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.