SRC-JEC H.B. 3587 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3587
78R11072 DRH-FBy: Callegari (Lindsay)
Natural Resources
5/24/2003
Engrossed


DIGEST AND PURPOSE 

H.B. 3587 renames the Energy Corridor Management District as the Harris
County Improvement District No. 4 and amends some of the related
provisions in the Local Government Code. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Subchapter K, Chapter 376, Local
Government Code, as added by Chapter 1376, Acts of the 77th Legislature,
Regular Session, 2001, to read as follows: 

SUBCHAPTER K.  HARRIS COUNTY IMPROVEMENT DISTRICT NO. 4

SECTION 2.  Amends Section 376.451(a), Local Government Code, as added by
Chapter 1376, Acts of the 77th Legislature, Regular Session, 2001, to make
a conforming change. 

SECTION 3.  Amends Section 376.452, Local Government Code, as added by
Chapter 1376, Acts of the 77th Legislature, Regular Session, 2001, by
adding Subsection (d), to provide that by creating the district and in
authorizing the City of Houston, Harris County, and other political
subdivisions to contract with the district, the legislature has
established a program to accomplish the public purposes set out in Section
52-a, Article III, Texas Constitution. 

SECTION 4.  Amends Section 376.453(3), Local Government Code, as added by
Chapter 1376, Acts of the 77th Legislature, Regular Session, 2001, to make
a conforming change. 

SECTION 5.  Amends Section 376.459, Local Government Code, as added by
Chapter 1376, Acts of the 77th Legislature, Regular Session, 2001, by
adding Subsection (d), to authorize the board, if it determines that it is
in the best interest  of the district, by resolution to increase or
decrease the number of directors on the board except that the board may
not consist of fewer than seven or more than 15 directors. 

SECTION 6.  Amends Section 376.461, Local Government Code, as added by
Chapter 1376, Acts of the 77th Legislature, Regular Session, 2001, by
adding Subsection (c), to provide that a nonvoting director is not
included for the purpose of establishing a board quorum. 

SECTION 7.  Amends Section 376.464(a), Local Government Code, as added by
Chapter 1376, Acts of the 77th Legislature, Regular Session, 2001, to
authorize the district to exercise the powers given to a corporation
created under Section 4B, Development Corporation Act of 1979 (Article
5190.6, V.T.C.S.), including the power to own, operate, acquire,
construct, lease, improve, or maintain a project described by that
section. 

 SECTION 8.  Amends Section 376.467, Local Government Code, as added by
Chapter 1376, Acts of the 77th Legislature, Regular Session, 2001, to
prohibit the board from financing a service or improvement project with
assessments  under this subchapter unless a written petition requesting
the improvement or service has been filed with the board.  Requires the
petition to be signed by the owners of a majority of the assessed value of
real property in the district subject to the assessment as determined by
the most recent certified county property tax rolls; or at least 25
persons who own real property, rather than land, in the district, if there
are more than 25 persons who own real property in the district as
determined by the most recent certified county property tax rolls. 

SECTION 9.  Amends Section 376.468, Local Government Code, as added by
Chapter 1376, Acts of the 77th Legislature, Regular Session, 2001, by
amending Subsection (a) and adding Subsection (c), to make conforming and
nonsubstantive changes and to provide that Section 375.243 does not apply
to the district. 

SECTION 10.  Amends Section 376.470, Local Government Code, as added by
Chapter 1376, Acts of the 77th Legislature, Regular Session, 2001, by
adding Subsection (d), to authorize the board to make a correction to or
deletion from the assessment roll without notice and hearing required for
an additional assessment if the correction or deletion does not increase
the amount of a parcel of land. 

SECTION 11.  Amends Subchapter K, Chapter 376, Local Government Code, as
added by Chapter 1376, Acts of the 77th Legislature, Regular Session,
2001, by adding Sections 376.478, 376.479, 376.480, and 376.481 to read as
follows: 

Sec. 376.478.  TAX AND ASSESSMENT ABATEMENTS.  Authorizes the district to
grant in the manner authorized by Chapter 312, Tax Code, an abatement for
a tax or assessment owed to the district. 

Sec. 376.479.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.  Authorizes the
district to join and pay dues to an organization that enjoys tax-exempt
status under Section 501(c)(3), 501(c)(4), or 501(c)(6), Internal Revenue
Code of 1986 (26 U.S.C. Section 501), as amended; and performs services or
provides activities consistent with the furtherance of the purposes of the
district. 

Sec. 376.480.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  Provides that
all or any part of the area of the district is eligible to be included in
a tax increment reinvestment zone created by the municipality under
Chapter 311, Tax Code;  a tax abatement reinvestment zone created by the
municipality under Chapter 312, Tax Code; or an enterprise zone created by
the municipality under Chapter 2303, Government Code. 

Sec. 376.481.  ECONOMIC DEVELOPMENT PROGRAMS.  (a)  Authorizes the
district to establish and provide for the administration of one or more
programs, including programs for making loans and grants of public money
and providing personnel and services of the district, to promote state or
local economic development and to stimulate business and commercial
activity in the district. 

(b)  Provides that for purposes of this section, the district has all of
the powers and authority of a municipality under Chapter 380. 

SECTION 12.  Repealers:  Sections 376.459(c) and 376.460(b), Local
Government Code, as added by Chapter 1376, Acts of the 77th Legislature,
Regular Session, 2001. 

SECTION 13.  (a)  Provides that the legislature validates and confirms all
acts and proceedings of the Harris County Improvement District No. 4 and
the district's board of directors that occurred before the effective date
of this Act. 

 (b)  Provides that this section does not apply to any matter that on the
effective date of this Act is involved in litigation, if the litigation
ultimately results in the matter being held invalid by a final judgment of
a court with jurisdiction; or has been held invalid by a court with
jurisdiction. 

SECTION 14.  Effective date:  upon passage or September 1, 2003.