81R6599 SJM-D
 
  By: Brown of Kaufman H.B. No. 4789
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Kaufman County Parks Improvement
  District; providing authority to impose a tax and issue bonds;
  providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3873 to read as follows:
  CHAPTER 3873. KAUFMAN COUNTY PARKS IMPROVEMENT DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3873.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Forney.
               (3)  "Commissioners court" means the Commissioners
  Court of Kaufman County.
               (4)  "County" means Kaufman County.
               (5)  "Director" means a board director.
               (6)  "District" means the Kaufman County Parks
  Improvement District.
               (7)  "Park" includes any land, including any
  improvements to the land, that is located in the district or owned
  or leased by the city for use of the general public.
         Sec. 3873.002.  NATURE OF DISTRICT. The Kaufman County
  Parks Improvement District is a special district created under
  Section 59, Article XVI, Texas Constitution.
         Sec. 3873.003.  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, the
  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 promote,
  develop, encourage, and maintain tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city or county 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 city or county services
  provided in the area in the district.
         Sec. 3873.004.  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 creation of the district is in the public interest
  and is essential to:
               (1)  further the public purposes of developing and
  diversifying the economy of the state; and
               (2)  preserve and conserve the natural resources of the
  state.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, employees, potential employees, visitors,
  and consumers in the district, and of the public;
               (2)  promote the health, safety, welfare, and enjoyment
  of the public by landscaping, developing, maintaining, financing,
  operating, and making capital improvements to parks in the
  district, which are necessary for the restoration, preservation,
  and enhancement of scenic beauty;
               (3)  conserve the natural resources of the district;
  and
               (4)  cooperate with the city in the furtherance of
  common purposes of the city and the district.
         (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. 3873.005.  INITIAL DISTRICT TERRITORY.  The district is
  initially composed of the territory described by Section 2 of the
  Act enacting this chapter.
         Sec. 3873.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created under
  Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code; or
               (3)  an enterprise zone created under Chapter 2303,
  Government Code.
         Sec. 3873.007.  LIBERAL CONSTRUCTION OF CHAPTER. This
  chapter shall be liberally construed in conformity with the
  findings and purposes stated in this chapter.
  [Sections 3873.008-3873.050 reserved for expansion]
  SUBCHAPTER B. CONFIRMATION OF CREATION OF DISTRICT
         Sec. 3873.051.  CONFIRMATION ELECTION. (a)  The
  commissioners court may order an election on the issue of
  confirming the creation of a district:
               (1)  on the commissioners court's own motion; or
               (2)  after the filing of a written petition signed by a
  number of the registered voters who reside in the area of the
  proposed district equal to at least five percent of the votes
  received in that area in the most recent gubernatorial general
  election.
         (b)  The petition or commissioners court's motion must
  include:
               (1)  the name of the district;
               (2)  an accurate description of the area included in
  the district by any appropriate method, including by metes and
  bounds and by public roads or rights-of-way; and
               (3)  an accurate plat of the area included in the
  district.
         Sec. 3873.052.  NOTICE OF HEARING. (a)  If a petition is
  filed under Section 3873.051(a)(2), the commissioners court shall
  set a date for a hearing on the petition that is after the 20th day
  but on or before the 40th day after the date the petition is filed.
         (b)  The commissioners court shall publish notice of the
  petition and the hearing date in a newspaper of general circulation
  in the county.
         (c)  The notice must be published once each week for a period
  of two weeks before the hearing date.
         Sec. 3873.053.  HEARING. (a)  At the hearing, evidence
  shall be taken as in civil cases in the county court. The
  commissioners court shall hear all arguments for and against
  confirming the creation of the district.
         (b)  The hearing may be adjourned from time to time on good
  cause shown.
         (c)  The commissioners court shall grant the petition and
  order the election on the issue of confirming the creation of the
  district if the commissioners court finds that:
               (1)  the petition is signed by the required number of
  registered voters;
               (2)  the district will serve the purposes prescribed by
  Sections 3873.003 and 3873.004; and
               (3)  the district includes any area within the
  boundaries of the city.
         Sec. 3873.054.  CONFIRMATION ELECTION. (a)  The election
  shall be held in the area of the proposed district on the date of the
  first regularly scheduled countywide election that follows the date
  of the order of the election and for which there is sufficient time
  to comply with other requirements of law.
         (b)  The returns on the election shall be certified and
  canvassed and the results declared, in the same manner as provided
  for other county elections. If a majority of the votes received on
  the issue favor creation of the district, the commissioners court
  shall declare the creation of the district confirmed and shall
  enter the results in its minutes at its next regularly scheduled
  meeting.
         Sec. 3873.055.  COSTS OF CREATION, CONFIRMATION, AND
  ORGANIZATION. The costs necessarily incurred in the creation,
  confirmation, and organization of the district may be paid from the
  district's tax revenue or from revenue from bond anticipation
  notes, the first revenue bonds issued by the district, or any other
  source.
  [Sections 3873.056-3873.100 reserved for expansion]
  SUBCHAPTER C. BOARD OF DIRECTORS
         Sec. 3873.101.  GOVERNING BODY; TERMS. The district is
  governed by a board of five directors who serve staggered terms of
  four years, with two or three directors' terms expiring June 1 of
  each odd-numbered year.
         Sec. 3873.102.  ELECTION DATE. The board shall hold
  elections for directors on the uniform election date in May in
  odd-numbered years.  The elections of the first directors under
  this section shall be held on the first uniform election date in May
  that occurs in the years in which initial directors' terms expire
  under Section 3873.107.
         Sec. 3873.103.  ELIGIBILITY. (a) A director must be a
  citizen of the United States and must reside in the district.
         (b)  A director may not be an officer or employee of the
  county or the city.
         (c)  A director may not serve more than four consecutive full
  terms.
         Sec. 3873.104.  VACANCY. If a vacancy occurs on the board,
  the board shall appoint a person to fill the vacancy for the
  remainder of the unexpired term.
         Sec. 3873.105.  QUORUM. Four directors constitute a quorum
  of the board. The board may act on the majority of the vote of the
  assembled quorum.
         Sec. 3873.106.  COMPENSATION AND REIMBURSEMENT. A director
  is not entitled to compensation but is entitled to reimbursement
  for necessary expenses, including travel expenses, incurred in
  performing the duties of a director. If the amount of a director's
  reimbursement for necessary expenses exceeds $250, the board must
  approve the reimbursement.
         Sec. 3873.107.  INITIAL VOTING DIRECTORS. (a) The initial
  board consists of the following voting directors:
                 Pos. No.Name of Director
                     1       _______________
                     2       _______________
                     3       _______________
                     4       _______________
                     5       _______________
         (b)  Of the initial directors, the terms of directors
  appointed for positions 1 through 3 expire June 1, 2011, and the
  terms of directors appointed for positions 4 and 5 expire June 1,
  2013.
         (c)  Section 3873.102 does not apply to this section.
         (d)  If permanent directors have not been elected under
  Section 3873.102 and the terms of the temporary directors expire,
  the commissioners court shall appoint successor temporary
  directors to serve four-year terms.
  [Sections 3873.108-3873.150 reserved for expansion]
  SUBCHAPTER D. POWERS AND DUTIES
         Sec. 3873.151.  DEPOSITORIES AND DISBURSEMENTS. (a) Money
  and other funds belonging to or under control of the board are
  public funds.
         (b)  The board shall select depositories for the money.
         (c)  A warrant or check for the withdrawal of money must be
  signed by two persons authorized to sign a warrant or check by
  resolution entered in the minutes of the board.
         Sec. 3873.152.  PERSONNEL. (a) The board may employ
  managers, secretaries, stenographers, bookkeepers, accountants,
  technical experts, and any other support personnel or agents the
  board considers necessary.
         (b)  The board shall determine the qualifications and set the
  duties of employees.
         (c)  The board may call on the county attorney, district
  attorney, or criminal district attorney of the county for the legal
  services it requires. In addition, or in the alternative, the board
  may contract for and compensate its own legal staff.
         Sec. 3873.153.  SEAL. The board shall adopt a seal to place
  on each lease, deed, or other instrument usually executed under
  seal and on other instruments as the board requires.
         Sec. 3873.154.  CONTRACTS. (a) The board may enter into any
  contract that the board considers necessary or convenient to carry
  out the purposes and powers granted by this chapter, including a
  lease or other contract connected with, incident to, or affecting
  the acquisition, financing, construction, equipment, maintenance,
  renovation, repair, improvement, or operation of real property or
  facilities.
         (b)  If the contract is for an amount less than or equal to
  the amount provided by Section 262.023, Local Government Code, the
  board may enter into the contract without advertisement. If the
  contract is for more than that amount, the contract is subject to
  the bidding provisions for contracts applicable to a county under
  that section.
         (c)  To be effective, a contract must be:
               (1)  approved by resolution of the board;
               (2)  executed by the president or vice president; and
               (3)  attested by the secretary or treasurer.
         Sec. 3873.155.  SUITS. The board may sue and be sued in its
  own name.
         Sec. 3873.156.  DISTRICT RULES AND ORDERS; CRIMINAL PENALTY;
  CIVIL ENFORCEMENT. (a) The board may adopt reasonable rules and
  orders applicable to:
               (1)  the administration, enforcement, and collection
  of district taxes;
               (2)  littering and litter abatement in the parks in the
  district, including the possession and disposition of glass
  containers;
               (3)  activities that endanger the health and safety of
  persons or property in parks in the district;
               (4)  tenants, business privileges, concessionaires,
  users, and activities affecting district property and facilities,
  including any provision necessary to protect and conserve natural
  resources; and
               (5)  a road that borders or runs through a park, subject
  to an applicable municipal ordinance.
         (b)  A police officer, constable, sheriff, or other law
  enforcement officer with jurisdiction in the county may arrest a
  person violating rules or orders of the board and carry out the
  prosecution of a person arrested under this subsection in the
  proper court.
         (c)  A person who violates a rule or order adopted under this
  section commits an offense. An offense under this section is a
  Class C misdemeanor.
         (d)  The county attorney, district attorney, and criminal
  district attorney or an attorney retained by the board for this
  purpose may bring an action to enjoin a violation of board rules or
  orders.
         Sec. 3873.157.  BOND NOT REQUIRED. If the board brings an
  action to enforce this subchapter or enjoin a violation of a rule or
  order adopted by the board under this subchapter, the board is not
  required to post a bond.
         Sec. 3873.158.  POWER TO ACQUIRE PROPERTY. (a) For the
  conservation of the district's natural resources, the board may
  acquire land in the county, inside or outside the district,
  including streams, lakes, submerged lands, and swamplands, to
  create parks. The board may develop, improve, protect, and promote
  the land in a manner the board considers conducive to the general
  welfare.
         (b)  The land may be acquired by:
               (1)  gift or devise;
               (2)  lump-sum payment; or
               (3)  installment payments regardless of an option to
  purchase.
         (c)  The district does not have the power of eminent domain.
         (d)  The commissioners court by eminent domain may not
  acquire land for park purposes and subsequently transfer by any
  means the land or control of the land to the board for park
  purposes. If the commissioners court by eminent domain acquires
  land for purposes other than park purposes, the court may not
  subsequently transfer by any means the land or control of the land
  to the board for park purposes unless at least 10 years have expired
  after the date of the acquisition by the court. This subsection
  applies only to land that the commissioners court acquires by
  eminent domain.
         Sec. 3873.159.  SALE OR LEASE OF LANDS. (a) If the board
  determines that land owned by the district is not necessary for the
  purposes for which the land was acquired, the board may sell and
  dispose of the land on terms the board considers advisable.
         (b)  The board may lease or permit the use of land for
  purposes consistent with the purposes for which the land was
  acquired and on terms the board considers advisable.
         (c)  Before land owned by the district may be sold, once a
  week for four consecutive weeks in a newspaper of general
  circulation in the county the board must publish a notice of its
  intention to sell the land. The notice must include an accurate
  description of the land, the time of a public hearing that is before
  the 10th day before the disposition date, and the time and place at
  which sealed bids will be received.
         Sec. 3873.160.  ACCEPTANCE OF GRANTS AND GRATUITIES. To
  promote, establish, or accomplish a purpose of this chapter, the
  board may:
               (1)  accept grants and gratuities in any form from any
  source, including the United States government, this state, any
  state or federal agency, any private or public corporation, or any
  other person;
               (2)  accept donations of money or other property; and
               (3)  act as trustee of land, money, or other property.
         Sec. 3873.161.  COOPERATION WITH OTHER PUBLIC AUTHORITIES.
  Under an agreement with a public authority, including the city, in
  control of parkland in the county, the district may assume control
  of all or part of the parkland in or contiguous to the district or
  may contract or cooperate with the authority in connection with the
  use, development, improvement, and protection of the parkland.
         Sec. 3873.162.  REQUIREMENTS FOR RENTAL OF WATER-ORIENTED
  RECREATIONAL EQUIPMENT. (a) This section applies only to the
  rental of water-oriented recreational equipment in the district.
         (b)  A person may not rent water-oriented recreational
  equipment to a person younger than 18 years of age.
         (c)  A person may rent water-oriented recreational equipment
  to a person who is at least 18 years of age only if:
               (1)  each person who is at least 18 years of age who
  will use the equipment signs a written agreement for the rental of
  that equipment; and
               (2)  each person who will use the equipment, regardless
  of age, is listed on the agreement.
         Sec. 3873.163.  PLAN FOR DEVELOPMENT OF PARKS; ANNUAL
  BUDGET; FILING. (a)  The board shall develop and approve a
  three-year master plan for capital development and the development
  of parks and district facilities.
         (b)  The board shall annually review and revise the master
  plan during the budget process and shall file a copy of the master
  plan and revisions with the county clerk.
         (c)  The board shall annually develop and approve a one-year
  budget that must include the suggested revisions and additions to
  the master plan.
         (d)  The board shall submit the annual budget to the
  commissioners court for approval and shall file a copy with the
  county clerk.
  [Sections 3873.164-3873.200 reserved for expansion]
  SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
         Sec. 3873.201.  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. 3873.202.  GENERAL OBLIGATION AND REVENUE BONDS. For
  the payment of all or part of the costs of a park improvement
  project or park services, the board may issue bonds in one or more
  series payable from and secured by ad valorem taxes, revenues,
  grants, gifts, contracts, leases, or any combination of those
  funds. Bonds may be liens on all or part of the revenue derived from
  park improvements or services authorized under this chapter.
         Sec. 3873.203.  TERMS AND CONDITIONS OF BONDS. (a) Bonds may
  be issued to mature serially or otherwise not more than 40 years
  from their date of issue.
         (b)  If provided by the bond order or resolution, the
  proceeds from the sale of bonds may be used to pay interest on the
  bonds during and after the period of the acquisition or
  construction of any park improvement project to be provided through
  the issuance of the bonds, to administrative and operation expenses
  to create a reserve fund for the payment of the principal of and
  interest on the bonds, and to create any other funds.
         Sec. 3873.204.  PLEDGES.  (a)  The board may pledge all or
  part of the income from park improvement projects financed under
  this chapter or from any other source to the payment of the bonds,
  including the payment of principal, interest, and any other amounts
  required or permitted in connection with the bonds. The pledged
  income shall be set and collected in amounts that will be at least
  sufficient, with any other pledged resources, to provide for all
  payments of principal, interest, and any other amounts required in
  connection with the bonds and, to the extent required by the order
  or resolution authorizing the issuance of the bonds, to provide for
  the payment of expenses in connection with the bonds and to pay
  operation, maintenance, and other expenses in connection with the
  improvement projects authorized under this chapter.
         (b)  Bonds may be additionally secured by a mortgage or deed
  of trust on real property relating to the facilities authorized
  under this chapter owned or to be acquired by the district and by
  chattel mortgages, liens, or security interests on personal
  property appurtenant to that real property. The board may
  authorize the execution of trust indentures, mortgages, deeds of
  trust, or other forms of encumbrance to evidence the indebtedness.
         (c)  The board may pledge to the payment of the bonds all or
  any part of any grant, donation, revenue, or income received or to
  be received from the United States government or any other public or
  private source.
         Sec. 3873.205.  MUNICIPAL APPROVAL.  (a)  A district must
  obtain the approval of the governing body of the city before issuing
  bonds for a park improvement project and for the plans and
  specifications of a park improvement project financed by the bond
  issuance.
         (b)  Instead of approval of bonds by the city, the district
  before finally approving a capital improvements budget may obtain
  approval from the governing body of the city of a capital
  improvements budget for a period not to exceed five years. If a
  district obtains approval of a capital improvements budget, it may
  finance the capital improvements and issue bonds specified in the
  budget without further approval from the city.
         (c)  The district must obtain approval from the city of the
  plans and specifications of any park improvement project that
  involves the use of the rights-of-way of streets, roads, or
  highways or the use of city land or any easements granted by the
  city.
         (d)  The city is not obligated to pay any bonds, notes, or
  other obligations of the district.
         Sec. 3873.206.  AD VALOREM TAX; ELECTION. (a) The district
  must hold an election in the manner provided by Subchapter L,
  Chapter 375, Local Government Code, to obtain voter approval before
  the district imposes an ad valorem tax.
         (b)  If authorized at an election under Subsection (a) and
  subject to Subsection (c), the district may impose an annual ad
  valorem tax on taxable property in the district to:
               (1)  maintain and operate the district;
               (2)  construct or acquire park improvements; or
               (3)  provide a park service.
         (c)  The board shall determine the tax rate. The tax rate may
  not exceed 35 cents per $100 valuation.
  [Sections 3873.207-3873.250 reserved for expansion]
  SUBCHAPTER F. DISSOLUTION
         Sec. 3873.251.  DISSOLUTION. (a) The commissioners court by
  order may dissolve the district. The order may be adopted:
               (1)  on the commissioners court's own motion; or
               (2)  after the filing of a written petition signed by a
  number of the registered voters who reside in the district equal to
  at least 10 percent of the votes received in the district in the
  most recent gubernatorial general election.
         (b)  The commissioners court shall give notice of a hearing
  on the petition and hold a hearing in the manner prescribed by
  Sections 3873.052 and 3873.053 for a petition for confirming the
  creation of the district.
         (c)  The commissioners court shall grant the petition and
  order the dissolution of the district if the court finds that the
  petition meets the requirements of this section and that the
  dissolution is in the best interest of the county.
         (d)  On dissolution of the district, the property and other
  assets, the debts and other liabilities, and the obligations of the
  district that are not related to city property become those of the
  county. The property and other assets, the debts and other
  liabilities, and the obligations of the district that are related
  to city property become those of the city.
         SECTION 2.  The Kaufman County Parks Improvement District
  initially includes all territory contained in Forney Independent
  School District that is not included in the boundaries of the City
  of Forney as it exists on the effective date of this Act.
         SECTION 3.  (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 4.  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.