By Gallegos S.B. No. 19
75R11010 SKB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Greater East End Management
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 12, Local Government Code, is
1-6 amended by adding Chapter 376 to read as follows:
1-7 CHAPTER 376. SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS
1-8 (Subchapters A-D reserved for expansion
1-9 SUBCHAPTER E. GREATER EAST END MANAGEMENT DISTRICT
1-10 Sec. 376.161. CREATION OF DISTRICT. (a) A special district
1-11 to be known as the "Greater East End Management District" exists as
1-12 a governmental agency, body politic and corporate, and political
1-13 subdivision of the state.
1-14 (b) The name of the district may be changed by resolution of
1-15 the board.
1-16 (c) The creation of the district is essential to accomplish
1-17 the purposes of Section 52, Article III, Section 59, Article XVI,
1-18 and Section 52-a, Article III, Texas Constitution, and other public
1-19 purposes stated in this subchapter.
1-20 Sec. 376.162. DECLARATION OF INTENT. (a) The creation of
1-21 the district is necessary to promote, develop, encourage, and
1-22 maintain employment, commerce, transportation, housing, tourism,
1-23 recreation, arts, entertainment, economic development, safety, and
1-24 the public welfare in the Richmond Avenue area of the city of
2-1 Houston.
2-2 (b) The creation of the district and this legislation are
2-3 not to be interpreted to relieve the county or the municipality
2-4 from providing the level of services, as of September 1, 1997, to
2-5 the area in the district or to release the county or the
2-6 municipality from the obligations each entity has to provide
2-7 services to that area. The district is created to supplement and
2-8 not supplant the municipal or county services provided in the area
2-9 in the district.
2-10 (c) By creating the district and in authorizing the
2-11 municipality, county, and other political subdivisions to contract
2-12 with the district, the legislature has established a program to
2-13 accomplish the public purposes set out in Section 52-a, Article
2-14 III, Texas Constitution.
2-15 Sec. 376.163. DEFINITIONS. In this subchapter:
2-16 (1) "Board" means the board of directors of the
2-17 district.
2-18 (2) "District" means the Greater East End Management
2-19 District.
2-20 (3) "Municipality" means the City of Houston, Texas.
2-21 (4) "County" means Harris County, Texas.
2-22 Sec. 376.164. BOUNDARIES. The district includes all the
2-23 territory contained in the following described area:
2-24 Being 23 square miles acres, more or less, out of the D.
2-25 GREGG Abstract, Survey No. 238, the S.M. WILLIAMS Abstract, Survey
2-26 No. 87, the HARRIS & WILSON Abstract, Survey No.32, the L. MOORE
2-27 Abstract, Survey No. 51, the S.M. HARRIS Abstract, Survey No. 327,
3-1 the J. BROWN Abstract, Survey No. 8, the H. TIERWESTER Abstract,
3-2 Survey No. 76, the J. WELLS Abstract, Survey No. 832, the J. THOMAS
3-3 Abstract, Survey No. 74, the J. THOMAS Abstract, Survey No. 762,
3-4 the H.B. PRENTISS Abstract, Survey No. 56, the CALLAHAN & VINCE
3-5 Abstract, Survey No. 9, the J.R. HARRIS Abstract, Survey No. 27,
3-6 the J. AUSTIN Abstract, Survey No. 1, and the J. HOLMAN Abstract,
3-7 Survey No. 323, all located in Harris County, Texas, being more
3-8 particularly described by metes and bounds as follows:
3-9 BEGINNING AT A POINT being the point of intersection of the
3-10 centerline of Interstate Highway 10 East, a.k.a. "the East Freeway"
3-11 and the centerline of East Loop 610,
3-12 Thence in a southerly direction with the centerline of East
3-13 Loop 610, passing the centerline of Buffalo Bayou and continuing in
3-14 a southerly direction with the East Line of Loop 610 along a curve
3-15 to the right and proceeding in a southwesterly direction with the
3-16 centerline of Loop 610, passing the centerline of Interstate 45
3-17 South to the point of intersection with the centerline of Telephone
3-18 Road,
3-19 Thence in a northwesterly direction with the centerline of
3-20 Telephone Road to the point of intersection with the centerline of
3-21 Brays Bayou,
3-22 Thence in a westerly direction following the meanders of the
3-23 centerline of Brays Bayou to the point of intersection with the
3-24 centerline of Calhoun Street,
3-25 Thence in a northerly direction with the centerline of
3-26 Calhoun Street, passing the intersection with the centerline of
3-27 Wheeler Street and continuing with the centerline of Calhoun Street
4-1 (also known as Martin Luther King Boulevard along certain portions
4-2 of that right of way) to the point of intersection with the
4-3 centerline of Interstate 45 South,
4-4 Thence in a northwesterly direction with the centerline of
4-5 Interstate 45 South to the point of intersection with the
4-6 centerline of U.S. Highway 59,
4-7 Thence in a northerly direction with the centerline of U.S.
4-8 Highway 59, passing the centerline of Buffalo Bayou and continuing
4-9 to the point of intersection with the centerline of Interstate
4-10 Highway 10 East, a.k.a. "the East Freeway",
4-11 THENCE in an easterly direction wtih the centerline of
4-12 Interstate Highway 10 East, a.k.a. "the East Freeway" to the POINT
4-13 OF BEGINNING.
4-14 Sec. 376.165. FINDINGS RELATING TO BOUNDARIES. The
4-15 boundaries and field notes of the district form a closure. If a
4-16 mistake is made in the field notes or in copying the field notes in
4-17 the legislative process, the mistake does not in any way affect
4-18 the:
4-19 (1) organization, existence, and validity of the
4-20 district;
4-21 (2) right of the district to issue any type of bonds
4-22 or refunding bonds for the purposes for which the district is
4-23 created or to pay the principal of and interest on the bonds;
4-24 (3) right of the district to impose and collect
4-25 assessments or taxes; or
4-26 (4) legality or operation of the district or its
4-27 governing body.
5-1 Sec. 376.166. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
5-2 All the land and other property included in the district will be
5-3 benefited by the improvements and services to be provided by the
5-4 district under powers conferred by Section 52, Article III, Section
5-5 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
5-6 and other powers granted under this subchapter, and the district is
5-7 created to serve a public use and benefit.
5-8 (b) The creation of the district is in the public interest
5-9 and is essential to:
5-10 (1) further the public purposes of the development and
5-11 diversification of the economy of the state; and
5-12 (2) eliminate unemployment and underemployment and
5-13 develop or expand transportation and commerce.
5-14 (c) The district will:
5-15 (1) promote the health, safety, and general welfare of
5-16 residents, employers, employees, visitors, consumers in the
5-17 district, and the general public;
5-18 (2) provide needed funding for the Richmond Avenue
5-19 area to preserve, maintain, and enhance the economic health and
5-20 vitality of the area as a community and business center; and
5-21 (3) further promote the health, safety, welfare, and
5-22 enjoyment of the public by providing pedestrian ways and by
5-23 landscaping and developing certain areas in the district, which are
5-24 necessary for the restoration, preservation, and enhancement of
5-25 scenic and aesthetic beauty.
5-26 (d) Pedestrian ways along or across a street, whether at
5-27 grade or above or below the surface, and street lighting, street
6-1 landscaping, and street art objects are parts of and necessary
6-2 components of a street and are considered to be a street or road
6-3 improvement.
6-4 (e) The district will not act as the agent or
6-5 instrumentality of any private interest even though many private
6-6 interests will be benefited by the district, as will the general
6-7 public.
6-8 Sec. 376.167. APPLICATION OF OTHER LAW. Except as otherwise
6-9 provided by this subchapter, Chapter 375 applies to the district.
6-10 Sec. 376.168. CONSTRUCTION OF SUBCHAPTER. This subchapter
6-11 shall be liberally construed in conformity with the findings and
6-12 purposes stated in this subchapter.
6-13 Sec. 376.169. BOARD OF DIRECTORS IN GENERAL. (a) The
6-14 district is governed by a board of nine directors who serve
6-15 staggered terms of four years with four or five members' terms
6-16 expiring June 1 of each odd-numbered year. The board may increase
6-17 or decrease the number of directors on the board by resolution,
6-18 provided that it is in the best interest of the district to do so
6-19 and that the board consists of not fewer than nine and not more
6-20 than 30 directors.
6-21 (b) Subchapter D, Chapter 375, applies to the board to the
6-22 extent that subchapter does not conflict with this subchapter. The
6-23 imposition of a tax, assessment, or impact fee requires a vote of a
6-24 majority of the directors serving. Directors may vote on any
6-25 matter authorized by Subchapter D, Chapter 375, and action may be
6-26 taken by the board only if it is approved in the manner prescribed
6-27 by Subchapter D, Chapter 375.
7-1 Sec. 376.170. APPOINTMENT OF DIRECTORS; VACANCY. The mayor
7-2 and members of the governing body of the municipality shall appoint
7-3 directors from persons recommended by the board who meet the
7-4 qualifications of Subchapter D, Chapter 375. A vacancy in the
7-5 office of director because of the death, resignation, or removal of
7-6 a director shall be filled by the remaining members of the board by
7-7 appointing a qualified person for the unexpired term.
7-8 Sec. 376.171. POWERS OF DISTRICT. The district has:
7-9 (1) all powers necessary or required to accomplish the
7-10 purposes for which the district was created;
7-11 (2) the rights, powers, privileges, authority, and
7-12 functions of a district created under Chapter 375;
7-13 (3) the powers given to a corporation under Section
7-14 4B, the Development Corporation Act of 1979 (Article 5190.6,
7-15 Vernon's Texas Civil Statutes), and the power to own, operate,
7-16 acquire, construct, lease, improve, and maintain projects;
7-17 (4) the power to impose ad valorem taxes, assessments,
7-18 or impact fees in accordance with Chapter 375 to provide
7-19 improvements and services for a project or activity the district is
7-20 authorized to acquire, construct, improve, or provide under this
7-21 subchapter; and
7-22 (5) the power to correct, add to, or delete
7-23 assessments from its assessment rolls after notice and hearing as
7-24 provided by Subchapter F, Chapter 375.
7-25 Sec. 376.172. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
7-26 AFFECTING PROPERTY. (a) If the district, in exercising a power
7-27 conferred by this subchapter, requires a relocation, adjustment,
8-1 raising, lowering, rerouting, or changing of the grade or the
8-2 construction of any of the following items, the district must take
8-3 that required action at the sole expense of the district:
8-4 (1) a street, alley, highway, overpass, underpass,
8-5 road, railroad track, bridge, facility, or other property;
8-6 (2) an electric line, conduit, facility, or other
8-7 property;
8-8 (3) a telephone or telegraph line, conduit, facility,
8-9 or other property;
8-10 (4) a gas transmission or distribution pipe, pipeline,
8-11 main, facility, or other property;
8-12 (5) a water, sanitary sewer, or storm sewer pipe,
8-13 pipeline, main, facility, or other property;
8-14 (6) a cable television line, cable, conduit, facility,
8-15 or other property; or
8-16 (7) another pipeline, facility, or other property
8-17 relating to the pipeline.
8-18 (b) The district shall bear damages that are suffered by
8-19 owners of the facility or other property.
8-20 Sec. 376.173. RELATION TO OTHER LAW. If any provision of a
8-21 law referenced in this subchapter is in conflict with or is
8-22 inconsistent with this subchapter, this subchapter prevails. Any
8-23 law referenced in this subchapter that is not in conflict or
8-24 inconsistent with this subchapter is adopted and incorporated by
8-25 reference.
8-26 Sec. 376.174. REQUIREMENTS FOR FINANCING SERVICES AND
8-27 IMPROVEMENTS. The district may not finance services and
9-1 improvement projects under this subchapter unless a written
9-2 petition requesting those improvements or services has been filed
9-3 with the board. The petition must be signed by:
9-4 (1) the owners of a majority of the assessed value of
9-5 real property in the district as determined by the most recent
9-6 certified county property tax rolls; or
9-7 (2) at least 50 persons who own land in the district,
9-8 if there are more than 50 persons who own property in the district
9-9 as determined by the most recent certified county property tax
9-10 rolls.
9-11 Sec. 376.175. NONPROFIT CORPORATION. (a) The board by
9-12 resolution may authorize the creation of a nonprofit corporation to
9-13 assist and act on behalf of the district in implementing a project
9-14 or providing a service authorized by this subchapter.
9-15 (b) The board shall appoint the board of directors of a
9-16 nonprofit corporation created under this section. The board of
9-17 directors of the nonprofit corporation shall serve in the same
9-18 manner as, for the same term as, and on the conditions of the board
9-19 of directors of a local government corporation created under
9-20 Chapter 431, Transportation Code.
9-21 (c) A nonprofit corporation created under this section has
9-22 the powers of and is considered for purposes of this subchapter to
9-23 be a local government corporation created under Chapter 431,
9-24 Transportation Code.
9-25 (d) A nonprofit corporation created under this section may
9-26 implement any project and provide any services authorized by this
9-27 subchapter.
10-1 Sec. 376.176. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
10-2 board by resolution shall establish the number of directors'
10-3 signatures and the procedure required for a disbursement or
10-4 transfer of the district's money.
10-5 Sec. 376.177. BONDS. (a) The district may issue bonds or
10-6 other obligations payable in whole or in part from ad valorem
10-7 taxes, assessments, impact fees, revenues, grants, or other money
10-8 of the district, or any combination of those sources of money, to
10-9 pay for any authorized purpose of the district.
10-10 (b) Bonds or other obligations of the district may be issued
10-11 in the form of bonds, notes, certificates of participation,
10-12 including other instruments evidencing a proportionate interest in
10-13 payments to be made by the district, or other obligations that are
10-14 issued in the exercise of the district's borrowing power and may be
10-15 issued in bearer or registered form or not represented by an
10-16 instrument but the transfer of which is registered on books
10-17 maintained by or on behalf of the district. The board may impose
10-18 and collect an assessment under Subchapter F, Chapter 375, for any
10-19 purpose authorized by this subchapter or by Chapter 375.
10-20 (c) Except as provided by Subsection (d), the district must
10-21 obtain the municipality's approval of:
10-22 (1) the issuance of bonds for an improvement project;
10-23 (2) the plans and specifications of the improvement
10-24 project to be financed by the bonds; and
10-25 (3) the plans and specifications of a district
10-26 improvement project related to:
10-27 (A) the use of land owned by the municipality;
11-1 (B) an easement granted by the municipality; or
11-2 (C) a right-of-way of a street, road, or
11-3 highway.
11-4 (d) If the district obtains the municipality's approval of a
11-5 capital improvements budget for a specified period not to exceed
11-6 five years, the district may finance the capital improvements and
11-7 issue bonds specified in the budget without further municipal
11-8 approval.
11-9 (e) Before the district issues bonds, the district shall
11-10 submit the bonds and the record of proceedings of the district
11-11 relating to authorization of the bonds to the attorney general for
11-12 approval as provided by Chapter 53, Acts of the 70th Legislature,
11-13 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
11-14 Statutes).
11-15 Sec. 376.178. ASSESSMENTS. (a) The board may impose and
11-16 collect an assessment for any purpose authorized by this
11-17 subchapter.
11-18 (b) Assessments, reassessments, or assessments resulting
11-19 from an addition to or correction of the assessment roll by the
11-20 district, penalties and interest on an assessment or reassessment,
11-21 expenses of collection, and reasonable attorney's fees incurred by
11-22 the district:
11-23 (1) are a first and prior lien against the property
11-24 assessed;
11-25 (2) are superior to any other lien or claim other than
11-26 a lien or claim for county, school district, or municipal ad
11-27 valorem taxes; and
12-1 (3) are the personal liability of and charge against
12-2 the owners of the property even if the owners are not named in the
12-3 assessment proceedings.
12-4 (c) The lien is effective from the date of the resolution of
12-5 the board levying the assessment until the assessment is paid. The
12-6 board may enforce the lien in the same manner that the board may
12-7 enforce an ad valorem tax lien against real property.
12-8 Sec. 376.179. ELECTIONS. (a) In addition to the elections
12-9 the district must hold under Subchapter L, Chapter 375, the
12-10 district shall hold an election in the manner provided by that
12-11 subchapter to obtain voter approval before the district imposes a
12-12 maintenance tax or issues bonds payable from ad valorem taxes or
12-13 assessments.
12-14 (b) The board may submit multiple purposes in a single
12-15 proposition at an election.
12-16 Sec. 376.180. IMPACT FEES. The district may impose an
12-17 impact fee for an authorized purpose as provided by Subchapter G,
12-18 Chapter 375.
12-19 Sec. 376.181. MAINTENANCE TAX. (a) If authorized at an
12-20 election held in accordance with Section 376.179, the district may
12-21 impose and collect an annual ad valorem tax on taxable property in
12-22 the district for the maintenance and operation of the district and
12-23 the improvements constructed or acquired by the district or for the
12-24 provision of services.
12-25 (b) The board shall determine the tax rate.
12-26 Sec. 376.182. DISSOLUTION OF DISTRICT. The district may be
12-27 dissolved as provided by Subchapter M, Chapter 375. If the
13-1 district has debt and is dissolved, the district shall remain in
13-2 existence solely for the limited purpose of discharging its bonds
13-3 or other obligations according to their terms.
13-4 Sec. 376.183. CONTRACTS. (a) To protect the public
13-5 interest, the district may contract with the municipality or county
13-6 for the provision of law enforcement services by the county or
13-7 municipality in the district on a fee basis.
13-8 (b) The municipality, county, or another political
13-9 subdivision of the state, without further authorization, may
13-10 contract with the district to implement a project of the district
13-11 or assist the district in providing the services authorized under
13-12 this subchapter. A contract under this subsection may:
13-13 (1) be for a period on which the parties agree;
13-14 (2) include terms on which the parties agree;
13-15 (3) be payable from taxes or any other sources of
13-16 revenue that may be available for such purpose; or
13-17 (4) provide that taxes or other revenue collected at a
13-18 district project or from a person using or purchasing a commodity
13-19 or service at a district project may be paid or rebated to the
13-20 district under the terms of the contract.
13-21 (c) The district may enter into a contract, lease, or other
13-22 agreement with or make or accept grants and loans to or from:
13-23 (1) the United States;
13-24 (2) the state or a state agency;
13-25 (3) any county, any municipality, or another political
13-26 subdivision of the state;
13-27 (4) a public or private corporation, including a
14-1 nonprofit corporation created by the board under this subchapter;
14-2 or
14-3 (5) any other person.
14-4 (d) The district may perform all acts necessary for the full
14-5 exercise of the powers vested in the district on terms and for the
14-6 period the board determines advisable.
14-7 SECTION 2. The legislature finds that:
14-8 (1) proper and legal notice of the intention to
14-9 introduce this Act, setting forth the general substance of this
14-10 Act, has been published as provided by law, and the notice and a
14-11 copy of this Act have been furnished to all persons, agencies,
14-12 officials, or entities to which they are required to be furnished
14-13 by the constitution and laws of this state, including the governor,
14-14 who has submitted the notice and Act to the Texas Natural Resource
14-15 Conservation Commission;
14-16 (2) the Texas Natural Resource Conservation Commission
14-17 has filed its recommendations relating to this Act with the
14-18 governor, lieutenant governor, and speaker of the house of
14-19 representatives within the required time;
14-20 (3) the general law relating to consent by political
14-21 subdivisions to the creation of districts with conservation,
14-22 reclamation, and road powers and the inclusion of land in those
14-23 districts has been complied with; and
14-24 (4) all requirements of the constitution and laws of
14-25 this state and the rules and procedures of the legislature with
14-26 respect to the notice, introduction, and passage of this Act have
14-27 been fulfilled and accomplished.
15-1 SECTION 3. This Act takes effect September 1, 1997.
15-2 SECTION 4. The importance of this legislation and the
15-3 crowded condition of the calendars in both houses create an
15-4 emergency and an imperative public necessity that the
15-5 constitutional rule requiring bills to be read on three several
15-6 days in each house be suspended, and this rule is hereby suspended.