Amend HB 3692 by striking all below the enacting clause and
substituting the following:
SECTION 1. Chapter 376, Local Government Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. GREATER SOUTHEAST MANAGEMENT DISTRICT
Sec. 376.451. CREATION OF DISTRICT. (a) A special district
to be known as the "Greater Southeast Management District" exists
as a political subdivision of the state.
(b) The name of the district may be changed by resolution of
the board.
(c) The creation of the district is essential to accomplish
the purposes of Section 52, Article III, Section 59, Article XVI,
and Section 52-a, Article III, Texas Constitution, and other public
purposes stated in this subchapter.
Sec. 376.452. DECLARATION OF INTENT. (a) The creation of
the district is necessary to promote, develop, encourage, and
maintain employment, commerce, transportation, housing, tourism,
recreation, arts, entertainment, economic development, safety, and
the public welfare in the southeast area of the city of Houston.
(b) The creation of the district and this legislation are
not to be interpreted to relieve the county or the municipality
from providing the level of services, as of the effective date of
this subchapter, to the area in the district or to release the
county or the municipality from the obligations each entity has to
provide services to that area. The district is created to
supplement and not supplant the municipal or county services
provided in the area in the district.
(c) By creating the district and in authorizing the
municipality, county, and other political subdivisions to contract
with the district, the legislature has established a program to
accomplish the public purposes set out in Section 52-a, Article
III, Texas Constitution.
Sec. 376.453. DEFINITIONS. In this subchapter:
(1) "Board" means the board of directors of the
district.
(2) "County" means Harris County, Texas.
(3) "District" means the Greater Southeast Management
District.
(4) "Municipality" means the City of Houston, Texas.
Sec. 376.454. BOUNDARIES. The district includes all the
territory contained in the following described area:
BEGINNING at a point being the point of intersection of the
centerline of the right-of-way of interstate 45 and the centerline
of the intersection of HB & TRR;
THENCE, in a south westerly direction along the centerline of HB &
TRR to the intersection or Wheeler Street;
THENCE, continuing in a southeasterly direction along the
centerline of HB & TRR, and to the intersection of the T & no RR
(Greater Houston & S.A.R.R.);
THENCE, east along T & No RR to the rear lot lines of all business
facing the West Property line on South Wayside Street;
THENCE, south parallel more or less to South Wayside to the South
Loop East passing its South property line to the rear property line
of all lots fronting on the South Loop East;
THENCE, west parallel to the South Loop East more or less along the
rear lines of all property fronting on the south property line of
the South Loop East passing Myakawa Road to the West line of Martin
Luther King Street;
THENCE, along the rear property line of the lots fronting the West
R.O.W. line of Martin Luther King Street to the north line of
Browncroft Street;
THENCE west along the north line of Browncroft St. passing USA Lane
to the south continuing in a generally west direction to the west
line of Milart Street;
THENCE South along the west line of Milart Street to the southeast
corner of tract 23 of the WCRR Co. Survey A 936;
THENCE, west along the southerly property line of Tract 23 and 14B
of the WCRR Co. Survey A 936 to the east line of Schroeder Street;
THENCE northeasterly direction along the easterly line of Schoeder
Road to its intersection with the southerly line on Griggs Road;
THENCE in a northeasterly direction along the southerly line of
Griggs Road to the intersection of the rear of the rear property
line of the lot facing Grace Lane;
THENCE in a southwesterly direction along the rear property line of
the lots facing Grace lane to the intersection of the rear property
line projection of all lots fronting, more or less the north line
of Kingsbury Lane;
THENCE westerly along the rear property line projection of all lots
fronting the north line of Kingsbury Lane to the east right-of-way
line of Calhoun Road;
THENCE northeasterly along the easterly line of Calhoun Road to the
rear property line projection of the lots fronting on Griggs Road;
THENCE, west along the rear property line of all the lots fronting
on Griggs Road to the east line of Cullen Road;
THENCE, in a southerly direction along the east line of Cullen Road
to the south line projection of Dixie Street;
THENCE, in a westerly direction along the south line of Dixie
Street, crossing St. Augustine Street, to the rear line of the lot
facing St. Augustine Street;
THENCE north to the rear lot line of the lots that front on Old
Spanish Trail;
THENCE west along the rear lot line of the lots that front on Old
Spanish Trail to the rear property line of the lot that fronts on
Scottcrest Street;
THENCE north to the south right-of-way line of Old Spanish Trail;
THENCE west to the intersection of the east line of Scott Crest
Street;
THENCE in a southwesterly direction to the rear property line of
all lots that front Zephyr Street;
THENCE in a westerly direction along the rear property line of the
lots that front Zephyr Street to west right-of-way line of
LaSallette Drive;
THENCE northwesterly along the west right-of-way line of LaSalette
Drive to the intersection of the south right-of-way line of Old
Spanish Trail;
THENCE southwesterly along the south right-of-way line of Old
Spanish Trail to rear property line of the corner lot fronting on
Tierwester Street;
THENCE south along the rear property line of the corner lot
fronting on Tierwester Street to the southeast corner of this lot;
THENCE west along the south line of the corner lot fronting on
Tierwester Street to the east right-of-way line of Tiewester
Street;
THENCE southerly along the east right-of-way line of Tierwester
Street to the south property line of Zephyr Street;
THENCE west crossing Tierwester Street, where the street names
changes from Zephyr Street to Southland Avenue and along the south
line of Southland Avenue to the intersection of the south
right-of-way line of Old Spanish Trail;
THENCE in a southwesterly direction along the south line of Old
Spanish Trail to the east line of Allegheny Street;
THENCE south along the east right-of-way line of Allegheny Street
the southeast corner of the first corner lot;
THENCE east along the south line of the corner lot to the rear
property line;
THENCE south along the rear property line for one lot long to the
southeast corner of this lot fronting on the east line of
Allegeheny Street;
THENCE west to the east property line of Alleghaney Street;
THENCE in a southwesterly direction along the east right-of-way
line of Alleghaney Street to the intersection of the north
right-of-way line of Yellowstone Street;
THENCE in a south easterly direction along the north right-of-way
line of Yellowstone Street to the east right-of-way line of
Peerless Street;
THENCE in a southerly direction along the east right-of-way line of
Peerless Street to the intersection of the south right-of-way line
of Corder Street;
THENCE, in a northwesterly direction along the southerly line of
Corder Street crossing State Highway 288 in a straight line along
the centerline of Nicholas Street to its intersection with the
westerly line of Almeda Rd.;
THENCE, in a southerly direction along the westerly line of Almeda
Rd. to its intersection with the southerly line of El Paseo St;
THENCE, in a westerly direction along the southerly line of El
Paseo to its intersection with the westerly line of Knight Rd;
THENCE, in a northerly direction along the centerline of Knight Rd.
to its intersection with Fannin St;
THENCE, along the centerline of Fannin Street in a northwesterly
direction to the intersection of Holcombe Street;
THENCE, west along the centerline of Holcombe Street to the
intersection of South Main Street;
THENCE, in a northeasterly direction along the centerline of South
Main to Palm Street, and to the intersection with the boundaries of
the Midtown TIRZ and Management District;
THENCE, southeasterly with the Southerly R.O.W. of Palm Street to
the easterly R.O.W. line of Fannin Street;
THENCE, northeasterly, with the Easterly R.O.W. line of Fannin
Street to the northerly R.O.W. line of US 59 South;
THENCE, in an easterly, direction with curve to the left and in a
northerly direction along the northerly R.O.W. line of US 59 South,
to the intersection of the westerly R.O.W. line of State Highway
288 which is also being US 59 North and crossing Interstate Highway
45 (Gulf Freeway) to the Northerly R.O.W. line thereof; said point
also being the Northwest boundary corner of the Midtown TIRZ &
Management District;
THENCE, southeasterly direction along the north right-of-way line
of Interstate Highway 45 and to the POINT OF BEGINNING, containing
19,400 acres more or less, SAVE AND EXCEPT all tracts or parcels of
land, rights-of-way, facilities, and improvements owned by an
electric utility or a power generation company as defined by
Section 31.002, Utilities Code, or a gas utility as defined by
Sections 101.003 and 121.001, Utilities Code.
Sec. 376.455. FINDINGS RELATING TO BOUNDARIES. The
boundaries and field notes of the district form a closure. If a
mistake is made in the field notes or in copying the field notes in
the legislative process, the mistake does not in any way affect
the:
(1) organization, existence, and validity of the
district;
(2) right of the district to issue any type of bonds
or refunding bonds for the purposes for which the district is
created or to pay the principal of and interest on the bonds;
(3) right of the district to impose and collect
assessments or taxes; or
(4) legality or operation of the district or its
governing body.
Sec. 376.456. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
All the land and other property included in the district will be
benefited by the improvements and services to be provided by the
district under powers conferred by Section 52, Article III, Section
59, Article XVI, and Section 52-a, Article III, Texas Constitution,
and other powers granted under this subchapter, and the district is
created to serve a public use and benefit.
(b) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of the development and
diversification of the economy of the state; and
(2) eliminate unemployment and underemployment and
develop or expand transportation and commerce.
(c) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, consumers in the
district, and the general public;
(2) provide money to preserve, maintain, and enhance
the economic health and vitality of the district as a community and
business center; and
(3) further promote the health, safety, welfare, and
enjoyment of the public by providing pedestrian ways and by
landscaping and developing certain areas in the district, which are
necessary for the restoration, preservation, and enhancement of
scenic and aesthetic beauty.
(d) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(e) The district will not act as the agent or
instrumentality of any private interest even though many private
interests will be benefited by the district, as will the general
public.
Sec. 376.457. APPLICATION OF OTHER LAW. Except as otherwise
provided by this subchapter, Chapter 375 applies to the district
and its governing body and employees.
Sec. 376.458. CONSTRUCTION OF SUBCHAPTER. This subchapter
shall be liberally construed in conformity with the findings and
purposes stated in this subchapter.
Sec. 376.459. BOARD OF DIRECTORS IN GENERAL. (a) The
district is governed by a board of 21 directors who serve staggered
terms of four years, with 10 members' terms expiring June 1 of an
odd-numbered year and 11 members' terms expiring June 1 of the
following odd-numbered year. The board may increase or decrease
the number of directors on the board by resolution, provided that
it is in the best interest of the district to do so and that the
board consists of not fewer than 9 and not more than 30 directors.
(b) Subchapter D, Chapter 375, applies to the board to the
extent that subchapter does not conflict with this subchapter. The
imposition of a tax, assessment, or impact fee requires a vote of a
majority of the directors serving. Directors may vote on any
matter authorized by Subchapter D, Chapter 375, and action may be
taken by the board only if it is approved in the manner prescribed
by Subchapter D, Chapter 375.
Sec. 376.460. APPOINTMENT OF DIRECTORS; VACANCY. The mayor
and members of the governing body of the municipality shall appoint
directors from persons recommended by the board who meet the
qualifications of Subchapter D, Chapter 375. A vacancy in the
office of director because of the death, resignation, or removal of
a director shall be filled by the remaining members of the board by
appointing a qualified person for the unexpired term.
Sec. 376.461. POWERS OF DISTRICT. The district has:
(1) all powers necessary or required to accomplish the
purposes for which the district was created;
(2) the rights, powers, privileges, authority, and
functions of a district created under Chapter 375;
(3) the powers given to a corporation under Section
4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
Texas Civil Statutes), and the power to own, operate, acquire,
construct, lease, improve, and maintain projects;
(4) the power to impose ad valorem taxes, assessments,
or impact fees in accordance with Chapter 375 to provide
improvements and services for a project or activity the district is
authorized to acquire, construct, improve, or provide under this
subchapter;
(5) the power to correct, add to, or delete
assessments from its assessment rolls after notice and hearing as
provided by Subchapter F, Chapter 375; and
(6) the powers given to a housing finance corporation
created under Chapter 394 to provide housing or residential
development projects in the district.
Sec. 376.462. EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Sec. 376.463. EX OFFICIO BOARD MEMBERS. (a) The following
persons shall serve as nonvoting ex officio directors:
(1) the director of the following departments of the
municipality:
(A) parks and recreation;
(B) planning and development;
(C) public works; and
(D) civic center;
(2) the municipality's chief of police;
(3) the general manager of the Metropolitan Transit
Authority; and
(4) the presidents of any institutions of higher
learning located in the district.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
ex officio board member. If a department described by Subsection
(a) is abolished, the board may appoint a representative of another
department of the municipality that performs duties comparable to
those performed by the abolished department.
(c) The board may appoint the presiding officer of a
nonprofit corporation that is actively involved in activities in
the municipality's midtown area to serve as a nonvoting ex officio
director.
Sec. 376.464. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a)
Except as provided in this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171 governs conflicts of interest for
board members.
(b) Section 171.004 does not apply to the district. A
director who has a substantial interest in a business or charitable
entity that will receive a pecuniary benefit from a board action
shall file a one-time affidavit declaring the interest. An
additional affidavit is not required if the director's interest
changes. After the affidavit is filed with the board secretary,
the director may participate in a discussion or vote on that action
if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a
public entity may not participate in the discussion of or vote on a
matter regarding a contract with that same public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002.
Sec. 376.465. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
AFFECTING PROPERTY. (a) If the district, in exercising a power
conferred by this subchapter, requires a relocation, adjustment,
raising, lowering, rerouting, or changing of the grade or the
construction of any of the following items, the district must take
that required action at the sole expense of the district:
(1) a street, alley, highway, overpass, underpass,
road, railroad track, bridge, facility, or other property;
(2) an electric line, conduit, facility, or other
property;
(3) a telephone or telegraph line, conduit, facility,
or other property;
(4) a gas transmission or distribution pipe, pipeline,
main, facility, or other property;
(5) a water, sanitary sewer, or storm sewer pipe,
pipeline, main, facility, or other property;
(6) a cable television line, cable, conduit, facility,
or other property; or
(7) another pipeline, facility, or other property
relating to the pipeline.
(b) The district shall bear damages that are suffered by
owners of the facility or other property.
Sec. 376.466. RELATION TO OTHER LAW. If any provision of
general law, including a law referenced in this subchapter, is in
conflict with or is inconsistent with this subchapter, this
subchapter prevails. Any law referenced in this subchapter that is
not in conflict or inconsistent with this subchapter is adopted and
incorporated by reference.
Sec. 376.467. REQUIREMENTS FOR FINANCING SERVICES AND
IMPROVEMENTS. The board may not finance services and improvement
projects under this subchapter unless a written petition requesting
those improvements or services has been filed with the board. The
petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district as determined by the most recent
certified county property tax rolls; or
(2) at least 50 persons who own land in the district,
if there are more than 50 persons who own property in the district
as determined by the most recent certified county property tax
rolls.
Sec. 376.468. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act on behalf of the district in implementing a project
or providing a service authorized by this subchapter.
(b) The board shall appoint the board of directors of a
nonprofit corporation created under this section. The board of
directors of the nonprofit corporation shall serve in the same
manner as, for the same term as, and on the conditions of the board
of directors of a local government corporation created under
Chapter 431, Transportation Code.
(c) A nonprofit corporation created under this section has
the powers of and is considered for purposes of this subchapter to
be a local government corporation created under Chapter 431,
Transportation Code.
(d) A nonprofit corporation created under this section may
implement any project and provide any services authorized by this
subchapter.
Sec. 376.469. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
by resolution shall establish the number of directors' signatures
and the procedure required for a disbursement or transfer of the
district's money.
Sec. 376.470. BONDS. (a) The district may issue bonds or
other obligations payable in whole or in part from ad valorem
taxes, assessments, impact fees, revenues, grants, or other money
of the district, or any combination of those sources of money, to
pay for any authorized purpose of the district.
(b) Bonds or other obligations of the district may be issued
in the form of bonds, notes, certificates of participation,
including other instruments evidencing a proportionate interest in
payments to be made by the district, or other obligations that are
issued in the exercise of the district's borrowing power and may be
issued in bearer or registered form or not represented by an
instrument but the transfer of which is registered on books
maintained by or on behalf of the district. The board may impose
and collect an assessment under Subchapter F, Chapter 375, for any
purpose authorized by this subchapter or by Chapter 375.
(c) Except as provided by Subsection (d), the district must
obtain the municipality's approval of:
(1) the issuance of bonds for an improvement project;
(2) the plans and specifications of the improvement
project to be financed by the bonds; and
(3) the plans and specifications of a district
improvement project related to:
(A) the use of land owned by the municipality;
(B) an easement granted by the municipality; or
(C) a right-of-way of a street, road, or
highway.
(d) If the district obtains the municipality's approval of a
capital improvements budget for a specified period not to exceed
five years, the district may finance the capital improvements and
issue bonds specified in the budget without further municipal
approval.
(e) Before the district issues bonds, the district shall
submit the bonds and the record of proceedings of the district
relating to authorization of the bonds to the attorney general for
approval as provided by Chapter 1202, Government Code.
Sec. 376.471. ASSESSMENTS. (a) The board may impose and
collect an assessment for any purpose authorized by this
subchapter.
(b) Assessments, reassessments, or assessments resulting
from an addition to or correction of the assessment roll by the
district, penalties and interest on an assessment or reassessment,
expenses of collection, and reasonable attorney's fees incurred by
the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad
valorem taxes; and
(3) are the personal liability of and charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the resolution of
the board levying the assessment until the assessment is paid. The
board may enforce the lien in the same manner that the board may
enforce an ad valorem tax lien against real property.
Sec. 376.472. PROPERTY EXEMPTED FROM TAX, FEE, OR
ASSESSMENT. (a) The district may not impose a tax, impact fee, or
assessment on a residential property or condominium.
(b) The district may not impose an impact fee or assessment
on the property, equipment, or facilities of a utility. In this
subsection, "utility" means a person that provides to the public
cable television, gas, light, power, telephone, sewerage, or water
service.
Sec. 376.473. ELECTIONS. (a) In addition to the elections
the district must hold under Subchapter L, Chapter 375, the
district shall hold an election in the manner provided by that
subchapter to obtain voter approval before the district imposes a
maintenance tax or issues bonds payable from ad valorem taxes or
assessments.
(b) The board may submit multiple purposes in a single
proposition at an election.
Sec. 376.474. IMPACT FEES. The district may impose an impact
fee for an authorized purpose as provided by Subchapter G, Chapter
375.
Sec. 376.475. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 376.473, the district may
impose and collect an annual ad valorem tax on taxable property in
the district for the maintenance and operation of the district and
the improvements constructed or acquired by the district or for the
provision of services.
(b) The board shall determine the tax rate.
Sec. 376.476. DISSOLUTION OF DISTRICT. The district may be
dissolved as provided by Subchapter M, Chapter 375. If the district
has debt and is dissolved, the district shall remain in existence
solely for the limited purpose of discharging its bonds or other
obligations according to their terms.
Sec. 376.477. CONTRACTS. (a) To protect the public
interest, the district may contract with the municipality or the
county for the municipality or county to provide law enforcement
services in the district for a fee.
(b) The municipality, the county, or another political
subdivision of the state, without further authorization, may
contract with the district to implement a project of the district
or assist the district in providing the services authorized under
this subchapter. A contract under this subsection may:
(1) be for a period on which the parties agree;
(2) include terms on which the parties agree;
(3) be payable from taxes or any other sources of
revenue that may be available for that purpose; or
(4) provide that taxes or other revenue collected at a
district project or from a person using or purchasing a commodity
or service at a district project may be paid or rebated to the
district under the terms of the contract.
(c) The district may enter into a contract, lease, or other
agreement with or make or accept grants and loans to or from:
(1) the United States;
(2) the state or a state agency;
(3) a county, a municipality, or another political
subdivision of the state;
(4) a public or private corporation, including a
nonprofit corporation created by the board under this subchapter;
or
(5) any other person.
(d) The district may perform all acts necessary for the full
exercise of the powers vested in the district on terms and for the
period the board determines advisable.
Sec. 376.478. COMPETITIVE BIDDING UNIT. Section 375.221 does
not apply to the district unless the contract is for more than
$25,000.
Sec. 376.479. ANNEXATION. The district may:
(1) annex territory as provided by Subchapter C,
Chapter 375; and
(2) annex territory located inside the boundaries of a
reinvestment zone created by the municipality under Chapter 311,
Tax Code, if the governing body of the municipality consents to the
annexation.
Sec. 376.480. AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL
AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may
make an agreement with or accept a donation, grant, or loan from
any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
(c) To protect the public interest, the district may
contract with the municipality or the county for the municipality
or county to provide law enforcement services in the district for a
fee.
SECTION 2. The legislature finds that:
(1) proper and legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
by the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Natural Resource
Conservation Commission;
(2) the Texas Natural Resource Conservation Commission
has filed its recommendations relating to this Act with the
governor, lieutenant governor, and speaker of the house of
representatives within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) all requirements of the constitution and laws of
this state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act have
been fulfilled and accomplished.
SECTION 3. Notwithstanding Section 376.459, Local Government
Code, as added by this Act:
(1) the initial board of directors of the Greater
Southeast Management District consists of:
Pos. No. Name of Director
1 Walter Strickland
2 Francis Page
3 Algenita Scott Davis
4 Ashley Smith
5 Zinetta A. Burney
6 Mark Moreno
7 Alan Bergeron
8 Barron Wallace
9 John Medina
10 Teddy McDavid
11 Robert Muhammad
12 Brian Smith
13 David Dang
14 Adele Maxie
15 Robert Dixon
16 Susan Young
17 James J. Smith
18 Richard Wainerdi
19 Ali Ashan
20 Walter Johnson
21 Jim Arnold; and
(2) of the initial board, members in positions 1-11
serve terms that expire June 1, 2005, and members in positions
12-21 serve terms that expire June 1, 2003.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2001.