1-1 AN ACT
1-2 relating to the powers of Harris County Improvement District No. 1;
1-3 authorizing the imposition of taxes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6, Chapter 1026, Acts of the 70th
1-6 Legislature, Regular Session, 1987, is amended by adding Subsection
1-7 (C) to read as follows:
1-8 (C) Except as otherwise provided, Chapter 375, Local
1-9 Government Code, applies to the district. The district has the
1-10 rights, powers, privileges, authority, and functions of a district
1-11 created under Chapter 375, Local Government Code.
1-12 SECTION 2. Chapter 1026, Acts of the 70th Legislature,
1-13 Regular Session, 1987, is amended by adding Section 7A to read as
1-14 follows:
1-15 Sec. 7A. TAXES AND ASSESSMENTS. (A) The district may impose
1-16 an ad valorem tax, assessment, or impact fee in accordance with
1-17 Chapter 375, Local Government Code, to provide improvements or
1-18 services for a project or activity the district is authorized to
1-19 acquire, construct, improve, or provide under this Act, if a
1-20 written petition has been filed with the board of directors,
1-21 requesting those improvements or services, signed by:
1-22 (1) the owners of 50 percent or more of the assessed
1-23 value of the property in the district as determined from the most
1-24 recent certified county property tax rolls; or
2-1 (2) 25 owners of property in the district, if there
2-2 are more than 25 persons who own property in the district as
2-3 determined by the most recent certified county property tax rolls.
2-4 (B) The district may not impose an impact fee or assessment
2-5 on the property, equipment, rights-of-way, facilities, or
2-6 improvements of:
2-7 (1) an electric utility or a power generation company,
2-8 as those terms are defined by Section 31.002, Utilities Code; or
2-9 (2) a gas utility, as that term is defined by Section
2-10 101.003 or 121.001, Utilities Code; or
2-11 (3) a telecommunications provider, as that term is
2-12 defined by Section 51.002(10), Utilities Code; or
2-13 (4) a cable system, as that term is defined by the
2-14 Communications Act of 1934, as amended, Title VI, Sec. 602,
2-15 Subsection 7.
2-16 SECTION 3. Chapter 1026, Acts of the 70th Legislature,
2-17 Regular Session, 1987, is amended by adding Section 7B to read as
2-18 follows:
2-19 Sec. 7B. NONPROFIT CORPORATION. (A) The board of directors
2-20 by resolution may authorize the creation of a nonprofit corporation
2-21 to assist and act on behalf of the district in implementing a
2-22 project or providing a service authorized by this Act.
2-23 (B) The board of directors of the district shall appoint the
2-24 board of directors of a nonprofit corporation created under this
2-25 section. The board of directors of the nonprofit corporation
2-26 serves in the same manner as, for the same term as, and on the
2-27 conditions of the board of directors of a local government
3-1 corporation created under Chapter 431, Transportation Code.
3-2 (C) A nonprofit corporation created under this section has
3-3 the powers of, and is considered for purposes of this Act to be, a
3-4 local government corporation created under Subchapter D, Chapter
3-5 431, Transportation Code.
3-6 (D) A nonprofit corporation created under this section may
3-7 implement any project and provide any services authorized by this
3-8 Act.
3-9 SECTION 4. Chapter 1026, Acts of the 70th Legislature,
3-10 Regular Session, 1987, is amended by adding Section 7C to read as
3-11 follows:
3-12 Sec. 7C. MISCELLANEOUS POWERS OF DISTRICT. (a) The district
3-13 may:
3-14 (1) finance, acquire, construct, improve, operate,
3-15 maintain, or charge fees for the use of its own conduits for
3-16 fiber-optic cable, electronic transmission lines, or other types of
3-17 transmission lines and supporting facilities; or
3-18 (2) finance, acquire, construct, improve, operate, or
3-19 maintain conference centers and supporting facilities.
3-20 (b) Nothing in this section grants the district any
3-21 authority to require a person to use the conduits authorized by
3-22 this section.
3-23 SECTION 5. Section 13, Chapter 1026, Acts of the 70th
3-24 Legislature, Regular Session, 1987, is amended to read as follows:
3-25 Sec. 13. ANNEXATION. (A) The district may, subject to the
3-26 approval of the governing body of the City of Houston, Texas:
3-27 (1) annex territory [land] in accordance with
4-1 Subchapter J, Chapter 49 [Chapter 54], Water Code; or
4-2 (2) annex territory located inside the boundaries of a
4-3 reinvestment zone created under Chapter 311, Tax Code, as those
4-4 boundaries exist on September 1, 2001, as provided by this section.
4-5 (B) The district may annex territory under Subsection (A)(2)
4-6 only if:
4-7 (1) the district holds a public hearing on the
4-8 proposed annexation and publishes notice in the district not later
4-9 than the 15th day before the date of the hearing; and
4-10 (2) a majority of the qualified voters of the area
4-11 that the district wants to annex, voting at an election called and
4-12 held within the area that the district wants to annex:
4-13 (a) approve the annexation;
4-14 (b) approve the assumption of the bonds, notes,
4-15 obligations, taxes, and special assessments created before the
4-16 annexation of the area to the district; and
4-17 (c) approve the assumption of the bonds of the
4-18 district payable wholly or partly from taxes or special assessments
4-19 that have been voted previously but not yet issued or sold and the
4-20 levy of an ad valorem tax or special assessment on all taxable
4-21 property within the annexed area for the payment of the bonds.
4-22 (C) If, at an election held under Subsection (B), the voters
4-23 approve each proposition, the board of directors may adopt an order
4-24 adding the annexed territory into the district.
4-25 (D) If the board of directors orders an election to be held
4-26 under Subsection (B), the election must be held and notice must be
4-27 given in the area that the district wants to annex as provided for
5-1 a bond election held by the district. The district may hold an
5-2 election to annex territory on the same day as any other district
5-3 election. The board may call an election to annex territory by a
5-4 separate election order or as a part of any other election order.
5-5 The board may submit multiple purposes in a single proposition at
5-6 an election. The board may order multiple elections to annex the
5-7 same territory.
5-8 (E) The district may annex defined areas of land, regardless
5-9 of whether the areas are contiguous to the district.
5-10 (F) An annexed area shall bear the area's pro rata share of
5-11 all bonds, notes, or other obligations, taxes, or special
5-12 assessments that may be owed, contracted for, or authorized by the
5-13 district.
5-14 (G) The election, notice, and hearing requirements imposed
5-15 by this section do not apply to an annexation under Subchapter J,
5-16 Chapter 49, Water Code. [, subject to the approval of the governing
5-17 body of the city of Houston, Texas.]
5-18 SECTION 6. (a) The legislature validates and confirms all
5-19 governmental acts and proceedings of Harris County Improvement
5-20 District No. 1 and the district's board of directors that occurred
5-21 before the effective date of this Act.
5-22 (b) This section does not apply to any matter that on the
5-23 effective date of this Act:
5-24 (1) is involved in litigation, if the litigation
5-25 ultimately results in the matter being held invalid by a final
5-26 judgment of a court of competent jurisdiction; or
5-27 (2) has been held invalid by a court of competent
6-1 jurisdiction.
6-2 SECTION 7. This Act takes effect immediately if it receives
6-3 a vote of two-thirds of all the members elected to each house, as
6-4 provided by Section 39, Article III, Texas Constitution. If this
6-5 Act does not receive the vote necessary for immediate effect, this
6-6 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2295 was passed by the House on April
20, 2001, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2295 on May 25, 2001, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2295 was passed by the Senate, with
amendments, on May 23, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor