By Callegari H.B. No. 2998
77R9163 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Energy Corridor Management
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 ___ to read as follows:
1-7 SUBCHAPTER___. ENERGY CORRIDOR MANAGEMENT DISTRICT
1-8 Sec. 376. . CREATION OF DISTRICT. (a) The Energy Corridor
1-9 Management District is created as a special district under Section
1-10 59, Article XVI, Texas Constitution.
1-11 (b) The board by resolution may change the district's name.
1-12 (c) The creation of the district is essential to accomplish
1-13 the purposes of Sections 52 and 52-a, Article III, and Section 59,
1-14 Article XVI, Texas Constitution, and other public purposes stated
1-15 in this subchapter.
1-16 Sec. 376. . DECLARATION OF INTENT. (a) The creation of the
1-17 district is necessary to promote, develop, encourage, and maintain
1-18 employment, commerce, transportation, housing, tourism, recreation,
1-19 arts, entertainment, economic development, safety, and the public
1-20 welfare in the area of the district.
1-21 (b) The creation of the district and this legislation are
1-22 not to be interpreted to relieve the county or the municipality
1-23 from providing the level of services, as of the effective date of
1-24 this subchapter, to the area in the district or to release the
2-1 county or the municipality from the obligations each entity has to
2-2 provide services to that area. The district is created to
2-3 supplement and not supplant the municipal or county services
2-4 provided in the area in the district.
2-5 (c) By creating the district and in authorizing the
2-6 municipality, county, and other political subdivisions to contract
2-7 with the district, the legislature has established a program to
2-8 accomplish the public purposes set out in Section 52-a, Article
2-9 III, Texas Constitution.
2-10 Sec. 376.303. DEFINITIONS. In this subchapter:
2-11 (1) "Board" means the board of directors of the
2-12 district.
2-13 (2) "County" means Harris County.
2-14 (3) "District" means the Energy Corridor Management
2-15 District.
2-16 (4) "Municipality" means the City of Houston.
2-17 (5) "Utility" means a person that provides to the
2-18 public gas, electricity, telephone, sewage, or water service.
2-19 Sec. 376. . BOUNDARIES. The district includes all the
2-20 territory contained within the following described area:
2-21 BEGINNING at a point at the intersection of the south
2-22 right-of-way line of Interstate Highway 10 and the west
2-23 right-of-way line of North Kirkwood Road;
2-24 THENCE in a southerly direction with the west right-of-way
2-25 line of said North Kirkwood Road to the north line Nottingham West,
2-26 Section 3;
2-27 THENCE in a southwesterly direction with the north line of
3-1 said Nottingham West, Section 3, to the east line of Memorial Club
3-2 Townhomes, Section 2;
3-3 THENCE in a northerly direction with the east line of said
3-4 Memorial Club Townhomes, Section 2, to the northeast corner of said
3-5 Memorial Club Townhomes, Section 2;
3-6 THENCE in a westerly direction with the north line of said
3-7 Memorial Club Townhomes, Section 2, to the cul-de-sac south
3-8 right-of-way line of Lost Meadow Lane;
3-9 THENCE in a westerly direction with the south right-of-way
3-10 line of said Lost Meadow Lane projected to the east right-of-way
3-11 line of Still Meadow Drive;
3-12 THENCE in a southerly and westerly direction with the east
3-13 and south right-of-way line of said Still Meadow Drive to the east
3-14 right-of-way line of Tully Road;
3-15 THENCE in a southerly direction with the east right-of-way
3-16 line of said Tully Road to a line approximately 267 feet south of
3-17 the south right-of-way line of St. Mary's Street;
3-18 THENCE in a westerly direction with said line to the east
3-19 right-of-way line of Dairy Ashford Road;
3-20 THENCE in a southerly direction with the east right-of-way
3-21 line of said Dairy Ashford Road to the south right-of-way line of
3-22 Barryknoll Lane;
3-23 THENCE in a northwesterly direction with the south
3-24 right-of-way line of said Barryknoll Lane to the southeast
3-25 right-of-way line of Threadneedle Street;
3-26 THENCE in a northerly direction with the southeast
3-27 right-of-way line of Threadneedle Street to the south right-of-way
4-1 line of said Interstate Highway 10;
4-2 THENCE in a westerly direction with the south right-of-way
4-3 line of said Interstate Highway 10 to the west line of a Harris
4-4 County Flood Control Ditch and the west line of London Lane
4-5 Townhomes;
4-6 THENCE in a southerly direction with the west line of said
4-7 London Lane Townhomes and the east line of Memorial Oaks Cemetery
4-8 to the southwest corner of West Bayou Oaks Townhomes;
4-9 THENCE in an easterly direction with the south line of said
4-10 West Bayou Oaks Townhomes and a north line of said Memorial Oaks
4-11 Cemetery to the south right-of-way line of said Barryknoll Lane;
4-12 THENCE in a southerly direction with the east line of said
4-13 Memorial Oaks Cemetery approximately 320 feet to a point;
4-14 THENCE in an easterly direction continuing with the east line
4-15 of said Memorial Oaks Cemetery approximately 151 feet to a point;
4-16 THENCE in a southerly direction continuing with the east line
4-17 of said Memorial Oaks Cemetery to the north line of Thornwood,
4-18 Section 4;
4-19 THENCE in a westerly direction with a south line of said
4-20 Memorial Oaks Cemetery and the north line of said Thornwood,
4-21 Section 4, to the most westerly northwest corner of said Thornwood,
4-22 Section 4;
4-23 THENCE in a southwesterly direction with the west line of
4-24 said Thornwood, Section 4, and a southeast line of said Memorial
4-25 Oaks Cemetery to the southwest right-of-way line of Memorial Drive
4-26 and the north line of Woods on Memorial, Section 1;
4-27 THENCE in a westerly direction with the north line of Woods
5-1 on Memorial, Section 1, to the east right-of-way line of Eldridge
5-2 Road;
5-3 THENCE in a southwesterly direction with the east
5-4 right-of-way line of said Eldridge Road to the northeast line of
5-5 Buffalo Bayou;
5-6 THENCE in a southeasterly direction with the east line of
5-7 said Buffalo Bayou to the southeast line of Turkey Creek Townhomes;
5-8 THENCE in an easterly direction with the south line of said
5-9 Turkey Creek Townhomes and Turkey Creek Estates to the southeast
5-10 corner of said Turkey Creek Estates;
5-11 THENCE in a northerly direction with the east line of said
5-12 Turkey Creek Estates to the south line of Turkey Trail subdivision;
5-13 THENCE in an easterly direction with the south line of said
5-14 Turkey Trail subdivision to the west right-of-way line of said
5-15 Memorial Drive;
5-16 THENCE in a southeasterly direction with the west
5-17 right-of-way line of said Memorial Drive to the west right-of-way
5-18 line of Nottingham Oaks Trail;
5-19 THENCE in a southerly direction with the west right-of-way
5-20 line of said Nottingham Oaks Trail to the north line of Nottingham
5-21 Forest, Section 8;
5-22 THENCE in a westerly direction with the north line of said
5-23 Nottingham Forest, Section 8, to the east line of said Buffalo
5-24 Bayou;
5-25 THENCE in a southeasterly direction with the east line of
5-26 said Buffalo Bayou to the east line of the J. Wheaton Survey, A-80;
5-27 THENCE in a southerly direction with the east line of said J.
6-1 Wheaton Survey, A-80 to the south line of the said Myriad
6-2 Apartments;
6-3 THENCE in a westerly direction with the south line of the
6-4 Myriad Apartments to the east line of Lakeside Enclave subdivision;
6-5 THENCE in a northerly direction with the east line of
6-6 Lakeside Enclave subdivision to the south right-of-way line of
6-7 Briar Forest Drive;
6-8 THENCE in a westerly direction with the south right-of-way
6-9 line of said Briar Forest Drive to the west line of said Lakeside
6-10 Enclave subdivision;
6-11 THENCE in a southerly direction with the west line of said
6-12 Lakeside Enclave subdivision to the north line of Parkway Plaza,
6-13 Section 2;
6-14 THENCE in a westerly direction with the north line of said
6-15 Parkway Plaza, Section 2, to the east right-of-way line of Eldridge
6-16 Road;
6-17 THENCE in a southerly direction with the east right-of-way
6-18 line of said Eldridge Road to the north right-of-way line of
6-19 Whittington Court;
6-20 THENCE in a westerly direction with the projected north
6-21 right-of-way line of said Whittington Court and south line of
6-22 Eldridge Road Apartments to the west line of said Eldridge Road
6-23 Apartments;
6-24 THENCE in a northerly direction with the west line of said
6-25 Eldridge Road Apartments and the east line of Lakes of Parkway,
6-26 Section 1, to the south right-of-way line of Goar Road;
6-27 THENCE in a westerly direction with the south right-of-way
7-1 line of said Goar Road to the east line of Lakes of Parkway,
7-2 Section 2;
7-3 THENCE in a northerly direction with the east line of said
7-4 Lakes of Parkway, Section 2, to the south right-of-way line of
7-5 Briar Forest Drive;
7-6 THENCE in a northerly direction with the east line of Parkway
7-7 Villages, Section 6, to the interior corner of said Parkway
7-8 Villages, Section 6;
7-9 THENCE in an easterly direction with the south line of said
7-10 Parkway Villages, Section 6, to the west right-of-way line of Park
7-11 Bayou Drive;
7-12 THENCE in a northerly direction with the west right-of-way
7-13 line of said Park Bayou Drive to the south right-of-way line of
7-14 Westerloch Drive;
7-15 THENCE in a westerly direction with the south right-of-way
7-16 line of said Westerloch Drive to the east right-of-way line of said
7-17 Park Bayou Drive;
7-18 THENCE in a northerly direction with the east right-of-way
7-19 line of said Park Bayou Drive to the north right-of-way line of
7-20 Briarhurst Drive;
7-21 THENCE in an easterly direction with the north right-of-way
7-22 line of said Briarhurst Drive to the west right-of-way line of
7-23 Eldridge Road;
7-24 THENCE in a northerly direction with the west right-of-way
7-25 line of said Eldridge Road to the north right-of-way line of
7-26 Parkway Plaza Drive;
7-27 THENCE in a northerly direction with the east line of Park on
8-1 Enclave subdivision crossing Enclave Parkway to the north line of
8-2 said Buffalo Bayou and the south line of Memorial Thicket, Section
8-3 3;
8-4 THENCE in an easterly direction with the north line of said
8-5 Buffalo Bayou and the south line of said Memorial Thicket, Section
8-6 3, to the west right-of-way line of South Mayde Drive;
8-7 THENCE in a northerly direction with the west right-of-way
8-8 line of said South Mayde Drive to the northeast corner of said
8-9 Memorial Thicket, Section 3;
8-10 THENCE in a westerly direction with the north line of said
8-11 Memorial Thicket, Section 3, to the northwest corner of said
8-12 Memorial Thicket, Section 3, located in the east line of Memorial
8-13 Thicket, Section 1;
8-14 THENCE in a northerly direction with the east line of said
8-15 Memorial Thicket, Section 1, to the northeast corner of said
8-16 Memorial Thicket, Section 1;
8-17 THENCE in a northwesterly direction with the north line of
8-18 said Memorial Thicket, Section 1, to the north right-of-way line of
8-19 Memorial Drive at the west right-of-way of Westlake Park Boulevard;
8-20 THENCE in a southwesterly direction with the north
8-21 right-of-way line of said Memorial Drive to the northeast corner of
8-22 Barker Place Townhomes;
8-23 THENCE in a westerly direction with the north line of said
8-24 Barker Place Townhomes to the east line of Barker Court Townhomes;
8-25 THENCE in a northerly direction with the east line of said
8-26 Barker Court Townhomes to the northeast corner of Barkers Landing
8-27 subdivision located in the south right-of-way line of Grisby Road;
9-1 THENCE in a westerly direction with the south right-of-way
9-2 line of said Grisby Road to the northwest corner of said Barkers
9-3 Landing, Section 3;
9-4 THENCE in a southerly direction with the west line of said
9-5 Barkers Landing, Section 3, to the north right-of-way line of North
9-6 Barker's Landing Road;
9-7 THENCE in a westerly direction with the north right-of-way
9-8 line of said North Barker's Landing Road to the east right-of-way
9-9 line of Addicks Howell Road;
9-10 THENCE in a southerly direction with the east right-of-way
9-11 line of said Addicks Howell Road to the north right-of-way line of
9-12 said Memorial Drive;
9-13 THENCE in a westerly direction with the north right-of-way
9-14 line of said Memorial Drive to the levee of Barker Reservoir;
9-15 THENCE in a northerly and westerly direction with the levee
9-16 of said Barker Reservoir and to the west right-of-way line of
9-17 Cypress Run;
9-18 THENCE in a northerly direction with the west right-of-way
9-19 line of said Cypress Run to the northeast corner of Green Trails
9-20 Crossing, Section 3;
9-21 THENCE in a westerly direction with the north line of said
9-22 Green Trails Crossing, Section 3, to the northwest corner of said
9-23 Green Trails Crossing, Section 3;
9-24 THENCE in a northerly direction with the projected west line
9-25 of said Green Trails Crossing, Section 3, to the south right-of-way
9-26 line of Interstate Highway 10;
9-27 THENCE in a northerly direction crossing Interstate Highway
10-1 10 and continuing with the west right-of-way line of Crush Avenue
10-2 to the levee of Addicks Reservoir;
10-3 THENCE in an easterly direction with the levee of said
10-4 Addicks Reservoir to the west line of Westwick, Section 1;
10-5 THENCE in a southerly direction with the west line of said
10-6 Westwick, Section 1, to the southwest corner of Westwick, Section
10-7 1;
10-8 THENCE in an easterly direction with the south line of said
10-9 Westwick, Section 1, to the west right-of-way line of North
10-10 Kirkwood Road;
10-11 THENCE in a southerly direction with the west right-of-way
10-12 line of said North Kirkwood Road to the POINT OF BEGINNING
10-13 save and except the entire limits of the Addicks Dam Subdivision
10-14 located north of Old Katy Road and West of Eldridge Parkway.
10-15 Sec. 376. . FINDINGS RELATING TO BOUNDARIES. The boundaries
10-16 and field notes of the district form a closure. If a mistake is
10-17 made in the field notes or in copying the field notes in the
10-18 legislative process, it does not affect the district's:
10-19 (1) organization, existence, or validity;
10-20 (2) right to issue any type of bond for the purposes
10-21 for which the district is created or to pay the principal of and
10-22 interest on a bond;
10-23 (3) right to impose or collect an assessment; or
10-24 (4) legality or operation.
10-25 Sec. 376. . FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
10-26 All the land and other property included in the district will be
10-27 benefitted by the improvements and services to be provided by the
11-1 district under powers conferred by Sections 52 and 52-a, Article
11-2 III, and Section 59, Article XVI, Texas Constitution, and other
11-3 powers granted under this subchapter, and the district is created
11-4 to serve a public use and benefit.
11-5 (b) The creation of the district is in the public interest
11-6 and is essential to:
11-7 (1) further the public purposes of the development and
11-8 diversification of the economy of the state; and
11-9 (2) eliminate unemployment and underemployment and
11-10 develop or expand transportation and commerce.
11-11 (c) The district will:
11-12 (1) promote the health, safety, and general welfare of
11-13 residents, employers, employees, visitors, consumers in the
11-14 district, and the general public;
11-15 (2) provide needed funding for the area in the
11-16 district to preserve, maintain, and enhance the economic health and
11-17 vitality of the area as a community and business center; and
11-18 (3) further promote the health, safety, welfare, and
11-19 enjoyment of the public by providing pedestrian ways and by
11-20 landscaping and developing certain areas in the district, which are
11-21 necessary for the restoration, preservation, and enhancement of
11-22 scenic and aesthetic beauty.
11-23 (d) Pedestrian ways along or across a street, whether at
11-24 grade or above or below the surface, and street lighting, street
11-25 landscaping, and street art objects are parts of and necessary
11-26 components of a street and are considered to be a street or road
11-27 improvement.
12-1 (e) The district will not act as the agent or
12-2 instrumentality of any private interest even though many private
12-3 interests will be benefitted by the district, as will the general
12-4 public.
12-5 Sec. 376. . APPLICATION OF OTHER LAW. Except as otherwise
12-6 provided by this subchapter:
12-7 (1) Chapter 375 applies to the district, its governing
12-8 body, and its employees; and
12-9 (2) the district has rights and powers of a district
12-10 created under Chapter 375.
12-11 Sec. 376. . LIBERAL CONSTRUCTION OF SUBCHAPTER. This
12-12 subchapter shall be liberally construed in conformity with the
12-13 findings and purposes stated in this subchapter.
12-14 Sec. 376. . BOARD OF DIRECTORS IN GENERAL. (a) The
12-15 district is governed by a board of nine directors who serve
12-16 staggered terms of four years, with four directors' terms expiring
12-17 June 1 of an odd-numbered year and five directors' terms expiring
12-18 June 1 of the following odd-numbered year.
12-19 (b) A director may receive compensation as provided by
12-20 Section 49.060, Water Code.
12-21 Sec. 376. . APPOINTMENT OF DIRECTORS. (a) The mayor and
12-22 members of the governing body of the municipality shall appoint
12-23 directors from persons recommended by the board. A person is
12-24 appointed if a majority of the members and the mayor vote to
12-25 appoint that person.
12-26 (b) A person may not be appointed to the board if the
12-27 appointment of that person would result in less than two-thirds of
13-1 the directors residing in the municipality.
13-2 (c) District directors are public officials entitled to
13-3 governmental immunity for their official actions.
13-4 Sec. 376. . EX OFFICIO BOARD MEMBERS. (a) The following
13-5 persons shall serve as a nonvoting ex officio director:
13-6 (1) the director of the following departments of the
13-7 municipality:
13-8 (A) parks and recreation;
13-9 (B) planning and development;
13-10 (C) public works; and
13-11 (D) civic center;
13-12 (2) the municipality's chief of police;
13-13 (3) the director of the engineering division of the
13-14 county department of public infrastructure;
13-15 (4) the Houston district engineer for the Texas
13-16 Department of Transportation; and
13-17 (5) the county's general manager of the Metropolitan
13-18 Transit Authority; and
13-19 (5) the presidents of any institutions of higher
13-20 learning located in the district.
13-21 (b) If a department described by Subsection (a) is
13-22 consolidated, renamed, or changed, the board may appoint a director
13-23 of the consolidated, renamed, or changed department as a nonvoting
13-24 ex officio board member. If a department described by Subsection
13-25 (a) is abolished, the board may appoint a representative of
13-26 another department of the municipality that performs duties
13-27 comparable to those performed by the abolished department.
14-1 Sec. 376. . CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a)
14-2 Except as provided in this section:
14-3 (1) a director may participate in all board votes and
14-4 decisions; and
14-5 (2) Chapter 171 governs conflict of interests for
14-6 board members.
14-7 (b) Section 171.004 does not apply to the district. A
14-8 director who has a substantial interest in a business or charitable
14-9 entity that will receive a pecuniary benefit from a board action
14-10 shall file a one-time affidavit declaring the interest. An
14-11 additional affidavit is not required if the director's interest
14-12 changes. After the affidavit is filed with the board secretary, the
14-13 director may participate in a discussion or vote on that action if:
14-14 (1) a majority of the directors have a similar
14-15 interest in the same entity; or
14-16 (2) all other similar business or charitable entities
14-17 in the district will receive a similar pecuniary benefit.
14-18 (c) A director who is also an officer or employee of a
14-19 public entity may not participate in the discussion of or vote on a
14-20 matter regarding a contract with that same public entity.
14-21 (d) For purposes of this section, a director has a
14-22 substantial interest in a charitable entity in the same manner that
14-23 a person would have a substantial interest in a business entity
14-24 under Section 171.002.
14-25 Sec. 376. . ADDITIONAL POWERS OF DISTRICT. (a) The
14-26 district may exercise the powers given to a corporation created
14-27 under Section 4B, Development Corporation Act of 1979 (Article
15-1 5190.6, Vernon's Texas Civil Statutes).
15-2 (b) The district may exercise the powers given to a housing
15-3 finance corporation created under Chapter 394 to provide housing or
15-4 residential development projects in the district.
15-5 (c) The district may finance, acquire, construct, improve,
15-6 operate, maintain, or charge fees for the use of telecommunications
15-7 networks, fiber-optic cable, electronic transmission lines, or
15-8 other types of transmission lines and supporting facilities, or
15-9 conduits for such lines or facilities.
15-10 Sec. 376. . AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL
15-11 AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may
15-12 make an agreement with or accept a donation, grant, or loan from
15-13 any person.
15-14 (b) The implementation of a project is a governmental
15-15 function or service for the purposes of Chapter 791, Government
15-16 Code.
15-17 (c) To protect the public interest, the district may
15-18 contract with the municipality or the county for the municipality
15-19 or county to provide law enforcement services in the district for a
15-20 fee.
15-21 Sec. 376. . NONPROFIT CORPORATION. (a) The board by
15-22 resolution may authorize the creation of a nonprofit corporation to
15-23 assist and act on behalf of the district in implementing a project
15-24 or providing a service authorized by this subchapter.
15-25 (b) The board shall appoint the board of directors of a
15-26 nonprofit corporation created under this section. The board of
15-27 directors of the nonprofit corporation shall serve in the same
16-1 manner, term, and conditions as a board of directors of a local
16-2 government corporation created under Chapter 431, Transportation
16-3 Code.
16-4 (c) A nonprofit corporation created under this section has
16-5 the powers of and is considered for purposes of this subchapter to
16-6 be a local government corporation created under Chapter 431,
16-7 Transportation Code.
16-8 (d) A nonprofit corporation created under this section may
16-9 implement any project and provide any service authorized by this
16-10 subchapter.
16-11 Sec. 376. . PETITION REQUIRED FOR FINANCING SERVICES AND
16-12 IMPROVEMENTS. The board may not finance a service or improvement
16-13 project under this subchapter unless a written petition requesting
16-14 the improvement or service has been filed with the board. The
16-15 petition must be signed by:
16-16 (1) the owners of a majority of the assessed value of
16-17 real property in the district as determined by the most recent
16-18 certified county property tax rolls; or
16-19 (2) at least 25 persons who own land in the district,
16-20 if there are more than 25 persons who own property in the district
16-21 as determined by the most recent certified county property tax
16-22 rolls.
16-23 Sec. 376. . ELECTIONS. (a) In addition to the elections
16-24 the district must hold under Subchapter L, Chapter 375, the
16-25 district shall hold an election in the manner provided by that
16-26 subchapter to obtain voter approval before the district imposes a
16-27 maintenance tax or issues bonds payable from ad valorem taxes or
17-1 assessments.
17-2 (b) The board may include more than one purpose in a single
17-3 proposition at an election.
17-4 Sec. 376. . MAINTENANCE TAX. (a) If authorized at an
17-5 election held in accordance with Section 376. , the district may
17-6 impose and collect an annual ad valorem tax on taxable property in
17-7 the district for the maintenance and operation of the district and
17-8 the improvements constructed or acquired by the district or for the
17-9 provision of services.
17-10 (b) The board shall determine the tax rate.
17-11 Sec. 376. . ASSESSMENTS. (a) The board may impose and
17-12 collect an assessment for any purpose authorized by this
17-13 subchapter.
17-14 (b) Assessments, including assessments resulting from an
17-15 addition to or correction of the assessment roll by the district,
17-16 reassessments, penalties and interest on an assessment or
17-17 reassessment, expenses of collection, and reasonable attorney's
17-18 fees incurred by the district:
17-19 (1) are a first and prior lien against the property
17-20 assessed;
17-21 (2) are superior to any other lien or claim other than
17-22 a lien or claim for county, school district, or municipal ad
17-23 valorem taxes; and
17-24 (3) are the personal liability of and charge against
17-25 the owners of the property even if the owners are not named in the
17-26 assessment proceedings.
17-27 (c) The lien is effective from the date of the resolution of
18-1 the board imposing the assessment until the assessment is paid.
18-2 The board may enforce the lien in the same manner that the board
18-3 may enforce an ad valorem tax lien against real property.
18-4 Sec. 376. . UTILITIES. The district may not impose an
18-5 assessment or impact fee on a utility's property.
18-6 Sec. 376. . BONDS. (a) The district may issue bonds or
18-7 other obligations payable in whole or in part from ad valorem
18-8 taxes, assessments, impact fees, revenues, grants, or other money
18-9 of the district, or any combination of those sources of money, to
18-10 pay for any authorized purpose of the district.
18-11 (b) Bonds or other obligations of the district may be issued
18-12 in the form of bonds, notes, certificates of participation,
18-13 including other instruments evidencing a proportionate interest in
18-14 payments to be made by the district, or other obligations that are
18-15 issued in the exercise of the district's borrowing power and may be
18-16 issued in bearer or registered form or not represented by an
18-17 instrument but the transfer of which is registered on books
18-18 maintained by or on behalf of the district.
18-19 Sec. 376. . MUNICIPAL APPROVAL. (a) Except as provided by
18-20 Subsection (b), the district must obtain approval from the
18-21 municipality's governing body of:
18-22 (1) the issuance of bonds for an improvement project;
18-23 and
18-24 (2) the plans and specifications of an improvement
18-25 project financed by the bonds.
18-26 (b) If the district obtains approval from the municipality's
18-27 governing body of a capital improvements budget for a period not to
19-1 exceed five years, the district may finance the capital
19-2 improvements and issue bonds specified in the budget without
19-3 further approval from the municipality.
19-4 (c) The district must obtain approval from the
19-5 municipality's governing body of the plans and specifications of
19-6 any district improvement project related to the use of land owned
19-7 by the municipality, an easement granted by the municipality, or a
19-8 right-of-way of a street, road, or highway.
19-9 (d) Except as provided by Section 375.263, a municipality is
19-10 not obligated to pay any bonds, notes, or other obligations of the
19-11 district.
19-12 Sec. 376. . DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
19-13 by resolution shall establish the number of directors' signatures
19-14 and the procedure required for a disbursement or transfer of the
19-15 district's money.
19-16 Sec. 376. . COMPETITIVE BIDDING LIMIT. Section 375.221 does
19-17 not apply to the district unless the contract is for more than
19-18 $25,000.
19-19 Sec. 376. . EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
19-20 OUTSTANDING DEBTS. (a) The board may vote to dissolve a district
19-21 that has debt. If the vote is in favor of dissolution, the district
19-22 shall remain in existence solely for the limited purpose of
19-23 discharging its debts. The dissolution is effective when all debts
19-24 have been discharged.
19-25 (b) Section 375.264 does not apply to the district.
19-26 SECTION 2. The legislature finds that:
19-27 (1) proper and legal notice of the intention to
20-1 introduce this Act, setting forth the general substance of this
20-2 Act, has been published as provided by law, and the notice and a
20-3 copy of this Act have been furnished to all persons, agencies,
20-4 officials, or entities to which they are required to be furnished
20-5 by the constitution and laws of this state, including the governor,
20-6 who has submitted the notice and Act to the Texas Natural Resource
20-7 Conservation Commission;
20-8 (2) the Texas Natural Resource Conservation Commission
20-9 has filed its recommendations relating to this Act with the
20-10 governor, lieutenant governor, and speaker of the house of
20-11 representatives within the required time;
20-12 (3) the general law relating to consent by political
20-13 subdivisions to the creation of districts with conservation,
20-14 reclamation, and road powers and the inclusion of land in those
20-15 districts has been complied with; and
20-16 (4) all requirements of the constitution and laws of
20-17 this state and the rules and procedures of the legislature with
20-18 respect to the notice, introduction, and passage of this Act have
20-19 been fulfilled and accomplished.
20-20 SECTION 3. Notwithstanding Section 376.___, Local Government
20-21 Code, as added by this Act:
20-22 (1) the initial board of directors of the Energy
20-23 Corridor Management District consists of:
20-24 Pos. No. Name of Board Member
20-25 1. ____________________
20-26 2. ____________________
20-27 3. ____________________
21-1 4. ____________________
21-2 5. ____________________
21-3 6. ____________________
21-4 7. ____________________
21-5 8. ____________________; and
21-6 9. ____________________
21-7 (2) of the initial board members, the members
21-8 appointed for positions 1 through 5 serve until June 1, 2005, and
21-9 the members appointed for positions 6 through 9 serve until June 1,
21-10 2003.
21-11 SECTION 4. EFFECTIVE DATE. This Act takes effect immediately
21-12 if it receives a vote of two-thirds of all the members elected to
21-13 each house, as provided by Section 39, Article III, Texas
21-14 Constitution. If this Act does not receive the vote necessary for
21-15 immediate effect, this Act takes effect September 1, 2001.