BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 4091

                                                                                                                                       By: Coleman

                                                                                                                                      Urban Affairs

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The proposed committee substitute for House Bill No. 4091 expands the Harris County Improvement District No. 6.

 

The purpose of this legislation is to expand the management district to include both portions, East and West Montrose, into one management district.

 

This area consists of a combination of single family homes, condominiums, apartments, various arts and cultural venues and commercial development.

 

The management district will be used to preserve the artistic and cultural character of the district; improve safety and security in the community; beautify the community in order to maintain and increase property values; provide investment opportunities and enhance the quality of life for residents, business owners and customers.

 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a State officer, department, agency, or institution.

 

 

SECTION-BY-SECTION ANALYSIS

 

SECTION 1.  Provides that the board shall be expanded to 13 directors.

 

The directors shall serve staggered four year terms with six or seven directors' terms expiring June 1 of each odd-numbered year.

 

SECTION 2.  Provides the names and expiration dates of the initial board of directors.

 

This section also provides that Section 3843.051, Special District Local Law does not apply to this Act. Section 3843.051 provides the process the board must follow to expand the number of the board members.

 

SECTION 3.  Amends Section 2, Chapter 769, Acts of the 79th Legislature, to expand the borders of the Harris County Improvement District No. 6. 

 

SECTION 4.  Provides legislative findings of the Act: (1) proper notice of the intention to introduce this Act, and copies of this Act, have been furnished to all persons, agencies, officials, or entities that the constitution and laws of this state require; (2) the Texas Commission on Environmental Quality has filed its recommendations relating to this Act to the Governor, Lieutenant Governor, and Speaker of the House of Representatives within the required time; (3) general law relating to consent by political subdivisions to the creation of districts having the powers of this district has been complied with; (4) all requirements of the Constitution and laws of Texas, as well as the rules and procedures of the Legislature with respect to the notice, introduction, and passage of this Act, have been fulfilled and accomplished.

 

SECTION 5. Sets forth the effective date of the Act.

 

 

EFFECTIVE DATE

 

This Act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for the immediate effect, this Act takes effect September 1, 2007.

 

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The committee substitute is an official Texas Legislative Council draft and makes technical corrections.

 

The substitute expands the borders of the district and adds Allen Ueckert, Randy Mitchmore, and Catherine Caldwell to the board of directors.

 

The substitute also removes SECTION 4 of the original bill and renumbers the subsequent SECTIONS of the bill.