1-1     By:  Hope (Senate Sponsor - Bernsen)                  H.B. No. 3633
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 10, 2001, reported favorably by
 1-5     the following vote:  Yeas 5, Nays 0; May 10, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the operation of the East Montgomery County Improvement
1-10     District.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 4, Chapter 1316, Acts of the 75th
1-13     Legislature, Regular Session, 1997, is amended to read as follows:
1-14           Sec. 4.  BOUNDARIES. The boundaries of the district are
1-15     coextensive with the boundaries of the New Caney Independent School
1-16     District and the Splendora Independent School District as those
1-17     boundaries existed on January 1, 1997, but the district does not
1-18     include any portion of the City of Houston as it existed on January
1-19     1, 1997, and does not include any portion of the New Caney
1-20     Independent School District, as the boundaries of the school
1-21     district exist on September 1, 2001, or as they may exist in the
1-22     future, located in Harris County.
1-23           SECTION 2. Section 11, Chapter 1316, Acts of the 75th
1-24     Legislature, Regular Session, 1997, is amended to read as follows:
1-25           Sec. 11.  ADMINISTRATION OF BOARD. (a)  Sections 375.066
1-26     through 375.070, Local Government Code, apply to the board as if it
1-27     were established under Chapter 375, Local Government Code.
1-28           (b)  After the directors have been selected and have
1-29     qualified as provided by Subsection (a) of this section, they shall
1-30     organize or reorganize by electing a chair, a vice chair, a
1-31     secretary, and other officers of the board as the board considers
1-32     necessary.
1-33           SECTION 3. Section 16, Chapter 1316, Acts of the 75th
1-34     Legislature, Regular Session, 1997,  is amended by amending
1-35     Subsection (b) and adding Subsection (e) to read as follows:
1-36           (b)  The district may not employ peace officers, but may
1-37     contract with off-duty peace officers to provide public safety and
1-38     security services in connection with a special event, holiday,
1-39     period with high traffic congestion, or similar circumstance and to
1-40     provide public safety and security services at district facilities
1-41     and property.
1-42           (e)  The board may employ and establish the terms of
1-43     employment and compensation of an executive director or general
1-44     manager or any officer of the district the board considers
1-45     necessary.
1-46           SECTION 4. Section 21(d), Chapter 1316, Acts of the 75th
1-47     Legislature, Regular Session, 1997, is amended to read as follows:
1-48           (d)  For purposes of this section:
1-49                 (1)  "taxable items" includes all items that would be
1-50     subject to any sales and use tax [that is] imposed by the county if
1-51     the county [has] imposed a sales and use tax; and
1-52                 (2)  "use," with respect to a taxable service, means
1-53     the derivation in the district of direct or indirect benefit from
1-54     the service.
1-55           SECTION 5. Section 22(a), Chapter 1316, Acts of the 75th
1-56     Legislature, Regular Session, 1997, is amended to read as follows:
1-57           (a)  The board by order may call an election to adopt, change
1-58     the rate of, or abolish a sales and use tax, provided that the
1-59     board may not call an election to abolish a sales and use tax or to
1-60     reduce the rate of the sales and use tax below the amount pledged
1-61     to secure payment of any outstanding district debt while any
1-62     district debt remains outstanding.  The election may be held at the
1-63     same time and in conjunction with a confirmation or directors
1-64     election.
 2-1           SECTION 6.  Section 23, Chapter 1316, Acts of the 75th
 2-2     Legislature, Regular Session, 1997, is amended by adding Subsection
 2-3     (d) to read as follows:
 2-4           (d)  The district is entitled to examine and receive
 2-5     information related to the imposition and collection of sales and
 2-6     use taxes to the same extent as if the district were a municipality
 2-7     under Subchapter D, Chapter 321, Tax Code.
 2-8           SECTION 7. Section 25, Chapter 1316, Acts of the 75th
 2-9     Legislature, Regular Session, 1997, is amended to read as follows:
2-10           Sec. 25.  TAX RATES.  (a)  The district may impose the sales
2-11     and use tax under this Act in increments of one-eighth of one
2-12     percent, with a minimum tax of one-half percent and a maximum tax
2-13     of two [one] percent.
2-14           (b)  The district may not impose a sales and use tax of
2-15     greater than one percent unless the voters of the district have
2-16     approved, at an election called for such purpose and conducted
2-17     generally in accordance with Section 22 of this Act, the imposition
2-18     of a rate of one percent or less in addition to the existing one
2-19     percent rate.  In the election, the ballot must permit voting for
2-20     or against the proposition:  "The adoption of a local sales and use
2-21     tax imposed in the East Montgomery County Improvement District of
2-22     __________ (state percentage rate) percent in addition to the sales
2-23     and use tax that the East Montgomery County Improvement District is
2-24     currently authorized to impose at the rate of ___ (state percentage
2-25     rate) percent."
2-26           (c)  If as a result of the imposition or increase in a sales
2-27     and use tax by the district as provided by Section 22 and
2-28     Subsection (b) of this section, the overlapping local sales and use
2-29     taxes in a municipality located within the boundaries of the
2-30     district will exceed two percent, the municipality's sales and use
2-31     tax is automatically reduced in that municipality to a rate that,
2-32     when added to the district's rate, does not exceed two percent.
2-33           (d)  If the tax rate of a municipality is reduced in
2-34     accordance with Subsection (c), the comptroller shall withhold from
2-35     the district's monthly sales and use tax allocation an amount equal
2-36     to the amount that would have been collected by the municipality
2-37     had the district not imposed or increased its sales and use tax
2-38     less amounts that the municipality collects following the
2-39     district's levy of or increase in its sales and use tax.  The
2-40     comptroller shall withhold and pay the amount withheld to the
2-41     municipality under policies or procedures that the comptroller
2-42     considers reasonable.
2-43           SECTION 8. Section 30A, Chapter 1316, Acts of the 75th
2-44     Legislature, Regular Session, 1997, is amended by adding Subsection
2-45     (d) to read as follows:
2-46           (d)  To the extent consistent with the documents authorizing
2-47     the issuance of the district's bonds, the proceeds of bonds
2-48     remaining after the payment of the cost of issuing the bonds and
2-49     all costs associated with the projects for which the bonds were
2-50     sold may be spent by the district for any lawful purpose or for any
2-51     project the district is authorized to undertake.
2-52           SECTION 9. Section 33, Chapter 1316, Acts of the 75th
2-53     Legislature, Regular Session, 1997, is repealed.
2-54           SECTION 10. The legislature finds that the property to be
2-55     excluded from the district, as provided by Section 1 of this Act,
2-56     is undeveloped or residential in character, there is no retail
2-57     activity within that area that would generate sales tax revenues,
2-58     and the area is not generating and is not projected in the
2-59     foreseeable future to generate sales tax or other revenues to the
2-60     district, and therefore the exclusion of that land will not have an
2-61     adverse effect on the district's ability to pay its outstanding
2-62     debt.
2-63           SECTION 11. The legislature finds that:
2-64                 (1)  the proper and legal notice of the intention to
2-65     introduce this Act, setting forth the general substance of this
2-66     Act, has been published as provided by law, and the notice and a
2-67     copy of this Act have been furnished to all persons to which they
2-68     are required to be furnished by the constitution and laws of this
2-69     state; and
 3-1                 (2)  all requirements of the constitution and laws of
 3-2     this state and the rules of the legislature with respect to the
 3-3     notice, introduction, and passage of this Act have been fulfilled
 3-4     and accomplished.
 3-5           SECTION 12. This Act takes effect September 1, 2001.
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