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