H.B. No. 3587
AN ACT
relating to powers, duties, and name of the Energy Corridor
Management District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter K, Chapter 376, Local
Government Code, as added by Chapter 1376, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
SUBCHAPTER K. HARRIS COUNTY IMPROVEMENT
[ENERGY CORRIDOR MANAGEMENT] DISTRICT NO. 4
SECTION 2. Section 376.451(a), Local Government Code, as
added by Chapter 1376, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(a) The Harris County Improvement [Energy Corridor
Management] District No. 4 is created as a special district under
Section 59, Article XVI, Texas Constitution.
SECTION 3. Section 376.452, Local Government Code, as added
by Chapter 1376, Acts of the 77th Legislature, Regular Session,
2001, is amended by adding Subsection (d) to read as follows:
(d) 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. Section 376.453(3), Local Government Code, as
added by Chapter 1376, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(3) "District" means the Harris County Improvement
[Energy Corridor Management] District No. 4.
SECTION 5. Section 376.459, Local Government Code, as added
by Chapter 1376, Acts of the 77th Legislature, Regular Session,
2001, is amended by adding Subsection (d) to read as follows:
(d) If the board determines that it is in the best interest
of the district, the board by resolution may 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. Section 376.461, Local Government Code, as added
by Chapter 1376, Acts of the 77th Legislature, Regular Session,
2001, is amended by adding Subsection (c) to read as follows:
(c) A nonvoting director is not included for the purpose of
establishing a board quorum.
SECTION 7. Section 376.464(a), Local Government Code, as
added by Chapter 1376, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(a) The district may exercise the powers given to a
corporation created under Section 4B, Development Corporation Act
of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), including
the power to own, operate, acquire, construct, lease, improve, or
maintain a project described by that section.
SECTION 8. Section 376.467, Local Government Code, as added
by Chapter 1376, Acts of the 77th Legislature, Regular Session,
2001, is amended to read as follows:
Sec. 376.467. REQUIREMENTS FOR FINANCING SERVICES AND
IMPROVEMENTS. The board may not finance 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. The petition must be signed by:
(1) 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
(2) at least 25 persons who own real property [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. Section 376.468, Local Government Code, as added
by Chapter 1376, Acts of the 77th Legislature, Regular Session,
2001, is amended by amending Subsection (a) and adding Subsection
(c) to read as follows:
(a) The [In addition to the elections the district must hold
under Subchapter L, Chapter 375, the] district shall hold an
election in the manner provided by Subchapter L, Chapter 375, [that
subchapter] to obtain voter approval before the district imposes a
maintenance tax or issues bonds payable from ad valorem taxes [or
assessments].
(c) Section 375.243 does not apply to the district.
SECTION 10. Section 376.470, Local Government Code, as
added by Chapter 1376, Acts of the 77th Legislature, Regular
Session, 2001, is amended by adding Subsection (d) to read as
follows:
(d) The board may 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. Subchapter K, Chapter 376, Local Government
Code, as added by Chapter 1376, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Sections 376.478,
376.479, 376.480, and 376.481 to read as follows:
Sec. 376.478. TAX AND ASSESSMENT ABATEMENTS. The district
may 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. The
district may join and pay dues to an organization that:
(1) 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
(2) performs services or provides activities
consistent with the furtherance of the purposes of the district.
Sec. 376.480. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
municipality under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
municipality under Chapter 312, Tax Code; or
(3) an enterprise zone created by the municipality
under Chapter 2303, Government Code.
Sec. 376.481. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may 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) For purposes of this section, the district has all of
the powers and authority of a municipality under Chapter 380.
SECTION 12. Sections 376.459(c) and 376.460(b), Local
Government Code, as added by Chapter 1376, Acts of the 77th
Legislature, Regular Session, 2001, are repealed.
SECTION 13. (a) 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) This section does not apply to any matter that on the
effective date of this Act:
(1) 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
(2) has been held invalid by a court with
jurisdiction.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3587 was passed by the House on May
23, 2003, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3587 on May 30, 2003, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3587 on May 31, 2003, by the following vote: Yeas 142,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3587 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3587 on June 1, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor