BILL ANALYSIS
Senate Research Center S.B. 1880
By: Ellis
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
As proposed, S.B. 1880: alters the boundaries of the existing Buffalo Bayou Management District to only include the area in one state house district; amends the board of directors for the Buffalo Bayou Management District to have 11 voting directors instead of an unmanageable 31 directors and alters the names accordingly; amends the petition process for financing services and improvements to give the district an option of receiving a petition from either a majority of the property owners in the district or 50 persons owning real property in the district; creates the Fourth Ward Management District, which mirrors the amended Buffalo Bayou district provisions except for the name of the district, boundaries, and names of the board of directors; and creates the East Montrose Management District, which mirrors the amended Buffalo Bayou district provisions except for the name of the district, boundaries, and names of the board of directors.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 4, Chapter 997, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
Sec. 4. BOUNDARIES. Sets forth the boundaries of the Buffalo Bayou Management District (district).
SECTION 2. Amends Sections 9(a) and (b), Chapter 997, Acts of the 78th Legislature, Regular Session, 2003, as follows:
(a) Provides that the district is governed by a board of 11, rather than 31, voting directors appointed under Section 10 of this Act and nonvoting directors as provided by Section 11 of this Act.
(b) Provides that voting directors serve staggered terms of four years, with six, rather than 15, directors' terms expiring June 1 of an odd-numbered year and five, rather than 16, directors' terms expiring June 1 of the following odd-numbered year.
SECTION 3. Amends Section 17, Chapter 997, Acts of the 78th Legislature, Regular Session, 2003, to require the petition [for financing a service or improvement] to be signed by at least 50 persons who own real property in the district, if more than 50 persons own real property in the district as determined by the most recent certified tax appraisal roll for Harris County.
SECTION 4. Amends Sections 31(a), (b), and (d), Chapter 997, Acts of the 78th Legislature, Regular Session, 2003, as follows:
(a) Sets forth the members of the board of directors of the district (board) and makes a conforming change.
(b) Provides that, of these directors, the terms of directors appointed for positions 1 through 5, rather than 15, expire June 1, 2007, rather than 2005, and the terms of directors appointed for positions 6, rather than 16, through 11, rather than 31, expire June 1, 2009, rather than 2007. Makes conforming changes.
(d) Provides that this section expires September 1, 2009. Makes a conforming change.
SECTION 5. Amends Subtitle C, Title 4, Special District Local Laws Code, by adding Chapter 3848, as follows:
CHAPTER 3848. EAST MONTROSE MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3848.001. DEFINITIONS. Defines "board" and "district."
Sec. 3848.002. EAST MONTROSE MANAGEMENT DISTRICT. Provides that the East Montrose Management District (district) is a special district created under Section 59 (Conservation and Development of Natural Resources and Parks and Recreational Facilities; Conservation and Reclamation Districts), Article XVI (General Provisions), Texas Constitution.
Sec. 3848.003. PURPOSE; DECLARATION OF INTENT. (a) Provides that the creation of the district is essential to accomplish the purposes of Sections 52 (Counties, Cities or Other Political Corporations or Subdivisions; Lending Credit; Grants; Bonds) and 52-a (Loan or Grant of Public Money for Economic Development), Article III (Legislative Department), and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. Provides that 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.
(b) Provides that the creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c) Prohibits this chapter and the creation of the district from being interpreted to relieve Harris County or the City of Houston from providing the level of services provided as of the effective date of the Act enacting this chapter, to the area in the district. Provides that the district is created to supplement and not to supplant the county or city services provided in the area in the district.
Sec. 3848.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) Provides that the district is created to serve a public use and benefit.
(b) Provides that all land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c) Provides that the creation of the district is in the public interest and is essential to serve certain purposes.
(d) Provides that the district will perform certain functions.
(e) Provides that pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(f) Provides that the district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Sec. 3848.005. DISTRICT TERRITORY. (a) Provides that the district is composed of the territory described by Section 6 of the Act enacting this chapter, as that territory may have been modified under certain statutes.
(b) Provides that the boundaries and field notes of the district contained in Section 6 of the Act enacting this chapter form a closure. Provides that a mistake in the field notes or in copying the field notes in the legislative process does not in any way affect certain aspects of the district.
Sec. 3848.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. Provides that all or any part of the area of the district is eligible to be included in certain zones created by the City of Houston under various statutes.
Sec. 3848.007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Provides that, except as otherwise provided by this chapter, Chapter 375 (Municipal Management Districts in General), Local Government Code, applies to the district.
Sec. 3848.008. LIBERAL CONSTRUCTION OF CHAPTER. Requires this chapter to be liberally construed in conformity with the findings and purposes stated in this chapter.
[Reserves Sections 3848.009-3848.050 for expansion.]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3848.051. BOARD OF DIRECTORS; TERMS. (a) Provides that the district is governed by a board of 11 voting directors (board) who serve staggered terms of four years, with five or six directors' terms expiring June 1 of each odd-numbered year.
(b) Authorizes the board by resolution to change the number of voting directors on the board, but only if the board determines that the change is in the best interest of the district. Prohibits the board from consisting of fewer than five voting directors.
Sec. 3848.052. APPOINTMENT OF DIRECTORS. Requires the mayor and members of the governing body of the City of Houston to appoint directors from persons recommended by the board. Provides that a person is appointed if a majority of the members of the governing body, including the mayor, vote to appoint that person.
Sec. 3848.053. NONVOTING DIRECTORS. (a) Provides that persons representing specific municipal departments serve as nonvoting directors.
(b) Authorizes the board, if a department described by Subsection (a) is consolidated, renamed, or changed, to appoint a director of the consolidated, renamed, or changed department as a nonvoting director. Authorizes the board, if a department described by Subsection (a) is abolished, to appoint a representative of another department that performs duties comparable to those performed by the abolished department.
Sec. 3848.054. QUORUM. Provides that nonvoting directors are not counted for the purposes of establishing a board quorum.
Sec. 3848.055. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a) Provides that a director is authorized to participate in all board votes and decisions and Chapter 171 (Regulations of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments), Local Government Code, governs conflicts of interest for directors, except as provided by this section.
(b) Provides that Section 171.004 (Affidavit and Abstention From Voting Required), Local Government Code, does not apply to the district. Requires a director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action to file a one-time affidavit declaring the interest. Provides that an additional affidavit is not required if the director's interest changes. Authorizes the director, after the affidavit is filed with the board secretary, to participate in a discussion or vote on that action if certain conditions are present.
(c) Prohibits a director who is also an officer or employee of a public entity from participating in the discussion of or vote on a matter regarding a contract with that public entity.
(d) Provides that, for purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002 (Substantial Interest in Business Entity), Local Government Code.
Sec. 3848.056. INITIAL VOTING DIRECTORS. (a) Sets forth the voting directors that compose the initial board.
(b) Provides that, of the initial directors, the terms of directors appointed for positions 1 through 6 expire June 1, 2007, and the terms of directors appointed for positions 7 through 11 expire June 1, 2009.
(c) Provides that Section 3848.052 does not apply to this section.
(d) Provides that this section expires September 1, 2009.
[Reserves Sections 3848.057-3848.100 for expansion.]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3848.101. ADDITIONAL POWERS OF DISTRICT. Authorizes the district to exercise the powers given to certain corporations.
Sec. 3848.102. NONPROFIT CORPORATION. (a) Authorizes the board by resolution to authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.
(b) Provides that the nonprofit corporation has certain powers and authority.
(c) Requires the board to appoint the board of directors of the nonprofit corporation. Requires the board of directors of the nonprofit corporation to serve in the same manner as the board of directors of a local government corporation created under Chapter 431 (Texas Transportation Corporation Act), Transportation Code.
Sec. 3848.103. AGREEMENTS; GRANTS. (a) Authorizes the district to make an agreement with or accept a gift, grant, or loan from any person.
(b) Provides that the implementation of a project is a governmental function or service for the purposes of Chapter 791 (Interlocal Cooperation Contracts), Government Code.
Sec. 3848.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. Authorizes the district, to protect the public interest, to contract with Harris County or the City of Houston to provide law enforcement services in the district for a fee.
Sec. 3848.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. Authorizes the district to join and pay dues to certain organizations.
Sec. 3848.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) Authorizes the district to establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to provide certain services.
(b) Provides that, for purposes of this section, the district has all of the powers of a municipality under Chapter 380 (Miscellaneous Provisions Relating to Municipal Planning and Development), Local Government Code.
Sec. 3848.107. NO EMINENT DOMAIN. Prohibits the district from exercising the power of eminent domain.
[Reserves Sections 3848.108-3848.150 for expansion.]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3848.151. DISBURSEMENTS AND 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.
Sec. 3848.152. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) Prohibits the board from financing a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b) Sets forth signature requirements for a petition filed under Subsection (a).
Sec. 3848.153. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) Authorizes the board by resolution to impose and collect an assessment for any purpose authorized by this chapter.
(b) Provides that an assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district are a first and prior lien. Sets forth certain characteristics of said liens.
(c) Provides that the lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. Authorizes the board to enforce the lien in the same manner that the board is authorized to enforce an ad valorem tax lien against real property.
(d) Authorizes the board to make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Sec. 3848.154. MAINTENANCE TAX. (a) Authorizes the district, if authorized at an election held in accordance with Section 3848.157, to impose an annual ad valorem tax on taxable property in the district for certain district purposes.
(b) Requires the board to determine the tax rate.
Sec. 3848.155. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS. Prohibits the district from imposing an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of certain utilities and persons.
Sec. 3848.156. BONDS AND OTHER OBLIGATIONS. (a) Authorizes the district to issue bonds or other obligations payable wholly or partly from taxes, assessments, impact fees, revenue, 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 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.
Sec. 3848.157. TAX AND BOND ELECTIONS. (a) Requires the district to hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval before the district imposes an ad valorem tax or issues bonds payable from ad valorem taxes.
(b) Authorizes the board to include more than one purpose in a single proposition at an election.
(c) Provides that Section 375.243 (Petition Required for Bond Election), Local Government Code, does not apply to the district.
Sec. 3848.158. CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS. Provides that, except as provided by Section 375.263 (Dissolution by Municipal Ordinance), Local Government Code, the City of Houston is not required to pay a bond, note, or other obligation of the district.
Sec. 3848.159. COMPETITIVE BIDDING. Provides that Section 375.221 (Competitive Bidding on Certain Public Works Contracts), Local Government Code, applies to the district only for a contract that has a value greater than $15,000.
Sec. 3848.160. TAX AND ASSESSMENT ABATEMENTS. Authorizes the district to grant in the manner authorized by Chapter 312 (Property Redevelopment and Tax Abatement Act), Tax Code, an abatement for a tax or assessment owed to the district.
[Reserves Sections 3848.161-3848.200 for expansion.]
SUBCHAPTER E. DISSOLUTION
Sec. 3848.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT. (a) Authorizes the board to dissolve the district regardless of whether the district has debt. Provides that Section 375.264 (Limitation), Local Government Code, does not apply to the district.
(b) Requires the district to remain in existence solely for the purpose of discharging its debts if the district has debt when it is dissolved. Provides that the dissolution is effective when all debts have been discharged.
SECTION 6. Sets forth the boundaries of the East Montrose Management District.
SECTION 7. Amends Subtitle C, Title 4, Special District Local Laws Code, by adding Chapter 3849, as follows:
CHAPTER 3849. FOURTH WARD MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3849.001. DEFINITIONS. Defines "board" and "district."
Sec. 3849.002. FOURTH WARD MANAGEMENT DISTRICT. Provides that the Fourth Ward Management District (district) is a special district created under Section 59, Article XVI, Texas Constitution.
Sec. 3849.003. PURPOSE; DECLARATION OF INTENT. (a) Provides that the creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. Provides that 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.
(b) Provides that the creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c) Prohibits this chapter and the creation of the district from being interpreted to relieve Harris County or the City of Houston from providing the level of services provided as of the effective date of the Act enacting this chapter, to the area in the district. Provides that the district is created to supplement and not to supplant the county or city services provided in the area in the district.
Sec. 3849.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) Provides that the district is created to serve a public use and benefit.
(b) Provides that all land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c) Provides that the creation of the district is in the public interest and is essential to serve certain purposes.
(d) Provides that the district will perform certain functions.
(e) Provides that pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(f) Provides that the district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Sec. 3849.005. DISTRICT TERRITORY. (a) Provides that the district is composed of the territory described by Section 8 of the Act enacting this chapter, as that territory may have been modified under certain statutes.
(b) Provides that the boundaries and field notes of the district contained in Section 8 of the Act enacting this chapter form a closure. Provides that a mistake in the field notes or in copying the field notes in the legislative process does not in any way affect certain aspects of the district.
Sec. 3849.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. Provides that all or any part of the area of the district is eligible to be included in certain zones created by the City of Houston.
Sec. 3849.007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Provides that, except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Sec. 3849.008. LIBERAL CONSTRUCTION OF CHAPTER. Requires this chapter to be liberally construed in conformity with the findings and purposes stated in this chapter.
[Reserves Sections 3849.009-3849.050 for expansion.]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3849.051. BOARD OF DIRECTORS; TERMS. (a) Provides that the district is governed by a board of 11 voting directors (board) who serve staggered terms of four years, with five or six directors' terms expiring June 1 of each odd-numbered year.
(b) Authorizes the board by resolution to change the number of voting directors on the board, but only if the board determines that the change is in the best interest of the district. Prohibits the board from consisting of fewer than five voting directors.
Sec. 3849.052. APPOINTMENT OF DIRECTORS. Requires the mayor and members of the governing body of the City of Houston to appoint directors from persons recommended by the board. Provides that a person is appointed if a majority of the members of the governing body, including the mayor, vote to appoint that person.
Sec. 3849.053. NONVOTING DIRECTORS. (a) Sets forth persons representing specific municipal departments who serve as nonvoting directors.
(b) Authorizes the board, if a department described by Subsection (a) is consolidated, renamed, or changed, to appoint a director of the consolidated, renamed, or changed department as a nonvoting director. Authorizes the board, if a department described by Subsection (a) is abolished, to appoint a representative of another department that performs duties comparable to those performed by the abolished department.
Sec. 3849.054. QUORUM. Provides that nonvoting directors are not counted for the purposes of establishing a board quorum.
Sec. 3849.055. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a) Provides that a director is authorized to participate in all board votes and decisions and Chapter 171 (Regulations of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments), Local Government Code, governs conflicts of interest for directors except as provided by this section:
(b) Provides that Section 171.004 (Affidavit and Abstention From Voting Required), Local Government Code, does not apply to the district. Requires a director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action to file a one-time affidavit declaring the interest. Provides that an additional affidavit is not required if the director's interest changes. Authorizes the director, after the affidavit is filed with the board secretary, to participate in a discussion or vote on that action if certain conditions are present.
(c) Prohibits a director who is also an officer or employee of a public entity from participating in the discussion of or vote on a matter regarding a contract with that public entity.
(d) Provides that, for purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002 (Substantial Interest in Business Entity), Local Government Code.
Sec. 3849.056. INITIAL VOTING DIRECTORS. (a) Sets forth the voting directors composing the initial board.
(b) Provides that, of the initial directors, the terms of directors appointed for positions 1 through 6 expire June 1, 2007, and the terms of directors appointed for positions 7 through 11 expire June 1, 2009.
(c) Provides that Section 3849.052 does not apply to this section.
(d) Provides that this section expires September 1, 2009.
[Reserves Sections 3849.057-3849.100 for expansion.]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3849.101. ADDITIONAL POWERS OF DISTRICT. Authorizes the district to exercise the powers given to certain corporations.
Sec. 3849.102. NONPROFIT CORPORATION. (a) Authorizes the board by resolution to authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.
(b) Provides that the nonprofit corporation has certain powers and authority.
(c) Requires the board to appoint the board of directors of the nonprofit corporation. Requires the board of directors of the nonprofit corporation to serve in the same manner as the board of directors of a local government corporation created under Chapter 431 (Texas Transportation Corporation Act), Transportation Code.
Sec. 3849.103. AGREEMENTS; GRANTS. (a) Authorizes the district to make an agreement with or accept a gift, grant, or loan from any person.
(b) Provides that the implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
Sec. 3849.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. Authorizes the district, to protect the public interest, to contract with Harris County or the City of Houston to provide law enforcement services in the district for a fee.
Sec. 3849.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. Authorizes the district to join and pay dues to certain organizations.
Sec. 3849.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) Authorizes the district to establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to serve certain purposes.
(b) Provides that, for purposes of this section, the district has all of the powers of a municipality under Chapter 380, Local Government Code.
Sec. 3849.107. NO EMINENT DOMAIN. Prohibits the district from exercising the power of eminent domain.
[Reserves Sections 3849.108-3849.150 for expansion.]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3849.151. DISBURSEMENTS AND 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.
Sec. 3849.152. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) Prohibits the board from financing a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b) Sets forth signature requirements for a petition filed under Subsection (a).
Sec. 3849.153. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) Authorizes the board by resolution to impose and collect an assessment for any purpose authorized by this chapter.
(b) Provides that an assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district are a first and prior lien. Sets forth certain characteristics of said liens.
(c) Provides that the lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. Authorizes the board to enforce the lien in the same manner that the board is authorized to enforce an ad valorem tax lien against real property.
(d) Authorizes the board to make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Sec. 3849.154. MAINTENANCE TAX. (a) Authorizes the district, if authorized at an election held in accordance with Section 3848.157, to impose an annual ad valorem tax on taxable property in the district for certain district purposes.
(b) Requires the board to determine the tax rate.
Sec. 3849.155. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS. Prohibits the district from imposing an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of certain utilities and persons.
Sec. 3849.156. BONDS AND OTHER OBLIGATIONS. (a) Authorizes the district to issue bonds or other obligations payable wholly or partly from taxes, assessments, impact fees, revenue, 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 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.
Sec. 3849.157. TAX AND BOND ELECTIONS. (a) Requires the district to hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval before the district imposes an ad valorem tax or issues bonds payable from ad valorem taxes.
(b) Authorizes the board to include more than one purpose in a single proposition at an election.
(c) Provides that Section 375.243 (Petition Required for Bond Election), Local Government Code, does not apply to the district.
Sec. 3849.158. CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS. Provides that, except as provided by Section 375.263 (Dissolution by Municipal Ordinance), Local Government Code, the City of Houston is not required to pay a bond, note, or other obligation of the district.
Sec. 3849.159. COMPETITIVE BIDDING. Provides that Section 375.221 (Competitive Bidding on Certain Public Works Contracts), Local Government Code, applies to the district only for a contract that has a value greater than $15,000.
Sec. 3849.160. TAX AND ASSESSMENT ABATEMENTS. Authorizes the district to grant in the manner authorized by Chapter 312 (Property Redevelopment and Tax Abatement Act), Tax Code, an abatement for a tax or assessment owed to the district.
[Reserves Sections 3849.161-3849.200 for expansion.]
SUBCHAPTER E. DISSOLUTION
Sec. 3849.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT. (a) Authorizes the board to dissolve the district regardless of whether the district has debt. Provides that Section 375.264 (Limitation), Local Government Code, does not apply to the district.
(b) Requires the district to remain in existence solely for the purpose of discharging its debts if the district has debt when it is dissolved. Provides that the dissolution is effective when all debts have been discharged.
SECTION 8. Sets forth the boundaries of the district.
SECTION 9. Provides that 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 are fulfilled and accomplished.
SECTION 10. Effective date: upon passage or September 1, 2005.