1-1     By:  Ellis                                            S.B. No. 1830
 1-2           (In the Senate - Filed April 27, 2001; April 30, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; May 4, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 4, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of the Greater Southeast Management
 1-9     District; providing authority to impose a tax and issue bonds.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 376, Local Government Code, is amended by
1-12     adding Subchapter K to read as follows:
1-13            SUBCHAPTER K.  GREATER SOUTHEAST MANAGEMENT DISTRICT
1-14           Sec. 376.451.  CREATION OF DISTRICT.  (a)  A special district
1-15     to be known as the "Greater Southeast Management District" exists
1-16     as a political subdivision of the state.
1-17           (b)  The name of the district may be changed by resolution of
1-18     the board.
1-19           (c)  The creation of the district is essential to accomplish
1-20     the purposes of Section 52, Article III, Section 59, Article XVI,
1-21     and Section 52-a, Article III, Texas Constitution, and other public
1-22     purposes stated in this subchapter.
1-23           Sec. 376.452.  DECLARATION OF INTENT.  (a)  The creation of
1-24     the district is necessary to promote, develop, encourage, and
1-25     maintain employment, commerce, transportation, housing, tourism,
1-26     recreation, arts, entertainment, economic development, safety, and
1-27     the public welfare in the southeast area of the city of Houston.
1-28           (b)  The creation of the district and this legislation are
1-29     not to be interpreted to relieve the county or the municipality
1-30     from providing the level of services, as of the effective date of
1-31     this subchapter, to the area in the district or to release the
1-32     county or the municipality from the obligations each entity has to
1-33     provide services to that area.  The district is created to
1-34     supplement and not supplant the municipal or county services
1-35     provided in the area in the district.
1-36           (c)  By creating the district and in authorizing the
1-37     municipality, county, and other political subdivisions to contract
1-38     with the district, the legislature has established a program to
1-39     accomplish the public purposes set out in Section 52-a, Article
1-40     III, Texas Constitution.
1-41           Sec. 376.453.  DEFINITIONS.  In this subchapter:
1-42                 (1)  "Board" means the board of directors of the
1-43     district.
1-44                 (2)  "County" means Harris County, Texas.
1-45                 (3)  "District" means the Greater Southeast Management
1-46     District.
1-47                 (4)  "Municipality" means the City of Houston, Texas.
1-48           Sec. 376.454.  BOUNDARIES.  The district includes all the
1-49     territory contained in the following described area:
1-50     Being 30.31 square miles (19,400 acres) more or less, out of the
1-51     Jos Gambel Abstract 309, G.P. Foster Abstract 273, Jos Christy
1-52     Abstract 212, Holman Abstract 323, H. Tierwester Abstract 75, Luke
1-53     Moore Abstract 51, J. Durkee Abstract 1013, WCRR Abstract 936, H.
1-54     Tierwester Abstract 760, Louis Gladitch Abstract 304, D.W.C. Harris
1-55     Abstract 325, Pleasant W. Rose Abstract 635, and Chaungey Goodrich
1-56     Abstract 302.
1-57     All Located in Harris County, Texas, being more particular
1-58     described by metes and bounds as follow:
1-59     BEGINNING at a point being the point of intersection of the
1-60     centerline of the right-of-way of interstate 45 and the centerline
1-61     of the intersection of HB & TRR;
1-62     THENCE, in a south westerly direction along the centerline of HB &
1-63     TRR to the intersection or Wheeler Street;
1-64     THENCE, continuing in a southeasterly direction along the
 2-1     centerline of HB & TRR, and to the intersection of the T & no RR
 2-2     (Greater Houston & S.A.R.R.);
 2-3     THENCE, east along T & No RR to the rear lot lines of all business
 2-4     facing the West Property line on South Wayside Street;
 2-5     THENCE, south parallel more or less to South Wayside to the South
 2-6     Loop East passing its South property line to the rear property line
 2-7     of all lots fronting on the South Loop East;
 2-8     THENCE, west parallel to the South Loop East more or less along the
 2-9     rear lines of all property fronting on the south property line of
2-10     the South Loop East passing Myakawa Road to the West line of Martin
2-11     Luther King Street;
2-12     THENCE, along the rear property line of the lots fronting the West
2-13     R.O.W. line of Martin Luther King Street to the north line of
2-14     Browncroft Street;
2-15     THENCE west along the north line of Browncroft St. passing USA Lane
2-16     to the south continuing in a generally west direction to the west
2-17     line of Milart Street;
2-18     THENCE South along the west line of Milart Street to the southeast
2-19     corner of tract 23 of the WCRR Co. Survey A 936;
2-20     THENCE, west along the southerly property line of Tract 23 and 14B
2-21     of the WCRR Co. Survey A 936 to the east line of Schroeder Street;
2-22     THENCE northeasterly direction along the easterly line of Schoeder
2-23     Road to its intersection with the southerly line on Griggs Road;
2-24     THENCE in a northeasterly direction along the southerly line of
2-25     Griggs Road to the intersection of the rear of the rear property
2-26     line of the lot facing Grace Lane;
2-27     THENCE in a southwesterly direction along the rear property line of
2-28     the lots facing Grace lane to the intersection of the rear property
2-29     line projection of all lots fronting, more or less the north line
2-30     of Kingsbury Lane;
2-31     THENCE westerly along the rear property line projection of all lots
2-32     fronting the north line of Kingsbury Lane to the east right-of-way
2-33     line of Calhoun Road;
2-34     THENCE northeasterly along the easterly line of Calhoun Road to the
2-35     rear property line projection of the lots fronting on Griggs Road;
2-36     THENCE, west along the rear property line of all the lots fronting
2-37     on Griggs Road to the east line of Cullen Road;
2-38     THENCE, in a southerly direction along the east line of Cullen Road
2-39     to the southline projection of Dixie Street;
2-40     THENCE, in a westerly direction along the south line of Dixie
2-41     Street, crossing St. Augustine Street, to the rear line of the lot
2-42     facing St. Augustine Street;
2-43     THENCE north to the rear lot line of the lots that front on Old
2-44     Spanish Trail;
2-45     THENCE west along the rear lot line of the lots that front on Old
2-46     Spanish Trail to the rear property line of the lot that fronts on
2-47     Scottcrest Street;
2-48     THENCE north to the south right-of-way line of Old Spanish Trail;
2-49     THENCE west to the intersection of the east line of Scott Crest
2-50     Street;
2-51     THENCE in a southwesterly direction to the rear property line of
2-52     all lots that front Zephyr Street;
2-53     THENCE in a westerly direction along the rear property line of the
2-54     lots that front Zephyr Street to west right-of-way line of
2-55     LaSallette Drive;
2-56     THENCE northwesterly along the west right-of-way line of LaSalette
2-57     Drive to the intersection of the south right-of-way line of Old
2-58     Spanish Trail;
2-59     THENCE southwesterly along the south right-of-way line of Old
2-60     Spanish Trail to rear property line of the corner lot fronting on
2-61     Tierwester Street;
2-62     THENCE south along the rear property line of the corner lot
2-63     fronting on Tierwester Street to the southeast corner of this lot;
2-64     THENCE west along the south line of the corner lot fronting on
2-65     Tierwester Street to the east right-of-way line of Tiewester
2-66     Street;
2-67     THENCE southerly along the east right-of-way line of Tierwester
2-68     Street to the south property line of Zephyr Street;
2-69     THENCE west crossing Tierwester Street, where the street names
 3-1     changes from Zephyr Street to Southland Avenue and along the south
 3-2     line of Southland Avenue to the intersection of the south
 3-3     right-of-way line of Old Spanish Trail;
 3-4     THENCE in a southwesterly direction along the south line of Old
 3-5     Spanish Trail to the east line of Allegheny Street;
 3-6     THENCE south along the east right-of-way line of Allegheny Street
 3-7     the southeast corner of the first corner lot;
 3-8     THENCE east along the south line of the corner lot to the rear
 3-9     property line;
3-10     THENCE south along the rear property line for one lot long to the
3-11     southeast corner of this lot fronting on the east line of
3-12     Allegeheny Street;
3-13     THENCE, west to the east property line of Alleghaney Street;
3-14     THENCE in a southwesterly direction along the east right-of-way
3-15     line of Alleghaney Street to the intersection of the north
3-16     right-of-way line of Yellowstone Street;
3-17     THENCE in a south easterly direction along the north right-of-way
3-18     line of Yellowstone Street to the east right-of-way line of
3-19     Peerless Street;
3-20     THENCE in a southerly direction along the east right-of-way line of
3-21     Peerless Street to the intersection of the south right-of-way line
3-22     of Corder Street;
3-23     THENCE, in a northwesterly direction along the southerly line of
3-24     Corder Street crossing State Highway 288 in a straight line along
3-25     the centerline of Nicholas Street to its intersection with the
3-26     westerly line of Almeda Rd.;
3-27     THENCE, in a northerly direction along Almeda Road to the
3-28     intersection of Old Spanish Trail;
3-29     THENCE, in a westerly direction along Old Spanish Trail to the
3-30     intersection of Fannin;
3-31     THENCE, along the centerline of Fannin Street in a northwesterly
3-32     direction to the intersection of Holcombe Street;
3-33     THENCE, west along the centerline of Holcombe Street to the
3-34     intersection of South Main Street;
3-35     THENCE, in a northeasterly direction along the centerline of South
3-36     Main to Palm Street, and to the intersection with the boundaries of
3-37     the Midtown TIRZ and Management District;
3-38     THENCE, southeasterly with the Southerly R.O.W. of Palm Street to
3-39     the easterly R.O.W. line of Fannin Street;
3-40     THENCE, northeasterly, with the Easterly  R.O.W. line of Fannin
3-41     Street to the northerly R.O.W. line of US 59 South;
3-42     THENCE, in an easterly, direction with curve to the left and in a
3-43     northerly direction along the northerly R.O.W. line of US 59 South,
3-44     to the intersection of the westerly R.O.W. line of State Highway
3-45     288 which is also being US 59 North and crossing Interstate Highway
3-46     45 (Gulf Freeway) to the Northerly R.O.W. line thereof; said point
3-47     also being the Northwest boundary corner of the Midtown TIRZ &
3-48     Management District;
3-49     THENCE, southeasterly direction along the north right-of-way line
3-50     of Interstate Highway 45 and to the POINT OF BEGINNING, containing
3-51     19,400 acres more or less, SAVE AND EXCEPT all tracts or parcels of
3-52     land, rights-of-way, facilities, and improvements owned by an
3-53     electric utility or a power generation company as defined by
3-54     Section 31.002, Utilities Code, or a gas utility as defined by
3-55     Sections 101.003 and 121.001, Utilities Code.
3-56           Sec. 376.455.  FINDINGS RELATING TO BOUNDARIES.  The
3-57     boundaries and field notes of the district form a closure.  If a
3-58     mistake is made in the field notes or in copying the field notes in
3-59     the legislative process, the mistake does not in any way affect
3-60     the:
3-61                 (1)  organization, existence, and validity of the
3-62     district;
3-63                 (2)  right of the district to issue any type of bonds
3-64     or refunding bonds for the purposes for which the district is
3-65     created or to pay the principal of and interest on the bonds;
3-66                 (3)  right of the district to impose and collect
3-67     assessments or taxes; or
3-68                 (4)  legality or operation of the district or its
3-69     governing body.
 4-1           Sec. 376.456.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
 4-2     (a)  All the land and other property included in the district will
 4-3     be benefited by the improvements and services to be provided by the
 4-4     district under powers conferred by Section 52, Article III, Section
 4-5     59, Article XVI, and Section 52-a, Article III, Texas Constitution,
 4-6     and other powers granted under this subchapter, and the district is
 4-7     created to serve a public use and benefit.
 4-8           (b)  The creation of the district is in the public interest
 4-9     and is essential to:
4-10                 (1)  further the public purposes of the development and
4-11     diversification of the economy of the state; and
4-12                 (2)  eliminate unemployment and underemployment and
4-13     develop or expand transportation and commerce.
4-14           (c)  The district will:
4-15                 (1)  promote the health, safety, and general welfare of
4-16     residents, employers, employees, visitors, consumers in the
4-17     district, and the general public;
4-18                 (2)  provide money to preserve, maintain, and enhance
4-19     the economic health and vitality of the district as a community and
4-20     business center; and
4-21                 (3)  further promote the health, safety, welfare, and
4-22     enjoyment of the public by providing pedestrian ways and by
4-23     landscaping and developing certain areas in the district, which are
4-24     necessary for the restoration, preservation, and enhancement of
4-25     scenic and aesthetic beauty.
4-26           (d)  Pedestrian ways along or across a street, whether at
4-27     grade or above or below the surface, and street lighting, street
4-28     landscaping, and street art objects are parts of and necessary
4-29     components of a street and are considered to be a street or road
4-30     improvement.
4-31           (e)  The district will not act as the agent or
4-32     instrumentality of any private interest even though many private
4-33     interests will be benefited by the district, as will the general
4-34     public.
4-35           Sec. 376.457.  APPLICATION OF OTHER LAW.  Except as otherwise
4-36     provided by this subchapter, Chapter 375 applies to the district
4-37     and its governing body and employees.
4-38           Sec. 376.458.  CONSTRUCTION OF SUBCHAPTER.  This subchapter
4-39     shall be liberally construed in conformity with the findings and
4-40     purposes stated in this subchapter.
4-41           Sec. 376.459.  BOARD OF DIRECTORS IN GENERAL.  (a)  The
4-42     district is governed by a board of 17 directors who serve staggered
4-43     terms of four years, with nine members' terms expiring June 1 of an
4-44     odd-numbered year and eight members' terms expiring June 1 of the
4-45     following odd-numbered year.  The board may increase or decrease
4-46     the number of directors on the board by resolution, provided that
4-47     it is in the best interest of the district to do so and that the
4-48     board consists of not fewer than 9 and not more than 30 directors.
4-49           (b)  Subchapter D, Chapter 375, applies to the board to the
4-50     extent that subchapter does not conflict with this subchapter.  The
4-51     imposition of a tax, assessment, or impact fee requires a vote of a
4-52     majority of the directors serving.  Directors may vote on any
4-53     matter authorized by Subchapter D, Chapter 375, and action may be
4-54     taken by the board only if it is approved in the manner prescribed
4-55     by Subchapter D, Chapter 375.
4-56           Sec. 376.460.  APPOINTMENT OF DIRECTORS; VACANCY.  The mayor
4-57     and members of the governing body of the municipality shall appoint
4-58     directors from persons recommended by the board who meet the
4-59     qualifications of Subchapter D, Chapter 375.  A vacancy in the
4-60     office of director because of the death, resignation, or removal of
4-61     a director shall be filled by the remaining members of the board by
4-62     appointing a qualified person for the unexpired term.
4-63           Sec. 376.461.  POWERS OF DISTRICT.  The district has:
4-64                 (1)  all powers necessary or required to accomplish the
4-65     purposes for which the district was created;
4-66                 (2)  the rights, powers, privileges, authority, and
4-67     functions of a district created under Chapter 375;
4-68                 (3)  the powers given to a corporation under Section
4-69     4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
 5-1     Texas Civil Statutes), and the power to own, operate, acquire,
 5-2     construct, lease, improve, and maintain projects;
 5-3                 (4)  the power to impose ad valorem taxes, assessments,
 5-4     or impact fees in accordance with Chapter 375 to provide
 5-5     improvements and services for a project or activity the district is
 5-6     authorized to acquire, construct, improve, or provide under this
 5-7     subchapter;
 5-8                 (5)  the power to correct, add to, or delete
 5-9     assessments from its assessment rolls after notice and hearing as
5-10     provided by Subchapter F, Chapter 375; and
5-11                 (6)  the powers given to a housing finance corporation
5-12     created under Chapter 394 to provide housing or residential
5-13     development projects in the district.
5-14           Sec. 376.462.  EMINENT DOMAIN.  The district may not exercise
5-15     the power of eminent domain.
5-16           Sec. 376.463.  EX OFFICIO BOARD MEMBERS.  (a)  The following
5-17     persons shall serve as nonvoting ex officio directors:
5-18                 (1)  the director of the following departments of the
5-19     municipality:
5-20                       (A)  parks and recreation;
5-21                       (B)  planning and development;
5-22                       (C)  public works; and
5-23                       (D)  civic center;
5-24                 (2)  the municipality's chief of police;
5-25                 (3)  the general manager of the Metropolitan Transit
5-26     Authority; and
5-27                 (4)  the presidents of any institutions of higher
5-28     learning located in the district.
5-29           (b)  If a department described by Subsection (a) is
5-30     consolidated, renamed, or changed, the board may appoint a director
5-31     of the consolidated, renamed, or changed department as a nonvoting
5-32     ex officio board member.  If a department described by Subsection
5-33     (a) is abolished, the board may appoint a representative of another
5-34     department of the municipality that performs duties comparable to
5-35     those performed by the abolished department.
5-36           (c)  The board may appoint the presiding officer of a
5-37     nonprofit corporation that is actively involved in activities in
5-38     the municipality's midtown area to serve as a nonvoting ex officio
5-39     director.
5-40           Sec. 376.464.  CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
5-41     (a)  Except as provided in this section:
5-42                 (1)  a director may participate in all board votes and
5-43     decisions; and
5-44                 (2)  Chapter 171 governs conflicts of interest for
5-45     board members.
5-46           (b)  Section 171.004 does not apply to the district.  A
5-47     director who has a substantial interest in a business or charitable
5-48     entity that will receive a pecuniary benefit from a board action
5-49     shall file a one-time affidavit declaring the interest.  An
5-50     additional affidavit is not required if the director's interest
5-51     changes.  After the affidavit is filed with the board secretary,
5-52     the director may participate in a discussion or vote on that action
5-53     if:
5-54                 (1)  a majority of the directors have a similar
5-55     interest in the same entity; or
5-56                 (2)  all other similar business or charitable entities
5-57     in the district will receive a similar pecuniary benefit.
5-58           (c)  A director who is also an officer or employee of a
5-59     public entity may not participate in the discussion of or vote on a
5-60     matter regarding a contract with that same public entity.
5-61           (d)  For purposes of this section, a director has a
5-62     substantial interest in a charitable entity in the same manner that
5-63     a person would have a substantial interest in a business entity
5-64     under Section 171.002.
5-65           Sec. 376.465.  EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
5-66     AFFECTING PROPERTY.  (a)  If the district, in exercising a power
5-67     conferred by this subchapter, requires a relocation, adjustment,
5-68     raising, lowering, rerouting, or changing of the grade or the
5-69     construction of any of the following items, the district must take
 6-1     that required action at the sole expense of the district:
 6-2                 (1)  a street, alley, highway, overpass, underpass,
 6-3     road, railroad track, bridge, facility, or other property;
 6-4                 (2)  an electric line, conduit, facility, or other
 6-5     property;
 6-6                 (3)  a telephone or telegraph line, conduit, facility,
 6-7     or other property;
 6-8                 (4)  a gas transmission or distribution pipe, pipeline,
 6-9     main, facility, or other property;
6-10                 (5)  a water, sanitary sewer, or storm sewer pipe,
6-11     pipeline, main, facility, or other property;
6-12                 (6)  a cable television line, cable, conduit, facility,
6-13     or other property; or
6-14                 (7)  another pipeline, facility, or other property
6-15     relating to the pipeline.
6-16           (b)  The district shall bear damages that are suffered by
6-17     owners of the facility or other property.
6-18           Sec. 376.466.  RELATION TO OTHER LAW.  If any provision of
6-19     general law, including a law referenced in this subchapter, is in
6-20     conflict with or is inconsistent with this subchapter, this
6-21     subchapter prevails.  Any law referenced in this subchapter that is
6-22     not in conflict or inconsistent with this subchapter is adopted and
6-23     incorporated by reference.
6-24           Sec. 376.467.  REQUIREMENTS FOR FINANCING SERVICES AND
6-25     IMPROVEMENTS.  The board may not finance services and improvement
6-26     projects under this subchapter unless a written petition requesting
6-27     those improvements or services has been filed with the board.  The
6-28     petition must be signed by:
6-29                 (1)  the owners of a majority of the assessed value of
6-30     real property in the district as determined by the most recent
6-31     certified county property tax rolls; or
6-32                 (2)  at least 50 persons who own land in the district,
6-33     if there are more than 50 persons who own property in the district
6-34     as determined by the most recent certified county property tax
6-35     rolls.
6-36           Sec. 376.468.  NONPROFIT CORPORATION.  (a)  The board by
6-37     resolution may authorize the creation of a nonprofit corporation to
6-38     assist and act on behalf of the district in implementing a project
6-39     or providing a service authorized by this subchapter.
6-40           (b)  The board shall appoint the board of directors of a
6-41     nonprofit corporation created under this section.  The board of
6-42     directors of the nonprofit corporation shall serve in the same
6-43     manner as, for the same term as, and on the conditions of the board
6-44     of directors of a local government corporation created under
6-45     Chapter 431, Transportation Code.
6-46           (c)  A nonprofit corporation created under this section has
6-47     the powers of and is considered for purposes of this subchapter to
6-48     be a local government corporation created under Chapter 431,
6-49     Transportation Code.
6-50           (d)  A nonprofit corporation created under this section may
6-51     implement any project and provide any services authorized by this
6-52     subchapter.
6-53           Sec. 376.469.  DISBURSEMENTS OR TRANSFERS OF FUNDS.  The
6-54     board by resolution shall establish the number of directors'
6-55     signatures and the procedure required for a disbursement or
6-56     transfer of the district's money.
6-57           Sec. 376.470.  BONDS.  (a)  The district may issue bonds or
6-58     other obligations payable in whole or in part from ad valorem
6-59     taxes, assessments, impact fees, revenues, grants, or other money
6-60     of the district, or any combination of those sources of money, to
6-61     pay for any authorized purpose of the district.
6-62           (b)  Bonds or other obligations of the district may be issued
6-63     in the form of bonds, notes, certificates of participation,
6-64     including other instruments evidencing a proportionate interest in
6-65     payments to be made by the district, or other obligations that are
6-66     issued in the exercise of the district's borrowing power and may be
6-67     issued in bearer or registered form or not represented by an
6-68     instrument but the transfer of which is registered on books
6-69     maintained by or on behalf of the district.  The board may impose
 7-1     and collect an assessment under Subchapter F, Chapter 375, for any
 7-2     purpose authorized by this subchapter or by Chapter 375.
 7-3           (c)  Except as provided by Subsection (d), the district must
 7-4     obtain the municipality's approval of:
 7-5                 (1)  the issuance of bonds for an improvement project;
 7-6                 (2)  the plans and specifications of the improvement
 7-7     project to be financed by the bonds; and
 7-8                 (3)  the plans and specifications of a district
 7-9     improvement project related to:
7-10                       (A)  the use of land owned by the municipality;
7-11                       (B)  an easement granted by the municipality; or
7-12                       (C)  a right-of-way of a street, road, or
7-13     highway.
7-14           (d)  If the district obtains the municipality's approval of a
7-15     capital improvements budget for a specified period not to exceed
7-16     five years, the district may finance the capital improvements and
7-17     issue bonds specified in the budget without further municipal
7-18     approval.
7-19           (e)  Before the district issues bonds, the district shall
7-20     submit the bonds and the record of proceedings of the district
7-21     relating to authorization of the bonds to the attorney general for
7-22     approval as provided by Chapter 1202, Government Code.
7-23           Sec. 376.471.  ASSESSMENTS.  (a)  The board may impose and
7-24     collect an assessment for any purpose authorized by this
7-25     subchapter.
7-26           (b)  Assessments, reassessments, or assessments resulting
7-27     from an addition to or correction of the assessment roll by the
7-28     district, penalties and interest on an assessment or reassessment,
7-29     expenses of collection, and reasonable attorney's fees incurred by
7-30     the district:
7-31                 (1)  are a first and prior lien against the property
7-32     assessed;
7-33                 (2)  are superior to any other lien or claim other than
7-34     a lien or claim for county, school district, or municipal ad
7-35     valorem taxes; and
7-36                 (3)  are the personal liability of and charge against
7-37     the owners of the property even if the owners are not named in the
7-38     assessment proceedings.
7-39           (c)  The lien is effective from the date of the resolution of
7-40     the board levying the assessment until the assessment is paid.  The
7-41     board may enforce the lien in the same manner that the board may
7-42     enforce an ad valorem tax lien against real property.
7-43           Sec. 376.472.  PROPERTY EXEMPTED FROM TAX, FEE, OR
7-44     ASSESSMENT.  (a)  The district may not impose a tax, impact fee, or
7-45     assessment on a residential property or condominium.
7-46           (b)  The district may not impose an impact fee or assessment
7-47     on the property, equipment, or facilities of a utility.  In this
7-48     subsection, "utility" means a person that provides to the public
7-49     cable television, gas, light, power, telephone, sewerage, or water
7-50     service.
7-51           Sec. 376.473.  ELECTIONS.  (a)  In addition to the elections
7-52     the district must hold under Subchapter L, Chapter 375, the
7-53     district shall hold an election in the manner provided by that
7-54     subchapter to obtain voter approval before the district imposes a
7-55     maintenance tax or issues bonds payable from ad valorem taxes or
7-56     assessments.
7-57           (b)  The board may submit multiple purposes in a single
7-58     proposition at an election.
7-59           Sec. 376.474.  IMPACT FEES.  The district may impose an
7-60     impact fee for an authorized purpose as provided by Subchapter G,
7-61     Chapter 375.
7-62           Sec. 376.475.  MAINTENANCE TAX.  (a)  If authorized at an
7-63     election held in accordance with Section 376.473, the district may
7-64     impose and collect an annual ad valorem tax on taxable property in
7-65     the district for the maintenance and operation of the district and
7-66     the improvements constructed or acquired by the district or for the
7-67     provision of services.
7-68           (b)  The board shall determine the tax rate.
7-69           Sec. 376.476.  DISSOLUTION OF DISTRICT.  The district may be
 8-1     dissolved as provided by Subchapter M, Chapter 375.  If the
 8-2     district has debt and is dissolved, the district shall remain in
 8-3     existence solely for the limited purpose of discharging its bonds
 8-4     or other obligations according to their terms.
 8-5           Sec. 376.477.  CONTRACTS.  (a)  To protect the public
 8-6     interest, the district may contract with the municipality or the
 8-7     county for the municipality or county to provide law enforcement
 8-8     services in the district for a fee.
 8-9           (b)  The municipality, the county, or another political
8-10     subdivision of the state, without further authorization, may
8-11     contract with the district to implement a project of the district
8-12     or assist the district in providing the services authorized under
8-13     this subchapter.  A contract under this subsection may:
8-14                 (1)  be for a period on which the parties agree;
8-15                 (2)  include terms on which the parties agree;
8-16                 (3)  be payable from taxes or any other sources of
8-17     revenue that may be available for that purpose; or
8-18                 (4)  provide that taxes or other revenue collected at a
8-19     district project or from a person using or purchasing a commodity
8-20     or service at a district project may be paid or rebated to the
8-21     district under the terms of the contract.
8-22           (c)  The district may enter into a contract, lease, or other
8-23     agreement with or make or accept grants and loans to or from:
8-24                 (1)  the United States;
8-25                 (2)  the state or a state agency;
8-26                 (3)  a county, a municipality, or another political
8-27     subdivision of the state;
8-28                 (4)  a public or private corporation, including a
8-29     nonprofit corporation created by the board under this subchapter;
8-30     or
8-31                 (5)  any other person.
8-32           (d)  The district may perform all acts necessary for the full
8-33     exercise of the powers vested in the district on terms and for the
8-34     period the board determines advisable.
8-35           Sec. 376.478.  COMPETITIVE BIDDING UNIT.  Section 375.221
8-36     does not apply to the district unless the contract is for more than
8-37     $25,000.
8-38           Sec. 376.479.  ANNEXATION.  The district may:
8-39                 (1)  annex territory as provided by Subchapter C,
8-40     Chapter 375; and
8-41                 (2)  annex territory located inside the boundaries of a
8-42     reinvestment zone created by the municipality under Chapter 311,
8-43     Tax Code, if the governing body of the municipality consents to the
8-44     annexation.
8-45           Sec. 376.480.  AGREEMENTS:  GENERAL; DONATIONS, INTERLOCAL
8-46     AGREEMENTS, AND LAW ENFORCEMENT SERVICES.  (a)  The district may
8-47     make an agreement with or accept a donation, grant, or loan from
8-48     any person.
8-49           (b)  The implementation of a project is a governmental
8-50     function or service for the purposes of Chapter 791, Government
8-51     Code.
8-52           (c)  To protect the public interest, the district may
8-53     contract with the municipality or the county for the municipality
8-54     or county to provide law enforcement services in the district for a
8-55     fee.
8-56           SECTION 2.  The legislature finds that:
8-57                 (1)  proper and legal notice of the intention to
8-58     introduce this Act, setting forth the general substance of this
8-59     Act, has been published as provided by law, and the notice and a
8-60     copy of this Act have been furnished to all persons, agencies,
8-61     officials, or entities to which they are required to be furnished
8-62     by the constitution and laws of this state, including the governor,
8-63     who has submitted the notice and Act to the Texas Natural Resource
8-64     Conservation Commission;
8-65                 (2)  the Texas Natural Resource Conservation Commission
8-66     has filed its recommendations relating to this Act with the
8-67     governor, lieutenant governor, and speaker of the house of
8-68     representatives within the required time;
8-69                 (3)  the general law relating to consent by political
 9-1     subdivisions to the creation of districts with conservation,
 9-2     reclamation, and road powers and the inclusion of land in those
 9-3     districts has been complied with; and
 9-4                 (4)  all requirements of the constitution and laws of
 9-5     this state and the rules and procedures of the legislature with
 9-6     respect to the notice, introduction, and passage of this Act have
 9-7     been fulfilled and accomplished.
 9-8           SECTION 3.  Notwithstanding Section 376.459, Local Government
 9-9     Code, as added by this Act:
9-10                 (1)  the initial board of directors of the Greater
9-11     Southeast Management District consists of:
9-12           Pos. No.                 Name of Director
9-13              1                    __________________
9-14              2                    __________________
9-15              3                    __________________
9-16              4                    __________________
9-17              5                    __________________
9-18              6                    __________________
9-19              7                    __________________
9-20              8                    __________________
9-21              9                    __________________
9-22              10                   __________________
9-23              11                   __________________
9-24              12                   __________________
9-25              13                   __________________
9-26              14                   __________________
9-27              15                   __________________
9-28              16                   __________________
9-29              17                   __________________; and
9-30                 (2)  of the initial board, members in positions 1
9-31     through 9 serve terms that expire June 1, 2005, and members in
9-32     positions 10 through 17 serve terms that expire June 1, 2003.
9-33           SECTION 4.  This Act takes effect immediately if it receives
9-34     a vote of two-thirds of all the members elected to each house, as
9-35     provided by Section 39, Article III, Texas Constitution.  If this
9-36     Act does not receive the vote necessary for immediate effect, this
9-37     Act takes effect September 1, 2001.
9-38                                  * * * * *