By Nixon H.B. No. 3598
75R13030 SKB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers of Harris County Improvement District No. 1;
1-3 granting the power of eminent domain.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6, Chapter 1026, Acts of the 70th
1-6 Legislature, Regular Session, 1987, is amended by adding
1-7 Subsections (C), (D), and (E) to read as follows:
1-8 (C) The district has the rights, powers, privileges,
1-9 authority, and functions of a district created under Chapter 375,
1-10 Local Government Code.
1-11 (D) The district has the powers given to a corporation under
1-12 Section 4B, Development Corporation Act of 1979 (Article 5190.6,
1-13 Vernon's Texas Civil Statutes).
1-14 (E) The district may acquire fee simple title to property or
1-15 any authorized project by purchase, lease, or the exercise of the
1-16 power of eminent domain and may sell property on the terms and
1-17 conditions and in the manner the district determines advisable.
1-18 The district must exercise the power of eminent domain in the
1-19 manner provided by Chapter 21, Property Code.
1-20 SECTION 2. Chapter 1026, Acts of the 70th Legislature,
1-21 Regular Session, 1987, is amended by adding Section 7A to read as
1-22 follows:
1-23 Sec. 7A. TAXES AND ASSESSMENTS. (A) The district may
1-24 impose an ad valorem tax, assessment, or impact fee in accordance
2-1 with Chapter 375, Local Government Code, to provide improvements or
2-2 services for a project or activity the district is authorized to
2-3 acquire, construct, improve, or provide under this Act.
2-4 (B) The board may impose and collect an ad valorem tax or an
2-5 assessment, call and hold an election, or issue a bond, note, or
2-6 other obligation without a petition by property owners.
2-7 SECTION 3. Chapter 1026, Acts of the 70th Legislature,
2-8 Regular Session, 1987, is amended by adding Section 7B to read as
2-9 follows:
2-10 Sec. 7B. NONPROFIT CORPORATION. (A) The board by
2-11 resolution may authorize the creation of a nonprofit corporation to
2-12 assist and act on behalf of the district in implementing a project
2-13 or providing a service authorized by this Act.
2-14 (B) The board shall appoint the board of directors of a
2-15 nonprofit corporation created under this section. The board of
2-16 directors of the nonprofit corporation serves in the same manner
2-17 as, for the same term as, and on the conditions of the board of
2-18 directors of a local government corporation created under Chapter
2-19 431, Transportation Code.
2-20 (C) A nonprofit corporation created under this section has
2-21 the powers of and is considered for purposes of this Act to be a
2-22 local government corporation created under Subchapter D, Chapter
2-23 431, Transportation Code.
2-24 (D) A nonprofit corporation created under this section may
2-25 implement any project and provide any services authorized by this
2-26 Act.
2-27 SECTION 4. Chapter 1026, Acts of the 70th Legislature,
3-1 Regular Session, 1987, is amended by adding Section 7C to read as
3-2 follows:
3-3 Sec. 7C. ASSESSMENTS. (A) The board may impose and collect
3-4 an assessment for any purpose authorized by this Act.
3-5 (B) An assessment, reassessment, or assessment resulting
3-6 from an addition to or correction of the assessment roll by the
3-7 district, a penalty or interest on an assessment or reassessment,
3-8 an expense of collection, and a reasonable attorney's fee incurred
3-9 by the district are:
3-10 (1) a first and prior lien against the property
3-11 assessed;
3-12 (2) superior to any other lien or claim other than a
3-13 lien or claim for county, school district, or municipal ad valorem
3-14 taxes; and
3-15 (3) the personal liability of and charge against the
3-16 owners of the property even if the owners are not named in the
3-17 assessment proceedings.
3-18 (C) The lien is effective from the date of the resolution of
3-19 the board imposing the assessment until the assessment is paid.
3-20 The board may enforce the lien in the same manner that the board
3-21 may enforce an ad valorem tax lien against real property.
3-22 SECTION 5. (a) The legislature validates and confirms all
3-23 governmental acts and proceedings of the Harris County Improvement
3-24 District No. 1 and the district's board of directors that occurred
3-25 before the effective date of this Act.
3-26 (b) This section does not apply to any matter that on the
3-27 effective date of this Act:
4-1 (1) is involved in litigation if the litigation
4-2 ultimately results in the matter being held invalid by a final
4-3 judgment of a court of competent jurisdiction; or
4-4 (2) has been held invalid by a court of competent
4-5 jurisdiction.
4-6 SECTION 6. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended,
4-11 and that this Act take effect and be in force from and after its
4-12 passage, and it is so enacted.