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.