By: Whitmire S.B. No. 1694
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the administration, powers, and duties of the Greater
1-2 Greenspoint Management District of Harris County and political
1-3 subdivisions contracting with the district, including the powers to
1-4 issue bonds and levy taxes.
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, Acts of the 72nd Legislature, Regular
1-9 Session, 1991, the district is necessary to promote, develop,
1-10 encourage, and maintain transportation, housing, tourism,
1-11 convention and convocation activities, recreation, arts,
1-12 entertainment, and safety in the Greater Greenspoint area of Harris
1-13 County, Texas.
1-14 (b) The legislature finds, determines, and intends that by
1-15 creating the district and in authorizing the city, county, and
1-16 other political subdivisions to contract with the district it has
1-17 established a program to accomplish the public purposes set out in
1-18 Section 52-a, Article III, Texas Constitution.
1-19 SECTION 2. DEFINITIONS. In this Act:
1-20 (1) "Board" means the board of directors of the
1-21 district.
1-22 (2) "District" means the Greater Greenspoint
1-23 Management District of Harris County.
2-1 (3) "City" means the City of Houston, Texas.
2-2 (4) "County" means Harris County, Texas.
2-3 SECTION 3. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
2-4 legislature finds that, in addition to those benefits set forth in
2-5 Chapter 817, Acts of the 72nd Legislature, Regular Session, 1991,
2-6 the district will further promote the health, safety, welfare, and
2-7 enjoyment of the public by providing pedestrian ways and determines
2-8 that pedestrian ways along or across a street, whether at grade or
2-9 above or below the surface, and street lighting, street
2-10 landscaping, and street art objects are parts of and necessary
2-11 components of a street and shall be deemed to be a street or road
2-12 improvement.
2-13 (b) This Act shall be liberally construed in conformity with
2-14 the legislative findings and purposes stated in this Act and in
2-15 Chapter 817, Acts of the 72nd Legislature, Regular Session, 1991.
2-16 The district shall have all powers necessary or required for the
2-17 district to be able to accomplish the legislative purposes for
2-18 which the district is created.
2-19 SECTION 4. GENERAL POWERS. (a) In addition to all of the
2-20 rights, powers, privileges, and authority conferred by Chapter 817,
2-21 Acts of the 72nd Legislature, Regular Session, 1991, and the
2-22 general laws of this state, the district shall have the following
2-23 additional powers. The district shall have all of the powers of an
2-24 industrial development corporation created under the provisions of
2-25 the Development Corporation Act of 1979 (Article 5190.6, Vernon's
3-1 Texas Civil Statutes), and the district is authorized to own,
3-2 operate, acquire, construct, lease, improve, and maintain those
3-3 projects described in the Development Corporation Act of 1979
3-4 (Article 5190.6, Vernon's Texas Civil Statutes) and in this Act and
3-5 any other authorized project and to acquire land and other property
3-6 in accordance with Section 4B, Development Corporation Act of 1979
3-7 (Article 5190.6, Vernon's Texas Civil Statutes). The district
3-8 shall have the power to create, tax, assess, and hold elections in
3-9 a defined area pursuant to the terms of Chapter 54, Water Code, to
3-10 which defined area the district will provide improvements or
3-11 services for any project or activity the district is authorized to
3-12 acquire, construct, improve, or provide. The district shall have
3-13 the power to levy ad valorem taxes, assessments, or impact fees in
3-14 accordance with provisions of Chapter 375, Local Government Code,
3-15 to provide any improvements and services for any project or
3-16 activity the district is authorized to acquire, construct, improve,
3-17 or provide, but the district shall have no authority to levy a
3-18 sales tax. In addition, the board shall have the authority to
3-19 correct, add to, or delete from its assessment roll and to collect
3-20 assessments due under such corrections, additions, and deletions
3-21 after notice and hearing in the manner required under Section
3-22 375.115, Local Government Code. Without further authority or
3-23 procedural requirement, the district shall have the authority to
3-24 grant abatements for taxes and assessments owed to the district
3-25 consistent with the terms of Chapter 312, Tax Code. All laws or
4-1 provisions of laws referenced in this Act and subsequent amendments
4-2 to those laws are adopted and incorporated into this Act for all
4-3 purposes and may be used by the district independently of each
4-4 other. If any provision of the referenced laws is in conflict with
4-5 or inconsistent with this Act, this Act prevails.
4-6 (b) The district is authorized to adopt a resolution
4-7 authorizing the creation of a nonprofit corporation to aid, assist,
4-8 and act on behalf of the district in the implementation of any
4-9 project, the provision of residential housing, or the provision of
4-10 any services authorized by this Act. Without any further
4-11 authorization or approval, any such corporation authorized to be
4-12 created by the board shall be created and dissolved and its board
4-13 of directors shall be appointed by the board and shall serve in the
4-14 manner and for the terms and on the conditions of the board of a
4-15 local government corporation created pursuant to the provisions of
4-16 Section 4A, Texas Transportation Corporation Act (Article 1528l,
4-17 Vernon's Texas Civil Statutes). Any corporation so created shall
4-18 have the powers of and be deemed for all purposes to be a local
4-19 government corporation created pursuant to the provisions of
4-20 Section 4A, Texas Transportation Corporation Act (Article 1528l,
4-21 Vernon's Texas Civil Statutes), and shall have all the powers
4-22 necessary to implement any project and provide any services
4-23 authorized by this Act.
4-24 SECTION 5. BONDS AND ASSESSMENTS. (a) The district may
4-25 issue bonds or other obligations payable in whole or in part from
5-1 ad valorem taxes, assessments, impact fees, revenues, grants, or
5-2 other funds of the district, or any combination of those funds, to
5-3 pay for any authorized purpose of the district. Bonds or other
5-4 obligations of the district may be issued in the form of bonds,
5-5 notes, certificates of participation, including other instruments
5-6 evidencing a proportionate interest in payments to be made by the
5-7 district, or other obligations that are issued in the exercise of
5-8 the district's borrowing power.
5-9 (b) Assessments, reassessments, or assessments resulting
5-10 from an addition to or correction of the assessment roll by the
5-11 district, penalties and interest on an assessment or reassessment,
5-12 expenses of collection, and reasonable attorney's fees incurred by
5-13 the district are a first and prior lien against the property
5-14 assessed, are superior to any other lien or claim other than a lien
5-15 or claim for county, school district, or municipal ad valorem
5-16 taxes, and are the personal liability of and charge against the
5-17 owners of the property even if the owners are not named in the
5-18 assessment proceedings. The lien is effective from the date of the
5-19 resolution of the board levying the assessment until the assessment
5-20 is paid. The board may enforce the lien in the same manner that
5-21 the board may enforce an ad valorem tax lien against real property.
5-22 SECTION 6. ELECTIONS. The district shall hold elections as
5-23 provided by Subchapter L, Chapter 375, Local Government Code, for
5-24 the purpose of obtaining voter approval for the district to levy a
5-25 maintenance tax or to issue bonds payable from ad valorem taxes or
6-1 assessments, provided that the board may call a bond or maintenance
6-2 tax election on receipt of a written petition requesting such
6-3 election signed by 50 owners of property in the district, if there
6-4 are more than 50 persons who own property in the district as
6-5 determined by the most recent certified county property tax rolls.
6-6 The board may submit multiple purposes in a single proposition at
6-7 an election. When issuing bonds payable from a defined area under
6-8 Chapter 54, Water Code, any election required shall be held only in
6-9 such defined area and not within the entire district.
6-10 SECTION 7. MAINTENANCE TAX. If authorized at an election
6-11 held in accordance with Section 6 of this Act, the district may
6-12 levy and collect an annual ad valorem tax on taxable property in
6-13 the district for maintenance, operation, and upkeep of the district
6-14 and the improvements constructed or acquired by the district and
6-15 for the provision of services to industrial and commercial
6-16 businesses and residents and property owners. The board shall
6-17 determine the tax rate.
6-18 SECTION 8. CONTRACTS. (a) The city, the county, or any
6-19 other political subdivision, without further authorization, may
6-20 contract with the district to implement a project of the district
6-21 or to aid and assist the district in providing authorized services.
6-22 Any such contract may be for such duration and on such terms and
6-23 conditions as the parties determine. The contract may be payable
6-24 from taxes or any other sources of revenue which may be available
6-25 for such purpose. Any such contract may provide that taxes or
7-1 other revenues collected at a project of the district or at a
7-2 project in a tax increment reinvestment zone or from persons using
7-3 or purchasing commodities or services at any such project may be
7-4 paid or rebated to the district under the terms specified in the
7-5 contract.
7-6 (b) The district may enter into contracts, leases, and
7-7 agreements with and accept or make grants and loans to or from the
7-8 United States and its departments and agencies, the state and its
7-9 agencies, counties, municipalities, and political subdivisions,
7-10 public or private corporations, including a nonprofit corporation
7-11 created under a resolution of the board, and other persons and may
7-12 perform all acts necessary for the full exercise of the powers
7-13 vested in it on terms and conditions and for the term the board may
7-14 determine to be advisable.
7-15 (c) The district may join and pay dues to organizations that
7-16 enjoy tax-exempt status under Sections 501(c)(3), 501(c)(4), and
7-17 501(c)(6), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c))
7-18 that perform services or provide activities consistent with the
7-19 furtherance of the purposes of the district. An expenditure of
7-20 public funds for such memberships is hereby found to be in
7-21 furtherance of the purposes of the district and for a public
7-22 purpose.
7-23 SECTION 9. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All
7-24 or any part of the area of the district is eligible notwithstanding
7-25 other statutory criteria to be included in a tax increment
8-1 reinvestment zone created by the city under the provisions of
8-2 Chapter 311, Tax Code, or included in a tax abatement reinvestment
8-3 zone created by the city under the provisions of Chapter 312, Tax
8-4 Code. All or any part of the area of the district is also eligible
8-5 to be included in an enterprise zone by the city pursuant to the
8-6 provisions of Chapter 2303, Government Code.
8-7 SECTION 10. OWNERSHIP OF PROPERTY BY THE DISTRICT. After
8-8 title to real property is acquired by the district, no independent
8-9 school district, community college district, county, city, hospital
8-10 district, or other political subdivision or taxing authority may
8-11 foreclose its tax lien or otherwise pursue unpaid taxes on such
8-12 property which accrued prior to the district's ownership of the
8-13 property against the district or any successor in title to the
8-14 district which is a political subdivision of the State of Texas,
8-15 regardless of the manner in which or the price for which the
8-16 district obtained title to the property.
8-17 SECTION 11. NOTICE AND CONSENT. The legislature finds that:
8-18 (1) proper and legal notice of the intention to
8-19 introduce this Act, setting forth the general substance of this
8-20 Act, has been published as provided by law, and the notice and a
8-21 copy of this Act have been furnished to all persons, agencies,
8-22 officials, or entities to which they are required to be furnished
8-23 by the constitution and laws of this state, including the governor,
8-24 who has submitted the notice and Act to the Texas Natural Resource
8-25 Conservation Commission;
9-1 (2) the Texas Natural Resource Conservation Commission
9-2 has filed its recommendations relating to this Act with the
9-3 governor, lieutenant governor, and speaker of the house of
9-4 representatives within the required time; and
9-5 (3) all requirements of the constitution and laws of
9-6 this state and the rules and procedures of the legislature with
9-7 respect to the notice, introduction, and passage of this Act have
9-8 been fulfilled and accomplished.
9-9 SECTION 12. SEVERABILITY CLAUSE. The provisions of this Act
9-10 are severable and, if any provision or part of this Act or the
9-11 application thereof to any person or circumstance is held by a
9-12 court of competent jurisdiction to be invalid or unconstitutional
9-13 for any reason, the remainder of this Act and the application of
9-14 that provision or part of this Act to other persons or
9-15 circumstances is not affected.
9-16 SECTION 13. EMERGENCY. The importance of this legislation
9-17 and the crowded condition of the calendars in both houses create an
9-18 emergency and an imperative public necessity that the
9-19 constitutional rule requiring bills to be read on three several
9-20 days in each house be suspended, and this rule is hereby suspended.