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  By: Coleman H.B. No. 4090
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Glenbrook Valley Neighborhood
Preservation and Improvement District;  providing authority to
impose an assessment and a tax, and issue bonds or similar
obligations.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  GLENBROOK VALLEY NEIGHBORHOOD PRESERVATION AND
IMPROVEMENT DISTRICT.  Subtitle C, Title 4, Special District Local
Laws Code, is amended by adding Chapter 38__ to read as follows:
CHAPTER 38__. GLENBROOK VALLEY NEIGHBORHOOD PRESERVATION AND
IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
       Sec. 38__.001.  DEFINITIONS.  In this chapter:
             (1)  "Board" means the board of directors of the
district.
             (2)  "District" means the Glenbrook Valley
Neighborhood Preservation and Improvement District.
       Sec. 38__.002.  GLENBROOK VALLEY NEIGHBORHOOD PRESERVATION
AND IMPROVEMENT DISTRICT.  The Glenbrook Valley Neighborhood
Preservation and Improvement District is a special district created
under Section 59, Article XVI, Texas Constitution.
       Sec. 38__.003.  PURPOSE;  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
chapter.  By creating the district and in authorizing the City of
Houston, Harris County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
       (b)  The creation of the district is necessary to provide
enhanced and supplemental services to preserve, protect and enhance
the historic character of the Glenbrook Valley Neighborhood of
Houston, and promote and maintain the Glenbrook Valley Neighborhood
of Houston as a safe, clean, pedestrian-friendly, and aesthetically
pleasing residential neighborhood with sustainable property
values.
       (c)  This chapter and the creation of the district may not be
interpreted to relieve Harris County or the City of Houston from
providing the level of services provided as of the effective date of
the Act enacting this chapter to the area in the district.  The
district is created to supplement and not to supplant the county or
city services provided in the area in the district.
       Sec. 38__.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  
The district is created to serve a public use and benefit.
       (b)  All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
       (c)  The district will:
             (1)  promote the health, safety, and general welfare of
district residents and of the public;
             (2)  provide enhanced and supplemental services to
preserve, maintain, and enhance the vitality of the district as a
residential neighborhood;
             (3)  promote the preservation of the historic character
of the district by advocating for and taking other necessary
actions to preserve, maintain, and enhance the historic character
of the district;  and
             (3)  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, parking, 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 the district
will benefit many private interests as well as the public.
       Sec. 38__.005.  DISTRICT TERRITORY.  (a)  The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under:
             (1)  Subchapter J, Chapter 49, Water Code;  or
             (2)  other law.
       (b)  The boundaries and field notes of the district contained
in Section 2 of the Act enacting this chapter form a closure.  A
mistake in the field notes or in copying the field notes in the
legislative process 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 the bond;
             (3)  right to impose or collect an assessment or tax;  
or
             (4)  legality or operation.
       Sec. 38__.006.  APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW.  Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
       Sec. 38__.007.  LIBERAL CONSTRUCTION OF CHAPTER.  This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 38__.008-38__.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
       Sec. 38__.051.  BOARD OF DIRECTORS;  TERMS.  (a)  The
district is governed by a board of 11 voting directors who serve
staggered terms of two years, with 5 directors' terms expiring June
1 of each odd-numbered year.
       (b)  The board by resolution may increase or decrease the
number of voting directors on the board, but only if a majority of
the board determines that the change is in the best interest of the
district.  The board may not:
             (1)  increase the number of directors to more than 15;  
or
             (2)  decrease the number of directors to fewer than
five.
       Sec. 38__.052.  APPOINTMENT OF DIRECTORS.  The mayor and
members of the governing body of the City of Houston shall appoint
directors from persons recommended by the board.  A person is
appointed if a majority of the members of the governing body and the
mayor vote to appoint that person.  A vacancy in the office of a
director shall be filled by the remaining members of the Board by
appointing a qualified person for the remainder of the term.
       Sec. 38__.053.  NONVOTING DIRECTORS.  (a)  The following
persons serve as nonvoting directors:
             (1)  the directors of the following departments of the
City of Houston or a person designated by that director:
                   (A)  parks and recreation;
                   (B)  planning and development;  and
                   (C)  public works;
             (2)  the City of Houston's chief of police;  and
             (3)  each City of Houston councilmember whose council
district is wholly or partly in the district.
       (b)  If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
director.
       (c)  If a department described by Subsection (a) is
abolished, the board may appoint a representative of another
department that performs duties comparable to those performed by
the abolished department.
       Sec. 38__.054.  QUORUM.  Nonvoting directors and vacant
director positions are not counted for the purposes of establishing
a board quorum.
       Sec. 38__.055.  CONFLICTS OF INTEREST;  ONE-TIME AFFIDAVIT.  
(a)  Except as provided by this section:
             (1)  a director (other than a non-voting 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.
       Sec. 38__.056.  INITIAL VOTING DIRECTORS.  (a)  The initial
board consists of the following voting directors:
Pos. No. Name of Director
1 [ ]
2 [ ]
3 [ ]
4 [ ]
5 [ ]
6 [ ]
7 [ ]
8 [ ]
9 [ ]
10 [ ]
11 [ ]
       (b)  Of the initial voting directors, the terms of directors
appointed for positions 1 through 6 expire June 1, [2011, and the
terms of directors appointed for positions 7 through 11 expire June
1, 2009.
       (c)  Section 38__.052 does not apply to this section.
       (d)  This section expires September 1, 2011.
[Sections 38__.057-38__.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
       Sec. 38__.101.  NONPROFIT CORPORATION.  (a)  The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
       (b)  A nonprofit corporation created under this section:
             (1)  has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code;  and
             (2)  may implement any project and provide any service
authorized by this chapter.
       (c)  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.
       Sec. 38__.102.  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.
       Sec. 38__.103.  AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.  
To protect the public interest, the district may contract with a
qualified party, including Harris County, the City of Houston, or a
nonprofit corporation, to provide supplemental law enforcement
services in the district for a fee.
       Sec. 38__.104.  APPROVAL BY CITY OF HOUSTON.  (a)  Except as
provided by Subsection (b), the district must obtain the approval
of the City of Houston's governing body for:
             (1)  the issuance of a bond for each improvement
project;
             (2)  the plans and specifications of the improvement
project financed by the bond;  and
             (3)  the plans and specifications of any district
improvement project related to:
                   (A)  the use of land owned by the City of Houston;
                   (B)  an easement granted by the City of Houston;  
or
                   (C)  a right-of-way of a street, road, or highway.
       (b)  The approval obtained for the issuance of bonds under
Subsection (a) must be a resolution by the City of Houston.  The
approval obtained for plans and specifications must be a permit
issued by the City of Houston.
       (c)  If the district obtains the approval of the City of
Houston's governing body of a capital improvements budget for a
period not to exceed five years, the district may finance the
capital improvements and issue bonds specified in the budget
without further approval from the City of Houston.
       Sec. 38__.105.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.  The
district may join and pay dues to an organization that:
             (1)  enjoys tax-exempt status under Section 501(c)(3),
(4), or (6), Internal Revenue Code of 1986;  and
             (2)  performs a service or provides an activity
consistent with the furtherance of a district purpose.
       Sec. 38__.106.  CERTIFICATION OF PROPERTY OWNERS'
ASSOCIATION.  (a)  If the board finds that it will benefit district
property and it is consistent with the district's purposes, the
board by resolution may certify a nonprofit corporation whose
members are the property owners of the district as a property
owners' association under Chapter 204, Property Code.
       (b)  A nonprofit corporation certified by the board under
this section is a property owners' association under Chapter 204,
Property Code, and has the powers and duties of an association under
that chapter.  Certification under this section satisfies all
procedural requirements regarding the creation of a property
owners' association under that chapter, including the requirements
of Section 204.006, Property Code.
       (c)  Not later than the 30th day after the date of the board's
resolution, the board shall file a notice of the certification in
the real property records of Harris County.  The notice must state
that the nonprofit corporation is a property owners' association
under Chapter 204, Property Code.
       (d)  The certification is permanent and may not be revoked.
       Sec. 38__.107.  NO EMINENT DOMAIN.  The district may not
exercise the power of eminent domain.
[Sections 38__.108-38__.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
       Sec. 38__.151.  DISBURSEMENTS AND 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.
       Sec. 38__.152.  PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS.  The board may not finance a service
or improvement project through assessments under this chapter
unless a written petition requesting that service or improvement
has 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 according to
the most recent certified tax appraisal roll for Harris County;  or
             (2)  at least 25 persons who own land in the district
that will be subject to the assessment, if there are more than 25
persons who own property in the district that will be subject to the
assessment according to the most recent certified tax appraisal
roll for Harris County.
       Sec. 38__.153.  METHOD OF NOTICE FOR HEARING.  The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified United States mail or an equivalent
service that can provide a record of mailing or other delivery.
       Sec. 38__.154.  ASSESSMENTS;  LIENS FOR ASSESSMENTS.  (a)  
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter.
       (b)  An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
             (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 a 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 board's
resolution 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,
except that the board may not foreclose on a residential homestead.
       (d)  The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
       (e)  Section 375.161, Local Government Code, does not apply
to the district.
       Sec. 38__.155.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS.  The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
             (1)  an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
             (2)  a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
             (3)  a telecommunications provider as defined by
Section 51.002, Utilities Code;  or
             (4)  a person who provides to the public cable
television or advanced telecommunications services.
       Sec. 38__.156.  CERTAIN RESIDENTIAL PROPERTY EXEMPT FROM
IMPACT FEES AND ASSESSMENTS.  (a)  An individual is entitled to an
exemption from an impact fee or assessment if:
             (1)  the individual is 65 years of age or older or is
disabled as defined by Section 11.13(m), Tax Code;  and
             (2)  the assessment will be imposed against property
that the individual owns and occupies as a residence homestead.
       (b)  To obtain the exemption, the individual must file with
the board an affidavit stating the facts required by Subsection
(a).
       Sec. 38__.157.  BONDS AND OTHER OBLIGATIONS.  (a)  The
district may issue bonds or other obligations, by competitive bid
or negotiated sale, payable wholly or partly 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 be issued in the form of a bond, note, certificate of
participation or other instrument evidencing a proportionate
interest in payments to be made by the district, or other type of
obligation.
       Sec. 38__.158.  TAXES FOR BONDS AND OTHER OBLIGATIONS.  At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
             (1)  the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding;  and
             (2)  the district annually shall impose the continuing
direct ad valorem tax on all taxable property in the district in an
amount sufficient to:
                   (A)  pay the interest on the bonds or other
obligations as the interest becomes due;
                   (B)  create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date;  and
                   (C)  pay the expenses of imposing the taxes.
       Sec. 38__.159.  BOND 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
issues bonds.
       (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.
       Sec. 38__.160.  CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS.  Except as provided by Section 375.263, Local
Government Code, the City of Houston is not required to pay a bond,
note, or other obligation of the district.
       Sec. 38__.161.  COMPETITIVE BIDDING.  Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000.
[Sections 38__.162-38__.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
       Sec. 38__.201.  DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT.  (a)  The board may dissolve the district regardless of
whether the district has debt.
       (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
have been discharged.
       (c)  Section 375.264, Local Government Code, does not apply
to the district.
       SECTION 2.  BOUNDARIES.  As of the effective date of this
Act, the District includes all territory contained in the following
described area:
BEGINNING [                                 ]
       SECTION 3.  Section 313.006, Government Code, does not apply
to this Act.
       SECTION 4.  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 5.  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.