1-1 By: Coleman (Senate Sponsor - Ellis) H.B. No. 3692 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 11, 2001, reported favorably by 1-5 the following vote: Yeas 4, Nays 0; May 11, 2001, sent to 1-6 printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the creation of the Greater Southeast Management 1-10 District; providing authority to impose a tax and issue bonds. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 376, Local Government Code, is amended by 1-13 adding Subchapter K to read as follows: 1-14 SUBCHAPTER K. GREATER SOUTHEAST MANAGEMENT DISTRICT 1-15 Sec. 376.451. CREATION OF DISTRICT. (a) A special district 1-16 to be known as the "Greater Southeast Management District" exists 1-17 as a political subdivision of the state. 1-18 (b) The name of the district may be changed by resolution of 1-19 the board. 1-20 (c) The creation of the district is essential to accomplish 1-21 the purposes of Section 52, Article III, Section 59, Article XVI, 1-22 and Section 52-a, Article III, Texas Constitution, and other public 1-23 purposes stated in this subchapter. 1-24 Sec. 376.452. DECLARATION OF INTENT. (a) The creation of 1-25 the district is necessary to promote, develop, encourage, and 1-26 maintain employment, commerce, transportation, housing, tourism, 1-27 recreation, arts, entertainment, economic development, safety, and 1-28 the public welfare in the southeast area of the city of Houston. 1-29 (b) The creation of the district and this legislation are 1-30 not to be interpreted to relieve the county or the municipality 1-31 from providing the level of services, as of the effective date of 1-32 this subchapter, to the area in the district or to release the 1-33 county or the municipality from the obligations each entity has to 1-34 provide services to that area. The district is created to 1-35 supplement and not supplant the municipal or county services 1-36 provided in the area in the district. 1-37 (c) By creating the district and in authorizing the 1-38 municipality, county, and other political subdivisions to contract 1-39 with the district, the legislature has established a program to 1-40 accomplish the public purposes set out in Section 52-a, Article 1-41 III, Texas Constitution. 1-42 Sec. 376.453. DEFINITIONS. In this subchapter: 1-43 (1) "Board" means the board of directors of the 1-44 district. 1-45 (2) "County" means Harris County, Texas. 1-46 (3) "District" means the Greater Southeast Management 1-47 District. 1-48 (4) "Municipality" means the City of Houston, Texas. 1-49 Sec. 376.454. BOUNDARIES. The district includes all the 1-50 territory contained in the following described area: 1-51 Being 30.31 square miles (19,400 acres) more or less, out of the 1-52 Jos Gambel Abstract 309, G.P. Foster Abstract 273, Jos Christy 1-53 Abstract 212, Holman Abstract 323, H. Tierwester Abstract 75, Luke 1-54 Moore Abstract 51, J. Durkee Abstract 1013, WCRR Abstract 936, H. 1-55 Tierwester Abstract 760, Louis Gladitch Abstract 304, D.W.C. Harris 1-56 Abstract 325, Pleasant W. Rose Abstract 635, and Chaungey Goodrich 1-57 Abstract 302. 1-58 All Located in Harris County, Texas, being more particular 1-59 described by metes and bounds as follow: 1-60 BEGINNING at a point being the point of intersection of the 1-61 centerline of the right-of-way of interstate 45 and the centerline 1-62 of the intersection of HB & TRR; 1-63 THENCE, in a south westerly direction along the centerline of HB & 1-64 TRR to the intersection or Wheeler Street; 2-1 THENCE, continuing in a southeasterly direction along the 2-2 centerline of HB & TRR, and to the intersection of the T & no RR 2-3 (Greater Houston & S.A.R.R.); 2-4 THENCE, east along T & No RR to the rear lot lines of all business 2-5 facing the West Property line on South Wayside Street; 2-6 THENCE, south parallel more or less to South Wayside to the South 2-7 Loop East passing its South property line to the rear property line 2-8 of all lots fronting on the South Loop East; 2-9 THENCE, west parallel to the South Loop East more or less along the 2-10 rear lines of all property fronting on the south property line of 2-11 the South Loop East passing Myakawa Road to the West line of Martin 2-12 Luther King Street; 2-13 THENCE, along the rear property line of the lots fronting the West 2-14 R.O.W. line of Martin Luther King Street to the north line of 2-15 Browncroft Street; 2-16 THENCE west along the north line of Browncroft St. passing USA Lane 2-17 to the south continuing in a generally west direction to the west 2-18 line of Milart Street; 2-19 THENCE South along the west line of Milart Street to the southeast 2-20 corner of tract 23 of the WCRR Co. Survey A 936; 2-21 THENCE, west along the southerly property line of Tract 23 and 14B 2-22 of the WCRR Co. Survey A 936 to the east line of Schroeder Street; 2-23 THENCE northeasterly direction along the easterly line of Schoeder 2-24 Road to its intersection with the southerly line on Griggs Road; 2-25 THENCE in a northeasterly direction along the southerly line of 2-26 Griggs Road to the intersection of the rear of the rear property 2-27 line of the lot facing Grace Lane; 2-28 THENCE in a southwesterly direction along the rear property line of 2-29 the lots facing Grace lane to the intersection of the rear property 2-30 line projection of all lots fronting, more or less the north line 2-31 of Kingsbury Lane; 2-32 THENCE westerly along the rear property line projection of all lots 2-33 fronting the north line of Kingsbury Lane to the east right-of-way 2-34 line of Calhoun Road; 2-35 THENCE northeasterly along the easterly line of Calhoun Road to the 2-36 rear property line projection of the lots fronting on Griggs Road; 2-37 THENCE, west along the rear property line of all the lots fronting 2-38 on Griggs Road to the east line of Cullen Road; 2-39 THENCE, in a southerly direction along the east line of Cullen Road 2-40 to the southline projection of Dixie Street; 2-41 THENCE, in a westerly direction along the south line of Dixie 2-42 Street, crossing St. Augustine Street, to the rear line of the lot 2-43 facing St. Augustine Street; 2-44 THENCE north to the rear lot line of the lots that front on Old 2-45 Spanish Trail; 2-46 THENCE west along the rear lot line of the lots that front on Old 2-47 Spanish Trail to the rear property line of the lot that fronts on 2-48 Scottcrest Street; 2-49 THENCE north to the south right-of-way line of Old Spanish Trail; 2-50 THENCE west to the intersection of the east line of Scott Crest 2-51 Street; 2-52 THENCE in a southwesterly direction to the rear property line of 2-53 all lots that front Zephyr Street; 2-54 THENCE in a westerly direction along the rear property line of the 2-55 lots that front Zephyr Street to west right-of-way line of 2-56 LaSallette Drive; 2-57 THENCE northwesterly along the west right-of-way line of LaSalette 2-58 Drive to the intersection of the south right-of-way line of Old 2-59 Spanish Trail; 2-60 THENCE southwesterly along the south right-of-way line of Old 2-61 Spanish Trail to rear property line of the corner lot fronting on 2-62 Tierwester Street; 2-63 THENCE south along the rear property line of the corner lot 2-64 fronting on Tierwester Street to the southeast corner of this lot; 2-65 THENCE west along the south line of the corner lot fronting on 2-66 Tierwester Street to the east right-of-way line of Tiewester 2-67 Street; 2-68 THENCE southerly along the east right-of-way line of Tierwester 2-69 Street to the south property line of Zephyr Street; 3-1 THENCE west crossing Tierwester Street, where the street names 3-2 changes from Zephyr Street to Southland Avenue and along the south 3-3 line of Southland Avenue to the intersection of the south 3-4 right-of-way line of Old Spanish Trail; 3-5 THENCE in a southwesterly direction along the south line of Old 3-6 Spanish Trail to the east line of Allegheny Street; 3-7 THENCE south along the east right-of-way line of Allegheny Street 3-8 the southeast corner of the first corner lot; 3-9 THENCE east along the south line of the corner lot to the rear 3-10 property line; 3-11 THENCE south along the rear property line for one lot long to the 3-12 southeast corner of this lot fronting on the east line of 3-13 Allegeheny Street; 3-14 THENCE, west to the east property line of Alleghaney Street; 3-15 THENCE in a southwesterly direction along the east right-of-way 3-16 line of Alleghaney Street to the intersection of the north 3-17 right-of-way line of Yellowstone Street; 3-18 THENCE in a south easterly direction along the north right-of-way 3-19 line of Yellowstone Street to the east right-of-way line of 3-20 Peerless Street; 3-21 THENCE in a southerly direction along the east right-of-way line of 3-22 Peerless Street to the intersection of the south right-of-way line 3-23 of Corder Street; 3-24 THENCE, in a northwesterly direction along the southerly line of 3-25 Corder Street crossing State Highway 288 in a straight line along 3-26 the centerline of Nicholas Street to its intersection with the 3-27 westerly line of Almeda Rd.; 3-28 THENCE, in a northerly direction along Almeda Road to the 3-29 intersection of Old Spanish Trail; 3-30 THENCE, in a westerly direction along Old Spanish Trail to the 3-31 intersection of Fannin; 3-32 THENCE, along the centerline of Fannin Street in a northwesterly 3-33 direction to the intersection of Holcombe Street; 3-34 THENCE, west along the centerline of Holcombe Street to the 3-35 intersection of South Main Street; 3-36 THENCE, in a northeasterly direction along the centerline of South 3-37 Main to Palm Street, and to the intersection with the boundaries of 3-38 the Midtown TIRZ and Management District; 3-39 THENCE, southeasterly with the Southerly R.O.W. of Palm Street to 3-40 the easterly R.O.W. line of Fannin Street; 3-41 THENCE, northeasterly, with the Easterly R.O.W. line of Fannin 3-42 Street to the northerly R.O.W. line of US 59 South; 3-43 THENCE, in an easterly, direction with curve to the left and in a 3-44 northerly direction along the northerly R.O.W. line of US 59 South, 3-45 to the intersection of the westerly R.O.W. line of State Highway 3-46 288 which is also being US 59 North and crossing Interstate Highway 3-47 45 (Gulf Freeway) to the Northerly R.O.W. line thereof; said point 3-48 also being the Northwest boundary corner of the Midtown TIRZ & 3-49 Management District; 3-50 THENCE, southeasterly direction along the north right-of-way line 3-51 of Interstate Highway 45 and to the POINT OF BEGINNING, containing 3-52 19,400 acres more or less, SAVE AND EXCEPT all tracts or parcels of 3-53 land, rights-of-way, facilities, and improvements owned by an 3-54 electric utility or a power generation company as defined by 3-55 Section 31.002, Utilities Code, or a gas utility as defined by 3-56 Sections 101.003 and 121.001, Utilities Code. 3-57 Sec. 376.455. FINDINGS RELATING TO BOUNDARIES. The 3-58 boundaries and field notes of the district form a closure. If a 3-59 mistake is made in the field notes or in copying the field notes in 3-60 the legislative process, the mistake does not in any way affect 3-61 the: 3-62 (1) organization, existence, and validity of the 3-63 district; 3-64 (2) right of the district to issue any type of bonds 3-65 or refunding bonds for the purposes for which the district is 3-66 created or to pay the principal of and interest on the bonds; 3-67 (3) right of the district to impose and collect 3-68 assessments or taxes; or 3-69 (4) legality or operation of the district or its 4-1 governing body. 4-2 Sec. 376.456. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) 4-3 All the land and other property included in the district will be 4-4 benefited by the improvements and services to be provided by the 4-5 district under powers conferred by Section 52, Article III, Section 4-6 59, Article XVI, and Section 52-a, Article III, Texas Constitution, 4-7 and other powers granted under this subchapter, and the district is 4-8 created to serve a public use and benefit. 4-9 (b) The creation of the district is in the public interest 4-10 and is essential to: 4-11 (1) further the public purposes of the development and 4-12 diversification of the economy of the state; and 4-13 (2) eliminate unemployment and underemployment and 4-14 develop or expand transportation and commerce. 4-15 (c) The district will: 4-16 (1) promote the health, safety, and general welfare of 4-17 residents, employers, employees, visitors, consumers in the 4-18 district, and the general public; 4-19 (2) provide money to preserve, maintain, and enhance 4-20 the economic health and vitality of the district as a community and 4-21 business center; and 4-22 (3) further promote the health, safety, welfare, and 4-23 enjoyment of the public by providing pedestrian ways and by 4-24 landscaping and developing certain areas in the district, which are 4-25 necessary for the restoration, preservation, and enhancement of 4-26 scenic and aesthetic beauty. 4-27 (d) Pedestrian ways along or across a street, whether at 4-28 grade or above or below the surface, and street lighting, street 4-29 landscaping, and street art objects are parts of and necessary 4-30 components of a street and are considered to be a street or road 4-31 improvement. 4-32 (e) The district will not act as the agent or 4-33 instrumentality of any private interest even though many private 4-34 interests will be benefited by the district, as will the general 4-35 public. 4-36 Sec. 376.457. APPLICATION OF OTHER LAW. Except as otherwise 4-37 provided by this subchapter, Chapter 375 applies to the district 4-38 and its governing body and employees. 4-39 Sec. 376.458. CONSTRUCTION OF SUBCHAPTER. This subchapter 4-40 shall be liberally construed in conformity with the findings and 4-41 purposes stated in this subchapter. 4-42 Sec. 376.459. BOARD OF DIRECTORS IN GENERAL. (a) The 4-43 district is governed by a board of 17 directors who serve staggered 4-44 terms of four years, with nine members' terms expiring June 1 of an 4-45 odd-numbered year and eight members' terms expiring June 1 of the 4-46 following odd-numbered year. The board may increase or decrease 4-47 the number of directors on the board by resolution, provided that 4-48 it is in the best interest of the district to do so and that the 4-49 board consists of not fewer than 9 and not more than 30 directors. 4-50 (b) Subchapter D, Chapter 375, applies to the board to the 4-51 extent that subchapter does not conflict with this subchapter. The 4-52 imposition of a tax, assessment, or impact fee requires a vote of a 4-53 majority of the directors serving. Directors may vote on any 4-54 matter authorized by Subchapter D, Chapter 375, and action may be 4-55 taken by the board only if it is approved in the manner prescribed 4-56 by Subchapter D, Chapter 375. 4-57 Sec. 376.460. APPOINTMENT OF DIRECTORS; VACANCY. The mayor 4-58 and members of the governing body of the municipality shall appoint 4-59 directors from persons recommended by the board who meet the 4-60 qualifications of Subchapter D, Chapter 375. A vacancy in the 4-61 office of director because of the death, resignation, or removal of 4-62 a director shall be filled by the remaining members of the board by 4-63 appointing a qualified person for the unexpired term. 4-64 Sec. 376.461. POWERS OF DISTRICT. The district has: 4-65 (1) all powers necessary or required to accomplish the 4-66 purposes for which the district was created; 4-67 (2) the rights, powers, privileges, authority, and 4-68 functions of a district created under Chapter 375; 4-69 (3) the powers given to a corporation under Section 5-1 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's 5-2 Texas Civil Statutes), and the power to own, operate, acquire, 5-3 construct, lease, improve, and maintain projects; 5-4 (4) the power to impose ad valorem taxes, assessments, 5-5 or impact fees in accordance with Chapter 375 to provide 5-6 improvements and services for a project or activity the district is 5-7 authorized to acquire, construct, improve, or provide under this 5-8 subchapter; 5-9 (5) the power to correct, add to, or delete 5-10 assessments from its assessment rolls after notice and hearing as 5-11 provided by Subchapter F, Chapter 375; and 5-12 (6) the powers given to a housing finance corporation 5-13 created under Chapter 394 to provide housing or residential 5-14 development projects in the district. 5-15 Sec. 376.462. EMINENT DOMAIN. The district may not exercise 5-16 the power of eminent domain. 5-17 Sec. 376.463. EX OFFICIO BOARD MEMBERS. (a) The following 5-18 persons shall serve as nonvoting ex officio directors: 5-19 (1) the director of the following departments of the 5-20 municipality: 5-21 (A) parks and recreation; 5-22 (B) planning and development; 5-23 (C) public works; and 5-24 (D) civic center; 5-25 (2) the municipality's chief of police; 5-26 (3) the general manager of the Metropolitan Transit 5-27 Authority; and 5-28 (4) the presidents of any institutions of higher 5-29 learning located in the district. 5-30 (b) If a department described by Subsection (a) is 5-31 consolidated, renamed, or changed, the board may appoint a director 5-32 of the consolidated, renamed, or changed department as a nonvoting 5-33 ex officio board member. If a department described by Subsection 5-34 (a) is abolished, the board may appoint a representative of another 5-35 department of the municipality that performs duties comparable to 5-36 those performed by the abolished department. 5-37 (c) The board may appoint the presiding officer of a 5-38 nonprofit corporation that is actively involved in activities in 5-39 the municipality's midtown area to serve as a nonvoting ex officio 5-40 director. 5-41 Sec. 376.464. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. 5-42 (a) Except as provided in this section: 5-43 (1) a director may participate in all board votes and 5-44 decisions; and 5-45 (2) Chapter 171 governs conflicts of interest for 5-46 board members. 5-47 (b) Section 171.004 does not apply to the district. A 5-48 director who has a substantial interest in a business or charitable 5-49 entity that will receive a pecuniary benefit from a board action 5-50 shall file a one-time affidavit declaring the interest. An 5-51 additional affidavit is not required if the director's interest 5-52 changes. After the affidavit is filed with the board secretary, 5-53 the director may participate in a discussion or vote on that action 5-54 if: 5-55 (1) a majority of the directors have a similar 5-56 interest in the same entity; or 5-57 (2) all other similar business or charitable entities 5-58 in the district will receive a similar pecuniary benefit. 5-59 (c) A director who is also an officer or employee of a 5-60 public entity may not participate in the discussion of or vote on a 5-61 matter regarding a contract with that same public entity. 5-62 (d) For purposes of this section, a director has a 5-63 substantial interest in a charitable entity in the same manner that 5-64 a person would have a substantial interest in a business entity 5-65 under Section 171.002. 5-66 Sec. 376.465. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS 5-67 AFFECTING PROPERTY. (a) If the district, in exercising a power 5-68 conferred by this subchapter, requires a relocation, adjustment, 5-69 raising, lowering, rerouting, or changing of the grade or the 6-1 construction of any of the following items, the district must take 6-2 that required action at the sole expense of the district: 6-3 (1) a street, alley, highway, overpass, underpass, 6-4 road, railroad track, bridge, facility, or other property; 6-5 (2) an electric line, conduit, facility, or other 6-6 property; 6-7 (3) a telephone or telegraph line, conduit, facility, 6-8 or other property; 6-9 (4) a gas transmission or distribution pipe, pipeline, 6-10 main, facility, or other property; 6-11 (5) a water, sanitary sewer, or storm sewer pipe, 6-12 pipeline, main, facility, or other property; 6-13 (6) a cable television line, cable, conduit, facility, 6-14 or other property; or 6-15 (7) another pipeline, facility, or other property 6-16 relating to the pipeline. 6-17 (b) The district shall bear damages that are suffered by 6-18 owners of the facility or other property. 6-19 Sec. 376.466. RELATION TO OTHER LAW. If any provision of 6-20 general law, including a law referenced in this subchapter, is in 6-21 conflict with or is inconsistent with this subchapter, this 6-22 subchapter prevails. Any law referenced in this subchapter that is 6-23 not in conflict or inconsistent with this subchapter is adopted and 6-24 incorporated by reference. 6-25 Sec. 376.467. REQUIREMENTS FOR FINANCING SERVICES AND 6-26 IMPROVEMENTS. The board may not finance services and improvement 6-27 projects under this subchapter unless a written petition requesting 6-28 those improvements or services has been filed with the board. The 6-29 petition must be signed by: 6-30 (1) the owners of a majority of the assessed value of 6-31 real property in the district as determined by the most recent 6-32 certified county property tax rolls; or 6-33 (2) at least 50 persons who own land in the district, 6-34 if there are more than 50 persons who own property in the district 6-35 as determined by the most recent certified county property tax 6-36 rolls. 6-37 Sec. 376.468. NONPROFIT CORPORATION. (a) The board by 6-38 resolution may authorize the creation of a nonprofit corporation to 6-39 assist and act on behalf of the district in implementing a project 6-40 or providing a service authorized by this subchapter. 6-41 (b) The board shall appoint the board of directors of a 6-42 nonprofit corporation created under this section. The board of 6-43 directors of the nonprofit corporation shall serve in the same 6-44 manner as, for the same term as, and on the conditions of the board 6-45 of directors of a local government corporation created under 6-46 Chapter 431, Transportation Code. 6-47 (c) A nonprofit corporation created under this section has 6-48 the powers of and is considered for purposes of this subchapter to 6-49 be a local government corporation created under Chapter 431, 6-50 Transportation Code. 6-51 (d) A nonprofit corporation created under this section may 6-52 implement any project and provide any services authorized by this 6-53 subchapter. 6-54 Sec. 376.469. DISBURSEMENTS OR TRANSFERS OF FUNDS. The 6-55 board by resolution shall establish the number of directors' 6-56 signatures and the procedure required for a disbursement or 6-57 transfer of the district's money. 6-58 Sec. 376.470. BONDS. (a) The district may issue bonds or 6-59 other obligations payable in whole or in part from ad valorem 6-60 taxes, assessments, impact fees, revenues, grants, or other money 6-61 of the district, or any combination of those sources of money, to 6-62 pay for any authorized purpose of the district. 6-63 (b) Bonds or other obligations of the district may be issued 6-64 in the form of bonds, notes, certificates of participation, 6-65 including other instruments evidencing a proportionate interest in 6-66 payments to be made by the district, or other obligations that are 6-67 issued in the exercise of the district's borrowing power and may be 6-68 issued in bearer or registered form or not represented by an 6-69 instrument but the transfer of which is registered on books 7-1 maintained by or on behalf of the district. The board may impose 7-2 and collect an assessment under Subchapter F, Chapter 375, for any 7-3 purpose authorized by this subchapter or by Chapter 375. 7-4 (c) Except as provided by Subsection (d), the district must 7-5 obtain the municipality's approval of: 7-6 (1) the issuance of bonds for an improvement project; 7-7 (2) the plans and specifications of the improvement 7-8 project to be financed by the bonds; and 7-9 (3) the plans and specifications of a district 7-10 improvement project related to: 7-11 (A) the use of land owned by the municipality; 7-12 (B) an easement granted by the municipality; or 7-13 (C) a right-of-way of a street, road, or 7-14 highway. 7-15 (d) If the district obtains the municipality's approval of a 7-16 capital improvements budget for a specified period not to exceed 7-17 five years, the district may finance the capital improvements and 7-18 issue bonds specified in the budget without further municipal 7-19 approval. 7-20 (e) Before the district issues bonds, the district shall 7-21 submit the bonds and the record of proceedings of the district 7-22 relating to authorization of the bonds to the attorney general for 7-23 approval as provided by Chapter 1202, Government Code. 7-24 Sec. 376.471. ASSESSMENTS. (a) The board may impose and 7-25 collect an assessment for any purpose authorized by this 7-26 subchapter. 7-27 (b) Assessments, reassessments, or assessments resulting 7-28 from an addition to or correction of the assessment roll by the 7-29 district, penalties and interest on an assessment or reassessment, 7-30 expenses of collection, and reasonable attorney's fees incurred by 7-31 the district: 7-32 (1) are a first and prior lien against the property 7-33 assessed; 7-34 (2) are superior to any other lien or claim other than 7-35 a lien or claim for county, school district, or municipal ad 7-36 valorem taxes; and 7-37 (3) are the personal liability of and charge against 7-38 the owners of the property even if the owners are not named in the 7-39 assessment proceedings. 7-40 (c) The lien is effective from the date of the resolution of 7-41 the board levying the assessment until the assessment is paid. The 7-42 board may enforce the lien in the same manner that the board may 7-43 enforce an ad valorem tax lien against real property. 7-44 Sec. 376.472. PROPERTY EXEMPTED FROM TAX, FEE, OR 7-45 ASSESSMENT. (a) The district may not impose a tax, impact fee, or 7-46 assessment on a residential property or condominium. 7-47 (b) The district may not impose an impact fee or assessment 7-48 on the property, equipment, or facilities of a utility. In this 7-49 subsection, "utility" means a person that provides to the public 7-50 cable television, gas, light, power, telephone, sewerage, or water 7-51 service. 7-52 Sec. 376.473. ELECTIONS. (a) In addition to the elections 7-53 the district must hold under Subchapter L, Chapter 375, the 7-54 district shall hold an election in the manner provided by that 7-55 subchapter to obtain voter approval before the district imposes a 7-56 maintenance tax or issues bonds payable from ad valorem taxes or 7-57 assessments. 7-58 (b) The board may submit multiple purposes in a single 7-59 proposition at an election. 7-60 Sec. 376.474. IMPACT FEES. The district may impose an 7-61 impact fee for an authorized purpose as provided by Subchapter G, 7-62 Chapter 375. 7-63 Sec. 376.475. MAINTENANCE TAX. (a) If authorized at an 7-64 election held in accordance with Section 376.473, the district may 7-65 impose and collect an annual ad valorem tax on taxable property in 7-66 the district for the maintenance and operation of the district and 7-67 the improvements constructed or acquired by the district or for the 7-68 provision of services. 7-69 (b) The board shall determine the tax rate. 8-1 Sec. 376.476. DISSOLUTION OF DISTRICT. The district may be 8-2 dissolved as provided by Subchapter M, Chapter 375. If the 8-3 district has debt and is dissolved, the district shall remain in 8-4 existence solely for the limited purpose of discharging its bonds 8-5 or other obligations according to their terms. 8-6 Sec. 376.477. CONTRACTS. (a) To protect the public 8-7 interest, the district may contract with the municipality or the 8-8 county for the municipality or county to provide law enforcement 8-9 services in the district for a fee. 8-10 (b) The municipality, the county, or another political 8-11 subdivision of the state, without further authorization, may 8-12 contract with the district to implement a project of the district 8-13 or assist the district in providing the services authorized under 8-14 this subchapter. A contract under this subsection may: 8-15 (1) be for a period on which the parties agree; 8-16 (2) include terms on which the parties agree; 8-17 (3) be payable from taxes or any other sources of 8-18 revenue that may be available for that purpose; or 8-19 (4) provide that taxes or other revenue collected at a 8-20 district project or from a person using or purchasing a commodity 8-21 or service at a district project may be paid or rebated to the 8-22 district under the terms of the contract. 8-23 (c) The district may enter into a contract, lease, or other 8-24 agreement with or make or accept grants and loans to or from: 8-25 (1) the United States; 8-26 (2) the state or a state agency; 8-27 (3) a county, a municipality, or another political 8-28 subdivision of the state; 8-29 (4) a public or private corporation, including a 8-30 nonprofit corporation created by the board under this subchapter; 8-31 or 8-32 (5) any other person. 8-33 (d) The district may perform all acts necessary for the full 8-34 exercise of the powers vested in the district on terms and for the 8-35 period the board determines advisable. 8-36 Sec. 376.478. COMPETITIVE BIDDING UNIT. Section 375.221 8-37 does not apply to the district unless the contract is for more than 8-38 $25,000. 8-39 Sec. 376.479. ANNEXATION. The district may: 8-40 (1) annex territory as provided by Subchapter C, 8-41 Chapter 375; and 8-42 (2) annex territory located inside the boundaries of a 8-43 reinvestment zone created by the municipality under Chapter 311, 8-44 Tax Code, if the governing body of the municipality consents to the 8-45 annexation. 8-46 Sec. 376.480. AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL 8-47 AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may 8-48 make an agreement with or accept a donation, grant, or loan from 8-49 any person. 8-50 (b) The implementation of a project is a governmental 8-51 function or service for the purposes of Chapter 791, Government 8-52 Code. 8-53 (c) To protect the public interest, the district may 8-54 contract with the municipality or the county for the municipality 8-55 or county to provide law enforcement services in the district for a 8-56 fee. 8-57 SECTION 2. The legislature finds that: 8-58 (1) proper and legal notice of the intention to 8-59 introduce this Act, setting forth the general substance of this 8-60 Act, has been published as provided by law, and the notice and a 8-61 copy of this Act have been furnished to all persons, agencies, 8-62 officials, or entities to which they are required to be furnished 8-63 by the constitution and laws of this state, including the governor, 8-64 who has submitted the notice and Act to the Texas Natural Resource 8-65 Conservation Commission; 8-66 (2) the Texas Natural Resource Conservation Commission 8-67 has filed its recommendations relating to this Act with the 8-68 governor, lieutenant governor, and speaker of the house of 8-69 representatives within the required time; 9-1 (3) the general law relating to consent by political 9-2 subdivisions to the creation of districts with conservation, 9-3 reclamation, and road powers and the inclusion of land in those 9-4 districts has been complied with; and 9-5 (4) all requirements of the constitution and laws of 9-6 this state and the rules and procedures of the legislature with 9-7 respect to the notice, introduction, and passage of this Act have 9-8 been fulfilled and accomplished. 9-9 SECTION 3. Notwithstanding Section 376.459, Local Government 9-10 Code, as added by this Act: 9-11 (1) the initial board of directors of the Greater 9-12 Southeast Management District consists of: 9-13 Pos. No. Name of Director 9-14 1 __________________ 9-15 2 __________________ 9-16 3 __________________ 9-17 4 __________________ 9-18 5 __________________ 9-19 6 __________________ 9-20 7 __________________ 9-21 8 __________________ 9-22 9 __________________ 9-23 10 __________________ 9-24 11 __________________ 9-25 12 __________________ 9-26 13 __________________ 9-27 14 __________________ 9-28 15 __________________ 9-29 16 __________________ 9-30 17 __________________; and 9-31 (2) of the initial board, members in positions 1-9 9-32 serve terms that expire June 1, 2005, and members in positions 9-33 10-17 serve terms that expire June 1, 2003. 9-34 SECTION 4. This Act takes effect immediately if it receives 9-35 a vote of two-thirds of all the members elected to each house, as 9-36 provided by Section 39, Article III, Texas Constitution. If this 9-37 Act does not receive the vote necessary for immediate effect, this 9-38 Act takes effect September 1, 2001. 9-39 * * * * *