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 and political subdivisions 1-3 contracting with the District. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. LEGISLATIVE DECLARATION. (a) The legislature 1-6 finds, determines, and declares that, in addition to those purposes 1-7 set forth in Chapter 817, 72nd Legislature, Regular Session, 1991, 1-8 the District is necessary to promote, develop, encourage, and 1-9 maintain transportation, housing, tourism, convention and 1-10 convocation activities, recreation, arts, entertainment, and safety 1-11 in the Greater Greenspoint area of Harris County, Texas. 1-12 (b) The legislature finds, determines, and intends that by 1-13 creating the District and in authorizing the City, County and other 1-14 political subdivisions to contract with the District it has 1-15 established a program to accomplish the public purposes set out in 1-16 Article III, Section 52-a, of the Texas Constitution. 1-17 SECTION 2. DEFINITIONS. In this Act: 1-18 (1) "Board" means the board of directors of the 1-19 District. 1-20 (2) "District" means the Greater Greenspoint 1-21 Management District. 1-22 (3) "City" means the City of Houston, Texas. 1-23 (4) "County" means Harris County, Texas. 2-1 SECTION 3. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The 2-2 legislature finds that, in addition to those benefits set forth in 2-3 Chapter 817, 72nd Legislature, Regular Session, 1991, the District 2-4 will further promote the health, safety, welfare, and enjoyment of 2-5 the public by providing pedestrian ways and determines that 2-6 pedestrian ways along or across a street (whether at grade or above 2-7 or below the surface), and street lighting, street landscaping, and 2-8 street art objects are parts of and necessary components of a 2-9 street and shall be deemed to be a street or road improvement. 2-10 (b) This Act shall be liberally construed in conformity with 2-11 the legislative findings and purposes stated in this Act and in 2-12 Chapter 817 of the 72nd Legislature, Regular Session. The District 2-13 shall have all powers necessary or required for the District to be 2-14 able to accomplish the legislative purposes for which the District 2-15 is created. 2-16 SECTION 4. GENERAL POWERS. (a) In addition to all of the 2-17 rights, powers, privileges, and authority conferred by Chapter 817 2-18 of the 72nd Legislature, Regular Session, 1991 and the general laws 2-19 of this state, the District shall have the following additional 2-20 powers. The District shall have all of the powers of an industrial 2-21 development corporation created under the provisions of Article 2-22 5190.6, Vernon's Texas Civil Statutes, and the District is 2-23 authorized to own, operate, acquire, construct, lease, improve, and 2-24 maintain those projects described in Article 5190.6, Vernon's Texas 2-25 Civil Statutes and in this Act and any other authorized project and 3-1 to acquire land and other property in accordance with Section 4B of 3-2 Article 5190.6, Vernon's Texas Civil Statutes. The District shall 3-3 have the power to create, tax, assess, and hold elections in a 3-4 "defined area" pursuant to the terms of Chapter 54, Texas Water 3-5 Code, to which "defined area" the District will provide 3-6 improvements and services for any project or activity the District 3-7 is authorized to acquire, construct, improve or provide. The 3-8 District shall have the power to levy ad valorem taxes, 3-9 assessments, or impact fees in accordance with provisions of 3-10 Chapter 375, Local Government Code, to provide any improvements and 3-11 services for any project or activity the District is authorized to 3-12 acquire, construct, improve, or provide, but the District shall 3-13 have no authority to levy a sales tax. In addition, the Board 3-14 shall have the authority to correct, add to or delete from its 3-15 assessment roll and to collect assessments due under such 3-16 corrections, additions and deletions after notice and hearing in 3-17 the manner required under Section 375.115. Without further 3-18 authority or procedural requirement, the District shall have the 3-19 authority to grant abatements for taxes and/or assessments owed to 3-20 the District consistent with the terms of Chapter 312, Texas Tax 3-21 Code. All laws or provisions of laws referenced in this Act and 3-22 subsequent amendments to those laws are adopted and incorporated 3-23 into this Act for all purposes and may be used by the District 3-24 independently of each other. If any provision of the referenced 3-25 laws is in conflict with or inconsistent with this Act, this Act 4-1 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 of Article 1528l, Vernon's Texas Civil Statutes. Any 4-13 corporation so created shall have the powers of and be deemed for 4-14 all purposes to be a local government corporation created pursuant 4-15 to the provisions of Section 4A of Article 1528l and shall have all 4-16 the powers necessary to implement any project and provide any 4-17 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 from 5-4 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 Texas Water Code, any election required 6-3 shall be 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 the Internal Revenue Code Sections 7-12 501(c)3, 501(c)4 and 501(C)6, that perform services or provide 7-13 activities consistent with the furtherance of the purposes of the 7-14 District. An expenditure of public funds for such memberships is 7-15 hereby found to be in furtherance of the purposes of the District 7-16 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, Texas 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.