SRC-TNM S.B. 921 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 921
By: Galloway
Intergovernmental Relations
4-14-97
As Filed


DIGEST 

Currently, improvement district are created to diversify the economy of
the state by promoting, encouraging, and developing employment, commerce,
economic development, and public welfare. These districts promote the
transportation of agriculture, industrial and commercial products, and
provide needed funding to preserve, maintain, and enhance the economic
health and vitality of an area as a community and a business and
industrial center.  S.B. 921 would create the East Montgomery County
Improvement District and authorize a tax approved by a majority of the
qualified voters of the district. 

PURPOSE

As proposed, S.B. 921 outlines provisions and authorizes a tax regarding
the creation of the East Montgomery County Improvement District. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the East Montgomery County Improvement
District under SECTION 16(a)(7) and the board of directors of the East
Montgomery County Improvement District under SECTIONS 22(a), 26, 32, and
33(a) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. CREATION OF DISTRICT. Provides that a special district to be
known as the "East Montgomery County Improvement District" (district)
exists as a governmental agency, body politic and corporate, and political
subdivision of the state.  Provides that the district is a governmental
unit for purposes of Chapter 101, Civil Practice and Remedies Code, and
operations of the district are considered for all purposes, including the
application of that chapter, to be essential governmental functions and
not proprietary functions.  Authorizes the name of the district to be
changed by resolution of the board of directors of the district (board). 

SECTION 2. DECLARATION OF INTENT. Provides that the creation of the
district is essential to accomplish the purposes of Section 52, Article
III, and Section 59, Article XVI, Texas Constitution, and other public
purposes stated in this Act and necessary to promote, develop, encourage,
and maintain employment, commerce, economic development, and the public
welfare in the eastern area of Montgomery County.  Provides that the
district is created to supplement and not to supplant Montgomery County,
Texas (county), the governmental agency, political subdivision, or
municipal services provided in the district.  Provides that this Act does
not relieve the county or a governmental agency, political subdivision, or
municipality from providing the level of services the entity provides in
the district as of August 31, 1997, or release the county or a
governmental agency, political subdivision, or municipality from the
obligations the entity has to provide services to that area. 

SECTION 3. DEFINITIONS. Defines "board," "district," and "county."

SECTION 4. BOUNDARIES. Provides that the boundaries of the district are
coextensive with the boundaries of the New Caney Independent School
District and the Splendora Independent School District as those boundaries
exist on January 1, 1997. 

 SECTION 5. FINDINGS RELATING TO BOUNDARIES. Provides that the boundaries
and field notes of the district form a closure.  Sets forth
characteristics of the district a mistake does not in any way affect if
the mistake is made in the field notes or in copying the field notes in
the legislative process. 

SECTION 6. FINDING OF BENEFIT AND PUBLIC PURPOSE. Provides that all the
land and other property included in the district will be benefitted by the
works, projects, improvements, and services to be provided by the district
under powers granted by Section 52, Article III, and Section 59, Article
XVI, Texas Constitution, and other powers granted by this Act.  Provides
that the district is created to serve a public use and benefit.  Provides
that the creation of the district is in the public interest and is
essential to further the public purposes of the development and
diversification of the economy of the state and eliminate unemployment and
underemployment and develop or expand transportation and commerce.  Sets
forth the duties of the district.  Provides that each improvement project
authorized by this Act is essential to carry out a public purpose.
Provides that the district will not act as the agent or instrumentality of
any private interest even though many private interests will be benefitted
by the district, as will the general public. 

SECTION 7. INITIAL DIRECTORS. Requires the commissioners court of the
county to appoint eight initial directors.  Requires a person to have the
qualifications specified in SECTION 12 of this Act to be qualified for
appointment as a director.  Requires the commissioners court to attempt to
compose the board of persons who reflect the residents in the area of the
district in making appointments. 

SECTION 8. CONFIRMATION ELECTION.  Sets forth requirements and outlines
provisions regarding the confirmation election to determine if the
proposed district shall be established. 

SECTION 9. ELECTION OF DIRECTORS. Sets forth requirements regarding the
election of the initial permanent directors of the board (director).   

SECTION 10. BOARD OF DIRECTORS; TERMS.   Sets forth the terms of the board
of directors of the district. 

SECTION 11. ADMINISTRATION OF  BOARD.  Provides that Sections
375.066-375.070, Local Government Code, apply to the board as if it were
established under Chapter 375, Local Government Code. 

SECTION 12. QUALIFICATIONS OF DIRECTOR. Sets forth qualifications of a
director.  Provides that a person or entity that owns an interest in a
general or limited partnership owning real property in the district or
that has a lease of rental property in the district with a remaining term
of 10 years or more, excluding options, is considered to be an owner of
real property for purposes of this section. 

SECTION 13. QUORUM.  Sets forth the composition of a quorum.

SECTION 14. PARTICIPATION IN VOTING. Provides that a person who qualifies
to serve on the board is qualified to serve as a director and participate
in all votes pertaining to the business of the district regardless of any
other statutory provision to the contrary. 

SECTION 15. GENERAL POWERS. Sets forth general powers of the district.

SECTION 16. SPECIFIC POWERS AND LIMITATIONS. Sets forth specific powers
and limitations of the district. 

SECTION 17. SPECIFIC POWERS RELATING TO IMPROVEMENTS.  Sets forth specific
powers of the district relating to improvements. 

SECTION 18. RELATION TO OTHER LAW. Provides that if a provision of a law
referenced in SECTION 15 of this Act or referenced in Chapter 375E, Local
Government Code, is in conflict with or inconsistent with this Act, this
Act prevails.  Provides that a law referenced in SECTIONS 15 of this Act
or referenced in Chapter 375E, Local Government Code, that is not in
conflict with or  inconsistent with this Act is adopted and incorporated
by reference and may be used by the district independently of each other. 

SECTION 19. NO EMINENT DOMAIN POWER. Prohibits the district from
exercising the power of eminent domain. 

SECTION 20. CERTAIN RESIDENTIAL PROPERTY EXEMPT. Prohibits the district
from imposing an impact fee or assessment on a single family residential
property or a residential duplex, triplex, quadruplex, or condominium. 

SECTION 21. SALES AND USE TAX; EXCISE TAX. Outlines provisions regarding a
sales and use tax and an excise tax.  Defines "taxable items," and "use." 

SECTION 22. TAX ELECTION PROCEDURES. Sets forth requirements and outlines
provisions regarding tax election procedures. 

SECTION 23. IMPOSITION, COMPUTATION, ADMINISTRATION, AND GOVERNANCE OF
TAX.  Provides that Chapter 323, Tax Code, to the extent not inconsistent
with this chapter, governs the application, collection, and administration
of the tax under this Act, except Sections 323.401 through 323.406, and
323.505, Tax Code, do not apply.  Provides that Titles 2A and B and
Chapter 151, Tax Code, govern the administration  and enforcement of the
taxes under this Act.  Provides that Chapter 323, Tax Code, does not apply
to the use and allocation of revenues under this chapter. Requires the
district's name to be substituted for references in that chapter to "the
county" and the board of directors of the district is substituted for
references in that chapter to "commissioners court" in applying Chapter
323, Tax Code. 

SECTION 24. EFFECTIVE DATE OF TAX OR TAX CHANGE. Provides that the
adoption of a tax rate or change in the tax rate takes effect after the
expiration of the first complete calendar quarter occurring after the date
on which the comptroller receives a notice of the results of the election. 

SECTION 25. TAX RATES. Authorizes the district to impose certain tax rates.

SECTION 26. ABOLITION OF TAX RATE. Authorizes the board, by order, to
abolish the local sales and use tax rate without an election. 

SECTION 27. USE OF TAX. Authorizes taxes collected under this section to
be used for the purposes for which the district was created. 

SECTION 28. SUBMISSION OF ANNEXATION INFORMATION. Sets forth requirements
regarding the submission of annexation information. 

SECTION 29. APPLICATION OF CERTAIN TAX PROCEEDS. Sets forth requirements
regarding the application of certain tax proceeds.  Defines "net
proceeds." 

SECTION 30. LIMITATION ON INDEBTEDNESS. Outlines provisions and sets forth
requirements regarding limitations on indebtedness. 

SECTION 31. CONTRACTING AUTHORITY. Outlines provisions regarding the
district contracting with an authority. 

SECTION 32. DISSOLUTION BY BOARD ORDER. Authorizes the board, by order, to
dissolve the district at any time unless the district has outstanding
indebtedness or contractual obligations. 

SECTION 33. DISSOLUTION BY PETITION OF OWNERS. Sets forth requirements and
outlines provisions regarding the dissolution by petition of owners of 75
percent or more of the real property acreage in the district. 

SECTION 34. ADMINISTRATION OF DISTRICT PROPERTY FOLLOWING DISSOLUTION.
Sets forth requirements regarding the administration of district property
following dissolution. 
 
SECTION 35. NOTICE AND CONSENT. Sets forth findings of the legislature
regarding notice and consent. 

SECTION 36. Emergency clause.
  Effective date: upon passage.