H.B. 3583 78(R)    BILL ANALYSIS
 
 
 H.B. 3583
 By: Goodman
 County Affairs
 Committee Report (Amended)
 
 
 
 BACKGROUND AND PURPOSE 
 HB 3583 creates the Great Southwest Improvement District as a political
subdivision of the State of Texas to administer and provide funding for
community improvement projects and services in certain areas of Arlington.
The District will be a municipal management district similar to those
operating pursuant to Chapter 375 and 376, Local Government Code. 
 
 RULEMAKING AUTHORITY
 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 
 
 ANALYSIS
 SECTION 1. CREATION OF DISTRICT.  (a)  Creates the Great Southwest
Improvement District as a special district under Section 59, Article XVI,
Texas Constitution. 
 (b)  Authorizes the Board of Directors of the district (board) by
resolution to change the name of the district. 
SECTION 2. DEFINITIONS.  Defines "board" and "district."
SECTION 3. DECLARATION OF INTENT. (a) Sets forth findings that the
creation of the district is essential to accomplish certain purposes. 
(b) Provides that the creation of the district and this legislation are
not to relieve Tarrant County (county) or the City of Arlington
(municipality) from providing the level of services, as of the effective
date of this Act, to the area in the district.  Provides that the district
is created to supplement and not supplant the county services provided in
the area in the district. 
(c) Sets forth findings regarding the necessity of the creation of the
district. 
SECTION 4. BOUNDARIES.  Sets forth the geographical boundaries of the
district. 
SECTION 5. FINDINGS RELATING TO BOUNDARIES.  Provides that the boundaries
and field notes of the district form a closure.  Provides that if a
mistake is made in the field notes or in copying the field notes in the
legislative process, the mistake does not in any way affect the district's
organization, existence, or validity, its right to issue any type of bond
for the purposes for which the district is created or to pay the principal
of and interest on a bond, its right to impose or collect an assessment or
a tax, or its legality or operation. 
SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a) Provides that the
district is created to serve a public use and benefit.   
(b) Provides that all land in the district will benefit from the
improvements and services to be provided by the district under Sections 52
and 52-a, Article III and Section 59, Article XVI, Texas Constitution, and
other powers granted under the Act. 
(c) Provides that the creation of the district is in the public interest
and is essential to further the public purposes of the development and
diversification of the economy of the state, eliminate unemployment and
underemployment, and develop or expand transportation and commerce. 
(d) Provides that the district will 
  (1)  promote the health, safety, and general welfare of residents,
employers, employees, visitors, consumers in the district, and of the
public; 
 (2)  provide needed funding to preserve, maintain, and enhance the
economic health and vitality of the district as a community and business
center; and  
 (3)  promote the health, safety, welfare, and enjoyment of the public by
providing pedestrian ways and by landscaping and developing certain areas
in the district, which are necessary for the restoration, preservation,
and enhancement of scenic beauty. 
(e)  Provides that pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary components
of a street and are considered to be a street or road improvement. 
(f)  Provides that the district will not act as the agent or
instrumentality of any private interest even though the district will
benefit many private interests as well as the public. 
SECTION 7. APPLICATION OF OTHER LAW.  Provides that Chapter 375, Local
Government Code applies to the district except as may be inconsistent with
the Act.  Chapter 311, Government Code (Code Construction Act), applies to
the Act. 
SECTION 8. CONSTRUCTION OF ACT. Requires that this Act be liberally
construed in conformity wit the findings and purposes stated in this Act. 
SECTION 9. BOARD OF DIRECTORS;  TERMS.  Sets forth general provisions for
the board of directors if the district and their terms. 
SECTION 10. QUALIFICATIONS.  Sets forth the qualifications of the
directors of the district, and that Section 375.063, Local Government
Code, shall not apply to the board. 
SECTION 11. APPOINTMENT OF DIRECTORS.  Provides for the appointment of
board members. 
SECTION 12. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.  Provides for the
procedures a board member must follow if the member has a conflict of
interest with a matter before the board. 
SECTION 13. ELECTRONIC TRANSMISSIONS.  Provides for the conditions under
which the district may acquire, operate and charge for use of its
conduits. 
SECTION 14. ADDITIONAL POWERS OF THE DISTRICT.  Provides that the district
may also exercise the powers given to a corporation created under Section
4B, Development Corporation Act of 1979 and a housing finance corporation
created under Chapter 394, Local Government Code. 
SECTION 15. AGREEMENTS; GRANTS.  (a) Provides that a district may make an
agreement with or accept a gift, grant, or loan from any person. 
(b) Provides that the implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government Code. 
SECTION 16. LAW ENFORCEMENT SERVICES.  Provides that the district may
contract with Arlington or Tarrant County for law enforcement services for
a fee. 
SECTION 17. NONPROFIT CORPORATION.  (a) Authorizes the board by resolution
to authorize the creation of a nonprofit corporation to assist and act on
behalf of the district in implementing a project or providing a service
authorized by this Act. 
(b) Requires the board to appoint the board of directors of a nonprofit
corporation created under this section.  Requires the board of directors
of the nonprofit corporation to serve in the same manner, term, and
conditions as a board of directors of a local government corporation
created under Chapter 431, Transportation Code. 
 (c) Provides that a nonprofit corporation created under this section has
the powers of and is considered for purposes of this Act to be a local
government corporation created under Chapter 431, Transportation Code. 
SECTION 18. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS. (a)
Provides that the board may not finance a service or improvement project
through an assessment under this Act unless a written petition requesting
that service or improvement has been filed with the board.  The petition
must be signed by: (1) the owners of a majority of the assessed value of
real property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for the county
in which the property is located or (2) at least 50 owners of land in the
district that will be subject to the assessment, if more than 50 persons
own land in the district that will be subject to the assessment according
to the most recent certified tax appraisal roll for the county in which
the property is located. 
********SECTION 19. ASSESSMENTS. (a) Authorizes the board to impose and
collect an assessment for any purpose authorized by this Act. (b)  Sets
the priority of liens. 
SECTION 20. UTILITIES.  Prohibits the district from imposing an impact fee
or assessment against certain utilities. 
SECTION 21. OBLIGATIONS. Authorizes the district to issue bonds or other
obligations. 
SECTION 22. DISBURSEMENTS OR TRANSFERS OF MONEY.  Authorizes the board to
establish, by resolution, the number of director's signatures and
procedures required for a disbursement or transfer of the district's
money. 
SECTION 23. COMPETITIVE BIDDING LIMIT.  Limits application of Section
375.221, Local Government Code, to the district only for a contract with a
value greater than $25,000. 
SECTION 24. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.
Authorizes the board to vote to dissolve a district that has debt. 
SECTION 25. INITIAL DIRECTORS.  Provides for the initial directors of the
board. 
SECTION 26. LEGISLATIVE FINDINGS.  Provides for legislative findings.
SECTION 27. EFFECTIVE DATE.  Upon passage, or, if the Act does not receive
the necessary vote, the Act takes effect September 1, 2003. 
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

EXPLANATION OF AMENDMENTS
Amends Section 20 and Section 25 of the legislation.