 and the improvements constructed or acquired by the District and
11-6 the provision of services to industrial and commercial businesses
11-7 and residents and property owners. The Board shall determine the
11-8 tax rate.
11-9 SECTION 13. DISSOLUTION OF THE DISTRICT. The District may
11-10 be dissolved as provided in Subchapter of Chapter 375, Local
11-11 Government Code. If the District is dissolved, the District shall
11-12 remain in existence solely for the limited purpose of discharging
11-13 its bonds or other obligations according to their terms.
11-14 SECTION 14. CONTRACTS. (a) To protect the public interest,
11-15 the District may contract with the City or County for the provision
11-16 of law enforcement services by the County or the City on a fee
11-17 basis in the District.
11-18 (b) The City, the County, or any other political
11-19 subdivision, without further authorization, may contract with the
11-20 District to implement a project of the District or to aid and
11-21 assist the District in providing the services authorized under this
11-22 Act. Any such contract may be for such duration and on such terms
11-23 and conditions as the parties determine. The contract may be
11-24 payable from taxes or any other sources of revenues which may be
11-25 available for such purpose. Any such contract may provide that
12-1 taxes or other revenues collected at a project of the District or
12-2 from persons using or purchasing commodities or services at the
12-3 project may be paid or rebated to the District under the terms
12-4 specified in the contract.
12-5 (c) The District may enter into contracts, leases, and
12-6 agreements with and accept or make grants and loans to or from the
12-7 United States and its departments and agencies, the state and its
12-8 agencies, counties, municipalities, and political subdivisions,
12-9 public or private corporations, including a nonprofit corporation
12-10 created under a resolution of the Board, and other persons and may
12-11 perform all acts necessary for the full exercise of the powers
12-12 vested in it on terms and conditions and for the term the Board may
12-13 determine to be advisable.
12-14 SECTION 15. COMPETITIVE BIDDING. The District shall
12-15 contract for services, improvements, or the purchase of materials,
12-16 machinery, equipment, supplies, or other property in excess of
12-17 $25,000 as provided by Subchapter k of Chapter 375, Local
12-18 Government Code.
12-19 SECTION 16. NOTICE AND CONSENT. The legislature finds that:
12-20 (1) proper and legal notice of the intention to
12-21 introduce this Act, setting forth the general substance of this
12-22 Act, has been published as provided by law, and the notice and a
12-23 copy of this Act have been furnished to all persons, agencies,
12-24 officials, or entities to which they are required to be furnished
12-25 by the constitution and laws of this state, including the governor
13-1 of Texas, who has submitted the notice and Act to the Texas Water
13-2 Commission;
13-3 (2) the Texas Water Commission has filed its
13-4 recommendations relating to this Act with the governor, lieutenant
13-5 governor, and speaker of the house of representatives within the
13-6 required time;
13-7 (3) the general law relating to consent by political
13-8 subdivisions to the creation of districts with conservation,
13-9 reclamation, and road powers and the inclusion of land in those
13-10 districts has been complied with; and
13-11 (4) all requirements of the constitution and laws of
13-12 this state and the rules and procedures of the legislature with
13-13 respect to the notice, introduction and passage of this Act have
13-14 been fulfilled and accomplished.
13-15 SECTION 17. SEVERABILITY CLAUSE. The provisions of this Act
13-16 are severable, and if any provision or part of this Act or the
13-17 application thereof to any person or circumstance is held by a
13-18 court of competent jurisdiction to be invalid or unconstitutional
13-19 for any reason, the remainder of this Act and the application of
13-20 that provision or part of this Act to other persons or
13-21 circumstances is not affected.
13-22 SECTION 18. EMERGENCY. The importance of this legislation
13-23 and the crowded condition of the calendars in both houses create an
13-24 emergency and an imperative public necessity that the
13-25 constitutional rule requiring bills to be read on three several
14-1 days in each house be suspended, and this rule is hereby suspended.