1-1 By: Woolley, Danburg, Nixon H.B. No. 2295
1-2 (Senate Sponsor - Gallegos)
1-3 (In the Senate - Received from the House April 23, 2001;
1-4 April 24, 2001, read first time and referred to Committee on
1-5 Business and Commerce; May 10, 2001, reported adversely, with
1-6 favorable Committee Substitute by the following vote: Yeas 6, Nays
1-7 0; May 10, 2001, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR H.B. No. 2295 By: Lucio
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the powers of Harris County Improvement District No. 1;
1-12 authorizing the imposition of taxes.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 6, Chapter 1026, Acts of the 70th
1-15 Legislature, Regular Session, 1987, is amended by adding Subsection
1-16 (C) to read as follows:
1-17 (C) Except as otherwise provided, Chapter 375,
1-18 Local Government Code, applies to the district. The district has
1-19 the rights, powers, privileges, authority, and functions of a
1-20 district created under Chapter 375, Local Government Code.
1-21 SECTION 2. Chapter 1026, Acts of the 70th Legislature,
1-22 Regular Session, 1987, is amended by adding Section 7A to read as
1-23 follows:
1-24 Sec. 7A. TAXES AND ASSESSMENTS. (A) The district may
1-25 impose an ad valorem tax, assessment, or impact fee in accordance
1-26 with Chapter 375, Local Government Code, to provide improvements or
1-27 services for a project or activity the district is authorized to
1-28 acquire, construct, improve, or provide under this Act, if a
1-29 written petition has been filed with the board of directors,
1-30 requesting those improvements or services, signed by:
1-31 (1) the owners of 50 percent or more of the assessed
1-32 value of the property in the district as determined from the most
1-33 recent certified county property tax rolls; or
1-34 (2) 25 owners of property in the district, if there
1-35 are more than 25 persons who own property in the district as
1-36 determined by the most recent certified county property tax rolls.
1-37 (B) The district may not impose an impact fee or
1-38 assessment on the property, equipment, rights-of-way, facilities,
1-39 or improvements of:
1-40 (1) an electric utility or a power generation company,
1-41 as those terms are defined by Section 31.002, Utilities Code; or
1-42 (2) a gas utility, as that term is defined by Section
1-43 101.003 or 121.001, Utilities Code; or
1-44 (3) a telecommunications provider, as that term is
1-45 defined by Section 51.002 (10), Utilities Code; or
1-46 (4) a cable system, as that term is defined by the
1-47 Communications Act of 1934, as amended, Title VI, Sec. 602,
1-48 Subsection 7.
1-49 SECTION 3. Chapter 1026, Acts of the 70th Legislature,
1-50 Regular Session, 1987, is amended by adding Section 7B to read as
1-51 follows:
1-52 Sec. 7B. NONPROFIT CORPORATION. (A) The board of directors
1-53 by resolution may authorize the creation of a nonprofit corporation
1-54 to assist and act on behalf of the district in implementing a
1-55 project or providing a service authorized by this Act.
1-56 (B) The board of directors of the district shall
1-57 appoint the board of directors of a nonprofit corporation created
1-58 under this section. The board of directors of the nonprofit
1-59 corporation serves in the same manner as, for the same term as, and
1-60 on the conditions of the board of directors of a local government
1-61 corporation created under Chapter 431, Transportation Code.
1-62 (C) A nonprofit corporation created under this
1-63 section has the powers of, and is considered for purposes of this
1-64 Act to be, a local government corporation created under Subchapter
2-1 D, Chapter 431, Transportation Code.
2-2 (D) A nonprofit corporation created under this
2-3 section may implement any project and provide any services
2-4 authorized by this Act.
2-5 SECTION 4. Chapter 1026, Acts of the 70th Legislature,
2-6 Regular Session, 1987, is amended by adding Section 7C to read as
2-7 follows:
2-8 Sec. 7C MISCELLANEOUS POWERS OF DISTRICT. (a) The district
2-9 may:
2-10 (1) finance, acquire, construct, improve, operate,
2-11 maintain, or charge fees for the use of its own conduits for
2-12 fiber-optic cable, electronic transmission lines, or other types of
2-13 transmission lines and supporting facilities; or
2-14 (2) finance, acquire, construct, improve, operate, or
2-15 maintain conference centers and supporting facilities.
2-16 (b) Nothing in this section grants the district any
2-17 authority to require a person to use the conduits authorized by
2-18 this section.
2-19 SECTION 5. Section 13, Chapter 1026, Acts of the 70th
2-20 Legislature, Regular Session, 1987, is amended to read as follows:
2-21 Sec. 13. ANNEXATION. (A) The district may, subject to the
2-22 approval of the governing body of the City of Houston, Texas:
2-23 (1) annex territory [land] in accordance with
2-24 Subchapter J, Chapter 49 [Chapter 54], Water Code; or
2-25 (2) annex territory located inside the boundaries of a
2-26 reinvestment zone created under Chapter 311, Tax Code, as those
2-27 boundaries exist on September 1, 2001, as provided by this section.
2-28 (B) The district may annex territory under
2-29 Subsection (A) (2) only if:
2-30 (1) the district holds a public hearing on the
2-31 proposed annexation and publishes notice in the district not later
2-32 than the 15th day before the date of the hearing; and
2-33 (2) a majority of the qualified voters of the area
2-34 that the district wants to annex, voting at an election called and
2-35 held within the area that the district wants to annex:
2-36 (a) approve the annexation;
2-37 (b) approve the assumption of the bonds, notes, obligations,
2-38 taxes, and special assessments created before the annexation of the
2-39 area to the district; and
2-40 (c) approve the assumption of the bonds of the district
2-41 payable wholly or partly from taxes or special assessments that
2-42 have been voted previously but not yet issued or sold and the levy
2-43 of an ad valorem tax or special assessment on all taxable property
2-44 within the annexed area for the payment of the bonds.
2-45 (C) If, at an election held under Subsection
2-46 (B), the voters approve each proposition, the board of directors
2-47 may adopt an order adding the annexed territory into the district.
2-48 (D) If the board of directors orders an election
2-49 to be held under Subsection (B), the election must be held and
2-50 notice must be given in the area that the district wants to annex
2-51 as provided for a bond election held by the district. The district
2-52 may hold an election to annex territory on the same day as any
2-53 other district election. The board may call an election to annex
2-54 territory by a separate election order or as a part of any other
2-55 election order. The board may submit multiple purposes in a single
2-56 proposition at an election. The board may order multiple elections
2-57 to annex the same territory.
2-58 (E) The district may annex defined areas of
2-59 land, regardless of whether the areas are contiguous to the
2-60 district.
2-61 (F) An annexed area shall bear the area's pro
2-62 rata share of all bonds, notes, or other obligations, taxes, or
2-63 special assessments that may be owned, contracted for, or
2-64 authorized by the district.
2-65 (G) The election, notice, and hearing
2-66 requirements imposed by this section do not apply to an annexation
2-67 under Subchapter J, Chapter 49, Water Code.[, subject to the
2-68 approval of the governing body of the city of Houston, Texas.]
2-69 SECTION 6. (a) The legislature validates and confirms all
3-1 governmental acts and proceedings of Harris County Improvement
3-2 District No. 1 and the district's board of directors that occurred
3-3 before the effective date of this Act.
3-4 (b) This section does not apply to any matter that on the
3-5 effective date of this Act:
3-6 (1) is involved in litigation, if the litigation
3-7 ultimately results in the matter being held invalid by a final
3-8 judgment of a court of competent jurisdiction; or
3-9 (2) has been held invalid by a court of competent
3-10 jurisdiction.
3-11 SECTION 7. This Act takes effect immediately if it receives
3-12 a vote of two-thirds of all the members elected to each house, as
3-13 provided by Section 39, Article III, Texas Constitution. If this
3-14 Act does not receive the vote necessary for immediate effect, this
3-15 Act takes effect September 1, 2001.
3-16 * * * * *