1-1 AN ACT
1-2 relating to the creation of the Greater Southeast 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 K to read as follows:
1-7 SUBCHAPTER K. GREATER SOUTHEAST MANAGEMENT DISTRICT
1-8 Sec. 376.451. CREATION OF DISTRICT. (a) A special district
1-9 to be known as the "Greater Southeast Management District" exists
1-10 as a political subdivision of the state.
1-11 (b) The name of the district may be changed by resolution of
1-12 the board.
1-13 (c) The creation of the district is essential to accomplish
1-14 the purposes of Section 52, Article III, Section 59, Article XVI,
1-15 and Section 52-a, Article III, Texas Constitution, and other public
1-16 purposes stated in this subchapter.
1-17 Sec. 376.452. DECLARATION OF INTENT. (a) The creation of
1-18 the district is necessary to promote, develop, encourage, and
1-19 maintain employment, commerce, transportation, housing, tourism,
1-20 recreation, arts, entertainment, economic development, safety, and
1-21 the public welfare in the southeast area of the city of Houston.
1-22 (b) The creation of the district and this legislation are
1-23 not to be interpreted to relieve the county or the municipality
1-24 from providing the level of services, as of the effective date of
2-1 this subchapter, to the area in the district or to release the
2-2 county or the municipality from the obligations each entity has to
2-3 provide services to that area. The district is created to
2-4 supplement and not supplant the municipal or county services
2-5 provided in the area in the district.
2-6 (c) By creating the district and in authorizing the
2-7 municipality, county, and other political subdivisions to contract
2-8 with the district, the legislature has established a program to
2-9 accomplish the public purposes set out in Section 52-a, Article
2-10 III, Texas Constitution.
2-11 Sec. 376.453. DEFINITIONS. In this subchapter:
2-12 (1) "Board" means the board of directors of the
2-13 district.
2-14 (2) "County" means Harris County, Texas.
2-15 (3) "District" means the Greater Southeast Management
2-16 District.
2-17 (4) "Municipality" means the City of Houston, Texas.
2-18 Sec. 376.454. BOUNDARIES. The district includes all the
2-19 territory contained in the following described area:
2-20 BEGINNING at a point being the point of intersection of the
2-21 centerline of the right-of-way of interstate 45 and the centerline
2-22 of the intersection of HB & TRR;
2-23 THENCE, in a south westerly direction along the centerline of HB &
2-24 TRR to the intersection or Wheeler Street;
2-25 THENCE, continuing in a southeasterly direction along the
2-26 centerline of HB & TRR, and to the intersection of the T & no RR
2-27 (Greater Houston & S.A.R.R.);
3-1 THENCE, east along T & No RR to the rear lot lines of all business
3-2 facing the West Property line on South Wayside Street;
3-3 THENCE, south parallel more or less to South Wayside to the South
3-4 Loop East passing its South property line to the rear property line
3-5 of all lots fronting on the South Loop East;
3-6 THENCE, west parallel to the South Loop East more or less along the
3-7 rear lines of all property fronting on the south property line of
3-8 the South Loop East passing Myakawa Road to the West line of Martin
3-9 Luther King Street;
3-10 THENCE, along the rear property line of the lots fronting the West
3-11 R.O.W. line of Martin Luther King Street to the north line of
3-12 Browncroft Street;
3-13 THENCE west along the north line of Browncroft St. passing USA Lane
3-14 to the south continuing in a generally west direction to the west
3-15 line of Milart Street;
3-16 THENCE South along the west line of Milart Street to the southeast
3-17 corner of tract 23 of the WCRR Co. Survey A 936;
3-18 THENCE, west along the southerly property line of Tract 23 and 14B
3-19 of the WCRR Co. Survey A 936 to the east line of Schroeder Street;
3-20 THENCE northeasterly direction along the easterly line of Schoeder
3-21 Road to its intersection with the southerly line on Griggs Road;
3-22 THENCE in a northeasterly direction along the southerly line of
3-23 Griggs Road to the intersection of the rear of the rear property
3-24 line of the lot facing Grace Lane;
3-25 THENCE in a southwesterly direction along the rear property line of
3-26 the lots facing Grace lane to the intersection of the rear property
3-27 line projection of all lots fronting, more or less the north line
4-1 of Kingsbury Lane;
4-2 THENCE westerly along the rear property line projection of all lots
4-3 fronting the north line of Kingsbury Lane to the east right-of-way
4-4 line of Calhoun Road;
4-5 THENCE northeasterly along the easterly line of Calhoun Road to the
4-6 rear property line projection of the lots fronting on Griggs Road;
4-7 THENCE, west along the rear property line of all the lots fronting
4-8 on Griggs Road to the east line of Cullen Road;
4-9 THENCE, in a southerly direction along the east line of Cullen Road
4-10 to the south line projection of Dixie Street;
4-11 THENCE, in a westerly direction along the south line of Dixie
4-12 Street, crossing St. Augustine Street, to the rear line of the lot
4-13 facing St. Augustine Street;
4-14 THENCE north to the rear lot line of the lots that front on Old
4-15 Spanish Trail;
4-16 THENCE west along the rear lot line of the lots that front on Old
4-17 Spanish Trail to the rear property line of the lot that fronts on
4-18 Scottcrest Street;
4-19 THENCE north to the south right-of-way line of Old Spanish Trail;
4-20 THENCE west to the intersection of the east line of Scott Crest
4-21 Street;
4-22 THENCE in a southwesterly direction to the rear property line of
4-23 all lots that front Zephyr Street;
4-24 THENCE in a westerly direction along the rear property line of the
4-25 lots that front Zephyr Street to west right-of-way line of
4-26 LaSallette Drive;
4-27 THENCE northwesterly along the west right-of-way line of LaSalette
5-1 Drive to the intersection of the south right-of-way line of Old
5-2 Spanish Trail;
5-3 THENCE southwesterly along the south right-of-way line of Old
5-4 Spanish Trail to rear property line of the corner lot fronting on
5-5 Tierwester Street;
5-6 THENCE south along the rear property line of the corner lot
5-7 fronting on Tierwester Street to the southeast corner of this lot;
5-8 THENCE west along the south line of the corner lot fronting on
5-9 Tierwester Street to the east right-of-way line of Tiewester
5-10 Street;
5-11 THENCE southerly along the east right-of-way line of Tierwester
5-12 Street to the south property line of Zephyr Street;
5-13 THENCE west crossing Tierwester Street, where the street names
5-14 changes from Zephyr Street to Southland Avenue and along the south
5-15 line of Southland Avenue to the intersection of the south
5-16 right-of-way line of Old Spanish Trail;
5-17 THENCE in a southwesterly direction along the south line of Old
5-18 Spanish Trail to the east line of Allegheny Street;
5-19 THENCE south along the east right-of-way line of Allegheny Street
5-20 the southeast corner of the first corner lot;
5-21 THENCE east along the south line of the corner lot to the rear
5-22 property line;
5-23 THENCE south along the rear property line for one lot long to the
5-24 southeast corner of this lot fronting on the east line of
5-25 Allegeheny Street;
5-26 THENCE west to the east property line of Alleghaney Street;
5-27 THENCE in a southwesterly direction along the east right-of-way
6-1 line of Alleghaney Street to the intersection of the north
6-2 right-of-way line of Yellowstone Street;
6-3 THENCE in a south easterly direction along the north right-of-way
6-4 line of Yellowstone Street to the east right-of-way line of
6-5 Peerless Street;
6-6 THENCE in a southerly direction along the east right-of-way line of
6-7 Peerless Street to the intersection of the south right-of-way line
6-8 of Corder Street;
6-9 THENCE, in a northwesterly direction along the southerly line of
6-10 Corder Street crossing State Highway 288 in a straight line along
6-11 the centerline of Nicholas Street to its intersection with the
6-12 westerly line of Almeda Rd.;
6-13 THENCE, in a southerly direction along the westerly line of Almeda
6-14 Rd. to its intersection with the southerly line of El Paseo St;
6-15 THENCE, in a westerly direction along the southerly line of El
6-16 Paseo to its intersection with the westerly line of Knight Rd;
6-17 THENCE, in a northerly direction along the centerline of Knight Rd.
6-18 to its intersection with Fannin St;
6-19 THENCE, along the centerline of Fannin Street in a northwesterly
6-20 direction to the intersection of Holcombe Street;
6-21 THENCE, west along the centerline of Holcombe Street to the
6-22 intersection of South Main Street;
6-23 THENCE, in a northeasterly direction along the centerline of South
6-24 Main to Palm Street, and to the intersection with the boundaries of
6-25 the Midtown TIRZ and Management District;
6-26 THENCE, southeasterly with the Southerly R.O.W. of Palm Street to
6-27 the easterly R.O.W. line of Fannin Street;
7-1 THENCE, northeasterly, with the Easterly R.O.W. line of Fannin
7-2 Street to the northerly R.O.W. line of US 59 South;
7-3 THENCE, in an easterly, direction with curve to the left and in a
7-4 northerly direction along the northerly R.O.W. line of US 59 South,
7-5 to the intersection of the westerly R.O.W. line of State Highway
7-6 288 which is also being US 59 North and crossing Interstate Highway
7-7 45 (Gulf Freeway) to the Northerly R.O.W. line thereof; said point
7-8 also being the Northwest boundary corner of the Midtown TIRZ &
7-9 Management District;
7-10 THENCE, southeasterly direction along the north right-of-way line
7-11 of Interstate Highway 45 and to the POINT OF BEGINNING, containing
7-12 19,400 acres more or less, SAVE AND EXCEPT all tracts or parcels of
7-13 land, rights-of-way, facilities, and improvements owned by an
7-14 electric utility or a power generation company as defined by
7-15 Section 31.002, Utilities Code, or a gas utility as defined by
7-16 Sections 101.003 and 121.001, Utilities Code.
7-17 Sec. 376.455. FINDINGS RELATING TO BOUNDARIES. The
7-18 boundaries and field notes of the district form a closure. If a
7-19 mistake is made in the field notes or in copying the field notes in
7-20 the legislative process, the mistake does not in any way affect
7-21 the:
7-22 (1) organization, existence, and validity of the
7-23 district;
7-24 (2) right of the district to issue any type of bonds
7-25 or refunding bonds for the purposes for which the district is
7-26 created or to pay the principal of and interest on the bonds;
7-27 (3) right of the district to impose and collect
8-1 assessments or taxes; or
8-2 (4) legality or operation of the district or its
8-3 governing body.
8-4 Sec. 376.456. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8-5 All the land and other property included in the district will be
8-6 benefited by the improvements and services to be provided by the
8-7 district under powers conferred by Section 52, Article III, Section
8-8 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
8-9 and other powers granted under this subchapter, and the district is
8-10 created to serve a public use and benefit.
8-11 (b) The creation of the district is in the public interest
8-12 and is essential to:
8-13 (1) further the public purposes of the development and
8-14 diversification of the economy of the state; and
8-15 (2) eliminate unemployment and underemployment and
8-16 develop or expand transportation and commerce.
8-17 (c) The district will:
8-18 (1) promote the health, safety, and general welfare of
8-19 residents, employers, employees, visitors, consumers in the
8-20 district, and the general public;
8-21 (2) provide money to preserve, maintain, and enhance
8-22 the economic health and vitality of the district as a community and
8-23 business center; and
8-24 (3) further promote the health, safety, welfare, and
8-25 enjoyment of the public by providing pedestrian ways and by
8-26 landscaping and developing certain areas in the district, which are
8-27 necessary for the restoration, preservation, and enhancement of
9-1 scenic and aesthetic beauty.
9-2 (d) Pedestrian ways along or across a street, whether at
9-3 grade or above or below the surface, and street lighting, street
9-4 landscaping, and street art objects are parts of and necessary
9-5 components of a street and are considered to be a street or road
9-6 improvement.
9-7 (e) The district will not act as the agent or
9-8 instrumentality of any private interest even though many private
9-9 interests will be benefited by the district, as will the general
9-10 public.
9-11 Sec. 376.457. APPLICATION OF OTHER LAW. Except as otherwise
9-12 provided by this subchapter, Chapter 375 applies to the district
9-13 and its governing body and employees.
9-14 Sec. 376.458. CONSTRUCTION OF SUBCHAPTER. This subchapter
9-15 shall be liberally construed in conformity with the findings and
9-16 purposes stated in this subchapter.
9-17 Sec. 376.459. BOARD OF DIRECTORS IN GENERAL. (a) The
9-18 district is governed by a board of 21 directors who serve staggered
9-19 terms of four years, with 10 members' terms expiring June 1 of an
9-20 odd-numbered year and 11 members' terms expiring June 1 of the
9-21 following odd-numbered year. The board may increase or decrease
9-22 the number of directors on the board by resolution, provided that
9-23 it is in the best interest of the district to do so and that the
9-24 board consists of not fewer than 9 and not more than 30 directors.
9-25 (b) Subchapter D, Chapter 375, applies to the board to the
9-26 extent that subchapter does not conflict with this subchapter. The
9-27 imposition of a tax, assessment, or impact fee requires a vote of a
10-1 majority of the directors serving. Directors may vote on any
10-2 matter authorized by Subchapter D, Chapter 375, and action may be
10-3 taken by the board only if it is approved in the manner prescribed
10-4 by Subchapter D, Chapter 375.
10-5 Sec. 376.460. APPOINTMENT OF DIRECTORS; VACANCY. The mayor
10-6 and members of the governing body of the municipality shall appoint
10-7 directors from persons recommended by the board who meet the
10-8 qualifications of Subchapter D, Chapter 375. A vacancy in the
10-9 office of director because of the death, resignation, or removal of
10-10 a director shall be filled by the remaining members of the board by
10-11 appointing a qualified person for the unexpired term.
10-12 Sec. 376.461. POWERS OF DISTRICT. The district has:
10-13 (1) all powers necessary or required to accomplish the
10-14 purposes for which the district was created;
10-15 (2) the rights, powers, privileges, authority, and
10-16 functions of a district created under Chapter 375;
10-17 (3) the powers given to a corporation under Section
10-18 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
10-19 Texas Civil Statutes), and the power to own, operate, acquire,
10-20 construct, lease, improve, and maintain projects;
10-21 (4) the power to impose ad valorem taxes, assessments,
10-22 or impact fees in accordance with Chapter 375 to provide
10-23 improvements and services for a project or activity the district is
10-24 authorized to acquire, construct, improve, or provide under this
10-25 subchapter;
10-26 (5) the power to correct, add to, or delete
10-27 assessments from its assessment rolls after notice and hearing as
11-1 provided by Subchapter F, Chapter 375; and
11-2 (6) the powers given to a housing finance corporation
11-3 created under Chapter 394 to provide housing or residential
11-4 development projects in the district.
11-5 Sec. 376.462. EMINENT DOMAIN. The district may not exercise
11-6 the power of eminent domain.
11-7 Sec. 376.463. EX OFFICIO BOARD MEMBERS. (a) The following
11-8 persons shall serve as nonvoting ex officio directors:
11-9 (1) the director of the following departments of the
11-10 municipality:
11-11 (A) parks and recreation;
11-12 (B) planning and development;
11-13 (C) public works; and
11-14 (D) civic center;
11-15 (2) the municipality's chief of police;
11-16 (3) the general manager of the Metropolitan Transit
11-17 Authority; and
11-18 (4) the presidents of any institutions of higher
11-19 learning located in the district.
11-20 (b) If a department described by Subsection (a) is
11-21 consolidated, renamed, or changed, the board may appoint a director
11-22 of the consolidated, renamed, or changed department as a nonvoting
11-23 ex officio board member. If a department described by Subsection
11-24 (a) is abolished, the board may appoint a representative of another
11-25 department of the municipality that performs duties comparable to
11-26 those performed by the abolished department.
11-27 (c) The board may appoint the presiding officer of a
12-1 nonprofit corporation that is actively involved in activities in
12-2 the municipality's midtown area to serve as a nonvoting ex officio
12-3 director.
12-4 Sec. 376.464. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
12-5 (a) Except as provided in this section:
12-6 (1) a director may participate in all board votes and
12-7 decisions; and
12-8 (2) Chapter 171 governs conflicts of interest for
12-9 board members.
12-10 (b) Section 171.004 does not apply to the district. A
12-11 director who has a substantial interest in a business or charitable
12-12 entity that will receive a pecuniary benefit from a board action
12-13 shall file a one-time affidavit declaring the interest. An
12-14 additional affidavit is not required if the director's interest
12-15 changes. After the affidavit is filed with the board secretary,
12-16 the director may participate in a discussion or vote on that action
12-17 if:
12-18 (1) a majority of the directors have a similar
12-19 interest in the same entity; or
12-20 (2) all other similar business or charitable entities
12-21 in the district will receive a similar pecuniary benefit.
12-22 (c) A director who is also an officer or employee of a
12-23 public entity may not participate in the discussion of or vote on a
12-24 matter regarding a contract with that same public entity.
12-25 (d) For purposes of this section, a director has a
12-26 substantial interest in a charitable entity in the same manner that
12-27 a person would have a substantial interest in a business entity
13-1 under Section 171.002.
13-2 Sec. 376.465. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
13-3 AFFECTING PROPERTY. (a) If the district, in exercising a power
13-4 conferred by this subchapter, requires a relocation, adjustment,
13-5 raising, lowering, rerouting, or changing of the grade or the
13-6 construction of any of the following items, the district must take
13-7 that required action at the sole expense of the district:
13-8 (1) a street, alley, highway, overpass, underpass,
13-9 road, railroad track, bridge, facility, or other property;
13-10 (2) an electric line, conduit, facility, or other
13-11 property;
13-12 (3) a telephone or telegraph line, conduit, facility,
13-13 or other property;
13-14 (4) a gas transmission or distribution pipe, pipeline,
13-15 main, facility, or other property;
13-16 (5) a water, sanitary sewer, or storm sewer pipe,
13-17 pipeline, main, facility, or other property;
13-18 (6) a cable television line, cable, conduit, facility,
13-19 or other property; or
13-20 (7) another pipeline, facility, or other property
13-21 relating to the pipeline.
13-22 (b) The district shall bear damages that are suffered by
13-23 owners of the facility or other property.
13-24 Sec. 376.466. RELATION TO OTHER LAW. If any provision of
13-25 general law, including a law referenced in this subchapter, is in
13-26 conflict with or is inconsistent with this subchapter, this
13-27 subchapter prevails. Any law referenced in this subchapter that is
14-1 not in conflict or inconsistent with this subchapter is adopted and
14-2 incorporated by reference.
14-3 Sec. 376.467. REQUIREMENTS FOR FINANCING SERVICES AND
14-4 IMPROVEMENTS. The board may not finance services and improvement
14-5 projects under this subchapter unless a written petition requesting
14-6 those improvements or services has been filed with the board. The
14-7 petition must be signed by:
14-8 (1) the owners of a majority of the assessed value of
14-9 real property in the district as determined by the most recent
14-10 certified county property tax rolls; or
14-11 (2) at least 50 persons who own land in the district,
14-12 if there are more than 50 persons who own property in the district
14-13 as determined by the most recent certified county property tax
14-14 rolls.
14-15 Sec. 376.468. NONPROFIT CORPORATION. (a) The board by
14-16 resolution may authorize the creation of a nonprofit corporation to
14-17 assist and act on behalf of the district in implementing a project
14-18 or providing a service authorized by this subchapter.
14-19 (b) The board shall appoint the board of directors of a
14-20 nonprofit corporation created under this section. The board of
14-21 directors of the nonprofit corporation shall serve in the same
14-22 manner as, for the same term as, and on the conditions of the board
14-23 of directors of a local government corporation created under
14-24 Chapter 431, Transportation Code.
14-25 (c) A nonprofit corporation created under this section has
14-26 the powers of and is considered for purposes of this subchapter to
14-27 be a local government corporation created under Chapter 431,
15-1 Transportation Code.
15-2 (d) A nonprofit corporation created under this section may
15-3 implement any project and provide any services authorized by this
15-4 subchapter.
15-5 Sec. 376.469. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
15-6 board by resolution shall establish the number of directors'
15-7 signatures and the procedure required for a disbursement or
15-8 transfer of the district's money.
15-9 Sec. 376.470. BONDS. (a) The district may issue bonds or
15-10 other obligations payable in whole or in part from ad valorem
15-11 taxes, assessments, impact fees, revenues, grants, or other money
15-12 of the district, or any combination of those sources of money, to
15-13 pay for any authorized purpose of the district.
15-14 (b) Bonds or other obligations of the district may be issued
15-15 in the form of bonds, notes, certificates of participation,
15-16 including other instruments evidencing a proportionate interest in
15-17 payments to be made by the district, or other obligations that are
15-18 issued in the exercise of the district's borrowing power and may be
15-19 issued in bearer or registered form or not represented by an
15-20 instrument but the transfer of which is registered on books
15-21 maintained by or on behalf of the district. The board may impose
15-22 and collect an assessment under Subchapter F, Chapter 375, for any
15-23 purpose authorized by this subchapter or by Chapter 375.
15-24 (c) Except as provided by Subsection (d), the district must
15-25 obtain the municipality's approval of:
15-26 (1) the issuance of bonds for an improvement project;
15-27 (2) the plans and specifications of the improvement
16-1 project to be financed by the bonds; and
16-2 (3) the plans and specifications of a district
16-3 improvement project related to:
16-4 (A) the use of land owned by the municipality;
16-5 (B) an easement granted by the municipality; or
16-6 (C) a right-of-way of a street, road, or
16-7 highway.
16-8 (d) If the district obtains the municipality's approval of a
16-9 capital improvements budget for a specified period not to exceed
16-10 five years, the district may finance the capital improvements and
16-11 issue bonds specified in the budget without further municipal
16-12 approval.
16-13 (e) Before the district issues bonds, the district shall
16-14 submit the bonds and the record of proceedings of the district
16-15 relating to authorization of the bonds to the attorney general for
16-16 approval as provided by Chapter 1202, Government Code.
16-17 Sec. 376.471. ASSESSMENTS. (a) The board may impose and
16-18 collect an assessment for any purpose authorized by this
16-19 subchapter.
16-20 (b) Assessments, reassessments, or assessments resulting
16-21 from an addition to or correction of the assessment roll by the
16-22 district, penalties and interest on an assessment or reassessment,
16-23 expenses of collection, and reasonable attorney's fees incurred by
16-24 the district:
16-25 (1) are a first and prior lien against the property
16-26 assessed;
16-27 (2) are superior to any other lien or claim other than
17-1 a lien or claim for county, school district, or municipal ad
17-2 valorem taxes; and
17-3 (3) are the personal liability of and charge against
17-4 the owners of the property even if the owners are not named in the
17-5 assessment proceedings.
17-6 (c) The lien is effective from the date of the resolution of
17-7 the board levying the assessment until the assessment is paid. The
17-8 board may enforce the lien in the same manner that the board may
17-9 enforce an ad valorem tax lien against real property.
17-10 Sec. 376.472. PROPERTY EXEMPTED FROM TAX, FEE, OR
17-11 ASSESSMENT. (a) The district may not impose a tax, impact fee, or
17-12 assessment on a residential property or condominium.
17-13 (b) The district may not impose an impact fee or assessment
17-14 on the property, equipment, or facilities of a utility. In this
17-15 subsection, "utility" means a person that provides to the public
17-16 cable television, gas, light, power, telephone, sewerage, or water
17-17 service.
17-18 Sec. 376.473. ELECTIONS. (a) In addition to the elections
17-19 the district must hold under Subchapter L, Chapter 375, the
17-20 district shall hold an election in the manner provided by that
17-21 subchapter to obtain voter approval before the district imposes a
17-22 maintenance tax or issues bonds payable from ad valorem taxes or
17-23 assessments.
17-24 (b) The board may submit multiple purposes in a single
17-25 proposition at an election.
17-26 Sec. 376.474. IMPACT FEES. The district may impose an
17-27 impact fee for an authorized purpose as provided by Subchapter G,
18-1 Chapter 375.
18-2 Sec. 376.475. MAINTENANCE TAX. (a) If authorized at an
18-3 election held in accordance with Section 376.473, the district may
18-4 impose and collect an annual ad valorem tax on taxable property in
18-5 the district for the maintenance and operation of the district and
18-6 the improvements constructed or acquired by the district or for the
18-7 provision of services.
18-8 (b) The board shall determine the tax rate.
18-9 Sec. 376.476. DISSOLUTION OF DISTRICT. The district may be
18-10 dissolved as provided by Subchapter M, Chapter 375. If the
18-11 district has debt and is dissolved, the district shall remain in
18-12 existence solely for the limited purpose of discharging its bonds
18-13 or other obligations according to their terms.
18-14 Sec. 376.477. CONTRACTS. (a) To protect the public
18-15 interest, the district may contract with the municipality or the
18-16 county for the municipality or county to provide law enforcement
18-17 services in the district for a fee.
18-18 (b) The municipality, the county, or another political
18-19 subdivision of the state, without further authorization, may
18-20 contract with the district to implement a project of the district
18-21 or assist the district in providing the services authorized under
18-22 this subchapter. A contract under this subsection may:
18-23 (1) be for a period on which the parties agree;
18-24 (2) include terms on which the parties agree;
18-25 (3) be payable from taxes or any other sources of
18-26 revenue that may be available for that purpose; or
18-27 (4) provide that taxes or other revenue collected at a
19-1 district project or from a person using or purchasing a commodity
19-2 or service at a district project may be paid or rebated to the
19-3 district under the terms of the contract.
19-4 (c) The district may enter into a contract, lease, or other
19-5 agreement with or make or accept grants and loans to or from:
19-6 (1) the United States;
19-7 (2) the state or a state agency;
19-8 (3) a county, a municipality, or another political
19-9 subdivision of the state;
19-10 (4) a public or private corporation, including a
19-11 nonprofit corporation created by the board under this subchapter;
19-12 or
19-13 (5) any other person.
19-14 (d) The district may perform all acts necessary for the full
19-15 exercise of the powers vested in the district on terms and for the
19-16 period the board determines advisable.
19-17 Sec. 376.478. COMPETITIVE BIDDING UNIT. Section 375.221
19-18 does not apply to the district unless the contract is for more than
19-19 $25,000.
19-20 Sec. 376.479. ANNEXATION. The district may:
19-21 (1) annex territory as provided by Subchapter C,
19-22 Chapter 375; and
19-23 (2) annex territory located inside the boundaries of a
19-24 reinvestment zone created by the municipality under Chapter 311,
19-25 Tax Code, if the governing body of the municipality consents to the
19-26 annexation.
19-27 Sec. 376.480. AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL
20-1 AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may
20-2 make an agreement with or accept a donation, grant, or loan from
20-3 any person.
20-4 (b) The implementation of a project is a governmental
20-5 function or service for the purposes of Chapter 791, Government
20-6 Code.
20-7 (c) To protect the public interest, the district may
20-8 contract with the municipality or the county for the municipality
20-9 or county to provide law enforcement services in the district for a
20-10 fee.
20-11 SECTION 2. The legislature finds that:
20-12 (1) proper and legal notice of the intention to
20-13 introduce this Act, setting forth the general substance of this
20-14 Act, has been published as provided by law, and the notice and a
20-15 copy of this Act have been furnished to all persons, agencies,
20-16 officials, or entities to which they are required to be furnished
20-17 by the constitution and laws of this state, including the governor,
20-18 who has submitted the notice and Act to the Texas Natural Resource
20-19 Conservation Commission;
20-20 (2) the Texas Natural Resource Conservation Commission
20-21 has filed its recommendations relating to this Act with the
20-22 governor, lieutenant governor, and speaker of the house of
20-23 representatives within the required time;
20-24 (3) the general law relating to consent by political
20-25 subdivisions to the creation of districts with conservation,
20-26 reclamation, and road powers and the inclusion of land in those
20-27 districts has been complied with; and
21-1 (4) all requirements of the constitution and laws of
21-2 this state and the rules and procedures of the legislature with
21-3 respect to the notice, introduction, and passage of this Act have
21-4 been fulfilled and accomplished.
21-5 SECTION 3. Notwithstanding Section 376.459, Local Government
21-6 Code, as added by this Act:
21-7 (1) the initial board of directors of the Greater
21-8 Southeast Management District consists of:
21-9 Pos. No. Name of Director
21-10 1 Walter Strickland
21-11 2 Francis Page
21-12 3 Algenita Scott Davis
21-13 4 Ashley Smith
21-14 5 Zinetta A. Burney
21-15 6 Mark Moreno
21-16 7 Alan Bergeron
21-17 8 Barron Wallace
21-18 9 John Medina
21-19 10 Teddy McDavid
21-20 11 Robert Muhammad
21-21 12 Brian Smith
21-22 13 David Dang
21-23 14 Adele Maxie
21-24 15 Robert Dixon
21-25 16 Susan Young
21-26 17 James J. Smith
21-27 18 Richard Wainerdi
22-1 19 Ali Ashan
22-2 20 Walter Johnson
22-3 21 Jim Arnold; and
22-4 (2) of the initial board, members in positions 1-11
22-5 serve terms that expire June 1, 2005, and members in positions
22-6 12-21 serve terms that expire June 1, 2003.
22-7 SECTION 4. This Act takes effect immediately if it receives
22-8 a vote of two-thirds of all the members elected to each house, as
22-9 provided by Section 39, Article III, Texas Constitution. If this
22-10 Act does not receive the vote necessary for immediate effect, this
22-11 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3692 was passed by the House on May
5, 2001, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3692 on May 25, 2001, by the following vote: Yeas 112, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3692 was passed by the Senate, with
amendments, on May 18, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor