By Bailey H.B. No. 741
77R2271 MXM-F
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 as
5-8 defined by Section 31.002, Utilities Code.
5-9 Sec. 376.455. FINDINGS RELATING TO BOUNDARIES. The
5-10 boundaries and field notes of the district form a closure. If a
5-11 mistake is made in the field notes or in copying the field notes in
5-12 the legislative process, the mistake does not in any way affect the
5-13 district's:
5-14 (1) organization, existence, or validity;
5-15 (2) right to issue any type of bond for the purposes
5-16 for which the district is created or to pay the principal of and
5-17 interest on a bond;
5-18 (3) right to impose or collect an assessment or tax;
5-19 or
5-20 (4) legality or operation.
5-21 Sec. 376.456. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
5-22 The district is created to serve a public use and benefit. All the
5-23 land and other property included in the district will be benefited
5-24 by the improvements and services to be provided by the district
5-25 under powers conferred by Section 52, Article III, Section 59,
5-26 Article XVI, and Section 52-a, Article III, Texas Constitution, and
5-27 other powers granted under this subchapter.
6-1 (b) The creation of the district is in the public interest
6-2 and is essential to:
6-3 (1) further the public purposes of the development and
6-4 diversification of the economy of the state; and
6-5 (2) eliminate unemployment and underemployment and
6-6 develop or expand transportation and commerce.
6-7 (c) The district will:
6-8 (1) promote the health, safety, and general welfare of
6-9 residents, employers, potential employees, employees, visitors,
6-10 consumers in the district, and the general public;
6-11 (2) provide needed funding for the Aldine Community
6-12 area to preserve, maintain, and enhance the economic health and
6-13 vitality of the area as a community and business center; and
6-14 (3) further promote the health, safety, welfare, and
6-15 enjoyment of the public by providing pedestrian ways and by
6-16 landscaping and developing certain areas in the district, which are
6-17 necessary for the restoration, preservation, and enhancement of
6-18 scenic beauty.
6-19 (d) Pedestrian ways along or across a street, whether at
6-20 grade or above or below the surface, and street lighting, street
6-21 landscaping, and street art objects are parts of and necessary
6-22 components of a street and are considered to be a street or road
6-23 improvement.
6-24 (e) The district will not act as the agent or
6-25 instrumentality of any private interest even though many private
6-26 interests will be benefited by the district, as will the general
6-27 public.
7-1 Sec. 376.457. APPLICATION OF OTHER LAW. Except as otherwise
7-2 provided by this subchapter, Chapter 375 applies to the district.
7-3 Sec. 376.458. CONSTRUCTION OF SUBCHAPTER. This subchapter
7-4 shall be liberally construed in conformity with the findings and
7-5 purposes stated in this subchapter.
7-6 Sec. 376.459. BOARD OF DIRECTORS IN GENERAL. (a) The
7-7 district is governed by a board of nine directors who serve
7-8 staggered terms of four years with four or five members' terms
7-9 expiring June 1 of each odd-numbered year.
7-10 (b) One director must be a resident of the district.
7-11 (c) The board by resolution may change the number of
7-12 directors on the board if the board finds that the change is in the
7-13 best interest of the district, subject to Section 375.061.
7-14 Sec. 376.460. APPOINTMENT AND REMOVAL OF DIRECTORS. Board
7-15 members are appointed and may be removed as provided by Sections
7-16 375.064 and 375.065, except that for purposes of this subchapter
7-17 references in those sections to the governing body of the
7-18 municipality mean the commissioners court of the county.
7-19 Sec. 376.461. QUORUM. (a) Section 375.071 does not apply to
7-20 the district.
7-21 (b) One-half of the board constitutes a quorum.
7-22 (c) Except as provided in Section 376.462, a concurrence of
7-23 a majority of a quorum is required for any official district
7-24 action.
7-25 Sec. 376.462. VOTE REQUIRED FOR AUTHORIZATION OF
7-26 ASSESSMENTS, BONDS, IMPACT FEES, AND TAXES. (a) A majority vote of
7-27 the directors serving is required to authorize the imposition of an
8-1 assessment, impact fee, or tax.
8-2 (b) The written consent of at least two-thirds of the full
8-3 membership of the board is required to authorize the issuance of
8-4 bonds.
8-5 Sec. 376.463. EXERCISE OF POWERS OF DEVELOPMENT CORPORATION.
8-6 The district may exercise the powers of a corporation created under
8-7 Section 4B, Development Corporation Act of 1979 (Article 5190.6,
8-8 Vernon's Texas Civil Statutes).
8-9 Sec. 376.464. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To
8-10 protect the public interest, the district may contract with the
8-11 municipality or the county for the municipality or county to
8-12 provide law enforcement services in the district for a fee.
8-13 Sec. 376.465. CONTRACT WITH POLITICAL SUBDIVISION. The
8-14 municipality, county, or another political subdivision of the
8-15 state, without further authorization, may contract with the
8-16 district to implement a project of the district or assist the
8-17 district in providing the services authorized under this
8-18 subchapter. A contract under this subsection may:
8-19 (1) be for a period on which the parties agree;
8-20 (2) include terms on which the parties agree;
8-21 (3) be payable from taxes or any other sources of
8-22 revenue that may be available for such purpose; or
8-23 (4) provide that taxes or other revenue collected at a
8-24 district project or from a person using or purchasing a commodity
8-25 or service at a district project may be paid or rebated to the
8-26 district under the terms of the contract.
8-27 Sec. 376.466. NONPROFIT CORPORATION. (a) The board by
9-1 resolution may authorize the creation of a nonprofit corporation to
9-2 assist and act on behalf of the district in implementing a project
9-3 or providing a service authorized by this subchapter.
9-4 (b) The board shall appoint the board of directors of a
9-5 nonprofit corporation created under this section. The board of
9-6 directors of the nonprofit corporation shall serve in the same
9-7 manner, term, and conditions as a board of directors of a local
9-8 government corporation created under Chapter 431, Transportation
9-9 Code.
9-10 (c) A nonprofit corporation created under this section has
9-11 the powers of and is considered for purposes of this subchapter to
9-12 be a local government corporation created under Chapter 431,
9-13 Transportation Code.
9-14 (d) A nonprofit corporation created under this section may
9-15 implement any project and provide any service this subchapter
9-16 authorizes.
9-17 Sec. 376.467. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
9-18 by resolution shall establish the number of directors' signatures
9-19 and the procedure required for a disbursement or transfer of the
9-20 district's money.
9-21 Sec. 376.468. MUNICIPAL APPROVAL. (a) Except as provided by
9-22 Subsection (b), the district must obtain approval from the
9-23 municipality's governing body of:
9-24 (1) the issuance of bonds for an improvement project;
9-25 and
9-26 (2) the plans and specifications of an improvement
9-27 project financed by the bonds.
10-1 (b) If the district obtains approval from the municipality's
10-2 governing body of a capital improvements budget for a period not to
10-3 exceed five years, the district may finance the capital
10-4 improvements and issue bonds specified in the budget without
10-5 further approval from the municipality.
10-6 (c) The district must obtain approval from the
10-7 municipality's governing body of the plans and specifications of
10-8 any district improvement project related to the use of land owned
10-9 by the county, an easement granted by the county, or a right-of-way
10-10 of a street, road, or highway.
10-11 (d) Except as provided by Section 375.263, a municipality is
10-12 not obligated to pay any bonds, notes, or other obligations of the
10-13 district.
10-14 Sec. 376.469. ASSESSMENTS. (a) The board may impose and
10-15 collect an assessment for any purpose authorized by this
10-16 subchapter.
10-17 (b) Assessments, reassessments, or assessments resulting
10-18 from an addition to or correction of the assessment roll by the
10-19 district, penalties and interest on an assessment or reassessment,
10-20 expenses of collection, and reasonable attorney's fees incurred by
10-21 the district:
10-22 (1) are a first and prior lien against the property
10-23 assessed;
10-24 (2) are superior to any other lien or claim other than
10-25 a lien or claim for county, school district, or municipal ad
10-26 valorem taxes; and
10-27 (3) are the personal liability of and charge against
11-1 the owners of the property even if the owners are not named in the
11-2 assessment proceedings.
11-3 (c) The lien is effective from the date of the resolution of
11-4 the board levying the assessment until the assessment is paid. The
11-5 board may enforce the lien in the same manner that the board may
11-6 enforce an ad valorem tax lien against real property.
11-7 Sec. 376.470. SALES AND USE TAX. (a) The district may
11-8 impose a sales and use tax if authorized by a majority of the
11-9 qualified voters of the district voting at an election called for
11-10 that purpose. Revenue from the tax may be used for any purpose for
11-11 which ad valorem tax revenue of the district may be used.
11-12 (b) The district may not adopt a tax under this subchapter
11-13 if as a result of the adoption of the tax the combined rate of all
11-14 sales and use taxes imposed by the county and other political
11-15 subdivisions of this state having territory in the county would
11-16 exceed two percent at any location in the district.
11-17 (c) If the voters of the county approve the adoption of the
11-18 tax at an election held on the same election date on which another
11-19 political subdivision adopts a sales and use tax or approves the
11-20 increase in the rate of its sales and use tax and as a result the
11-21 combined rate of all sales and use taxes imposed by the district
11-22 and other political subdivisions of this state having territory in
11-23 the district would exceed two percent at any location in the
11-24 county, the election to adopt a sales and use tax under this
11-25 subchapter has no effect.
11-26 Sec. 376.471. MAINTENANCE TAX. (a) If authorized at an
11-27 election held in accordance with Section 376.472, the district may
12-1 impose and collect an annual ad valorem tax on taxable property in
12-2 the district for:
12-3 (1) the maintenance and operation of the district;
12-4 (2) improvements constructed or acquired by the
12-5 district; or
12-6 (3) the provision of services.
12-7 (b) The board shall determine the tax rate.
12-8 Sec. 376.472. 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 include more than one purpose in a single
12-15 proposition at an election.
12-16 Sec. 376.473. PROPERTY EXEMPTED FROM TAX, FEE, OR
12-17 ASSESSMENT. (a) The district may not impose an impact fee or
12-18 assessment under Chapter 375 on a residential property, multiunit
12-19 residential property, or condominium.
12-20 (b) The district may not impose an assessment or impact fee
12-21 on an electric utility's property. In this subsection, "electric
12-22 utility" has the meaning assigned by Section 31.002, Utilities
12-23 Code.
12-24 Sec. 376.474. NO EMINENT DOMAIN POWER. The district may not
12-25 exercise the power of eminent domain.
12-26 Sec. 376.475. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
12-27 OUTSTANDING DEBTS. (a) The board may vote to dissolve a district
13-1 that has debt. If the vote is in favor of dissolution, the
13-2 district shall remain in existence solely for the limited purpose
13-3 of discharging its debts. The dissolution is effective when all
13-4 debts have been discharged.
13-5 (b) Section 375.264 does not apply to the district.
13-6 SECTION 2. The legislature finds that:
13-7 (1) proper and legal notice of the intention to
13-8 introduce this Act, setting forth the general substance of this
13-9 Act, has been published as provided by law, and the notice and a
13-10 copy of this Act have been furnished to all persons, agencies,
13-11 officials, or entities to which they are required to be furnished
13-12 by the constitution and laws of this state, including the
13-13 governor, who has submitted the notice and Act to the Texas Natural
13-14 Resource Conservation Commission;
13-15 (2) the Texas Natural Resource Conservation Commission
13-16 has filed its recommendations relating to this Act with the
13-17 governor, lieutenant governor, and speaker of the house of
13-18 representatives within the required time;
13-19 (3) the general law relating to consent by political
13-20 subdivisions to the creation of districts with conservation,
13-21 reclamation, and road powers and the inclusion of land in those
13-22 districts has been complied with; and
13-23 (4) all requirements of the constitution and laws of
13-24 this state and the rules and procedures of the legislature with
13-25 respect to the notice, introduction, and passage of this Act have
13-26 been fulfilled and accomplished.
13-27 SECTION 3. (a) Section 375.062, Local Government Code, and
14-1 Section 376.460, Local Government Code, as added by this Act, do
14-2 not apply to the initial board of directors of the Aldine Community
14-3 Improvement District.
14-4 (b) The initial board of directors consists of the following
14-5 persons:
14-6 Pos. No. Name of Director
14-7 1 Clyde Baily
14-8 2 Sylvia Bolling
14-9 3 Reyes Garcia
14-10 4 Leland Jauer
14-11 5 V. E. (Vic) Mauldin
14-12 6 W. Steve Mead
14-13 7 Art Murillo
14-14 8 Ray Shotwell
14-15 9 Maria Espinoza
14-16 (c) Of the initial directors, the directors appointed for
14-17 positions 1 through 4 serve until June 1, 2003, and the directors
14-18 appointed for positions 5 through 9 serve until June 1, 2005.
14-19 SECTION 4. This Act takes effect immediately if it receives
14-20 a vote of two-thirds of all the members elected to each house, as
14-21 provided by Section 39, Article III, Texas Constitution. If this
14-22 Act does not receive the vote necessary for immediate effect, this
14-23 Act takes effect September 1, 2001.