By: Jackson S.B. No. 1805
A BILL TO BE ENTITLED
AN ACT
relating to the creation and authority of the Galveston County
Management District No. 1; providing authority to levy an
assessment, impose taxes and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION OF DISTRICT. (a) Galveston County
Management District No. 1 is a special district created under
Section 59, Article XVI, Texas Constitution.
(b) The board by resolution may change the name of the
district.
SECTION 2. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "City" means the City of League City, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "County" means Galveston, County, Texas
(5) "District" means the Galveston County Management
District No. 1.
SECTION 3. DECLARATION OF INTENT. (a) 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 Act.
(b) 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 area of the district.
(c) The creation of the district and this legislation may
not be interpreted to relieve the county or the city from providing
the level of services provided, as of the effective date of this
Act, to the area in the district. The district is created to
supplement and not to supplant the county or city services provided
in the area in the district.
(d) By creating the district and in authorizing the city,
the 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. BOUNDARIES. The district includes all the
territory contained in the following described area:
BEGINNING at the Southeast corner of ABST 3 PAGE 12 S F AUSTIN SUR TR
46, Galveston County, Texas;
THENCE South 88° 49' 30" West, along the South line of Tract 46, a
distance of 2714.35 feet;
THENCE North 01° 12' 20" West a distance of 565.50 feet;
THENCE South 88° 50' 15" West, a distance of 746.38 feet to the
easterly right-of-way of Calder Road;
THENCE North 01° 12' 20" West a distance of 30 feet along the
easterly right-of-way of Calder Road;
THENCE North 88° 50' 15" East, a distance of 746.38 feet;
THENCE North 01° 12' 20" West a distance of 60 feet;
THENCE South 88° 50' 15" West, a distance of 746.38 feet to the
easterly right-of-way of Calder Road;
THENCE North 0° 55' 20" West a distance of 192.11 feet along the
easterly right-of-way of Calder Road;
THENCE North 89° 07' 15" East a distance of 748.10 feet;
THENCE North 0° 53' 20" West a distance of 250 feet;
THENCE South 89° 07' 15" West a distance of 750 feet to the easterly
right-of-way of Calder Road;
THENCE North 0° 55' 20" West a distance of 70 feet along the easterly
right-of-way of Calder Road;
THENCE North 89° 07' 15" East a distance of 1555 feet;
THENCE North 0° 53' 20" West a distance of 1110 feet;
THENCE North 89° 33' 07" East a distance of 690 feet to the westerly
right-of-way of Interstate 45;
THENCE South 27° 32' 00" East a distance of 1618.16 feet along the
westerly right-of-way of Interstate 45;
THENCE Southeasterly along the said right-of-way line of Interstate
45, being a curve with a Radius of 5877.65 feet, an Arc Length of
789.38 feet;
THENCE South 35° 28' 4l" East a distance of 483.31 feet along the
westerly right-of-way of Interstate 45;
THENCE South 00° 13' 16" West a distance of 77.21 feet back to the
Place of Beginning and containing approximately 97 acres of land,
more or less.
SECTION 5. FINDINGS RELATING TO BOUNDARIES. The boundaries
and field notes of the district form a closure. If a mistake is made
in the field notes or in copying the field notes in the legislative
process, the mistake does not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit. All
the land and other property included in the district will be
benefited by 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 Act.
(b) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of development and
diversification of the economy of the state; and
(2) eliminate unemployment and underemployment and
develop or expand transportation and commerce.
(c) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district and the general public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) further promote the health, safety, welfare, and
enjoyment of the public by providing pedestrian ways and by
landscaping and developing certain areas in the district, which are
necessary for the restoration, preservation, and enhancement of
scenic beauty.
(d) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(e) The district will not act as the agent or
instrumentality of any private interest even though many private
interests, as well as the general public, will be benefited by the
district.
SECTION 7. APPLICATION OF OTHER LAW. (a) Except as
otherwise provided by this Act, Chapter 375, Local Government Code,
applies to the district.
(b) Chapter 311, Government Code, applies to this Act.
SECTION 8. CONSTRUCTION OF ACT. This Act shall be liberally
construed in conformity with the findings and purposes stated in
this Act.
SECTION 9. BOARD OF DIRECTORS IN GENERAL. (a) Except as
provided by Subsection (c), the district is governed by a board of
five voting directors appointed under Section 10 and nonvoting
directors as provided by Section 11.
(b) Voting directors serve staggered terms of four years,
with three directors' terms expiring June 1 of an odd-numbered year
and two directors' terms expiring June 1 of the following
odd-numbered year.
(c) The board may increase or decrease the number of
directors on the board by resolution provided that it is in the best
interest of the district to do so and that the board consists of not
fewer than five and not more than 15 directors.
(d) A position as director on the board that is vacant for
any reason including death, resignation, disqualification, or
abstention from participation in a vote due to a conflict of
interest, is not counted for the purposes of determining the
requirements for a quorum of the board.
SECTION 10. APPOINTMENT OF DIRECTORS. The Commission shall
appoint voting directors from persons recommended by the board.
SECTION 11. NONVOTING DIRECTORS. (a) The Board may
appoint persons to serve as nonvoting directors.
(b) Nonvoting directors are not counted for the purposes of
determining the requirements for or establishing a quorum of the
board.
SECTION 12. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) 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, Local Government Code.
SECTION 13. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) an economic development corporation under Section
4B, Development Corporation Act of 1979 (Article 5190.6, Texas
Revised Civil Statutes), including the power to own, operate,
acquire, construct, lease, improve, and maintain projects
described by that section; and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district.
SECTION 14. NO EMINENT DOMAIN. Notwithstanding the
provisions of any other law, the district may not exercise the power
of eminent domain.
SECTION 15. AGREEMENTS; GRANTS. (a) The district may make
an agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
SECTION 16. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city to provide law enforcement
services in the district for a fee.
SECTION 17. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act on behalf of the district in implementing a project
or providing a service authorized by this Act.
(b) The board shall appoint the board of directors of a
nonprofit corporation created under this section. The board of
directors of the nonprofit corporation shall serve in the same
manner as the board of directors of a local government corporation
created under Chapter 431, Transportation Code; provided that they
need not live in the district.
(c) A nonprofit corporation created under this section has
the powers of and is considered for purposes of this Act to be a
local government corporation created under Chapter 431,
Transportation Code.
(d) A nonprofit corporation created under this section may
implement any project and provide any service authorized by this
Act.
SECTION 18. ASSESSMENTS. (a) The board by resolution may
impose and collect an assessment in all or part of the district for
any purpose authorized by this Act.
(b) Assessments, including assessments resulting from an
addition to or correction of the assessment roll by the district,
reassessments, penalties and interest on an assessment or
reassessment, expenses of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the resolution of
the board imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) Without necessity of notice and hearing in the manner
required for additional assessments, the board may make corrections
to or deletions from the assessment roll provided that such
corrections or deletions do not increase the amount of assessment
of any parcel of land.
SECTION 19. REQUIREMENTS FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The district may acquire, construct, finance,
operate and maintain any improvement or service authorized pursuant
to this Act or Chapter 375, Local Government Code, using all funds
available to the district. A petition is only required to finance a
service or improvement if such service or improvement is to be
financed with assessments. In such event, a written petition
requesting the improvement or service must have 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 assessment as determined
by the most recent certified tax appraisal roll for the county; or
(2) 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
the county.
(b) The required notice of public hearings to be mailed to
property owners subject to assessment may be mailed or delivered by
certified mail or an equivalent service that can provide a record of
delivery or mailing.
SECTION 20. UTILITIES. The district may not impose an
impact fee or assessment on the property, equipment, rights of way,
facilities, or improvements of an electric utility or a power
generation company as defined by Section 31.002, Utilities Code, a
gas utility as defined by Section 101.003 or 121.001, Utilities
Code, a telecommunications provider as defined by Section 51.002,
Utilities Code, or of a person that provides to the public cable
television or advanced telecommunications services. If the
district, in the exercise of the powers conferred on it by this Act,
requires or requests the relocation, rerouting, or removal of
electric, gas, water, sewer, communications, or other public
utilities, as defined by Sections 31.002, 101.003, 121.001, or
51.002, Utilities Code, the relocation, rerouting, or removal shall
be at the sole expense of the district.
SECTION 21. BONDS. (a) The district may issue bonds or
other obligations, by competitive bid or negotiated sale, payable
in whole or in part from ad valorem 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) In exercising the district's borrowing power, the
district may 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.
(c) At the time bonds payable in whole or in part from ad
valorem taxes are issued, the board shall levy a continuing direct
annual ad valorem tax for each year while all or part of the bonds
are outstanding on all taxable property within the district in
sufficient amount to pay the interest on the bonds as it becomes due
and to create a sinking fund for the payment of the principal of the
bonds when due or the redemption price at any earlier required
redemption date and to pay the expenses of assessing and collecting
taxes.
SECTION 22. ELECTIONS. (a) The district shall 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) The board may include more than one purpose in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district.
SECTION 23. AD VALOREM TAX. (a) If authorized at an
election held in accordance with Section 21, the district may
impose an annual ad valorem tax on taxable property in the district
for the acquisition, construction, financing, maintenance and
operation of the district and the improvements constructed or
acquired by the district or for the provision of services.
(b) The board shall determine the tax rate.
SECTION 24. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district.
SECTION 25. DISBURSEMENTS OR TRANSFERS OF MONEY. The board
by resolution shall establish the number of directors' signatures
and the procedure required for a disbursement or transfer of the
district's money.
SECTION 26. COMPETITIVE BIDDING LIMIT. Section 375.221,
Local Government Code, applies to the district only for a contract
that has a value greater than $25,000.
SECTION 27. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply
to the district.
SECTION 28. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
Pos. No. Name of Director
1 Brian K. Yates
2 E. John Justema
3 Tod A Ruble
4 Steve Whynott
5 David R. Hearne
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2009, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2007.
(c) Section 10 does not apply to this section.
(d) This section expires September 1, 2007.
SECTION 29. TAX AND ASSESSMENT ABATEMENTS. Without further
authorization or other procedural requirement, the district may
grant, consistent with Chapter 312, Tax Code, an abatement for a tax
or assessment owed to the district.
SECTION 30. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that enjoys
tax-exempt status under Sections 501(c)(3), (4), or (6), Internal
Revenue Code of 1986, as amended, and that performs services or
provides activities consistent with the furtherance of the purposes
of the district. An expenditure of public money for membership in
the organization is considered to further the purposes of the
district and to be for a public purpose.
SECTION 31. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible,
notwithstanding other statutory criteria, to be included in a tax
increment reinvestment zone created by the city under Chapter 311,
Tax Code, or included in a tax abatement reinvestment zone created
by the city under Chapter 312, Tax Code. All or any part of the area
of the district is also eligible to be included in an enterprise
zone created by the city under Chapter 2303, Government Code.
SECTION 32. ECONOMIC DEVELOPMENT PROGRAMS. 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. The district has
all of the powers and authority of a municipality under Chapter 380,
Local Government Code.
SECTION 33. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) proper and legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) 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 have
been fulfilled and accomplished.
SECTION 34. EFFECTIVE DATE. 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, 2005.