|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the powers and duties of Harris County Improvement |
|
District No. 5; providing authority to impose a tax and issue bonds. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter C, Chapter 3834, Special District |
|
Local Laws Code, is amended by adding Sections 3834.110, 3834.111, |
|
and 3834.112 to read as follows: |
|
Sec. 3834.110. ANNEXATION OR EXCLUSION OF LAND. (a) The |
|
district may annex land as provided by Subchapter J, Chapter 49, |
|
Water Code. |
|
(b) The district may exclude land as provided by Subchapter |
|
J, Chapter 49, Water Code. Section 375.044(b), Local Government |
|
Code, does not apply to the district. |
|
Sec. 3834.111. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
|
district may establish and provide for the administration of one or |
|
more programs to promote state or local economic development and to |
|
stimulate business and commercial activity in the district, |
|
including programs to: |
|
(1) make loans and grants of public money; and |
|
(2) provide district personnel and services. |
|
(b) The district has all of the powers of a municipality |
|
under Chapter 380, Local Government Code. |
|
Sec. 3834.112. TAX INCREMENT REINVESTMENT ZONES. (a) The |
|
district is authorized to establish and implement tax increment |
|
reinvestment zones as provided in Chapter 311, Tax Code, in the same |
|
manner as a municipality. |
|
(b) All or any part of the district may be included in a tax |
|
increment reinvestment zone, regardless of the percentage of total |
|
value the land represents to the district as a whole, or whether the |
|
land is used for residential purposes. |
|
(c) Section 311.006, Tax Code, does not apply to a |
|
reinvestment zone that contains land within the district. |
|
SECTION 2. Section 3834.156(b), Special District Local Laws |
|
Code, is amended to read as follows: |
|
(b) The district may borrow money according to terms and |
|
conditions determined by the board. Section 375.205, Local |
|
Government Code, does not apply to a loan, line of credit, or other |
|
borrowing from a bank or financial institution secured by revenue |
|
other than ad valorem taxes. [In exercising the district's power
|
|
to borrow, the district may issue a bond or other obligation 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.] |
|
SECTION 3. Section 3834.159, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 3834.159. COMPETITIVE BIDDING. Section 375.221, Local |
|
Government Code, applies to the district only for a contract that |
|
has a value greater than $50,000 [$25,000]. |
|
SECTION 4. Chapter 3834, Special District Local Laws Code, |
|
is amended by adding Subchapter F to read as follows: |
|
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED |
|
PROPERTY |
|
Sec. 3834.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
|
DESIGNATED PROPERTY. The district may define areas or designate |
|
certain property of the district to pay for improvements, |
|
facilities, or services that primarily benefit that area or |
|
property and do not generally and directly benefit the district as a |
|
whole. |
|
Sec. 3834.252. PROCEDURE FOR ELECTION. (a) Before the |
|
district may impose an ad valorem tax or issue bonds payable from ad |
|
valorem taxes of the area defined or property designated under |
|
Section 3834.251, the board must call and hold an election as |
|
provided by Section 3834.157 only in the defined area or in the |
|
boundaries of the designated property. |
|
(b) The board may submit the proposition to the voters on |
|
the same ballot to be used in another election. |
|
Sec. 3834.253. DECLARING RESULT AND ISSUING ORDER. (a) If |
|
a majority of the voters voting at the election approve the |
|
proposition or propositions, the board shall declare the results |
|
and by order shall establish the defined area and describe it by |
|
metes and bounds or designate the specific property. |
|
(b) A court may not review the board's order except on the |
|
ground of fraud, palpable error, or arbitrary and confiscatory |
|
abuse of discretion. |
|
Sec. 3834.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
|
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
|
approval and adoption of the order described in Section 3834.253, |
|
the district may apply separately, differently, equitably, and |
|
specifically its taxing power and lien authority to the defined |
|
area or designated property to provide money to construct, |
|
administer, maintain, and operate services, improvements, and |
|
facilities that primarily benefit the defined area or designated |
|
property. |
|
Sec. 3834.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES |
|
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under |
|
Section 3834.253 is adopted, the district may issue bonds to |
|
provide for any land, improvements, facilities, plants, equipment, |
|
and appliances for the defined area or designated property. |
|
SECTION 5. (a) The legislature validates and confirms all |
|
acts and proceedings of the Board of Directors of Harris County |
|
Improvement District No. 5 that were taken before the effective |
|
date of this Act. |
|
(b) Subsection (a) of 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 |
|
judgment of a court; or |
|
(2) has been held invalid by a final judgment of a |
|
court. |
|
SECTION 6. (a) The 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 |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) 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. |
|
(d) 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. |
|
(e) 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 7. 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. |