77R11240 ATP-D
By Woolley, Danburg, Nixon H.B. No. 2295
Substitute the following for H.B. No. 2295:
By Chisum C.S.H.B. No. 2295
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers of Harris County Improvement District No. 1.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 6, Chapter 1026, Acts of the 70th
1-5 Legislature, Regular Session, 1987, is amended by adding Subsection
1-6 (C) to read as follows:
1-7 (C) Except as otherwise provided, Chapter 375, Local
1-8 Government Code, applies to the district. The district has the
1-9 rights, powers, privileges, authority, and functions of a district
1-10 created under Chapter 375, Local Government Code.
1-11 SECTION 2. Chapter 1026, Acts of the 70th Legislature,
1-12 Regular Session, 1987, is amended by adding Section 7A to read as
1-13 follows:
1-14 Sec. 7A. TAXES AND ASSESSMENTS. (A) The district may
1-15 impose an ad valorem tax, assessment, or impact fee in accordance
1-16 with Chapter 375, Local Government Code, to provide improvements or
1-17 services for a project or activity the district is authorized to
1-18 acquire, construct, improve, or provide under this Act, if a
1-19 written petition has been filed with the board of directors,
1-20 requesting those improvements or services, signed by:
1-21 (1) the owners of 50 percent or more of the assessed
1-22 value of the property in the district as determined from the most
1-23 recent certified county property tax rolls; or
1-24 (2) 25 owners of property in the district, if there
2-1 are more than 25 persons who own property in the district as
2-2 determined by the most recent certified county property tax rolls.
2-3 (B) The district may not impose an impact fee or assessment
2-4 on the property, equipment, rights-of-way, facilities, or
2-5 improvements of:
2-6 (1) an electric utility or a power generation company,
2-7 as those terms are defined by Section 31.002, Utilities Code; or
2-8 (2) a gas utility, as that term is defined by Section
2-9 101.003 or 121.001, Utilities Code.
2-10 SECTION 3. Chapter 1026, Acts of the 70th Legislature,
2-11 Regular Session, 1987, is amended by adding Section 7B to read as
2-12 follows:
2-13 Sec. 7B. NONPROFIT CORPORATION. (A) The board of directors
2-14 by resolution may authorize the creation of a nonprofit corporation
2-15 to assist and act on behalf of the district in implementing a
2-16 project or providing a service authorized by this Act.
2-17 (B) The board of directors of the district shall appoint the
2-18 board of directors of a nonprofit corporation created under this
2-19 section. The board of directors of the nonprofit corporation
2-20 serves in the same manner as, for the same term as, and on the
2-21 conditions of the board of directors of a local government
2-22 corporation created under Chapter 431, Transportation Code.
2-23 (C) A nonprofit corporation created under this section has
2-24 the powers of and is considered for purposes of this Act to be a
2-25 local government corporation created under Subchapter D, Chapter
2-26 431, Transportation Code.
2-27 (D) A nonprofit corporation created under this section may
3-1 implement any project and provide any services authorized by this
3-2 Act.
3-3 SECTION 4. Chapter 1026, Acts of the 70th Legislature,
3-4 Regular Session, 1987, is amended by adding Section 7C to read as
3-5 follows:
3-6 Sec. 7C. MISCELLANEOUS POWERS OF DISTRICT. The district may:
3-7 (1) finance, acquire, construct, improve, operate,
3-8 maintain, or charge fees for the use of conduits for fiber-optic
3-9 cable, electronic transmission lines, or other types of
3-10 transmission lines and supporting facilities; or
3-11 (2) finance, acquire, construct, improve, operate, or
3-12 maintain conference centers and supporting facilities.
3-13 SECTION 5. Section 13, Chapter 1026, Acts of the 70th
3-14 Legislature, Regular Session, 1987, is amended to read as follows:
3-15 Sec. 13. ANNEXATION. (A) The district may, subject to the
3-16 approval of the governing body of the City of Houston, Texas:
3-17 (1) annex territory [land] in accordance with
3-18 Subchapter J, Chapter 49 [Chapter 54], Water Code; or
3-19 (2) annex territory located inside the boundaries of a
3-20 reinvestment zone created under Chapter 311, Tax Code, as those
3-21 boundaries exist on September 1, 2001, as provided by this section.
3-22 (B) The district may annex territory under Subsection (A)(2)
3-23 only if:
3-24 (1) the district holds a public hearing on the
3-25 proposed annexation and publishes notice in the district not later
3-26 than the 15th day before the date of the hearing; and
3-27 (2) a majority of the qualified voters of the area
4-1 that the district wants to annex, voting at an election called and
4-2 held within the area that the district wants to annex:
4-3 (a) approve the annexation;
4-4 (b) approve the assumption of the bonds, notes,
4-5 obligations, taxes, and special assessments created before the
4-6 annexation of the area to the district; and
4-7 (c) approve the assumption of the bonds of the
4-8 district payable wholly or partly from taxes or special assessments
4-9 that have been voted previously but not yet issued or sold and the
4-10 levy of an ad valorem tax or special assessment on all taxable
4-11 property within the annexed area for the payment of the bonds.
4-12 (C) If, at an election held under Subsection (B), the voters
4-13 approve each proposition, the board may adopt an order adding the
4-14 annexed territory into the district.
4-15 (D) If the board orders an election to be held under
4-16 Subsection (B), the election must be held and notice must be given
4-17 in the area that the district wants to annex as provided for a bond
4-18 election held by the district. The district may hold an election
4-19 to annex territory on the same day as any other district election.
4-20 The board may call an election to annex territory by a separate
4-21 election order or as a part of any other election order. The board
4-22 may submit multiple purposes in a single proposition at an
4-23 election. The board may order multiple elections to annex the same
4-24 territory.
4-25 (E) The district may annex defined areas of land, regardless
4-26 of whether the areas are contiguous to the district.
4-27 (F) An annexed area shall bear the area's pro rata share of
5-1 all bonds, notes, or other obligations, taxes, or special
5-2 assessments that may be owed, contracted for, or authorized by the
5-3 district.
5-4 (G) The election, notice, and hearing requirements imposed
5-5 by this section do not apply to an annexation under Subchapter J,
5-6 Chapter 49, Water Code. [, subject to the approval of the governing
5-7 body of the city of Houston, Texas.]
5-8 SECTION 6. (a) The legislature validates and confirms all
5-9 governmental acts and proceedings of the Harris County Improvement
5-10 District No. 1 and the district's board of directors that occurred
5-11 before the effective date of this Act.
5-12 (b) This section does not apply to any matter that on the
5-13 effective date of this Act:
5-14 (1) is involved in litigation if the litigation
5-15 ultimately results in the matter being held invalid by a final
5-16 judgment of a court of competent jurisdiction; or
5-17 (2) has been held invalid by a court of competent
5-18 jurisdiction.
5-19 SECTION 7. This Act takes effect immediately if it receives
5-20 a vote of two-thirds of all the members elected to each house, as
5-21 provided by Section 39, Article III, Texas Constitution. If this
5-22 Act does not receive the vote necessary for immediate effect, this
5-23 Act takes effect September 1, 2001.