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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 Glenbrook Valley Neighborhood |
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Preservation and Improvement District; providing authority to |
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impose an assessment and a tax, and issue bonds or similar |
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obligations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. GLENBROOK VALLEY NEIGHBORHOOD PRESERVATION AND |
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IMPROVEMENT DISTRICT. Subtitle C, Title 4, Special District Local |
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Laws Code, is amended by adding Chapter 38__ to read as follows: |
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CHAPTER 38__. GLENBROOK VALLEY NEIGHBORHOOD PRESERVATION AND |
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IMPROVEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 38__.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 Glenbrook Valley |
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Neighborhood Preservation and Improvement District. |
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Sec. 38__.002. GLENBROOK VALLEY NEIGHBORHOOD PRESERVATION |
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AND IMPROVEMENT DISTRICT. The Glenbrook Valley Neighborhood |
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Preservation and Improvement District is a special district created |
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under Section 59, Article XVI, Texas Constitution. |
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Sec. 38__.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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Houston, 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 provide |
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enhanced and supplemental services to preserve, protect and enhance |
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the historic character of the Glenbrook Valley Neighborhood of |
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Houston, and promote and maintain the Glenbrook Valley Neighborhood |
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of Houston as a safe, clean, pedestrian-friendly, and aesthetically |
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pleasing residential neighborhood with sustainable property |
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values. |
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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 or the City of Houston 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. 38__.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 district will: |
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(1) promote the health, safety, and general welfare of |
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district residents and of the public; |
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(2) provide enhanced and supplemental services to |
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preserve, maintain, and enhance the vitality of the district as a |
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residential neighborhood; |
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(3) promote the preservation of the historic character |
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of the district by advocating for and taking other necessary |
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actions to preserve, maintain, and enhance the historic character |
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of the district; and |
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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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(d) 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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(e) 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. 38__.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; |
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or |
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(4) legality or operation. |
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Sec. 38__.006. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 38__.007. 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 38__.008-38__.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 38__.051. BOARD OF DIRECTORS; TERMS. (a) The |
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district is governed by a board of 11 voting directors who serve |
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staggered terms of two years, with 5 directors' terms expiring June |
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1 of each odd-numbered year. |
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(b) The board by resolution may increase or decrease the |
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number of voting directors on the board, but only if a majority of |
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the board determines that the change is in the best interest of the |
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district. The board may not: |
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(1) increase the number of directors to more than 15; |
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or |
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(2) decrease the number of directors to fewer than |
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five. |
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Sec. 38__.052. APPOINTMENT OF DIRECTORS. The mayor and |
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members of the governing body of the City of Houston shall appoint |
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directors from persons recommended by the board. A person is |
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appointed if a majority of the members of the governing body and the |
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mayor vote to appoint that person. A vacancy in the office of a |
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director shall be filled by the remaining members of the Board by |
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appointing a qualified person for the remainder of the term. |
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Sec. 38__.053. NONVOTING DIRECTORS. (a) The following |
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persons serve as nonvoting directors: |
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(1) the directors of the following departments of the |
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City of Houston or a person designated by that director: |
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(A) parks and recreation; |
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(B) planning and development; and |
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(C) public works; |
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(2) the City of Houston's chief of police; and |
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(3) each City of Houston councilmember whose council |
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district is wholly or partly in the district. |
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(b) If a department described by Subsection (a) is |
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consolidated, renamed, or changed, the board may appoint a director |
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of the consolidated, renamed, or changed department as a nonvoting |
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director. |
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(c) If a department described by Subsection (a) is |
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abolished, the board may appoint a representative of another |
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department that performs duties comparable to those performed by |
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the abolished department. |
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Sec. 38__.054. QUORUM. Nonvoting directors and vacant |
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director positions are not counted for the purposes of establishing |
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a board quorum. |
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Sec. 38__.055. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. |
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(a) Except as provided by this section: |
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(1) a director (other than a non-voting director) may |
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participate in all board votes and decisions; and |
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(2) Chapter 171, Local Government Code, governs |
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conflicts of interest for directors. |
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(b) Section 171.004, Local Government Code, does not apply |
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to the district. A director who has a substantial interest in a |
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business or charitable entity that will receive a pecuniary benefit |
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from a board action shall file a one-time affidavit declaring the |
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interest. An additional affidavit is not required if the |
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director's interest changes. After the affidavit is filed with the |
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board secretary, the director may participate in a discussion or |
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vote on that action if: |
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(1) a majority of the directors have a similar |
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interest in the same entity; or |
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(2) all other similar business or charitable entities |
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in the district will receive a similar pecuniary benefit. |
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(c) A director who is also an officer or employee of a public |
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entity may not participate in the discussion of or vote on a matter |
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regarding a contract with that public entity. |
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(d) For purposes of this section, a director has a |
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substantial interest in a charitable entity in the same manner that |
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a person would have a substantial interest in a business entity |
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under Section 171.002, Local Government Code. |
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Sec. 38__.056. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
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 6 expire June 1, [2011, and the |
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terms of directors appointed for positions 7 through 11 expire June |
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1, 2009. |
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(c) Section 38__.052 does not apply to this section. |
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(d) This section expires September 1, 2011. |
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[Sections 38__.057-38__.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 38__.101. 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) A nonprofit corporation created under this section: |
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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 a |
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nonprofit corporation created under this section. The board of |
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directors of the nonprofit corporation shall serve in the same |
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manner as the board of directors of a local government corporation |
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created under Chapter 431, Transportation Code. |
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Sec. 38__.102. 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. 38__.103. 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, the City of Houston, or a |
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nonprofit corporation, to provide supplemental law enforcement |
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services in the district for a fee. |
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Sec. 38__.104. APPROVAL BY CITY OF HOUSTON. (a) Except as |
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provided by Subsection (b), the district must obtain the approval |
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of the City of Houston's governing body for: |
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(1) the issuance of a bond for each improvement |
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project; |
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(2) the plans and specifications of the improvement |
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project financed by the bond; and |
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(3) the plans and specifications of any district |
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improvement project related to: |
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(A) the use of land owned by the City of Houston; |
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(B) an easement granted by the City of Houston; |
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or |
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(C) a right-of-way of a street, road, or highway. |
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(b) The approval obtained for the issuance of bonds under |
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Subsection (a) must be a resolution by the City of Houston. The |
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approval obtained for plans and specifications must be a permit |
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issued by the City of Houston. |
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(c) If the district obtains the approval of the City of |
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Houston's governing body of a capital improvements budget for a |
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period not to exceed five years, the district may finance the |
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capital improvements and issue bonds specified in the budget |
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without further approval from the City of Houston. |
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Sec. 38__.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to an organization that: |
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(1) enjoys tax-exempt status under Section 501(c)(3), |
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(4), or (6), Internal Revenue Code of 1986; and |
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(2) performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 38__.106. CERTIFICATION OF PROPERTY OWNERS' |
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ASSOCIATION. (a) If the board finds that it will benefit district |
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property and it is consistent with the district's purposes, the |
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board by resolution may certify a nonprofit corporation whose |
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members are the property owners of the district as a property |
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owners' association under Chapter 204, Property Code. |
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(b) A nonprofit corporation certified by the board under |
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this section is a property owners' association under Chapter 204, |
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Property Code, and has the powers and duties of an association under |
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that chapter. Certification under this section satisfies all |
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procedural requirements regarding the creation of a property |
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owners' association under that chapter, including the requirements |
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of Section 204.006, Property Code. |
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(c) Not later than the 30th day after the date of the board's |
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resolution, the board shall file a notice of the certification in |
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the real property records of Harris County. The notice must state |
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that the nonprofit corporation is a property owners' association |
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under Chapter 204, Property Code. |
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(d) The certification is permanent and may not be revoked. |
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Sec. 38__.107. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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[Sections 38__.108-38__.150 reserved for expansion] |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 38__.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. 38__.152. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. The board may not finance a service |
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or improvement project through 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. The petition 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 assessment according to |
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the most recent certified tax appraisal roll for Harris County; or |
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(2) at least 25 persons who own land in the district |
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that will be subject to the assessment, if there are more than 25 |
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persons who own property in the district that will be subject to the |
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assessment according to the most recent certified tax appraisal |
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roll for Harris County. |
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Sec. 38__.153. 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 United States mail or an equivalent |
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service that can provide a record of mailing or other delivery. |
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Sec. 38__.154. 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. |
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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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except that the board may not foreclose on a residential homestead. |
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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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(e) Section 375.161, Local Government Code, does not apply |
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to the district. |
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Sec. 38__.155. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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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. 38__.156. CERTAIN RESIDENTIAL PROPERTY EXEMPT FROM |
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IMPACT FEES AND ASSESSMENTS. (a) An individual is entitled to an |
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exemption from an impact fee or assessment if: |
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(1) the individual is 65 years of age or older or is |
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disabled as defined by Section 11.13(m), Tax Code; and |
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(2) the assessment will be imposed against property |
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that the individual owns and occupies as a residence homestead. |
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(b) To obtain the exemption, the individual must file with |
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the board an affidavit stating the facts required by Subsection |
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(a). |
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Sec. 38__.157. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue bonds or other obligations, by competitive bid |
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or negotiated sale, payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, grants, or other money of the |
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district, or any combination of those sources of money, to pay for |
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any authorized purpose of the district. |
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(b) In exercising the district's borrowing power, the |
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district may be issued in the form of a bond, note, certificate of |
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participation or other instrument evidencing a proportionate |
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interest in payments to be made by the district, or other type of |
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obligation. |
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Sec. 38__.158. 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 the 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. 38__.159. BOND ELECTIONS. (a) The district shall hold |
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an election in the manner provided by Subchapter L, Chapter 375, |
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Local Government Code, to obtain voter approval before the district |
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issues bonds. |
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(b) The board may include more than one purpose 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. 38__.160. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the City of Houston is not required to pay a bond, |
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note, or other obligation of the district. |
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Sec. 38__.161. COMPETITIVE BIDDING. Section 375.221, Local |
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Government Code, applies to the district only for a contract that |
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has a value greater than $25,000. |
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[Sections 38__.162-38__.200 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 38__.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
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DEBT. (a) The board may dissolve the district regardless of |
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whether the district has debt. |
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(b) If the district has debt when it is dissolved, the |
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district shall remain in existence solely for the purpose of |
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discharging its debts. The dissolution is effective when all debts |
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have been discharged. |
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(c) Section 375.264, Local Government Code, does not apply |
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to the district. |
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SECTION 2. BOUNDARIES. As of the effective date of this |
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Act, the District includes all territory contained in the following |
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described area: |
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BEGINNING [ ] |
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SECTION 3. Section 313.006, Government Code, does not apply |
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to this Act. |
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SECTION 4. LEGISLATIVE FINDINGS. The legislature finds |
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that: |
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(1) proper and legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished by |
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the constitution and laws of this state, including the governor, |
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who has submitted the notice and Act to the Texas Commission on |
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Environmental Quality; |
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(2) the Texas Commission on Environmental Quality has |
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filed its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time; |
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(3) the general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with; and |
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(4) all requirements of the constitution and laws of |
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this state and the rules and procedures of the legislature with |
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respect to the notice, introduction, and passage of this Act have |
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been fulfilled and accomplished. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
|
Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |