81R22532 GCB-F
  By: Brown of Kaufman H.B. No. 4769
  relating to the powers and duties of the Lake View Management and
  Development District; providing authority to impose a tax and issue
  bonds; granting certain powers relating to navigation
  improvements; and granting powers of a road district.
         SECTION 1.  Section 3828.053, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3828.053.  VACANCY.  (a) The remaining directors shall
  fill a vacancy on the board by appointing a person who meets the
  qualifications prescribed by Section 3828.052.
         (b)  If there are fewer than three directors, on petition by
  the owner or owners of a majority of the assessed value of the real
  property in the district according to the most recent certified tax
  appraisal roll for Henderson County, the Commissioners Court of
  Henderson County shall appoint the necessary number of directors to
  fill all board vacancies.
         SECTION 2.  Subchapter B, Chapter 3828, Special District
  Local Laws Code, is amended by adding Section 3828.0535 to read as
         Sec. 3828.0535.  VOTING REQUIREMENT. A concurrence of a
  majority of the total membership of the board is sufficient for
  transacting any business of the district.
         SECTION 3.  Section 3828.055, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3828.055.  OFFICERS.  The board shall elect from among
  the directors a presiding officer, a vice presiding officer, [and]
  a secretary, and any other officers the board considers necessary.
         SECTION 4.  Section 3828.101, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3828.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties provided by:
               (1)  the general laws relating to conservation and
  reclamation districts created under Section 59, Article XVI, Texas
  Constitution, including Chapters 49 and 54, Water Code, except that
  the district's bonds and other securities are not subject to the
  jurisdiction or supervision of the commission under Chapter 49,
  Water Code, or other law;
               (2)  the general laws relating to road districts and
  road utility districts created under Section 52(b), Article III,
  Texas Constitution, including Chapters 257 and [Chapter] 441,
  Transportation Code;
               (3)  Chapter 372, Local Government Code, in the same
  manner as a municipality or a county;
               (4)  Chapter 375, Local Government Code; and
               (5)  Chapter 505, Local Government Code.
         SECTION 5.  Section 3828.102, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3828.102.  IMPROVEMENT PROJECTS.  The district may
  provide, or it may enter into contracts with a governmental or
  private entity to provide, the following types of improvement
  projects or activities in support of or incidental to those
               (1)  a retail or wholesale water treatment, supply, and
  distribution facility or system to provide potable and nonpotable
  water to the residents and businesses of the district, including a
  wastewater and sewerage collection and treatment facility or
  system, provided that treated effluent water resulting from a
  sewerage treatment facility operated by or in the district may be
  used by the district for irrigation in the district;
               (2)  septic tank maintenance services inside or outside
  the district and solid waste disposal services if the board
  determines the action to be necessary and appropriate to protect
  the district;
               (3)  a macadamized, graveled, or paved road, street, or
  turnpike, inside and outside the district to the extent authorized
  by Section 52, Article III, Texas Constitution;
               (4)  the planning, design, construction, improvement,
  and maintenance of:
                     (A)  landscaping;
                     (B)  highway right-of-way or transit corridor
  beautification and improvement;
                     (C)  lighting, banners, and signs;
                     (D)  a street or sidewalk;
                     (E)  a hiking and cycling path or trail;
                     (F)  a pedestrian walkway, skywalk, crosswalk, or
                     (G)  a park, lake, garden, recreational facility,
  sports facility, open space, scenic area, or related exhibit or
                     (H)  a fountain, plaza, or pedestrian mall; or
                     (I)  a drainage or storm-water detention
               (5)  protection and improvement of the quality of storm
  water that flows through the district;
               (6)  the planning, design, construction, improvement,
  maintenance, and operation of:
                     (A)  a solid waste, water, sewer, or power
  facility or service, including an electrical, gas, steam, or
  chilled water facility; or
                     (B)  an off-street parking facility or heliport;
               (7)  the planning and acquisition of:
                     (A)  public art and sculpture and related exhibits
  and facilities; or
                     (B)  an educational and cultural exhibit or
               (8)  the planning, design, construction, acquisition,
  lease, rental, improvement, maintenance, installation, and
  management of and provision of furnishings for a facility for:
                     (A)  a conference, convention, or exhibition;
                     (B)  a manufacturer, consumer, or trade show;
                     (C)  a civic, community, or institutional event;
                     (D)  an exhibit, display, attraction, special
  event, or seasonal or cultural celebration or holiday;
               (9)  the removal, razing, demolition, or clearing of
  land or improvements in connection with an improvement project;
               (10)  the acquisition and improvement of land or other
  property for the mitigation of the environmental effects of an
  improvement project;
               (11)  the acquisition of property or an interest in
  property in connection with an authorized improvement project;
               (12)  a special or supplemental service for the
  improvement and promotion of the district or an area adjacent to the
  district or for the protection of public health and safety in or
  adjacent to the district, including:
                     (A)  advertising;
                     (B)  promotion;
                     (C)  tourism;
                     (D)  health and sanitation;
                     (E)  public safety;
                     (F)  security;
                     (G)  fire protection or emergency medical
                     (H)  business recruitment;
                     (I)  development;
                     (J)  elimination of traffic congestion; and
                     (K)  recreational, educational, or cultural
  improvements, enhancements, and services; [or]
               (13)  a canal, waterway, bulkhead, or dock, inside or
  outside the district's boundaries, that is necessary to, incidental
  to, or in aid of the navigation of inland water;
               (14)  a floodplain or wetlands regulation project,
  including the acquisition of necessary local, state, or federal
  permits; or
               (15)  any similar public improvement, facility, or
         SECTION 6.  Section 3828.151, Special District Local Laws
  Code, is amended to read as follows:
  The district may:
               (1)  impose an ad valorem tax [in accordance with
  Chapter 375, Local Government Code,] on all taxable property in the
               (2)  impose an assessment or impact fee in the manner
  provided for a municipality or county under Chapter 372, Local
  Government Code, on all industrial, commercial, and residential
  property in the district;
               (3)  impose and apply the proceeds from a sales and use
  tax, and a hotel occupancy tax, as authorized by this chapter;
               (4)  impose a rate, fee, or charge for the use of an
  improvement project or the consumption of a product resulting from
  an improvement project;
               (5)  borrow money for a district purpose by issuing or
  executing bonds, notes, credit agreements, or other obligations of
  any kind found by the board to be necessary or appropriate for the
  district purpose;
               (6)  establish, revise, repeal, enforce, collect, and
  apply the proceeds from a user fee or charge for the enjoyment,
  sale, rental, or other use of a district facility, service,
  property, or improvement project;
               (7)  provide or secure the payment or repayment of the
  costs and expenses of the establishment, administration, and
  operation of the district and the district's costs or share of the
  costs of an improvement project or district contractual obligation
  or indebtedness by or through a lease, installment purchase
  contract, or other agreement with any person, or the imposition of
  taxes, user fees, concessions, rentals, or other revenues or
  resources of the district;
               (8)  establish user charges related to the operation of
  various public services, including public water supply services,
  for the collection and treatment of wastewater, and for the
  operation of storm-water facilities, including the regulation of
  storm water for the protection of water quality in the district, and
  for the provision of septic tank maintenance services inside and
  outside the district;
               (9)  undertake separately or jointly with other persons
  all or part of the cost of an improvement project, including an
  improvement project:
                     (A)  for improving, enhancing, and supporting
  public safety and security, fire protection and emergency medical
  services, and law enforcement in and adjacent to the district; or
                     (B)  that confers a general benefit on the entire
  district or a special benefit on a definable part of the district;
               (10)  enter into a tax abatement agreement in
  accordance with the general laws of this state authorizing and
  applicable to tax abatement agreements by municipalities.
         SECTION 7.  (a)  All governmental and proprietary actions of
  the Lake View Management and Development District taken before the
  effective date of this Act are validated, ratified, and confirmed
  in all respects as if the actions had been taken as authorized by
         (b)  This section does not apply to any matter that on the
  effective date of this Act:
               (1)  is involved in litigation if the litigation
  ultimately results in the matter being held invalid by a final court
  judgment; or
               (2)  has been held invalid by a final court judgment.
         SECTION 8.  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; and
               (3)  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 9.  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.