By Coleman H.B. No. 3692
77R12921 MXM-D
A BILL TO BE ENTITLED
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 Being 30.31 square miles (19,400 acres) more or less, out of the
2-21 Jos Gambel Abstract 309, G.P. Foster Abstract 273, Jos Christy
2-22 Abstract 212, Holman Abstract 323, H. Tierwester Abstract 75, Luke
2-23 Moore Abstract 51, J. Durkee Abstract 1013, WCRR Abstract 936, H.
2-24 Tierwester Abstract 760, Louis Gladitch Abstract 304, D.W.C. Harris
2-25 Abstract 325, Pleasant W. Rose Abstract 635, and Chaungey Goodrich
2-26 Abstract 302.
2-27 All Located in Harris County, Texas, being more particular
3-1 described by metes and bounds as follow:
3-2 BEGINNING at a point being the point of intersection of the
3-3 centerline of the right-of-way of interstate 45 and the centerline
3-4 of the intersection of HB & TRR;
3-5 THENCE, in a south westerly direction along the centerline of HB &
3-6 TRR to the intersection or Wheeler Street;
3-7 THENCE, continuing in a southeasterly direction along the
3-8 centerline of HB & TRR, and to the intersection of the T & no RR
3-9 (Greater Houston & S.A.R.R.);
3-10 THENCE, east along T & No RR to the rear lot lines of all business
3-11 facing the West Property line on South Wayside Street;
3-12 THENCE, south parallel more or less to South Wayside to the South
3-13 Loop East passing its South property line to the rear property line
3-14 of all lots fronting on the South Loop East;
3-15 THENCE, west parallel to the South Loop East more or less along the
3-16 rear lines of all property fronting on the south property line of
3-17 the South Loop East passing Myakawa Road to the West line of Martin
3-18 Luther King Street;
3-19 THENCE, along the rear property line of the lots fronting the West
3-20 R.O.W. line of Martin Luther King Street to the north line of
3-21 Browncroft Street;
3-22 THENCE west along the north line of Browncroft St. passing USA Lane
3-23 to the south continuing in a generally west direction to the west
3-24 line of Milart Street;
3-25 THENCE South along the west line of Milart Street to the southeast
3-26 corner of tract 23 of the WCRR Co. Survey A 936;
3-27 THENCE, west along the southerly property line of Tract 23 and 14B
4-1 of the WCRR Co. Survey A 936 to the east line of Schroeder Street;
4-2 THENCE northeasterly direction along the easterly line of Schoeder
4-3 Road to its intersection with the southerly line on Griggs Road;
4-4 THENCE in a northeasterly direction along the southerly line of
4-5 Griggs Road to the intersection of the rear of the rear property
4-6 line of the lot facing Grace Lane;
4-7 THENCE in a southwesterly direction along the rear property line of
4-8 the lots facing Grace lane to the intersection of the rear property
4-9 line projection of all lots fronting, more or less the north line
4-10 of Kingsbury Lane;
4-11 THENCE westerly along the rear property line projection of all lots
4-12 fronting the north line of Kingsbury Lane to the east right-of-way
4-13 line of Calhoun Road;
4-14 THENCE northeasterly along the easterly line of Calhoun Road to the
4-15 rear property line projection of the lots fronting on Griggs Road;
4-16 THENCE, west along the rear property line of all the lots fronting
4-17 on Griggs Road to the east line of Cullen Road;
4-18 THENCE, in a southerly direction along the east line of Cullen Road
4-19 to the southline projection of Dixie Street;
4-20 THENCE, in a westerly direction along the south line of Dixie
4-21 Street, crossing St. Augustine Street, to the rear line of the lot
4-22 facing St. Augustine Street;
4-23 THENCE north to the rear lot line of the lots that front on Old
4-24 Spanish Trail;
4-25 THENCE west along the rear lot line of the lots that front on Old
4-26 Spanish Trail to the rear property line of the lot that fronts on
4-27 Scottcrest Street;
5-1 THENCE north to the south right-of-way line of Old Spanish Trail;
5-2 THENCE west to the intersection of the east line of Scott Crest
5-3 Street;
5-4 THENCE in a southwesterly direction to the rear property line of
5-5 all lots that front Zephyr Street;
5-6 THENCE in a westerly direction along the rear property line of the
5-7 lots that front Zephyr Street to west right-of-way line of
5-8 LaSallette Drive;
5-9 THENCE northwesterly along the west right-of-way line of LaSalette
5-10 Drive to the intersection of the south right-of-way line of Old
5-11 Spanish Trail;
5-12 THENCE southwesterly along the south right-of-way line of Old
5-13 Spanish Trail to rear property line of the corner lot fronting on
5-14 Tierwester Street;
5-15 THENCE south along the rear property line of the corner lot
5-16 fronting on Tierwester Street to the southeast corner of this lot;
5-17 THENCE west along the south line of the corner lot fronting on
5-18 Tierwester Street to the east right-of-way line of Tiewester
5-19 Street;
5-20 THENCE southerly along the east right-of-way line of Tierwester
5-21 Street to the south property line of Zephyr Street;
5-22 THENCE west crossing Tierwester Street, where the street names
5-23 changes from Zephyr Street to Southland Avenue and along the south
5-24 line of Southland Avenue to the intersection of the south
5-25 right-of-way line of Old Spanish Trail;
5-26 THENCE in a southwesterly direction along the south line of Old
5-27 Spanish Trail to the east line of Allegheny Street;
6-1 THENCE south along the east right-of-way line of Allegheny Street
6-2 the southeast corner of the first corner lot;
6-3 THENCE east along the south line of the corner lot to the rear
6-4 property line;
6-5 THENCE south along the rear property line for one lot long to the
6-6 southeast corner of this lot fronting on the east line of
6-7 Allegeheny Street;
6-8 THENCE, west to the east property line of Alleghaney Street;
6-9 THENCE in a southwesterly direction along the east right-of-way
6-10 line of Alleghaney Street to the intersection of the north
6-11 right-of-way line of Yellowstone Street;
6-12 THENCE in a south easterly direction along the north right-of-way
6-13 line of Yellowstone Street to the east right-of-way line of
6-14 Peerless Street;
6-15 THENCE in a southerly direction along the east right-of-way line of
6-16 Peerless Street to the intersection of the south right-of-way line
6-17 of Corder Street;
6-18 THENCE, in a northwesterly direction along the southerly line of
6-19 Corder Street crossing State Highway 288 in a straight line along
6-20 the centerline of Nicholas Street to its intersection with the
6-21 westerly line of Almeda Rd.;
6-22 THENCE, in a northerly direction along Almeda Road to the
6-23 intersection of Old Spanish Trail;
6-24 THENCE, in a westerly direction along Old Spanish Trail to the
6-25 intersection of Fannin;
6-26 THENCE, along the centerline of Fannin Street in a northwesterly
6-27 direction to the intersection of Holcombe Street;
7-1 THENCE, west along the centerline of Holcombe Street to the
7-2 intersection of South Main Street;
7-3 THENCE, in a northeasterly direction along the centerline of South
7-4 Main to Palm Street, and to the intersection with the boundaries of
7-5 the Midtown TIRZ and Management District;
7-6 THENCE, southeasterly with the Southerly R.O.W. of Palm Street to
7-7 the easterly R.O.W. line of Fannin Street;
7-8 THENCE, northeasterly, with the Easterly R.O.W. line of Fannin
7-9 Street to the northerly R.O.W. line of US 59 South;
7-10 THENCE, in an easterly, direction with curve to the left and in a
7-11 northerly direction along the northerly R.O.W. line of US 59 South,
7-12 to the intersection of the westerly R.O.W. line of State Highway
7-13 288 which is also being US 59 North and crossing Interstate Highway
7-14 45 (Gulf Freeway) to the Northerly R.O.W. line thereof; said point
7-15 also being the Northwest boundary corner of the Midtown TIRZ &
7-16 Management District;
7-17 THENCE, southeasterly direction along the north right-of-way line
7-18 of Interstate Highway 45 and to the POINT OF BEGINNING, containing
7-19 19,400 acres more or less, SAVE AND EXCEPT all tracts or parcels of
7-20 land, rights-of-way, facilities, and improvements owned by an
7-21 electric utility or a power generation company as defined by
7-22 Section 31.002, Utilities Code, or a gas utility as defined by
7-23 Sections 101.003 and 121.001, Utilities Code.
7-24 Sec. 376.455. FINDINGS RELATING TO BOUNDARIES. The
7-25 boundaries and field notes of the district form a closure. If a
7-26 mistake is made in the field notes or in copying the field notes in
7-27 the legislative process, the mistake does not in any way affect
8-1 the:
8-2 (1) organization, existence, and validity of the
8-3 district;
8-4 (2) right of the district to issue any type of bonds
8-5 or refunding bonds for the purposes for which the district is
8-6 created or to pay the principal of and interest on the bonds;
8-7 (3) right of the district to impose and collect
8-8 assessments or taxes; or
8-9 (4) legality or operation of the district or its
8-10 governing body.
8-11 Sec. 376.456. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8-12 All the land and other property included in the district will be
8-13 benefited by the improvements and services to be provided by the
8-14 district under powers conferred by Section 52, Article III, Section
8-15 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
8-16 and other powers granted under this subchapter, and the district is
8-17 created to serve a public use and benefit.
8-18 (b) The creation of the district is in the public interest
8-19 and is essential to:
8-20 (1) further the public purposes of the development and
8-21 diversification of the economy of the state; and
8-22 (2) eliminate unemployment and underemployment and
8-23 develop or expand transportation and commerce.
8-24 (c) The district will:
8-25 (1) promote the health, safety, and general welfare of
8-26 residents, employers, employees, visitors, consumers in the
8-27 district, and the general public;
9-1 (2) provide money to preserve, maintain, and enhance
9-2 the economic health and vitality of the district as a community and
9-3 business center; and
9-4 (3) further promote the health, safety, welfare, and
9-5 enjoyment of the public by providing pedestrian ways and by
9-6 landscaping and developing certain areas in the district, which are
9-7 necessary for the restoration, preservation, and enhancement of
9-8 scenic and aesthetic beauty.
9-9 (d) Pedestrian ways along or across a street, whether at
9-10 grade or above or below the surface, and street lighting, street
9-11 landscaping, and street art objects are parts of and necessary
9-12 components of a street and are considered to be a street or road
9-13 improvement.
9-14 (e) The district will not act as the agent or
9-15 instrumentality of any private interest even though many private
9-16 interests will be benefited by the district, as will the general
9-17 public.
9-18 Sec. 376.457. APPLICATION OF OTHER LAW. Except as otherwise
9-19 provided by this subchapter, Chapter 375 applies to the district
9-20 and its governing body and employees.
9-21 Sec. 376.458. CONSTRUCTION OF SUBCHAPTER. This subchapter
9-22 shall be liberally construed in conformity with the findings and
9-23 purposes stated in this subchapter.
9-24 Sec. 376.459. BOARD OF DIRECTORS IN GENERAL. (a) The
9-25 district is governed by a board of 17 directors who serve staggered
9-26 terms of four years, with nine members' terms expiring June 1 of an
9-27 odd-numbered year and eight members' terms expiring June 1 of the
10-1 following odd-numbered year. The board may increase or decrease
10-2 the number of directors on the board by resolution, provided that
10-3 it is in the best interest of the district to do so and that the
10-4 board consists of not fewer than 9 and not more than 30 directors.
10-5 (b) Subchapter D, Chapter 375, applies to the board to the
10-6 extent that subchapter does not conflict with this subchapter. The
10-7 imposition of a tax, assessment, or impact fee requires a vote of a
10-8 majority of the directors serving. Directors may vote on any
10-9 matter authorized by Subchapter D, Chapter 375, and action may be
10-10 taken by the board only if it is approved in the manner prescribed
10-11 by Subchapter D, Chapter 375.
10-12 Sec. 376.460. APPOINTMENT OF DIRECTORS; VACANCY. The mayor
10-13 and members of the governing body of the municipality shall appoint
10-14 directors from persons recommended by the board who meet the
10-15 qualifications of Subchapter D, Chapter 375. A vacancy in the
10-16 office of director because of the death, resignation, or removal of
10-17 a director shall be filled by the remaining members of the board by
10-18 appointing a qualified person for the unexpired term.
10-19 Sec. 376.461. POWERS OF DISTRICT. The district has:
10-20 (1) all powers necessary or required to accomplish the
10-21 purposes for which the district was created;
10-22 (2) the rights, powers, privileges, authority, and
10-23 functions of a district created under Chapter 375;
10-24 (3) the powers given to a corporation under Section
10-25 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
10-26 Texas Civil Statutes), and the power to own, operate, acquire,
10-27 construct, lease, improve, and maintain projects;
11-1 (4) the power to impose ad valorem taxes, assessments,
11-2 or impact fees in accordance with Chapter 375 to provide
11-3 improvements and services for a project or activity the district is
11-4 authorized to acquire, construct, improve, or provide under this
11-5 subchapter;
11-6 (5) the power to correct, add to, or delete
11-7 assessments from its assessment rolls after notice and hearing as
11-8 provided by Subchapter F, Chapter 375; and
11-9 (6) the powers given to a housing finance corporation
11-10 created under Chapter 394 to provide housing or residential
11-11 development projects in the district.
11-12 Sec. 376.462. EMINENT DOMAIN. The district may not exercise
11-13 the power of eminent domain.
11-14 Sec. 376.463. EX OFFICIO BOARD MEMBERS. (a) The following
11-15 persons shall serve as nonvoting ex officio directors:
11-16 (1) the director of the following departments of the
11-17 municipality:
11-18 (A) parks and recreation;
11-19 (B) planning and development;
11-20 (C) public works; and
11-21 (D) civic center;
11-22 (2) the municipality's chief of police;
11-23 (3) the general manager of the Metropolitan Transit
11-24 Authority; and
11-25 (4) the presidents of any institutions of higher
11-26 learning located in the district.
11-27 (b) If a department described by Subsection (a) is
12-1 consolidated, renamed, or changed, the board may appoint a director
12-2 of the consolidated, renamed, or changed department as a nonvoting
12-3 ex officio board member. If a department described by Subsection
12-4 (a) is abolished, the board may appoint a representative of another
12-5 department of the municipality that performs duties comparable to
12-6 those performed by the abolished department.
12-7 (c) The board may appoint the presiding officer of a
12-8 nonprofit corporation that is actively involved in activities in
12-9 the municipality's midtown area to serve as a nonvoting ex officio
12-10 director.
12-11 Sec. 376.464. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
12-12 (a) Except as provided in this section:
12-13 (1) a director may participate in all board votes and
12-14 decisions; and
12-15 (2) Chapter 171 governs conflicts of interest for
12-16 board members.
12-17 (b) Section 171.004 does not apply to the district. A
12-18 director who has a substantial interest in a business or charitable
12-19 entity that will receive a pecuniary benefit from a board action
12-20 shall file a one-time affidavit declaring the interest. An
12-21 additional affidavit is not required if the director's interest
12-22 changes. After the affidavit is filed with the board secretary,
12-23 the director may participate in a discussion or vote on that action
12-24 if:
12-25 (1) a majority of the directors have a similar
12-26 interest in the same entity; or
12-27 (2) all other similar business or charitable entities
13-1 in the district will receive a similar pecuniary benefit.
13-2 (c) A director who is also an officer or employee of a
13-3 public entity may not participate in the discussion of or vote on a
13-4 matter regarding a contract with that same public entity.
13-5 (d) For purposes of this section, a director has a
13-6 substantial interest in a charitable entity in the same manner that
13-7 a person would have a substantial interest in a business entity
13-8 under Section 171.002.
13-9 Sec. 376.465. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
13-10 AFFECTING PROPERTY. (a) If the district, in exercising a power
13-11 conferred by this subchapter, requires a relocation, adjustment,
13-12 raising, lowering, rerouting, or changing of the grade or the
13-13 construction of any of the following items, the district must take
13-14 that required action at the sole expense of the district:
13-15 (1) a street, alley, highway, overpass, underpass,
13-16 road, railroad track, bridge, facility, or other property;
13-17 (2) an electric line, conduit, facility, or other
13-18 property;
13-19 (3) a telephone or telegraph line, conduit, facility,
13-20 or other property;
13-21 (4) a gas transmission or distribution pipe, pipeline,
13-22 main, facility, or other property;
13-23 (5) a water, sanitary sewer, or storm sewer pipe,
13-24 pipeline, main, facility, or other property;
13-25 (6) a cable television line, cable, conduit, facility,
13-26 or other property; or
13-27 (7) another pipeline, facility, or other property
14-1 relating to the pipeline.
14-2 (b) The district shall bear damages that are suffered by
14-3 owners of the facility or other property.
14-4 Sec. 376.466. RELATION TO OTHER LAW. If any provision of
14-5 general law, including a law referenced in this subchapter, is in
14-6 conflict with or is inconsistent with this subchapter, this
14-7 subchapter prevails. Any law referenced in this subchapter that is
14-8 not in conflict or inconsistent with this subchapter is adopted and
14-9 incorporated by reference.
14-10 Sec. 376.467. REQUIREMENTS FOR FINANCING SERVICES AND
14-11 IMPROVEMENTS. The board may not finance services and improvement
14-12 projects under this subchapter unless a written petition requesting
14-13 those improvements or services has been filed with the board. The
14-14 petition must be signed by:
14-15 (1) the owners of a majority of the assessed value of
14-16 real property in the district as determined by the most recent
14-17 certified county property tax rolls; or
14-18 (2) at least 50 persons who own land in the district,
14-19 if there are more than 50 persons who own property in the district
14-20 as determined by the most recent certified county property tax
14-21 rolls.
14-22 Sec. 376.468. NONPROFIT CORPORATION. (a) The board by
14-23 resolution may authorize the creation of a nonprofit corporation to
14-24 assist and act on behalf of the district in implementing a project
14-25 or providing a service authorized by this subchapter.
14-26 (b) The board shall appoint the board of directors of a
14-27 nonprofit corporation created under this section. The board of
15-1 directors of the nonprofit corporation shall serve in the same
15-2 manner as, for the same term as, and on the conditions of the board
15-3 of directors of a local government corporation created under
15-4 Chapter 431, Transportation Code.
15-5 (c) A nonprofit corporation created under this section has
15-6 the powers of and is considered for purposes of this subchapter to
15-7 be a local government corporation created under Chapter 431,
15-8 Transportation Code.
15-9 (d) A nonprofit corporation created under this section may
15-10 implement any project and provide any services authorized by this
15-11 subchapter.
15-12 Sec. 376.469. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
15-13 board by resolution shall establish the number of directors'
15-14 signatures and the procedure required for a disbursement or
15-15 transfer of the district's money.
15-16 Sec. 376.470. BONDS. (a) The district may issue bonds or
15-17 other obligations payable in whole or in part from ad valorem
15-18 taxes, assessments, impact fees, revenues, grants, or other money
15-19 of the district, or any combination of those sources of money, to
15-20 pay for any authorized purpose of the district.
15-21 (b) Bonds or other obligations of the district may be issued
15-22 in the form of bonds, notes, certificates of participation,
15-23 including other instruments evidencing a proportionate interest in
15-24 payments to be made by the district, or other obligations that are
15-25 issued in the exercise of the district's borrowing power and may be
15-26 issued in bearer or registered form or not represented by an
15-27 instrument but the transfer of which is registered on books
16-1 maintained by or on behalf of the district. The board may impose
16-2 and collect an assessment under Subchapter F, Chapter 375, for any
16-3 purpose authorized by this subchapter or by Chapter 375.
16-4 (c) Except as provided by Subsection (d), the district must
16-5 obtain the municipality's approval of:
16-6 (1) the issuance of bonds for an improvement project;
16-7 (2) the plans and specifications of the improvement
16-8 project to be financed by the bonds; and
16-9 (3) the plans and specifications of a district
16-10 improvement project related to:
16-11 (A) the use of land owned by the municipality;
16-12 (B) an easement granted by the municipality; or
16-13 (C) a right-of-way of a street, road, or
16-14 highway.
16-15 (d) If the district obtains the municipality's approval of a
16-16 capital improvements budget for a specified period not to exceed
16-17 five years, the district may finance the capital improvements and
16-18 issue bonds specified in the budget without further municipal
16-19 approval.
16-20 (e) Before the district issues bonds, the district shall
16-21 submit the bonds and the record of proceedings of the district
16-22 relating to authorization of the bonds to the attorney general for
16-23 approval as provided by Chapter 1202, Government Code.
16-24 Sec. 376.471. ASSESSMENTS. (a) The board may impose and
16-25 collect an assessment for any purpose authorized by this
16-26 subchapter.
16-27 (b) Assessments, reassessments, or assessments resulting
17-1 from an addition to or correction of the assessment roll by the
17-2 district, penalties and interest on an assessment or reassessment,
17-3 expenses of collection, and reasonable attorney's fees incurred by
17-4 the district:
17-5 (1) are a first and prior lien against the property
17-6 assessed;
17-7 (2) are superior to any other lien or claim other than
17-8 a lien or claim for county, school district, or municipal ad
17-9 valorem taxes; and
17-10 (3) are the personal liability of and charge against
17-11 the owners of the property even if the owners are not named in the
17-12 assessment proceedings.
17-13 (c) The lien is effective from the date of the resolution of
17-14 the board levying the assessment until the assessment is paid. The
17-15 board may enforce the lien in the same manner that the board may
17-16 enforce an ad valorem tax lien against real property.
17-17 Sec. 376.472. PROPERTY EXEMPTED FROM TAX, FEE, OR
17-18 ASSESSMENT. (a) The district may not impose a tax, impact fee, or
17-19 assessment on a residential property or condominium.
17-20 (b) The district may not impose an impact fee or assessment
17-21 on the property, equipment, or facilities of a utility. In this
17-22 subsection, "utility" means a person that provides to the public
17-23 cable television, gas, light, power, telephone, sewerage, or water
17-24 service.
17-25 Sec. 376.473. ELECTIONS. (a) In addition to the elections
17-26 the district must hold under Subchapter L, Chapter 375, the
17-27 district shall hold an election in the manner provided by that
18-1 subchapter to obtain voter approval before the district imposes a
18-2 maintenance tax or issues bonds payable from ad valorem taxes or
18-3 assessments.
18-4 (b) The board may submit multiple purposes in a single
18-5 proposition at an election.
18-6 Sec. 376.474. IMPACT FEES. The district may impose an
18-7 impact fee for an authorized purpose as provided by Subchapter G,
18-8 Chapter 375.
18-9 Sec. 376.475. MAINTENANCE TAX. (a) If authorized at an
18-10 election held in accordance with Section 376.473, the district may
18-11 impose and collect an annual ad valorem tax on taxable property in
18-12 the district for the maintenance and operation of the district and
18-13 the improvements constructed or acquired by the district or for the
18-14 provision of services.
18-15 (b) The board shall determine the tax rate.
18-16 Sec. 376.476. DISSOLUTION OF DISTRICT. The district may be
18-17 dissolved as provided by Subchapter M, Chapter 375. If the
18-18 district has debt and is dissolved, the district shall remain in
18-19 existence solely for the limited purpose of discharging its bonds
18-20 or other obligations according to their terms.
18-21 Sec. 376.477. CONTRACTS. (a) To protect the public
18-22 interest, the district may contract with the municipality or the
18-23 county for the municipality or county to provide law enforcement
18-24 services in the district for a fee.
18-25 (b) The municipality, the county, or another political
18-26 subdivision of the state, without further authorization, may
18-27 contract with the district to implement a project of the district
19-1 or assist the district in providing the services authorized under
19-2 this subchapter. A contract under this subsection may:
19-3 (1) be for a period on which the parties agree;
19-4 (2) include terms on which the parties agree;
19-5 (3) be payable from taxes or any other sources of
19-6 revenue that may be available for that purpose; or
19-7 (4) provide that taxes or other revenue collected at a
19-8 district project or from a person using or purchasing a commodity
19-9 or service at a district project may be paid or rebated to the
19-10 district under the terms of the contract.
19-11 (c) The district may enter into a contract, lease, or other
19-12 agreement with or make or accept grants and loans to or from:
19-13 (1) the United States;
19-14 (2) the state or a state agency;
19-15 (3) a county, a municipality, or another political
19-16 subdivision of the state;
19-17 (4) a public or private corporation, including a
19-18 nonprofit corporation created by the board under this subchapter;
19-19 or
19-20 (5) any other person.
19-21 (d) The district may perform all acts necessary for the full
19-22 exercise of the powers vested in the district on terms and for the
19-23 period the board determines advisable.
19-24 Sec. 376.478. COMPETITIVE BIDDING UNIT. Section 375.221
19-25 does not apply to the district unless the contract is for more than
19-26 $25,000.
19-27 Sec. 376.479. ANNEXATION. The district may:
20-1 (1) annex territory as provided by Subchapter C,
20-2 Chapter 375; and
20-3 (2) annex territory located inside the boundaries of a
20-4 reinvestment zone created by the municipality under Chapter 311,
20-5 Tax Code, if the governing body of the municipality consents to the
20-6 annexation.
20-7 Sec. 376.480. AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL
20-8 AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may
20-9 make an agreement with or accept a donation, grant, or loan from
20-10 any person.
20-11 (b) The implementation of a project is a governmental
20-12 function or service for the purposes of Chapter 791, Government
20-13 Code.
20-14 (c) To protect the public interest, the district may
20-15 contract with the municipality or the county for the municipality
20-16 or county to provide law enforcement services in the district for a
20-17 fee.
20-18 SECTION 2. The legislature finds that:
20-19 (1) proper and legal notice of the intention to
20-20 introduce this Act, setting forth the general substance of this
20-21 Act, has been published as provided by law, and the notice and a
20-22 copy of this Act have been furnished to all persons, agencies,
20-23 officials, or entities to which they are required to be furnished
20-24 by the constitution and laws of this state, including the governor,
20-25 who has submitted the notice and Act to the Texas Natural Resource
20-26 Conservation Commission;
20-27 (2) the Texas Natural Resource Conservation Commission
21-1 has filed its recommendations relating to this Act with the
21-2 governor, lieutenant governor, and speaker of the house of
21-3 representatives within the required time;
21-4 (3) the general law relating to consent by political
21-5 subdivisions to the creation of districts with conservation,
21-6 reclamation, and road powers and the inclusion of land in those
21-7 districts has been complied with; and
21-8 (4) all requirements of the constitution and laws of
21-9 this state and the rules and procedures of the legislature with
21-10 respect to the notice, introduction, and passage of this Act have
21-11 been fulfilled and accomplished.
21-12 SECTION 3. Notwithstanding Section 376.459, Local Government
21-13 Code, as added by this Act:
21-14 (1) the initial board of directors of the Greater
21-15 Southeast Management District consists of:
21-16 Pos. No. Name of Director
21-17 1 __________________
21-18 2 __________________
21-19 3 __________________
21-20 4 __________________
21-21 5 __________________
21-22 6 __________________
21-23 7 __________________
21-24 8 __________________
21-25 9 __________________
21-26 10 __________________
21-27 11 __________________
22-1 12 __________________
22-2 13 __________________
22-3 14 __________________
22-4 15 __________________
22-5 16 __________________
22-6 17 __________________; and
22-7 (2) of the initial board, members in positions 1-9
22-8 serve terms that expire June 1, 2005, and members in positions
22-9 10-17 serve terms that expire June 1, 2003.
22-10 SECTION 4. This Act takes effect immediately if it receives
22-11 a vote of two-thirds of all the members elected to each house, as
22-12 provided by Section 39, Article III, Texas Constitution. If this
22-13 Act does not receive the vote necessary for immediate effect, this
22-14 Act takes effect September 1, 2001.