77R6714 MXM-F
By Bailey H.B. No. 741
Substitute the following for H.B. No. 741:
By Farabee C.S.H.B. No. 741
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Aldine Community Improvement
1-3 District; providing authority to impose a tax and issue bonds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 376, Local Government Code, is amended by
1-6 adding Subchapter K to read as follows:
1-7 SUBCHAPTER K. ALDINE COMMUNITY IMPROVEMENT DISTRICT
1-8 Sec. 376.451. CREATION OF DISTRICT. (a) The Aldine
1-9 Community Improvement District is created as a special district
1-10 under Section 59, Article XVI, Texas Constitution.
1-11 (b) The board by resolution may change the district's name.
1-12 Sec. 376.452. DECLARATION OF INTENT. (a) The creation of
1-13 the district is necessary to promote, develop, encourage, and
1-14 maintain employment, commerce, transportation, housing, tourism,
1-15 recreation, arts, entertainment, economic development, safety, and
1-16 the public welfare in the Aldine Community area of Harris County.
1-17 (b) The creation of the district and this legislation are
1-18 not to be interpreted to relieve the county from providing the
1-19 level of services, as of the effective date of this subchapter, to
1-20 the area in the district or to release the county from the
1-21 obligations the entity has to provide services to that area. The
1-22 district is created to supplement and not supplant the county
1-23 services provided in the area in the district.
1-24 (c) The creation of the district is essential to accomplish
2-1 the purposes of Section 52, Article III, Section 59, Article XVI,
2-2 and Section 52-a, Article III, Texas Constitution, and other public
2-3 purposes stated in this subchapter.
2-4 Sec. 376.453. DEFINITIONS. In this subchapter:
2-5 (1) "Board" means the board of directors of the
2-6 district.
2-7 (2) "County" means Harris County, Texas.
2-8 (3) "District" means the Aldine Community Improvement
2-9 District.
2-10 (4) "Municipality" means the City of Houston, Texas.
2-11 Sec. 376.454. BOUNDARIES. The district includes all the
2-12 territory contained in the following described area:
2-13 Being 14.79 square miles, more or less,
2-14 Beginning at the northeast corner of Aldine Mail Road and the Hardy
2-15 Toll Road
2-16 Thence north along the east right-of-way line of Hardy Toll Road a
2-17 distance of approximately two (2) miles to the north right-of-way
2-18 line of State Highway 525
2-19 Thence along the north right-of-way line of State Highway 525
2-20 approximately 2.75 miles to the west right-of-way line of John F.
2-21 Kennedy Boulevard
2-22 Thence south along the west right-of-way line of John F. Kennedy
2-23 Boulevard a distance of approximately one (1) mile to the City of
2-24 Houston City limits
2-25 Thence east a distance of approximately one-quarter mile (1/4) mile
2-26 to the east right-of-way line of Heathrow Forest Parkway
2-27 Thence north along the east right-of-way line of Heathrow Forest
3-1 Parkway a distance of approximately one-quarter mile (1/4) mile to
3-2 the City of Houston City limits
3-3 Thence east along the south side of the City of Houston City limits
3-4 a distance of approximately one-half (1/2) mile
3-5 Thence south a distance of approximately one-quarter mile (1/4)
3-6 mile
3-7 Thence east a distance of approximately one-eighth (1/8) mile to
3-8 the east right-of-way line of Sequoia Bend Boulevard
3-9 Thence north along the east right-of-way line of Sequoia Bend
3-10 Boulevard a distance of approximately one-half (1/2) mile to the
3-11 north right-of-way line of State Highway 525
3-12 Thence east along the north right-of-way line of State Highway 525
3-13 a distance of approximately three-quarters (3/4) of one mile to the
3-14 east right-of-way line of Lee Road
3-15 Thence south along the east right-of-way line of Lee Road becoming
3-16 Homestead Road a distance of approximately two and one-half miles
3-17 to the north right-of-way line of Mount Houston Road
3-18 Thence west along the north right-of-way line of Mount Houston Road
3-19 a distance of approximately one-quarter mile to the west line of
3-20 the Southern Pacific Railroad property
3-21 Thence southwest along the Southern Pacific Railroad property a
3-22 distance of approximately one and three-quarters mile to the north
3-23 right-of-way line of Langley Road
3-24 Thence west along the north right-of-way line of Langley Road a
3-25 distance of approximately one mile to the east right-of-way line of
3-26 U.S. Highway 59
3-27 Thence northeast along the east right-of-way line of U.S. Highway
4-1 59 a distance of approximately one-quarter mile to the north
4-2 right-of-way line of Little York Road
4-3 Thence west along the north right-of-way line of Little York Road a
4-4 distance of approximately one-quarter mile to the east right-of-way
4-5 line of Bentley Road
4-6 Thence north along the east right-of-way line of Bentley Road a
4-7 distance of approximately one-quarter mile to the north
4-8 right-of-way line of Sagebrush Road
4-9 Thence west along the north right-of-way line of Sagebrush Road a
4-10 distance of approximately one-third (1/3) mile to the west line of
4-11 Halls Bayou
4-12 Thence south along the west line of Halls Bayou a distance of
4-13 approximately one-quarter mile to the north right-of-way line of
4-14 Little York Road
4-15 Thence west along the north right-of-way line of Little York Road a
4-16 distance of approximately one-half mile to the City of Houston City
4-17 limits line adjacent to and east of Aldine Westfield Road
4-18 Thence north along the City of Houston City limits line adjacent to
4-19 and east of Aldine Westfield Road a distance of approximately
4-20 one-eighth mile along the east line of the City of Houston City
4-21 limits line
4-22 Thence west along the north line of the City of Houston City limits
4-23 line a distance of approximately three-quarter mile to the east
4-24 right-of-way line of Hardy Toll Road
4-25 Thence north along the east right-of-way line of Hardy Toll Road a
4-26 distance of approximately two miles to the north right-of-way line
4-27 of Aldine Mail Road and the Point of Beginning
5-1 Save and Except the Following Parcels:
5-2 Parcel Number One: City of Houston Keith-Weiss Park
5-3 Parcel Number Two: That portion of City of Houston Melrose Park
5-4 east of the right-of-way line of Hardy Toll
5-5 Road
5-6 SAVE AND EXCEPT all tracts or parcels of land, rights-of-way,
5-7 facilities, and improvements owned by an electric utility or a
5-8 power generation company as defined by Section 31.002, Utilities
5-9 Code, or a gas utility as defined by Sections 101.003 and 121.001,
5-10 Utilities Code.
5-11 Sec. 376.455. FINDINGS RELATING TO BOUNDARIES. The
5-12 boundaries and field notes of the district form a closure. If a
5-13 mistake is made in the field notes or in copying the field notes in
5-14 the legislative process, the mistake does not in any way affect the
5-15 district's:
5-16 (1) organization, existence, or validity;
5-17 (2) right to issue any type of bond for the purposes
5-18 for which the district is created or to pay the principal of and
5-19 interest on a bond;
5-20 (3) right to impose or collect an assessment or tax;
5-21 or
5-22 (4) legality or operation.
5-23 Sec. 376.456. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
5-24 The district is created to serve a public use and benefit. All the
5-25 land and other property included in the district will be benefited
5-26 by the improvements and services to be provided by the district
5-27 under powers conferred by Section 52, Article III, Section 59,
6-1 Article XVI, and Section 52-a, Article III, Texas Constitution, and
6-2 other powers granted under this subchapter.
6-3 (b) The creation of the district is in the public interest
6-4 and is essential to:
6-5 (1) further the public purposes of the development and
6-6 diversification of the economy of the state; and
6-7 (2) eliminate unemployment and underemployment and
6-8 develop or expand transportation and commerce.
6-9 (c) The district will:
6-10 (1) promote the health, safety, and general welfare of
6-11 residents, employers, potential employees, employees, visitors,
6-12 consumers in the district, and the general public;
6-13 (2) provide needed funding for the Aldine Community
6-14 area to preserve, maintain, and enhance the economic health and
6-15 vitality of the area as a community and business center; and
6-16 (3) further promote the health, safety, welfare, and
6-17 enjoyment of the public by providing pedestrian ways and by
6-18 landscaping and developing certain areas in the district, which are
6-19 necessary for the restoration, preservation, and enhancement of
6-20 scenic beauty.
6-21 (d) Pedestrian ways along or across a street, whether at
6-22 grade or above or below the surface, and street lighting, street
6-23 landscaping, and street art objects are parts of and necessary
6-24 components of a street and are considered to be a street or road
6-25 improvement.
6-26 (e) The district will not act as the agent or
6-27 instrumentality of any private interest even though many private
7-1 interests will be benefited by the district, as will the general
7-2 public.
7-3 Sec. 376.457. APPLICATION OF OTHER LAW. Except as otherwise
7-4 provided by this subchapter, Chapter 375 applies to the district.
7-5 Sec. 376.458. CONSTRUCTION OF SUBCHAPTER. This subchapter
7-6 shall be liberally construed in conformity with the findings and
7-7 purposes stated in this subchapter.
7-8 Sec. 376.459. BOARD OF DIRECTORS IN GENERAL. (a) The
7-9 district is governed by a board of nine directors who serve
7-10 staggered terms of four years with four or five members' terms
7-11 expiring June 1 of each odd-numbered year.
7-12 (b) One director must be a resident of the district.
7-13 (c) The board by resolution may change the number of
7-14 directors on the board if the board finds that the change is in the
7-15 best interest of the district, subject to Section 375.061.
7-16 Sec. 376.460. APPOINTMENT AND REMOVAL OF DIRECTORS. Board
7-17 members are appointed and may be removed as provided by Sections
7-18 375.064 and 375.065, except that for purposes of this subchapter
7-19 references in those sections to the governing body of the
7-20 municipality mean the commissioners court of the county.
7-21 Sec. 376.461. QUORUM. (a) Section 375.071 does not apply to
7-22 the district.
7-23 (b) One-half of the board constitutes a quorum.
7-24 (c) Except as provided in Section 376.462, a concurrence of
7-25 a majority of a quorum is required for any official district
7-26 action.
7-27 Sec. 376.462. VOTE REQUIRED FOR AUTHORIZATION OF
8-1 ASSESSMENTS, BONDS, IMPACT FEES, AND TAXES. (a) A majority vote of
8-2 the directors serving is required to authorize the imposition of an
8-3 assessment, impact fee, or tax.
8-4 (b) The written consent of at least two-thirds of the full
8-5 membership of the board is required to authorize the issuance of
8-6 bonds.
8-7 Sec. 376.463. EXERCISE OF POWERS OF DEVELOPMENT CORPORATION.
8-8 The district may exercise the powers of a corporation created under
8-9 Section 4B, Development Corporation Act of 1979 (Article 5190.6,
8-10 Vernon's Texas Civil Statutes).
8-11 Sec. 376.464. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To
8-12 protect the public interest, the district may contract with the
8-13 municipality or the county for the municipality or county to
8-14 provide law enforcement services in the district for a fee.
8-15 Sec. 376.465. CONTRACT WITH POLITICAL SUBDIVISION. The
8-16 municipality, county, or another political subdivision of the
8-17 state, without further authorization, may contract with the
8-18 district to implement a project of the district or assist the
8-19 district in providing the services authorized under this
8-20 subchapter. A contract under this subsection may:
8-21 (1) be for a period on which the parties agree;
8-22 (2) include terms on which the parties agree;
8-23 (3) be payable from taxes or any other sources of
8-24 revenue that may be available for such purpose; or
8-25 (4) provide that taxes or other revenue collected at a
8-26 district project or from a person using or purchasing a commodity
8-27 or service at a district project may be paid or rebated to the
9-1 district under the terms of the contract.
9-2 Sec. 376.466. NONPROFIT CORPORATION. (a) The board by
9-3 resolution may authorize the creation of a nonprofit corporation to
9-4 assist and act on behalf of the district in implementing a project
9-5 or providing a service authorized by this subchapter.
9-6 (b) The board shall appoint the board of directors of a
9-7 nonprofit corporation created under this section. The board of
9-8 directors of the nonprofit corporation shall serve in the same
9-9 manner, term, and conditions as a board of directors of a local
9-10 government corporation created under Chapter 431, Transportation
9-11 Code.
9-12 (c) A nonprofit corporation created under this section has
9-13 the powers of and is considered for purposes of this subchapter to
9-14 be a local government corporation created under Chapter 431,
9-15 Transportation Code.
9-16 (d) A nonprofit corporation created under this section may
9-17 implement any project and provide any service this subchapter
9-18 authorizes.
9-19 Sec. 376.467. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
9-20 by resolution shall establish the number of directors' signatures
9-21 and the procedure required for a disbursement or transfer of the
9-22 district's money.
9-23 Sec. 376.468. MUNICIPAL APPROVAL. (a) Except as provided by
9-24 Subsection (b), the district must obtain approval from the
9-25 municipality's governing body of:
9-26 (1) the issuance of bonds for an improvement project;
9-27 and
10-1 (2) the plans and specifications of an improvement
10-2 project financed by the bonds.
10-3 (b) If the district obtains approval from the municipality's
10-4 governing body of a capital improvements budget for a period not to
10-5 exceed five years, the district may finance the capital
10-6 improvements and issue bonds specified in the budget without
10-7 further approval from the municipality.
10-8 (c) The district must obtain approval from the
10-9 municipality's governing body of the plans and specifications of
10-10 any district improvement project related to the use of land owned
10-11 by the county, an easement granted by the county, or a right-of-way
10-12 of a street, road, or highway.
10-13 (d) Except as provided by Section 375.263, a municipality is
10-14 not obligated to pay any bonds, notes, or other obligations of the
10-15 district.
10-16 Sec. 376.469. ASSESSMENTS. (a) The board may impose and
10-17 collect an assessment for any purpose authorized by this
10-18 subchapter.
10-19 (b) Assessments, reassessments, or assessments resulting
10-20 from an addition to or correction of the assessment roll by the
10-21 district, penalties and interest on an assessment or reassessment,
10-22 expenses of collection, and reasonable attorney's fees incurred by
10-23 the district:
10-24 (1) are a first and prior lien against the property
10-25 assessed;
10-26 (2) are superior to any other lien or claim other than
10-27 a lien or claim for county, school district, or municipal ad
11-1 valorem taxes; and
11-2 (3) are the personal liability of and charge against
11-3 the owners of the property even if the owners are not named in the
11-4 assessment proceedings.
11-5 (c) The lien is effective from the date of the resolution of
11-6 the board levying the assessment until the assessment is paid. The
11-7 board may enforce the lien in the same manner that the board may
11-8 enforce an ad valorem tax lien against real property.
11-9 Sec. 376.470. SALES AND USE TAX. (a) The district may
11-10 impose a sales and use tax if authorized by a majority of the
11-11 qualified voters of the district voting at an election called for
11-12 that purpose. Revenue from the tax may be used for any purpose for
11-13 which ad valorem tax revenue of the district may be used.
11-14 (b) The district may not adopt a tax under this subchapter
11-15 if as a result of the adoption of the tax the combined rate of all
11-16 sales and use taxes imposed by the county and other political
11-17 subdivisions of this state having territory in the county would
11-18 exceed two percent at any location in the district.
11-19 (c) If the voters of the county approve the adoption of the
11-20 tax at an election held on the same election date on which another
11-21 political subdivision adopts a sales and use tax or approves the
11-22 increase in the rate of its sales and use tax and as a result the
11-23 combined rate of all sales and use taxes imposed by the district
11-24 and other political subdivisions of this state having territory in
11-25 the district would exceed two percent at any location in the
11-26 county, the election to adopt a sales and use tax under this
11-27 subchapter has no effect.
12-1 Sec. 376.471. MAINTENANCE TAX. (a) If authorized at an
12-2 election held in accordance with Section 376.472, the district may
12-3 impose and collect an annual ad valorem tax on taxable property in
12-4 the district for:
12-5 (1) the maintenance and operation of the district;
12-6 (2) improvements constructed or acquired by the
12-7 district; or
12-8 (3) the provision of services.
12-9 (b) The board shall determine the tax rate.
12-10 Sec. 376.472. ELECTIONS. (a) In addition to the elections
12-11 the district must hold under Subchapter L, Chapter 375, the
12-12 district shall hold an election in the manner provided by that
12-13 subchapter to obtain voter approval before the district imposes a
12-14 maintenance tax or issues bonds payable from ad valorem taxes or
12-15 assessments.
12-16 (b) The board may include more than one purpose in a single
12-17 proposition at an election.
12-18 Sec. 376.473. PROPERTY EXEMPTED FROM TAX, FEE, OR
12-19 ASSESSMENT. (a) The district may not impose an impact fee or
12-20 assessment under Chapter 375 on a residential property, multiunit
12-21 residential property, or condominium.
12-22 (b) The district may not impose an assessment or impact fee
12-23 on the property of an electric utility, gas utility, or power
12-24 generation company. In this subsection, "electric utility" and
12-25 "power generation company" have the meanings assigned by Section
12-26 31.002, Utilities Code, and "gas utility" has the meaning assigned
12-27 by Sections 101.003 and 121.001, Utilities Code.
13-1 Sec. 376.474. NO EMINENT DOMAIN POWER. The district may not
13-2 exercise the power of eminent domain.
13-3 Sec. 376.475. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
13-4 OUTSTANDING DEBTS. (a) The board may vote to dissolve a district
13-5 that has debt. If the vote is in favor of dissolution, the
13-6 district shall remain in existence solely for the limited purpose
13-7 of discharging its debts. The dissolution is effective when all
13-8 debts have been discharged.
13-9 (b) Section 375.264 does not apply to the district.
13-10 SECTION 2. The legislature finds that:
13-11 (1) proper and legal notice of the intention to
13-12 introduce this Act, setting forth the general substance of this
13-13 Act, has been published as provided by law, and the notice and a
13-14 copy of this Act have been furnished to all persons, agencies,
13-15 officials, or entities to which they are required to be furnished
13-16 by the constitution and laws of this state, including the
13-17 governor, who has submitted the notice and Act to the Texas Natural
13-18 Resource Conservation Commission;
13-19 (2) the Texas Natural Resource Conservation Commission
13-20 has filed its recommendations relating to this Act with the
13-21 governor, lieutenant governor, and speaker of the house of
13-22 representatives within the required time;
13-23 (3) the general law relating to consent by political
13-24 subdivisions to the creation of districts with conservation,
13-25 reclamation, and road powers and the inclusion of land in those
13-26 districts has been complied with; and
13-27 (4) all requirements of the constitution and laws of
14-1 this state and the rules and procedures of the legislature with
14-2 respect to the notice, introduction, and passage of this Act have
14-3 been fulfilled and accomplished.
14-4 SECTION 3. (a) Section 375.062, Local Government Code, and
14-5 Section 376.460, Local Government Code, as added by this Act, do
14-6 not apply to the initial board of directors of the Aldine Community
14-7 Improvement District.
14-8 (b) The initial board of directors consists of the following
14-9 persons:
14-10 Pos. No. Name of Director
14-11 1 Clyde Baily
14-12 2 Sylvia Bolling
14-13 3 Reyes Garcia
14-14 4 Leland Jauer
14-15 5 V. E. (Vic) Mauldin
14-16 6 W. Steve Mead
14-17 7 Art Murillo
14-18 8 Ray Shotwell
14-19 9 Maria Espinoza
14-20 (c) Of the initial directors, the directors appointed for
14-21 positions 1 through 4 serve until June 1, 2003, and the directors
14-22 appointed for positions 5 through 9 serve until June 1, 2005.
14-23 SECTION 4. This Act takes effect immediately if it receives
14-24 a vote of two-thirds of all the members elected to each house, as
14-25 provided by Section 39, Article III, Texas Constitution. If this
14-26 Act does not receive the vote necessary for immediate effect, this
14-27 Act takes effect September 1, 2001.