PAK S.B. 1750 75(R) BILL ANALYSIS STATE AFFAIRS S.B. 1750 By: Brown 5-7-97 Committee Report (Unamended) BACKGROUND The property owners, businesses, and merchants within the Kirby Drive area of Houston are desirous of upgrading and beautifying the area to enhance its public use and general commerce. Improvements contemplated include upgrades to streets, pedestrian areas, lighting, signals, signage, and other fixtures important to a heavily trafficked urban area. A municipal management district would facilitate the acquisition, construction, financing, operation, and maintenance of the desired improvements. All improvements would be at the sole expense of the district with no financial impact on the City of Houston or Harris County. PURPOSE As proposed, S.B. 1750 would establish the Upper Kirby Management District in the Greater Houston area. The management district would work to promote employment, transportation, housing, tourism, recreation, arts, entertainment, economic development, safety, and the public welfare in the district. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle A, Title 12, Local Government Code, by adding Subchapter D, Chapter 376, as follows: Section 376.121 creates the Upper Kirby Management District. Section 376.122 states the creation of the district to be necessary to promote employment, commerce, transportation, housing, tourism, recreation, arts, entertainment, economic development, safety, and the public welfare in the Kirby Drive area. Section 376.123 defines "board," "district," "city," and "county." Section 376.124 establishes the boundaries of the district and provides for inclusion and exclusion of land. Section 376.125 provides that the boundaries and field notes of the district form a closure and provides for a boundary error. Section 376.126 states that the legislature finds that creation of the district is in the public interest and benefits the areas in the district. Section 376.127 provides for interpretation of the Act in conformance with legislative findings. Section 376.128 establishes the governing body of the district as a board of five directors who shall serve staggered terms of four years and provides for the governance of the board. Section 376.129 provides for the appointment of directors and for the filling of vacant seats on the board. Section 376.130 grants the district the rights, powers, privileges, authorities and functions of districts created under Chapter 375, Local Government Code; the powers, duties, and contracting authority specified in Subchapters H and I, Chapter 49, Water Code; the powers given to development corporations created under Section 4B, Article 5190.6, Vernon's Texas Civil Statutes; the power of entities created under Chapter 394, Local Government Code; grants the district the power to levy ad valorem taxes, assessments, impact fees or other fees in accordance with Chapter 49, Water Code, for a purpose specified in Chapter 375, Local Government Code or as necessary to accomplish district functions; the power to contract with the municipality or county for the provision of security services; and the power to contract with private entities for the provision of security services. Section 376.131 states that this law prevails if in conflict with other laws. Section 376.132 provides for coverage by the Torts Claims Act. Section 376.133 authorizes the district to create a nonprofit corporation pursuant to Chapter 431, Transportation Code, to assist and act on behalf of the district in the implementation of certain transportation related projects or services. Section 376.134 authorizes the district to issue bonds, notes or other debt obligations in accordance with Subchapter I and J, Chapter 375, Local Government Code. Section 376.135 provides for the collection of assessments. Section 376.136 requires the district to hold elections pursuant to Subchapter L, Chapter 375, Local Government Code. Section 376.137 provides for the levy of a maintenance tax and requires the district to hold an election before a maintenance tax may be levied. Section 376.138 authorizes the dissolution of the district pursuant to Subchapter M, Chapter 375, Local Government Code, and requires the district, if dissolved, to remain in existence solely for the limited purpose of discharging its bonds or other obligations. Section 376.139 allows for the inclusion of the district or a part of the district within a tax incremental reinvestment zone. Section 376.140 exempts the property of public utilities from assessments or impact fees imposed by the district. SECTION 2. Appoints the initial members of the board and provides for the terms of office of its members. SECTION 3. States that the legislature finds that the notice requirements for a local bill have been met. SECTION 4. Emergency clause.