1-1 By: Whitmire S.B. No. 1694
1-2 (In the Senate - Filed May 1, 1995; May 2, 1995, read first
1-3 time and referred to Committee on Economic Development;
1-4 May 10, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 9, Nays 0; May 10, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Ellis
1-7 Amend S.B. No. 1694 as follows:
1-8 1. On page 7, line 16 (committee printing page 3, line 57),
1-9 insert "real" between "to" and "property".
1-10 2. On page 7, line 22 (committee printing page 3, line 63),
1-11 insert "which is a political subdivision of the State of Texas"
1-12 between "district" and the comma.
1-13 A BILL TO BE ENTITLED
1-14 AN ACT
1-15 relating to the administration, powers, and duties of the Greater
1-16 Greenspoint Management District of Harris County and political
1-17 subdivisions contracting with the district.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. LEGISLATIVE DECLARATION. (a) The legislature
1-20 finds, determines, and declares that, in addition to those purposes
1-21 set forth in Chapter 817, Acts of the 72nd Legislature, Regular
1-22 Session, 1991, the district is necessary to promote, develop,
1-23 encourage, and maintain transportation, housing, tourism,
1-24 convention and convocation activities, recreation, arts,
1-25 entertainment, and safety in the Greater Greenspoint area of Harris
1-26 County, Texas.
1-27 (b) The legislature finds, determines, and intends that by
1-28 creating the district and in authorizing the city, county, and
1-29 other political subdivisions to contract with the district it has
1-30 established a program to accomplish the public purposes set out in
1-31 Section 52-a, Article III, Texas Constitution.
1-32 SECTION 2. DEFINITIONS. In this Act:
1-33 (1) "Board" means the board of directors of the
1-34 district.
1-35 (2) "District" means the Greater Greenspoint
1-36 Management District of Harris County.
1-37 (3) "City" means the City of Houston, Texas.
1-38 (4) "County" means Harris County, Texas.
1-39 SECTION 3. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
1-40 legislature finds that, in addition to those benefits set forth in
1-41 Chapter 817, Acts of the 72nd Legislature, Regular Session, 1991,
1-42 the district will further promote the health, safety, welfare, and
1-43 enjoyment of the public by providing pedestrian ways and determines
1-44 that pedestrian ways along or across a street, whether at grade or
1-45 above or below the surface, and street lighting, street
1-46 landscaping, and street art objects are parts of and necessary
1-47 components of a street and shall be deemed to be a street or road
1-48 improvement.
1-49 (b) This Act shall be liberally construed in conformity with
1-50 the legislative findings and purposes stated in this Act and in
1-51 Chapter 817, Acts of the 72nd Legislature, Regular Session, 1991.
1-52 The district shall have all powers necessary or required for the
1-53 district to be able to accomplish the legislative purposes for
1-54 which the district is created.
1-55 SECTION 4. GENERAL POWERS. (a) In addition to all of the
1-56 rights, powers, privileges, and authority conferred by Chapter 817,
1-57 Acts of the 72nd Legislature, Regular Session, 1991, and the
1-58 general laws of this state, the district shall have the following
1-59 additional powers. The district shall have all of the powers of an
1-60 industrial development corporation created under the provisions of
1-61 the Development Corporation Act of 1979 (Article 5190.6, Vernon's
1-62 Texas Civil Statutes), and the district is authorized to own,
1-63 operate, acquire, construct, lease, improve, and maintain those
1-64 projects described in the Development Corporation Act of 1979
1-65 (Article 5190.6, Vernon's Texas Civil Statutes) and in this Act and
1-66 any other authorized project and to acquire land and other property
1-67 in accordance with Section 4B, Development Corporation Act of 1979
1-68 (Article 5190.6, Vernon's Texas Civil Statutes). The district
2-1 shall have the power to create, tax, assess, and hold elections in
2-2 a defined area pursuant to the terms of Chapter 54, Water Code, to
2-3 which defined area the district will provide improvements or
2-4 services for any project or activity the district is authorized to
2-5 acquire, construct, improve, or provide. The district shall have
2-6 the power to levy ad valorem taxes, assessments, or impact fees in
2-7 accordance with provisions of Chapter 375, Local Government Code,
2-8 to provide any improvements and services for any project or
2-9 activity the district is authorized to acquire, construct, improve,
2-10 or provide, but the district shall have no authority to levy a
2-11 sales tax. In addition, the board shall have the authority to
2-12 correct, add to, or delete from its assessment roll and to collect
2-13 assessments due under such corrections, additions, and deletions
2-14 after notice and hearing in the manner required under Section
2-15 375.115, Local Government Code. Without further authority or
2-16 procedural requirement, the district shall have the authority to
2-17 grant abatements for taxes and assessments owed to the district
2-18 consistent with the terms of Chapter 312, Tax Code. All laws or
2-19 provisions of laws referenced in this Act and subsequent amendments
2-20 to those laws are adopted and incorporated into this Act for all
2-21 purposes and may be used by the district independently of each
2-22 other. If any provision of the referenced laws is in conflict with
2-23 or inconsistent with this Act, this Act prevails.
2-24 (b) The district is authorized to adopt a resolution
2-25 authorizing the creation of a nonprofit corporation to aid, assist,
2-26 and act on behalf of the district in the implementation of any
2-27 project, the provision of residential housing, or the provision of
2-28 any services authorized by this Act. Without any further
2-29 authorization or approval, any such corporation authorized to be
2-30 created by the board shall be created and dissolved and its board
2-31 of directors shall be appointed by the board and shall serve in the
2-32 manner and for the terms and on the conditions of the board of a
2-33 local government corporation created pursuant to the provisions of
2-34 Section 4A, Texas Transportation Corporation Act (Article 1528l,
2-35 Vernon's Texas Civil Statutes). Any corporation so created shall
2-36 have the powers of and be deemed for all purposes to be a local
2-37 government corporation created pursuant to the provisions of
2-38 Section 4A, Texas Transportation Corporation Act (Article 1528l,
2-39 Vernon's Texas Civil Statutes), and shall have all the powers
2-40 necessary to implement any project and provide any services
2-41 authorized by this Act.
2-42 SECTION 5. BONDS AND ASSESSMENTS. (a) The district may
2-43 issue bonds or other obligations payable in whole or in part from
2-44 ad valorem taxes, assessments, impact fees, revenues, grants, or
2-45 other funds of the district, or any combination of those funds, to
2-46 pay for any authorized purpose of the district. Bonds or other
2-47 obligations of the district may be issued in the form of bonds,
2-48 notes, certificates of participation, including other instruments
2-49 evidencing a proportionate interest in payments to be made by the
2-50 district, or other obligations that are issued in the exercise of
2-51 the district's borrowing power.
2-52 (b) Assessments, reassessments, or assessments resulting
2-53 from an addition to or correction of the assessment roll by the
2-54 district, penalties and interest on an assessment or reassessment,
2-55 expenses of collection, and reasonable attorney's fees incurred by
2-56 the district are a first and prior lien against the property
2-57 assessed, are superior to any other lien or claim other than a lien
2-58 or claim for county, school district, or municipal ad valorem
2-59 taxes, and are the personal liability of and charge against the
2-60 owners of the property even if the owners are not named in the
2-61 assessment proceedings. The lien is effective from the date of the
2-62 resolution of the board levying the assessment until the assessment
2-63 is paid. The board may enforce the lien in the same manner that
2-64 the board may enforce an ad valorem tax lien against real property.
2-65 SECTION 6. ELECTIONS. The district shall hold elections as
2-66 provided by Subchapter L, Chapter 375, Local Government Code, for
2-67 the purpose of obtaining voter approval for the district to levy a
2-68 maintenance tax or to issue bonds payable from ad valorem taxes or
2-69 assessments, provided that the board may call a bond or maintenance
2-70 tax election on receipt of a written petition requesting such
3-1 election signed by 50 owners of property in the district, if there
3-2 are more than 50 persons who own property in the district as
3-3 determined by the most recent certified county property tax rolls.
3-4 The board may submit multiple purposes in a single proposition at
3-5 an election. When issuing bonds payable from a defined area under
3-6 Chapter 54, Water Code, any election required shall be held only in
3-7 such defined area and not within the entire district.
3-8 SECTION 7. MAINTENANCE TAX. If authorized at an election
3-9 held in accordance with Section 6 of this Act, the district may
3-10 levy and collect an annual ad valorem tax on taxable property in
3-11 the district for maintenance, operation, and upkeep of the district
3-12 and the improvements constructed or acquired by the district and
3-13 for the provision of services to industrial and commercial
3-14 businesses and residents and property owners. The board shall
3-15 determine the tax rate.
3-16 SECTION 8. CONTRACTS. (a) The city, the county, or any
3-17 other political subdivision, without further authorization, may
3-18 contract with the district to implement a project of the district
3-19 or to aid and assist the district in providing authorized services.
3-20 Any such contract may be for such duration and on such terms and
3-21 conditions as the parties determine. The contract may be payable
3-22 from taxes or any other sources of revenue which may be available
3-23 for such purpose. Any such contract may provide that taxes or
3-24 other revenues collected at a project of the district or at a
3-25 project in a tax increment reinvestment zone or from persons using
3-26 or purchasing commodities or services at any such project may be
3-27 paid or rebated to the district under the terms specified in the
3-28 contract.
3-29 (b) The district may enter into contracts, leases, and
3-30 agreements with and accept or make grants and loans to or from the
3-31 United States and its departments and agencies, the state and its
3-32 agencies, counties, municipalities, and political subdivisions,
3-33 public or private corporations, including a nonprofit corporation
3-34 created under a resolution of the board, and other persons and may
3-35 perform all acts necessary for the full exercise of the powers
3-36 vested in it on terms and conditions and for the term the board may
3-37 determine to be advisable.
3-38 (c) The district may join and pay dues to organizations that
3-39 enjoy tax-exempt status under Sections 501(c)(3), 501(c)(4), and
3-40 501(c)(6), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c))
3-41 that perform services or provide activities consistent with the
3-42 furtherance of the purposes of the district. An expenditure of
3-43 public funds for such memberships is hereby found to be in
3-44 furtherance of the purposes of the district and for a public
3-45 purpose.
3-46 SECTION 9. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All
3-47 or any part of the area of the district is eligible notwithstanding
3-48 other statutory criteria to be included in a tax increment
3-49 reinvestment zone created by the city under the provisions of
3-50 Chapter 311, Tax Code, or included in a tax abatement reinvestment
3-51 zone created by the city under the provisions of Chapter 312, Tax
3-52 Code. All or any part of the area of the district is also eligible
3-53 to be included in an enterprise zone by the city pursuant to the
3-54 provisions of Chapter 2303, Government Code.
3-55 SECTION 10. OWNERSHIP OF PROPERTY BY THE DISTRICT. After
3-56 title to property is acquired by the district, no independent
3-57 school district, community college district, county, city, hospital
3-58 district, or other political subdivision or taxing authority may
3-59 foreclose its tax lien or otherwise pursue unpaid taxes on such
3-60 property which accrued prior to the district's ownership of the
3-61 property against the district or any successor in title to the
3-62 district, regardless of the manner in which or the price for which
3-63 the district obtained title to the property.
3-64 SECTION 11. NOTICE AND CONSENT. The legislature finds that:
3-65 (1) proper and legal notice of the intention to
3-66 introduce this Act, setting forth the general substance of this
3-67 Act, has been published as provided by law, and the notice and a
3-68 copy of this Act have been furnished to all persons, agencies,
3-69 officials, or entities to which they are required to be furnished
3-70 by the constitution and laws of this state, including the governor,
4-1 who has submitted the notice and Act to the Texas Natural Resource
4-2 Conservation Commission;
4-3 (2) the Texas Natural Resource Conservation Commission
4-4 has filed its recommendations relating to this Act with the
4-5 governor, lieutenant governor, and speaker of the house of
4-6 representatives within the required time; and
4-7 (3) all requirements of the constitution and laws of
4-8 this state and the rules and procedures of the legislature with
4-9 respect to the notice, introduction, and passage of this Act have
4-10 been fulfilled and accomplished.
4-11 SECTION 12. SEVERABILITY CLAUSE. The provisions of this Act
4-12 are severable and, if any provision or part of this Act or the
4-13 application thereof to any person or circumstance is held by a
4-14 court of competent jurisdiction to be invalid or unconstitutional
4-15 for any reason, the remainder of this Act and the application of
4-16 that provision or part of this Act to other persons or
4-17 circumstances is not affected.
4-18 SECTION 13. EMERGENCY. The importance of this legislation
4-19 and the crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.
4-23 * * * * *