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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Spectrum Management District; |
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providing authority to levy an assessment, impose a tax, and issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SPECTRUM MANAGEMENT DISTRICT. Subtitle C, Title |
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4, Special District Local Laws Code, is amended by adding Chapter |
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3840 to read as follows: |
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CHAPTER 3840. SPECTRUM MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3840.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "District" means the Spectrum Management |
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District. |
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Sec. 3840.002. SPECTRUM MANAGEMENT DISTRICT. The Spectrum |
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Management District is a special district created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 3840.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the City of |
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Pearland, Harris County, and other political subdivisions to |
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contract with the district, the legislature has established a |
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program to accomplish the public purposes set out in Section 52-a, |
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Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve Harris County and the City of Pearland from |
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providing the level of services provided as of the effective date of |
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the Act enacting this chapter, to the area in the district. The |
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district is created to supplement and not to supplant the county or |
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city services provided in the area in the district. |
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Sec. 3840.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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(4) provide for water, wastewater, and drainage needs |
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of the district; and |
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(5) provide for recreational facilities, sports |
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arenas, and other athletic facilities. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3840.005. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under: |
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(1) Subchapter J, Chapter 49, Water Code; or |
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(2) other law. |
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(b) The boundaries and field notes of the district contained |
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in Section 2 of the Act enacting this chapter form a closure. A |
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mistake in the field notes or in copying the field notes in the |
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legislative process does not in any way affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3840.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created by a |
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municipality under Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created by a |
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municipality under Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 3840.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. (a) Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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(b) Subchapter B, Chapter 375, and Sections 375.064(f), |
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375.069, 375.070, 375.071, 375.113, and 375.114, Local Government |
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Code, do not apply to the district. |
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Sec. 3840.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3840.009-3840.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3840.051. COMPOSITION; TERMS. (a) The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may change the number of voting |
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directors on the board, but only if the board determines that the |
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change is in the best interest of the district. The board may not |
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consist of fewer than five or more than 15 voting directors. |
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Sec. 3840.052. APPOINTMENT OF DIRECTORS. (a) The mayor and |
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the governing body of the City of Pearland shall appoint voting |
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directors from persons recommended by the board. |
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(b) A person is appointed if a majority of the members of the |
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governing body, including the mayor, vote to appoint that person. |
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Sec. 3840.053. DISQUALIFICATION. Section 49.052, Water |
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Code, does not apply to the district. |
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Sec. 3840.054. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3840.055. QUORUM. For purposes of determining the |
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requirements for a quorum, the following are not counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3840.056. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
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Name of Director |
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(b) Of the initial voting directors, the terms of directors |
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appointed for positions 1 through 3 expire June 1, 2009, and the |
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terms of directors appointed for positions 4 and 5 expire June 1, |
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2011. |
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(c) Section 3840.052 does not apply to this section. |
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(d) This section expires September 1, 2012. |
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[Sections 3840.057-3840.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3840.101. ADDITIONAL POWERS OF DISTRICT. The district |
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may exercise the powers given to: |
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(1) an economic development corporation under Section |
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4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's |
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Texas Civil Statutes), including the power to own, operate, |
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acquire, construct, lease, improve, or maintain a project described |
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by that section; |
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(2) a housing finance corporation under Chapter 394, |
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Local Government Code, to provide housing or residential |
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development projects in the district; and |
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(3) a sports facilities district under Chapter 325, |
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Local Government Code. |
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Sec. 3840.102. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered for purposes of |
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this chapter to be a local government corporation created under |
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Chapter 431, Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. |
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(d) The board of directors of the nonprofit corporation |
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shall serve in the same manner as the board of directors of a local |
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government corporation created under Chapter 431, Transportation |
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Code, except that a director of the corporation is not required to |
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reside in the district. |
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Sec. 3840.103. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3840.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. |
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To protect the public interest, the district may contract with a |
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qualified party, including Harris County or the City of Pearland, |
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to provide law enforcement services in the district for a fee. |
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Sec. 3840.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3840.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may establish and provide for the administration of one or |
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more programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(b) For purposes of this section, the district has all of |
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the powers of a municipality under Chapter 380, Local Government |
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Code. |
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Sec. 3840.107. PROPERTY. The district may construct, |
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purchase, sell, or lease property, including facilities, to |
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accomplish a district purpose. |
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Sec. 3840.108. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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[Sections 3840.109-3840.150 reserved for expansion] |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 3840.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3840.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3840.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by: |
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(1) the owners of a majority of the assessed value of |
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real property in the district subject to the proposed assessment |
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according to the most recent certified tax appraisal roll for |
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Harris County; or |
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(2) at least 50 owners of real property in the district |
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if more than 50 persons own real property in the district as |
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determined by the most recent certified tax appraisal roll for |
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Harris County. |
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Sec. 3840.154. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3840.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3840.156. AD VALOREM TAX. (a) If authorized at an |
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election held in accordance with Section 3840.160, the district may |
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impose an annual ad valorem tax on taxable property in the district |
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for any district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. |
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Sec. 3840.157. UTILITY PROPERTY EXEMPT FROM IMPACT FEES OR |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3840.158. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue by competitive bid or negotiated sale bonds or |
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other obligations payable wholly or partly from taxes, assessments, |
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impact fees, revenue, grants, or other money of the district, or any |
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combination of those sources of money, to pay for any authorized |
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purpose of the district. |
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(b) The district may issue a bond or other obligation in the |
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form of a bond, note, certificate of participation or other |
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instrument evidencing a proportionate interest in payments to be |
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made by the district, or other type of obligation. |
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(c) The term of a bond issued under this chapter may not |
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exceed 40 years from the date of issuance. |
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(d) In addition to any other terms authorized by the board |
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by bond order or resolution, the proceeds of the district's bonds |
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may be used for a reserve fund, credit enhancement, or capitalized |
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interest for the bonds. |
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(e) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3840.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose a continuing |
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direct ad valorem tax on all taxable property in the district in an |
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amount sufficient to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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Sec. 3840.160. TAX AND BOND ELECTIONS. (a) The district |
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shall hold an election in the manner provided by Subchapter L, |
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Chapter 375, Local Government Code, to obtain voter approval before |
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the district imposes an ad valorem tax or issues bonds payable from |
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ad valorem taxes. |
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(b) The board may include more than one issue in a single |
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proposition at an election. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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Sec. 3840.161. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, a municipality is not required to pay a bond, note, |
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or other obligation of the district. |
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Sec. 3840.162. BIDDING REQUIREMENTS. Section 375.221, |
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Local Government Code, and Sections 49.273(d), (e), (f), and (g), |
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Water Code, do not apply to the district. |
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Sec. 3840.163. TAX AND ASSESSMENT ABATEMENTS. The district |
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may grant in the manner authorized by Chapter 312, Tax Code, an |
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abatement for a tax or assessment owed to the district. |
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[Sections 3840.164-3840.200 reserved for expansion] |
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SUBCHAPTER E. SALES AND USE TAX |
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Sec. 3840.201. MEANINGS OF WORDS AND PHRASES. Words and |
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phrases used in this subchapter that are defined by Chapters 151 and |
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321, Tax Code, have the meanings assigned by Chapters 151 and 321, |
|
Tax Code. |
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Sec. 3840.202. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) Except as otherwise provided by this subchapter, |
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Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
|
apply to taxes imposed under this subchapter and to the |
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administration and enforcement of those taxes in the same manner |
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that those laws apply to state taxes. |
|
(b) Chapter 321, Tax Code, relating to municipal sales and |
|
use taxes, applies to the application, collection, change, and |
|
administration of a sales and use tax imposed under this subchapter |
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to the extent consistent with this chapter, as if references in |
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Chapter 321, Tax Code, to a municipality referred to the district |
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and references to a governing body referred to the board. |
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(c) Sections 321.106, 321.401, 321.402, 321.404, 321.406, |
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321.409, 321.506, 321.507, and 321.508, Tax Code, do not apply to a |
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tax imposed under this subchapter. |
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Sec. 3840.203. AUTHORIZATION; ELECTION. (a) The district |
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may adopt a sales and use tax to serve the purposes of the district |
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after an election in which a majority of the voters of the district |
|
voting in the election authorize the adoption of the tax. |
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(b) The board by order may call an election to authorize a |
|
sales and use tax. The election may be held with any other district |
|
election. |
|
(c) The district shall provide notice of the election and |
|
shall hold the election in the manner prescribed by Section |
|
3840.160. |
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(d) The ballots shall be printed to provide for voting for |
|
or against the proposition: "Authorization of a district sales and |
|
use tax in the Spectrum Management District at a rate not to exceed |
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_____ percent." |
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Sec. 3840.204. ABOLISHING SALES AND USE TAX. (a) Except as |
|
provided by Subsection (b), the board, with the consent of the |
|
governing body of the City of Pearland, may abolish the sales and |
|
use tax without an election. |
|
(b) The board may not abolish the sales and use tax if the |
|
district has outstanding debt secured by the tax. |
|
Sec. 3840.205. SALES AND USE TAX RATE. (a) On adoption of |
|
the tax authorized by this subchapter, there is imposed a tax on the |
|
receipts from the sale at retail of taxable items in the district, |
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and an excise tax on the use, storage, or other consumption in the |
|
district of taxable items purchased, leased, or rented from a |
|
retailer in the district during the period that the tax is in |
|
effect. |
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(b) The board shall determine the rate of the tax, which may |
|
be in one-eighth of one percent increments not to exceed the maximum |
|
rate authorized by the district voters at the election. The board |
|
may lower the tax rate to the extent it does not impair any |
|
outstanding debt or obligations payable from the tax. |
|
(c) The rate of the excise tax is the same as the rate of the |
|
sales tax portion of the tax and is applied to the sales price of the |
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taxable item. |
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[Sections 3840.206-3840.250 reserved for expansion] |
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SUBCHAPTER F. DISSOLUTION |
|
Sec. 3840.251. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
|
DEBT. (a) The board may dissolve the district regardless of |
|
whether the district has debt. Section 375.264, Local Government |
|
Code, does not apply to the district. |
|
(b) If the district has debt when it is dissolved, the |
|
district shall remain in existence solely for the purpose of |
|
discharging its debts. The dissolution is effective when all debts |
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have been discharged. |
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SECTION 2. BOUNDARIES. As of the effective date of this |
|
Act, the Spectrum Management District includes all territory |
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contained in the following described area: |
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Beginning at the intersection of the East boundary of the |
|
right of way of State Highway 288 and the Harris County line at |
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Clear Creek; |
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Thence, West along the Harris County line following Clear |
|
Creek to the East boundary of the right of way of Almeda School Road |
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(County Road 48); |
|
Thence, North along the East boundary of the right of way of |
|
Almeda School Road (County Road 48) to the South boundary of the |
|
right of way of Beltway 8 (Sam Houston Parkway); |
|
Thence, East along the South boundary of the right of way of |
|
Beltway 8 (Sam Houston Parkway) to the East boundary of the right of |
|
way of State Highway 288; |
|
Thence, South along the East boundary of the right of way of |
|
State Highway 288 to the point of beginning. |
|
SAVE AND EXCEPT and land contained within the boundaries of |
|
the Pearland Municipal Management District No. 1. |
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SECTION 3. 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 4. 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, 2007. |