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By:  Janek                                                        S.B. No. 1887
	(In the Senate - Filed March 26, 2003; March 27, 2003, read 
first time and referred to Committee on Intergovernmental 
Relations; April 29, 2003, reported favorably by the following 
vote:  Yeas 5, Nays 0; April 29, 2003, sent to printer.)


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.



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