By: Coleman H.B. No. 4648

A BILL TO BE ENTITLED

AN ACT

Authorizing municipalities located in counties having a population of more than three million to create residential management districts under Chapter 375, Local Government Code, and prescribing their powers and authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. APPLICABILITY. This subchapter applies only to a municipality the majority of the population of which is located in a county with a population of more than three million. SECTION 2. Title 12, Local Government Code, Subtitle A, Chapter 375, Section 375.021(a) is amended to read as follows: "(a) A district may be created only:

(1) in an area devoted primarily to commercial development and business activity inside the boundaries of a municipality with a population of at least 25,000; or

(2) in an area devoted primarily to commercial development or business activity.

(3) as a Residential Management District. SECTION 3. Title 12, Local Government Code, Subtitle A, Chapter 375, Section 375.027 is amended to read as follows: "A district may not be created within the boundaries of a municipality with a population of more than 1,500,000 unless the district is: (1) outside a radius of 3.5 miles from the county courthouse; or (2) created by a local law bill passed by the legislature; or (3) a Residential Management District. SECTION 4. Title 12, Local Government Code, Subtitle A, Chapter 375, amended to add a new Section 375.094 to read as follows:

a. DEFINITIONS. In this Section:

(1) "Residential area" means an area located in a municipality more than fifty percent of the assessed value of which is single-family or small multi-family residential property;

(2) "Small multi-family residential property" means apartment houses having no more than eight living units.

(3) "Residential Management District" means a residential area created by the municipality pursuant to this Act.

b. CREATION.

Upon petition by more than sixty percent of the owners of land within defined boundaries of a Residential Area, which shall include more than fifty percent of the assessed value within the defined boundaries, the municipality shall create a Residential Management District.

c. POWERS AND AUTHORITY.

(1) A Residential Management District, when created by the municipality, may be authorized to carry out construction, acquisition, improvement, relocation, operation, lease as lessee or lessor, or maintenance of:

(A) landscaping; lighting, banners and signs; streets, alleys, or sidewalks; pedestrian skywalks, crosswalks, or tunnels; drainage improvements; pedestrian malls; solid waste, water, sewer or power facilities, including, but not limited to, electrical, gas, steam, cogeneration, and chilled water facilities; parks, lakes, recreation, and scenic areas; fountains; off-street parking systems and facilities, and the cost of any demolition in connection with providing any such improvement project;

(B) other improvements similar to those described in Subdivision (A) of this subsection;

(C) the acquisition of real property or any interest therein in connection with an authorized improvement in any manner authorized the municipality; provided, however, the district shall not have the power of eminent domain;

(D) special supplemental services for improvements and promotion of the Residential Management District, including but not limited to advertising, promotion, health and sanitation, public safety, security, business recruitment, development, elimination of traffic congestion, assistance in improving transit and parking, recreation, and cultural enhancements; and

(E) expenses incurred in the establishment, administration, and operation of the district.

(F) establishment of land use regulations to the extent authorized by Texas law, subject to approval by the municipality.

(2) The board of directors of the district may set and determine, and the district may charge, impose, levy, and collect fees, charges, and tolls for the use of district improvements and facilities.

d. SELECTION OF BOARD.

(1) The initial Board of Directors shall have no fewer than five (5) or more than nine (9) directors, the initial members of which shall be appointed by the municipality.

(2) No later than the next regularly-scheduled municipal election, the Board shall be elected by residents of the Residential Management District in the same manner as other municipal elected officials.

SECTION 5. 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, 2009.