SRC-JLB S.B. 1726 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1726
By: Lindsay
Intergovernmental Relations
3/28/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1726 creates the Cy-Fair Community Improvement District
to raise money for a transportation and mobility plan; develop additional
office, retail, and hotel space; strengthen its workforce; enhance the
aesthetics of the area; and provide additional public safety measures for
its residents. 

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.  CREATION OF DISTRICT.  (a)  Provides that a special district
to be known as the "Cy-Fair Community Improvement District" is a
governmental agency and a political subdivision of the state. 

 (b)  Authorizes the name of the district to be changed by resolution of
the board. 
 
(c)  Provides that the creation of the district is essential to accomplish
the purposes of Section 52, Article III; Section 59, Article XVI; and
Section 52-a, Article III, Texas Constitution, and other public purposes
stated in this Act. 

SECTION 2.  DECLARATION OF INTENT.  (a)  Provides that the creation of the
district is necessary to promote, develop, encourage, and maintain
employment, commerce, transportation, housing, tourism, recreation, arts,
entertainment, economic development, safety, and the public welfare in the
Cy-Fair community of Harris County. 

(b)  Provides that the creation of the district and this legislation are
not to be interpreted to relieve the county from providing the level of
services, as of the effective date of this Act, to the area in the
district or to release the county from the obligations the county has to
provide services to that area.  Provides that the district is created to
supplement and not supplant the county services provided in the area in
the district. 

(c)  Provides that by creating the district and in authorizing the
municipality, 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 3.  DEFINITIONS.  Defines "board," "county," "district," and
"municipality." 

SECTION 4.  BOUNDARIES.  Provides that the district includes all the
territory contained in a certain area. 

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 certain
entities or plans and policies. 
 

SECTION 6.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  Provides that
all the land and other property included in the district will be
benefitted by the improvements and services to be provided by the district
under powers conferred by Section 52, Article III; Section 59, Article
XVI; and Section 52-a, Article III, Texas Constitution, and other powers
granted under this Act, and the district is created to serve a public use
and benefit. 

(b)  Provides that the creation of the district is in the public interest
and is essential to certain purposes. 

 (c)  Provides that the district will provide certain services.

(d)  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. 
 
(e)  Provides that the district will not act as the agent or
instrumentality of any private interest even though many private interests
will be benefitted by the district, as will the general public. 
 
SECTION 7.  APPLICATION OF OTHER LAW.  (a)  Provides that except as
otherwise provided by this Act, Chapter 375, Local Government Code,
applies to the district and its governing body and employees. 

 (b)  Provides that Chapter 311, Government Code, applies to this Act.
 
SECTION 8.  CONSTRUCTION OF ACT.  Requires this Act to be liberally
construed in conformity with the findings and purposes stated in this Act. 
 
SECTION 9.  BOARD OF DIRECTORS.  (a)  Provides that the district is
governed by a board of 11 directors who serve staggered terms of four
years, with six members' terms expiring May 1 of an odd-numbered year and
five members' terms expiring May 1 of the following odd-numbered year.
Authorizes the board to increase or decrease the number of directors on
the board by resolution, provided that it is in the best interest of the
district to do so and that the board consists of not fewer than nine and
not more than 30 directors.  Provides that a decrease in the number of
directors of the board does not affect the term of a member on the board
serving at the time of the decrease. 
 
(b)  Provides that the imposition of a tax, assessment, or impact fee
requires a vote of a majority of the directors serving. 
 
SECTION 10.  APPOINTMENT OF DIRECTORS; VACANCY.  Requires the county judge
and members of the governing body of the county to appoint directors from
persons recommended by the board who meet the qualifications of Chapter
375D, Local Government Code.  Requires a vacancy in the office of director
because of the death, resignation, or removal of a director to be filled
by the remaining members of the board by appointing a qualified person for
the unexpired term. 
 
SECTION 11.  POWERS OF DISTRICT.  Provides that the district has certain
powers. 

SECTION 12.  EMINENT DOMAIN.  Prohibits the district from exercising the
power of eminent domain. 
 
SECTION 13.  RELATION TO OTHER LAW.  Provides that if any provision of
general law, including a law referenced in this Act, is in conflict with
or is inconsistent with this Act, this Act prevails.  Provides that any
law referenced in this Act that is not in conflict or inconsistent with
this Act is adopted and incorporated by reference. 

 SECTION 14.  REQUIREMENTS FOR FINANCING SERVICES AND IMPROVEMENTS.
Prohibits the district from financing services and improvement projects
using special assessments unless a written petition requesting those
improvements or services has been filed with the board. Requires the
petition to be signed by certain persons. 
 
SECTION 15.  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 as, for the same
term as, and on the same conditions as the 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. 
 
(d)  Authorizes a nonprofit corporation created under this section to
implement any project and provide any services authorized by this Act. 
 
SECTION 16.  DISBURSEMENTS OR TRANSFERS OF MONEY.  Requires the board by
resolution to establish the number of directors' signatures and the
procedure required for a disbursement or transfer of the district's money. 
 
SECTION 17.  SALES AND USE TAX; EXCISE TAX.  (a)  Defines "taxable items"
and "use" for purposes of this section. 

(b)  Authorizes the district to impose a sales and use tax for the benefit
of the district if authorized by a majority of the qualified voters of the
district voting at an election called for that purpose. 

 (c)  Provides for certain sales and use taxes.

(d)  Provides that the rate of the excise tax is the same as the rate of
the sales tax portion of the tax applied to the sales price of the taxable
items and is included in the sales tax. 
 
SECTION 18.  SALES AND USE TAX ELECTION PROCEDURES.  (a)  Authorizes the
board by order to call an election to adopt, change the rate of, or
abolish a sales and use tax.  Authorizes the election to be held at the
same time and in conjunction with a confirmation or directors election. 
 
(b)  Requires the election to be held on the next uniform election date
that falls on or after the 45th day after the date the order calling the
election is adopted. 
 
(c)  Requires notice of the election to be given and the election to be
held and conducted in the manner prescribed for bond elections under
Chapter 49D, Water Code. 
 
(d)  Requires the ballot, in an election to adopt a tax, to be prepared to
permit voting for or against the proposition:  "The adoption of a local
sales and use tax in the Cy-Fair Community Improvement District at the
rate of (proposed tax rate)." 
 
(e)  Requires the ballot, in an election to change the rate of the tax, to
be prepared to permit voting for or against the proposition:  "The
(increase or decrease, as applicable) in the rate of the local sales and
use tax imposed in the Cy-Fair Community Improvement District from (tax
rate on election date) percent to (proposed tax rate) percent." 

(f)  Requires the ballot, in an election to abolish the tax, to be
prepared to permit voting  for or against the proposition:  "The abolition
of the local sales and use tax in the Cy-Fair Community Improvement
District." 

SECTION 19.  IMPOSITION, COMPUTATION, ADMINISTRATION, AND GOVERNANCE OF
SALES AND USE TAX.  (a)  Provides that Chapter 323, Tax Code, to the
extent not inconsistent with this Act, governs the imposition,
application, collection, and administration of a sales and use tax under
this Act, except that Sections 323.401-323.406 and  323.505, Tax Code, do
not apply.  Provides that Titles A and B, and Chapter 151, Tax Code,
govern the administration and enforcement of the taxes under this Act. 
 
(b)  Provides that the provisions of Sections 323.101(d) and (e), Tax
Code, apply to a sales and use tax authorized by this Act. 
 
(c)  Provides that Chapter 323, Tax Code, does not apply to the use and
allocation of revenues under this Act. 
 
(d)  Requires the district's name, in applying Chapter 323, Tax Code, to
be substituted for references in that chapter to "the county" and the
board to be substituted for references in that chapter to "commissioners
court." 

(e)  Provides that the adoption of a tax rate or change in the tax rate
takes effect after the expiration of the first complete calendar quarter
occurring after the date on which the comptroller receives a notice of the
results of the election. 
 
(f)  Authorizes the district to impose the sales and use tax under this
Act in increments of one-eighth of one percent, with a minimum tax of
one-half percent and a maximum tax of one percent. 
 
(g)  Authorizes the board by order to abolish the local sales and use tax
without an election. 
 
SECTION 20.  USE OF SALES AND USE TAX.  Authorizes revenue from a sales
and use tax imposed under this Act to be used only for the purposes for
which the district was created. 
 
SECTION 21.  SUBMISSION OF ANNEXATION INFORMATION.  Requires the board to
send to the comptroller a certified copy of any resolution, order, or
ordinance relating to the annexation or exclusion, not later than the 10th
day after the date on which the district annexes or excludes territory. 
 
SECTION 22.  BONDS.  (a)  Authorizes the district to issue bonds or other
obligations secured by or payable in whole or in part from ad valorem
taxes, assessments, impact fees, sales and use taxes, revenues, grants, or
other money of the district, or any combination of those sources of money,
to pay for any authorized purpose of the district. 
 
(b)  Authorizes the district, in exercising the district's borrowing
power, to issue a bond or other obligation in the form of a bond, note,
certificate of participation, or other instrument evidencing a
proportionate interest in payments to be made by the district, or other
type of obligation. 
 
(c)  Requires the district, except as provided by Subsection (d) of this
section, to obtain the approval of the applicable municipality prior to
the issuance of bonds for an improvement within the applicable
municipality's extraterritorial jurisdiction. 
 
(d)  Authorizes the district to finance the capital improvements and issue
bonds specified in the budget without further municipal approval, if the
district obtains the applicable municipality's approval of a capital
improvements budget. 
 
SECTION 23.  ASSESSMENTS.  (a)  Authorizes the board to impose and collect
an assessment for any purpose authorized by this Act. 
  
(b)  Provides that assessments, reassessments, or assessments resulting
from an addition to or correction of the assessment roll by the district,
penalties and interest on an assessment or reassessment, expenses of
collection, and reasonable attorney's fees incurred by the district follow
certain criteria. 

(c)  Provides that the lien is effective from the date of the resolution
of the board imposing the assessment until the date the assessment is
paid.  Authorizes the board to enforce the lien in the same manner,
including penalties and interest, that the board may enforce an ad valorem
tax lien against real property. 
 
SECTION 24.  PROPERTY EXEMPTED FROM TAX, FEE, OR ASSESSMENT.  (a)
Prohibits the district from imposing a tax, impact fee, or assessment on a
residential property, multi-unit residential property, or condominium. 
 
(b)  Prohibits the district from imposing an impact fee or assessment on
the property, equipment, or facilities of a public utility as defined by
Section 11.004, Utilities Code. 
 
SECTION 25.  ELECTIONS.  (a)  Requires the district, in addition to the
elections the district must hold under Chapter 375L, Local Government
Code, to hold an election in the manner provided by that subchapter to
obtain voter approval before the district imposes a maintenance tax or
issues bonds payable from ad valorem taxes or assessments. 
 
(b)  Authorizes the board to submit multiple purposes in a single
proposition at an election. 
 
SECTION 26.  MAINTENANCE TAX.  (a)  Authorizes the district, if authorized
at an election held in accordance with Section 25 of this Act, to impose
and collect an annual ad valorem tax on taxable property in the district
for the maintenance and operation of the district, for the construction
and acquisition of improvements, or for the provision of services. 
 
 (b)  Requires the board to determine the tax rate.
 
SECTION 27.  ANNEXATION OF CERTAIN TERRITORY BY GOVERNING BODY OF
MUNICIPALITY.  (a)  Authorizes the governing body of a municipality that
annexes for any purpose all or part of the territory of the district to
adopt an ordinance excluding that territory from the district. 
 
(b)  Requires the district, on adoption of an ordinance under Subsection
(a) of this section, to continue to levy and collect taxes and assessments
each year on the excluded territory at the same rate or amount levied on
territory in the district to meet its debt service obligations with
respect to the excluded territory's pro rata share of the indebtedness of
the district at the time the territory was excluded.  Requires the taxes
and assessments collected under this subsection to be applied exclusively
to the payment of the excluded territory's pro rata share of the
indebtedness; provided, however, that the district's sales taxes shall no
longer be levied within the excluded territory if the municipality
undertakes in writing to remit to the district monthly the excluded
territory's pro rata share of the indebtedness of the district to which
sales taxes of the district are pledged at the time the territory was
excluded, so long as such payment is timely made. 
 
SECTION 28.  LAW ENFORCEMENT.  Authorizes the district, to protect the
public interest, to contract with the municipality or the county for the
provision of law enforcement services in the district for a fee. 
 
SECTION 29.  CONTRACTS.  (a)  Authorizes the municipality, the county, or
another political subdivision of the state, without further authorization,
to contract with the district to implement a project of the district or
assist the district in providing the services authorized under this Act.
Authorizes a contract under this subsection to follow certain plans and
policies 
 
 (b)  Authorizes the district to enter into a contract, lease, or other
agreement with or make or accept grants and loans to or from certain
entities or persons. 

SECTION 30.  GENERAL AUTHORITY.  Authorizes the district to perform all
acts necessary for the full exercise of the powers vested in the district
on terms and for the period the board determines advisable. 
 
SECTION 31.  INITIAL DIRECTORS.  (a)  Provides that the initial board
consists of certain persons. 

(b)  Provides that of the initial directors, the terms of certain
directors expire on May 1, 2005, and the terms of certain directors expire
on May 1, 2007. 
 
 (c)  Provides that this section expires May 2, 2007.

SECTION 32.  Provides that the legislature finds that proper and legal
notice of the intention to introduce this Act, setting forth the general
substance of this Act, has been published as provided by law, and the
notice and a copy of this Act have been furnished to all persons,
agencies, officials, or entities to which they are required to be
furnished by the constitution and laws of this state, including the
governor, who has submitted the notice and Act to the Texas Commission on
Environmental Quality; the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives within
the required time; the general law relating to consent by political
subdivisions to the creation of districts with conservation, reclamation,
and road powers and the inclusion of land in those districts has been
complied with; and all requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect to the
notice, introduction, and passage of this Act have been fulfilled and
accomplished. 
 
SECTION 33.  Effective date:  upon passage or September 1, 2003.