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By: Janek S.B. No. 1887
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of the board of directors of and to the
powers of the Westchase Area Management District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 376.050, Local Government Code, is
amended to read as follows:
Sec. 376.050. APPOINTMENT OF DIRECTORS; VACANCY. The mayor
and members of the governing body of the municipality shall appoint
directors from persons recommended by the board. A vacancy in the
office of director because of the death, resignation, or removal of
a director shall be filled by the remaining members of the board by
appointing a qualified person for the unexpired term. The mayor and
members of the governing body of the municipality are authorized to
and shall endeavor to appoint as directors [for the positions
indicated] persons representing the following interests:
(1) [positions 1, 11, and 12 must represent] owners of
multifamily rental housing with a minimum of 200 rental units;
(2) lessees [position 2 must be a lessee] of office
space of at least 30,000 square feet of rentable area;
(3) [positions 9 and 10 must represent] owners of
office facilities with a minimum of 500 employees or taxable value
in excess of $10 million;
(4) [positions 8, 13, and 14 must represent] owners of
multitenant office buildings;
(5) [position 15 must represent] owners of multitenant
retail property or major retail tenants [of 20,000 square feet or
more];
(6) [position 16 must represent] owners of temporary
lodging facilities with on-site food service;
(7) [position 17 must represent] owners of undeveloped
property with a contiguous area of 5 acres or more; and
(8) [positions 3, 4, 5, 6, and 7 must represent] the
district at large, and any person qualified to serve on the board as
provided by Section 375.063 may be appointed to represent the
district at large [for those positions].
SECTION 2. Subsection (a), Section 376.052, Local
Government Code, is amended to read as follows:
(a) The district has:
(1) all powers necessary or required to accomplish the
purposes for which the district was created;
(2) the rights, powers, privileges, authority, and
functions of a district created under Chapter 375;
(3) the powers given to a corporation under Section
4B, the Development Corporation Act of 1979 (Article 5190.6,
Vernon's Texas Civil Statutes), and the power to own, operate,
acquire, construct, lease, improve, and maintain projects
described by that section;
(4) the power to impose ad valorem taxes, assessments,
or impact fees in accordance with Chapter 375 to provide
improvements and services for a project or activity the district is
authorized to acquire, construct, improve, or provide under this
subchapter;
(5) the power to correct, add to, or delete
assessments from its assessment rolls after notice and hearing as
provided by Subchapter F, Chapter 375; [and]
(6) the power to grant, without additional procedures,
abatements for taxes or assessments owed to the district under
Chapter 312, Tax Code;
(7) the power to solicit, market, or otherwise promote
and secure telecommunications services for properties within the
district, including the right to partner with one or more
telecommunications companies to make such services available to
properties in the district, provided that the facilities to provide
the services are privately owned and operated or leased to a private
entity; and
(8) the power to finance, acquire, lease as a lessor or
lessee, construct, improve, operate, or maintain conference and
convocation centers and supporting facilities and to enter into
long-term operating agreements with public entities or private
persons or entities.
SECTION 3. (a) The legislature validates and confirms all
governmental acts and proceedings of the Westchase Area Management
District 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 of competent jurisdiction; or
(2) has been held invalid by a court of competent
jurisdiction.
SECTION 4. 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.