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AN ACT
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relating to the administration, powers, including taxing powers and |
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the authority to issue bonds, boundaries, operations, financing, |
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and dissolution of the Town Center Improvement District of |
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Montgomery County, Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. AMENDMENTS EFFECTIVE IMMEDIATELY |
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SECTION 1.01. Subsection (d), Section 1, Chapter 289, Acts |
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of the 73rd Legislature, Regular Session, 1993, is amended to read |
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as follows: |
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(d) The creation and continued operations of the district |
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are [is] declared to be essential to the accomplishment of the |
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purposes of Article III, Sections [Section] 52 and 52-a, and |
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Article XVI, Section 59, of the Texas Constitution and to the |
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accomplishment of the several other public purposes stated in this |
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Act. |
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SECTION 1.02. Subsection (a), Section 5, Chapter 289, Acts |
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of the 73rd Legislature, Regular Session, 1993, is amended to read |
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as follows: |
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(a) The legislature finds that the creation and operation of |
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the district and [all of the land and other property included within
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the boundaries of the district will be benefited by] the works, |
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projects, improvements, and services that are to be promoted, |
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facilitated, and accomplished by the district under powers |
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conferred by Article III, Sections [Section] 52 and 52-a, and |
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Article XVI, Section 59, of the Texas Constitution and other powers |
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granted under this Act will provide a substantial and continuing |
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[and that the district is created to serve a] public use and benefit |
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not only within and adjacent to the boundaries of the district, but |
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throughout the state, by promoting and stimulating business |
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activity, commerce, tourism, travel, and economic development and |
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diversification in the state; promoting and facilitating public |
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safety and health, the mobility of people, traffic circulation, and |
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mass transportation in the state; preserving and promoting scenic |
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and aesthetic beauty in the state; promoting and advancing |
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employment and business relocation and retention in the state; |
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reducing or eliminating unemployment and underemployment in the |
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state; and protecting and securing the general welfare of the state |
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and all of its citizens. |
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SECTION 1.03. Section 6, Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by adding Subsection |
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(c) to read as follows: |
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(c) Sections 375.161, 375.207, and 375.208, Local |
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Government Code, do not apply to the district. |
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SECTION 1.04. Section 7, Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by adding Subsection |
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(r) to read as follows: |
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(r) The district may sponsor, create, establish, utilize, |
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administer, and contract with a local government corporation under |
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Subchapter D, Chapter 431, Transportation Code. |
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SECTION 1.05. Chapter 289, Acts of the 73rd Legislature, |
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Regular Session, 1993, is amended by adding Section 7-a to read as |
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follows: |
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Sec. 7-a. ADDING TERRITORY BY ELECTION. (a) Except as |
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provided by Subsections (d) and (e) of this section, the board may |
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also add territory, as provided by Section 7(d) of this Act on its |
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own motion and without petitions and after notice and hearing given |
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and conducted in the manner provided by Subchapter J, Chapter 49, |
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Water Code, but subject to a confirmation election. |
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(b) The board shall order a confirmation election to be held |
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on the next lawfully available uniform election date following the |
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conclusion of any appeals from the order adding land. The |
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confirmation election shall be held within the district, as |
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enlarged by reason of any addition of territory under this |
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subsection, to confirm such addition of territory and the |
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assumption by the added territory of its pro rata share of the |
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district's bonds, taxes, indebtedness, and contract obligations. |
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(c) A map or plat showing the boundaries of the district, as |
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adjusted from time to time, shall be recorded in the real property |
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records of each county in which all or part of the district is |
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situated not later than the seventh day after the date of each such |
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boundary adjustment. |
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(d) Notwithstanding Section 7(d) of this Act, territory |
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within the corporate limits or extraterritorial jurisdiction of a |
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municipality with a population of less than 1.5 million may not be |
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added to the district under this section without the express, |
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written consent of the municipality given by ordinance, resolution, |
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or written agreement. |
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(e) The district and a municipality may enter into a written |
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agreement for a specified term consenting to the addition of |
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territory by the district as provided by Subsection (d) of this |
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section or limiting the territory that may be added by the district |
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under this section or Section 7(d) of this Act. |
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(f) If either the proposition submitted to confirm the |
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initial addition of territory or the proposition submitted under |
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Section 9(g) of this Act fails to pass by a majority vote, this |
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section expires on the date the results of the election are |
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canvassed. |
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SECTION 1.06. Chapter 289, Acts of the 73rd Legislature, |
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Regular Session, 1993, is amended by adding Section 7F to read as |
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follows: |
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Sec. 7F. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES. |
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(a) In this section, "fire protection personnel" has the meaning |
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assigned by Section 419.021, Government Code. |
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(b) The district may employ, contract with, or otherwise |
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engage other persons or entities, including fire protection |
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personnel, to provide, improve, enhance, and support fire |
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protection and emergency medical services in and adjacent to the |
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district. |
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(c) Before January 1, 2010, the district may not directly |
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employ any fire protection personnel. This subsection expires |
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January 1, 2010. |
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SECTION 1.07. The heading to Section 9, Chapter 289, Acts of |
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the 73rd Legislature, Regular Session, 1993, is amended to read as |
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follows: |
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Sec. 9. [CONFIRMATION AND DIRECTORS] ELECTIONS. |
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SECTION 1.08. Section 9, Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 2003, is amended by adding |
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Subsections (e) through (k) to read as follows: |
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(e) The board shall order that a confirmation election be |
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held in conjunction with the initial election required under |
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Section 7-a(b) of this Act to determine whether the proposed |
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changes in the composition of the board under Subsection (g) of this |
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section shall be confirmed and implemented. If either proposition |
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submitted at the confirmation election fails to pass by a majority |
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vote, both propositions shall be deemed to have failed. |
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(f) All registered and qualified voters within the |
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district, as enlarged by the addition of territory to the district |
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under Section 7-a of this Act, are eligible to vote in any |
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confirmation election called under Subsection (e) of this section |
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or Section 7-a of this Act. Otherwise, only registered and |
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qualified voters within the district are eligible to vote in all |
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other district elections. |
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(g) After passage of the propositions in the confirmation |
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election, as required by Subsection (e) of this section and Section |
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7-a of this Act: |
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(1) an election shall be called for the uniform |
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election date in May of the next even-numbered year for the election |
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of five directors at large. The three candidates receiving the |
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highest number of votes shall be elected for a term of three years, |
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and the two candidates receiving the next highest number of votes |
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shall be elected for a term of two years; |
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(2) an election shall be called for the uniform |
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election date in May of the next succeeding even-numbered year |
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after the election held under Subdivision (1) of this subsection, |
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for the election of four directors at large. The four candidates |
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receiving the highest number of votes shall be elected for a term of |
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two years; and |
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(3) an election shall be called annually thereafter |
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for the uniform election date in May of each year for the election |
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of either three or four directors, as appropriate, to serve |
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two-year terms. |
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(h) The board may call and conduct elections from time to |
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time on a uniform election date for the purposes of: |
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(1) determining whether, according to a regional |
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participation agreement authorized by this Act or other law, all or |
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part of the territory of the district should be released from the |
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extraterritorial jurisdiction of a municipality; |
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(2) determining whether, according to a regional |
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participation agreement, all or part of the territory of the |
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district should be incorporated as a municipality or should adopt |
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another form of local government; |
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(3) authorizing the levy and assessment of ad valorem |
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taxes for district purposes on a uniform basis throughout the |
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district; |
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(4) authorizing the issuance of indebtedness payable |
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in whole or in part from ad valorem taxes; and |
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(5) submitting to the qualified voters of the district |
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any other bonds, contracts, indebtedness, measures, or |
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propositions authorized by law. |
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(i) Passage of all confirmation, contract, tax, or other |
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propositions or measures at an election shall require a favorable |
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vote by a majority of the eligible voters voting in the election. |
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(j) The passage at an election of a proposition to confirm |
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the addition of territory to the district under Section 7-a of this |
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Act shall be deemed to be an election to assume the added |
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territory's pro rata share of the bonds, taxes, indebtedness, and |
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contract obligations of the district. |
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(k) This subsection and Subsections (e)-(j) of this section |
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expire if either the proposition submitted to confirm the initial |
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addition of territory under Section 7-a of this Act or the |
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proposition submitted under Subsection (e) of this section fails to |
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pass by a majority vote. |
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SECTION 1.09. Subsection (d), Section 11C, Chapter 289, |
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Acts of the 73rd Legislature, Regular Session, 1993, is amended to |
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read as follows: |
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(d) Before designating a development zone on its own motion |
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or, if ad valorem taxes are to be used, in whole or in part, for the |
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payment of improvement project costs in a development zone to be |
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designated in response to a landowner petition, the board shall |
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call and hold a public hearing on the creation of the zone in the |
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manner provided by Sections 311.003(c) and (d)[Section 311.003], |
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Tax Code, for reinvestment zones designated by a municipality. |
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SECTION 1.10. The following provisions of Chapter 289, Acts |
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of the 73rd Legislature, Regular Session, 1993, are repealed: |
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(1) Subsections (a) and (b), Section 9; and |
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(2) Subsection (b), Section 11B. |
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ARTICLE 2. AMENDMENTS EFFECTIVE WITH CONFIRMATION ELECTION |
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SECTION 2.01. Subsections (b), (h), and (k), Section 7, |
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Chapter 289, Acts of the 73rd Legislature, Regular Session, 1993, |
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are amended to read as follows: |
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(b) The board may levy, assess, and apply the proceeds from |
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the [limited sales and use] taxes, fees, and charges authorized by |
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[Section 11 of] this Act for any authorized district purposes, |
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including making, or funding debt service and other costs related |
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to the issuance of bonds to make, any payments required under the |
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terms of a regional participation agreement authorized by this Act |
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or other law with one or more other governmental entities relating |
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to the financing of regional programs, improvements, and facilities |
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that mutually benefit the district and such other governmental |
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entities [provided that, during each interval of three calendar
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years following the commencement of collection of such tax, the
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board shall, consistent with constitutional limitations and the
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district's authorized powers and purposes, and in its sound
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discretion, endeavor to apply an annual average of not less than 10
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percent of the net proceeds of the taxes collected under Section 11
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of this Act, after deduction of the general and administrative
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costs and expenses of the district and the costs and expenses of
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levying, assessing, and collecting such taxes, toward mitigation of
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the net negative impact of development within the district on the
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impact area, including without limitation effects on public
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utilities and services, public transportation and traffic
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movement, and scenic and aesthetic beauty. Direct expenditures
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made for the district or the impact area are allocable to each area
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for which the expenditure was made. Expenditures for the general
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welfare, promotion, or benefit of the district and impact area are
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allocable between the district and the impact area in the amount, as
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determined by the board, that is proportionate to the benefit
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conferred on each area]. |
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(h) The board may establish, revise, repeal, enforce, |
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collect, and apply the proceeds from user fees, concessions, |
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admissions, rentals, or other similar fees or charges for the |
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enjoyment, sale, rental, or other use of the district's facilities, |
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services, properties, or improvement projects; however, [because
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the district is created in an area that is devoted primarily to
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commercial and business activity,] the district may not impose an |
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impact fee or assessment on a single family residential property or |
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a residential duplex, triplex, quadruplex, or condominium. |
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(k) The district may not employ peace officers, but may |
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contract with: |
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(1) a county or municipality that has territory wholly |
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or partly in or contiguous to the district's territory [or impact
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area] for the county or municipality to provide law enforcement |
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services by any lawful means for the district, including a |
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warrantless arrest, to the same extent and with the same effect as |
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if the district were authorized to employ its own peace officers |
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directly; and |
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(2) off-duty peace officers directly to provide public |
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safety and security services in connection with a special event, |
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holiday, period with high traffic congestion, or similar |
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circumstance. |
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SECTION 2.02. Section 7C, Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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Sec. 7C. CONFLICT BETWEEN DISTRICT RULE AND OTHER LOCAL |
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REGULATIONS. To the extent a district rule conflicts with a rule, |
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order, ordinance, or regulation of a county or municipality with |
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jurisdiction in the district's territory [or impact area], the |
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rule, order, ordinance, or regulation of the county or municipality |
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controls. |
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SECTION 2.03. Chapter 289, Acts of the 73rd Legislature, |
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Regular Session, 1993, is amended by adding Section 7G to read as |
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follows: |
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Sec. 7G. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The board may not impose an impact fee or assessment |
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on the property, including the equipment, rights-of-way, |
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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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SECTION 2.04. Subsections (a), (e), and (j), Section 8, |
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Chapter 289, Acts of the 73rd Legislature, Regular Session, 1993, |
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are amended to read as follows: |
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(a) The district is governed by a board [composed] of [11] |
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directors elected [or appointed] as provided by Section 9(g) of |
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this Act to [Subsection (c) of this section. Directors] serve |
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staggered terms as described by that section [of four years]. To be |
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qualified to serve as a director, a person must be at least 18 years |
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of age and be a resident of the district. |
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(e) A vacancy in the office of director shall be filled by |
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appointment of a qualified individual by a majority vote of the |
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remaining directors, except that if the number of directors for any |
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reason is less than four [six], on petition of a resident of or |
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owner of real property in the district, the commission shall |
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appoint the required number of qualified individuals to fill the |
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vacancies. [The board may remove a director for misconduct or
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failure to carry out the director's duties by unanimous vote of all
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of the remaining directors.] |
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(j) Except as provided by [in] Subsection (e) of this |
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section, four [five] directors constitute a quorum for the |
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consideration of all matters pertaining to the business [purposes] |
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of the district, and a concurrence of a majority of a quorum of |
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directors shall be required for any official action of the |
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district. |
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SECTION 2.05. Section 11C, Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by adding |
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Subsections (q) and (r) to read as follows: |
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(q) Upon the creation and organization of a development zone |
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over the territory of one or more existing development zones, and |
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upon the imposition or assessment by the governing body of an ad |
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valorem tax or limited sales and use tax for the development zone, |
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the existing development zones are dissolved and abolished and all |
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assets, properties, indebtedness, obligations, and liabilities of |
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the existing development zones transfer to and are assumed by the |
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newly created and organized development zone. |
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(r) For a development zone created to facilitate a |
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continuing improvement project, the board and the governing body |
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need not specify or include in a preliminary financing plan, in the |
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resolution creating the development zone, or in the project plan or |
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financing plan of the development zone a duration or date of |
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termination of the development zone. |
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SECTION 2.06. Subsections (a) and (c), Section 12A, Chapter |
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289, Acts of the 73rd Legislature, Regular Session, 1993, are |
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amended to read as follows: |
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(a) The board may issue bonds of the district for any |
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district purpose or improvement project, including for the purpose |
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of making or providing for payment of any amounts due or to become |
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due from the district under a regional participation agreement |
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authorized by this Act or other law, which shall be deemed to be in |
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furtherance of a program authorized pursuant to Section 52-a, |
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Article III, Texas Constitution, in the manner provided by |
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Subchapter J, Chapter 375, Local Government Code. Sections 375.207 |
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and 375.208, Local Government Code, do not apply to bonds issued by |
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the district under this Act. |
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(c) In addition to the sources of money described by |
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Subchapter J, Chapter 375, Local Government Code, the bonds of the |
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district may be secured and made payable, wholly or partly, by a |
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pledge of any part of the net proceeds the district receives from: |
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(1) a specified portion, but not more than one-half of |
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one percent, of the sales and use tax authorized by Section 11 of |
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this Act; [and] |
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(2) the hotel occupancy tax authorized by Section 11A |
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of this Act; |
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(3) an ad valorem tax approved by the voters of the |
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district at an election called for that purpose; |
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(4) any revenues or proceeds received or to be |
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received by the district from contracts, agreements, or other |
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lawful sources, including a contract with a development zone to |
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facilitate an improvement project or project plan of the district |
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or the development zone; |
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(5) any other revenues, income, or proceeds that in |
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accordance with this Act or other law may be pledged or used for |
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purposes described by Subdivision (4) of this subsection; or |
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(6) any combination of revenues, taxes, or proceeds |
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from one or more of the sources described by Subdivisions (1)-(5) of |
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this subsection. |
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SECTION 2.07. Subsection (b), Section 13, Chapter 289, Acts |
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of the 73rd Legislature, Regular Session, 1993, is amended to read |
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as follows: |
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(b) The district and a municipality any part of which is |
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located in the boundaries of the district [or impact area] may enter |
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into and carry out an interlocal agreement for the accomplishment |
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of an improvement project or the provision of a facility, a service, |
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or equipment by the district in or for the benefit of the |
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municipality. Notwithstanding any other law, payment for the |
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improvement project, facility, service, or equipment may be made or |
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pledged by the municipality to the district out of any money the |
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municipality collects under Chapter 351, Tax Code, or out of any |
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other available money. |
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SECTION 2.08. Section 14, Chapter 289, Acts of the 73rd |
|
Legislature, Regular Session, 1993, is amended to read as follows: |
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Sec. 14. DISSOLUTION. (a) The board may elect by majority |
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vote to dissolve the district at any time[, and the board shall
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dissolve the district on written petition of the owners of 75
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percent, in terms of acreage, of the real property in the district]; |
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however, the district may not be dissolved by the board if the |
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district has any outstanding indebtedness or contractual |
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obligations, including obligations under a regional participation |
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agreement authorized by this Act or other law, until such |
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indebtedness or contractual obligations have been repaid or |
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discharged, unless the indebtedness or contractual obligations |
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have been assumed by another governmental entity with the power and |
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authority to repay or discharge them. |
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(b) After the board elects to dissolve the district, the |
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board shall transfer ownership of all property and assets of the |
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district to Montgomery County, except as provided by Subsection (c) |
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of this section. |
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(c) If on the date of the vote to dissolve the district more |
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than 50 percent of the territory within the district is within the |
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boundaries [corporate limits] of another governmental entity that |
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has assumed the indebtedness and contractual obligations of the |
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district under Subsection (a) of this section [a municipality], the |
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board shall transfer ownership of the district's property and |
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assets to that governmental entity [municipality]. |
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(d) The district may not be dissolved by a municipality |
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annexing all or part of [in which] the district [is located]. |
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SECTION 2.09. The following provisions of Chapter 289, Acts |
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of the 73rd Legislature, Regular Session, 1993, are repealed: |
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(1) Subdivision (4), Section 2; |
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(2) Subsections (b), (c), and (k), Section 8; |
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(3) Subsection (d), Section 9; and |
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(4) Subsection (e), Section 11C. |
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ARTICLE 3. PROCEDURAL MATTERS AND EFFECTIVE DATES |
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SECTION 3.01. The legislature finds that proper and legal |
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notice of the intention to introduce this Act, setting forth the |
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general substance of this Act, has been published as provided by |
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law, that the notice and a copy of this Act have been furnished to |
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all persons, agencies, officials, or entities to which they are |
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required to be furnished by the constitution and laws of this state, |
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including the governor, who has submitted the notice and Act to the |
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Texas Commission on Environmental Quality, that the Texas |
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Commission on Environmental Quality has filed its recommendations |
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relating to this Act with the governor, lieutenant governor, and |
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speaker of the house of representatives within the required time, |
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and that all requirements of the constitution and laws of this state |
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and the rules and procedures of the legislature with respect to the |
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notice, introduction, and passage of this Act have been fulfilled |
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and accomplished. |
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SECTION 3.02. (a) Article 2 of this Act takes effect only |
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if a majority of the voters, at an initial confirmation election |
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held under Section 7-a and Subsection (e), Section 9, Chapter 289, |
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Acts of the 73rd Legislature, Regular Session, 1993, as added by |
|
Article 1 of this Act, approve the propositions. If no election is |
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held under Section 7-a or Subsection (e), Section 9, Chapter 289, |
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Acts of the 73rd Legislature, Regular Session, 1993, as added by |
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Article 1 of this Act, or if the election is held but the voters do |
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not approve the propositions or the propositions are deemed not to |
|
have been passed, Article 2 of this Act has no effect. |
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(b) If Article 2 of this Act takes effect under Subsection |
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(a) of this section, the effective date of Article 2 of this Act is |
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the date the results of the election are officially declared. |
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SECTION 3.03. Except as otherwise provided by this Act, |
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this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4109 was passed by the House on May |
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11, 2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4109 on May 24, 2007, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4109 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |