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Amend CSHB 725 (senate committee printing) as follows:
(1)  Before SECTION 1 of the bill, between the enacting clause and "SECTION 1." (page 1, between lines 12 and 13), insert the following:
ARTICLE 1. GENERAL PROVISIONS
(2)  Renumber the SECTIONS of ARTICLE 1 (page 1, line 13, through page 14, line 1) appropriately.
(3)  In SECTION 39 of the bill (page 13, line 63), strike "Act" and substitute "article".
(4)  In SECTION 40 of the bill (page 13, line 65), strike "this Act" and substitute "this article".
(5)  In SECTION 40 of the bill (page 13, line 67), strike "this Act, take" and substitute "this article, take".
(6)  After SECTION 40 of the bill (page 14, line 2), add the following appropriately numbered ARTICLES and SECTIONS:
ARTICLE ___. IMPERIAL REDEVELOPMENT DISTRICT
SECTION ___.01.  Section 8150.001, Special District Local Laws Code, is amended by adding Subdivision (2-a) to read as follows:
(2-a)  "County" means Fort Bend County, Texas.
SECTION ___.02.  Section 8150.002, Special District Local Laws Code, is amended to read as follows:
Sec. 8150.002.  NATURE OF DISTRICT. The district is a municipal utility district in Fort Bend County created under Section 59, Article XVI, Texas Constitution, and is essential to accomplish the purposes of Sections [Section] 52 and 52-a, Article III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.
SECTION ___.03.  Subchapter A, Chapter 8150, Special District Local Laws Code, is amended by adding Section 8150.0025 to read as follows:
Sec. 8150.0025.  DECLARATION OF INTENT. (a) 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 district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, 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 the county from providing services to the area in the district. The district is created to supplement and not to supplant city and county services provided in the district.
SECTION ___.04.  Section 8150.003, Special District Local Laws Code, is amended to read as follows:
Sec. 8150.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) 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 [Section] 52 and 52-a, Article III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(b)  The district is created for the [same] purposes of [as]:
(1)  a municipal utility district as provided by Section 54.012, Water Code;
(2)  [a road utility district created under] Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements in aid of those roads, including drainage improvements [and operating under Chapter 441, Transportation Code, including the purpose of constructing, acquiring, improving, maintaining, and operating roads and road facilities]; and
(3)  the purchase, construction, acquisition, ownership, improvement, maintenance, and operation of the public works and public improvements authorized for a tax increment reinvestment zone operating under Chapter 311, Tax Code, and a municipal management district operating under Chapter 375, Local Government Code.
(c)  The district is created to serve a public use and benefit.
(d)  The creation of the district is in the public interest and is essential to further the public purposes of:
(1)  developing and diversifying the economy of the state;
(2)  eliminating unemployment and underemployment; and
(3)  developing or expanding transportation and commerce.
(e)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)  provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center; and
(3)  promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty.
(f)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, vehicle parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(g)  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.
SECTION ___.05.  Subchapter A, Chapter 8150, Special District Local Laws Code, is amended by adding Section 8150.0035 to read as follows:
Sec. 8150.0035.  FINDING ON SPORTS AND COMMUNITY VENUES. A sports and community venue facility is considered to be a park and recreational facility.
SECTION ___.06.  Subchapter C, Chapter 8150, Special District Local Laws Code, is amended by adding Sections 8150.1025, 8150.105, 8150.106, 8150.107, 8150.108, 8150.109, and 8150.110 to read as follows:
Sec. 8150.1025.  MUNICIPAL MANAGEMENT DISTRICT PROJECTS AND SERVICES. The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement, improvement project, or service using money available to the district, or contract with a governmental or private entity to provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement, improvement project, or service authorized under this chapter or Chapter 375, Local Government Code.
Sec. 8150.105.  DEVELOPMENT CORPORATION POWERS. The district, using money available to the district, may exercise the powers given to a development corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, or maintain a project under that chapter.
Sec. 8150.106.  NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.
(b)  The nonprofit corporation:
(1)  has each power of and is considered to be a local government corporation created under Subchapter D, Chapter 431, Transportation Code; and
(2)  may implement any project and provide any service authorized by this chapter.
(c)  The board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Subchapter D, Chapter 431, Transportation Code, except that a board member is not required to reside in the district.
Sec. 8150.107.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.
Sec. 8150.108.  ECONOMIC DEVELOPMENT. (a) The district may engage in activities that accomplish the economic development purposes of the district.
(b)  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.
(c)  The district may create economic development programs and exercise the economic development powers that:
(1)  Chapter 380, Local Government Code, provides to a municipality; and
(2)  Subchapter A, Chapter 1509, Government Code, provides to a municipality.
Sec. 8150.109.  PARKING FACILITIES. (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances.
(b)  The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.
(c)  The district's parking facilities are parts of and necessary components of a street and are considered to be a street or road improvement.
(d)  The development and operation of the district's parking facilities may be considered an economic development program.
Sec. 8150.110.  SPORTS AND COMMUNITY VENUE FACILITIES. (a) The district may acquire, sell, lease as lessor or lessee, convey, construct, finance, develop, own, operate, maintain, acquire real property interests for, demolish, or reconstruct a sports and community venue facility.
(b)  A sports and community venue facility authorized under this section includes:
(1)  an arena, coliseum, stadium, or other type of area or facility that is used or is planned for use for one or more professional or amateur sports events, community events, other sports events, promotional events, and other civic or charitable events;
(2)  a convention center facility or related improvement such as a convention center, civic center, civic center building, civic center hotel, auditorium, theater, opera house, music hall, exhibition hall, rehearsal hall, park, performing arts center, museum, aquarium, or plaza that is located in the vicinity of a convention center or facility owned by a municipality or a county; and
(3)  a facility related to a sports and community venue facility, including a store, restaurant, on-site hotel, concession, or other on-site or off-site improvement that relates to and enhances the use, value, or appeal of a sports and community venue, including an area adjacent to the venue, and any other expenditure reasonably necessary to construct, improve, renovate, or expand a venue, including an expenditure for environmental remediation.
SECTION ___.07.  Section 8150.151, Special District Local Laws Code, is amended to read as follows:
Sec. 8150.151.  ROAD PROJECTS. (a) As authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate, inside and outside the district, roads and road improvements [facilities as defined by Chapter 441, Transportation Code].
(b)  The roads and road improvements [facilities] authorized by Subsection (a) may include drainage, landscaping, pedestrian improvements, lights, signs, or signals that are incidental to the roads and their construction, maintenance, or operation.
(c)  The roads and road improvements [facilities] authorized by this section must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of the city.
(d)  On completion of a road or road improvement [facility] authorized by this section, the district, with the consent of the city, may convey the road or road improvement [facility] to the city if the conveyance is free of all indebtedness of the district. If the city becomes the owner of a road or road improvement [facility], the city is responsible for all future maintenance and upkeep and the district has no further responsibility for the road or road improvement [facility] or its maintenance or upkeep, unless otherwise agreed to by the district and the city.
SECTION ___.08.  Section 8150.153, Special District Local Laws Code, is amended to read as follows:
Sec. 8150.153.  REIMBURSEMENT FOR ROAD PROJECT. (a) The district may:
(1)  reimburse a private person for money spent to construct a road or road improvement [facility] that is dedicated or otherwise transferred to public use; or
(2)  purchase a road or road improvement [facility] constructed by a private person.
(b)  The amount paid for the reimbursement or for the purchase of a road or road improvement [facility] under Subsection (a) may:
(1)  include all construction costs, including engineering, legal, financing, and other expenses incident to the construction; or
(2)  be at a price not to exceed the replacement cost of the road or road improvement [facility] as determined by the board.
(c)  The reimbursement or purchase of a road or road improvement [facility] may be paid for with proceeds from the sale of the district's bonds or from any other money available to the district.
(d)  The district may enter into an agreement to use the proceeds of a subsequent bond sale to reimburse a private person under this section. The agreement may provide the terms and conditions under which the road or road improvement [facility] is to be dedicated or transferred for the benefit of the public.
SECTION ___.09.  Subsection (a), Section 8150.201, Special District Local Laws Code, is amended to read as follows:
(a)  The district may issue, without an election, bonds and other obligations secured by:
(1)  revenue [or contract payments] from any source other than ad valorem taxation; or
(2)  contract payments described by Section 8150.203.
SECTION ___.010.  The heading to Section 8150.202, Special District Local Laws Code, is amended to read as follows:
Sec. 8150.202.  OPERATION AND MAINTENANCE [AD VALOREM] TAX.
SECTION ___.011.  Section 8150.202, Special District Local Laws Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:
(a)  If authorized by a majority of the district voters voting at an election held for that purpose [under Section 8150.201], the district may impose an operation and maintenance [annual ad valorem] tax on taxable property in the district in accordance with Section 49.107, Water Code, for any district purpose, including to:
(1)  operate and maintain the district;
(2)  construct or acquire improvements; and
(3)  provide a service [for the provision of services or for the maintenance and operation of the district, including the improvements constructed or acquired by the district].
(c)  Section 49.107(h), Water Code, does not apply to the district.
SECTION ___.012.  Subchapter E, Chapter 8150, Special District Local Laws Code, is amended by adding Sections 8150.203, 8150.204, 8150.205, 8150.206, 8150.207, and 8150.208 to read as follows:
Sec. 8150.203.  CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
Sec. 8150.204.  MONEY USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, finance, operate, or maintain any improvement or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the district.
Sec. 8150.205.  PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b)  The petition must be signed by the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for the county.
Sec. 8150.206.  METHOD OF NOTICE FOR HEARING. The district may mail the notice required by Section 375.115(c), Local Government Code, by certified or first class United States mail. The board shall determine the method of notice.
Sec. 8150.207.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment under Subchapter F, Chapter 375, Local Government Code, for any purpose authorized by this chapter or Chapter 375, Local Government Code, in all or any part of the district.
(b)  An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:
(1)  are a first and prior lien against the property assessed;
(2)  are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)  are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.
(c)  The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
(d)  The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Sec. 8150.208.  TAX AND ASSESSMENT ABATEMENTS. The district may designate reinvestment zones and may grant abatements of a tax or assessment on property in the zones.
SECTION ___.013.  Section 8150.251, Special District Local Laws Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:
(a)  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.
(c)  The limitation on the outstanding principal amount of bonds, notes, and other obligations provided by Section 49.4645, Water Code, does not apply to the district.
SECTION ___.014.  Section 8150.252, Special District Local Laws Code, is amended to read as follows:
Sec. 8150.252.  TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time the district issues bonds [or other obligations] payable wholly or partly from ad valorem taxes, [are issued:
[(1)]  the board shall provide for the annual imposition of [impose] a continuing direct annual ad valorem tax, without limit as to rate or amount, while [for each year that] all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code[; and
[(2)     the district annually shall impose the continuing direct annual ad valorem tax on all taxable property in the district in an amount sufficient to:
[(A)     pay the interest on the bonds or other obligations as the interest becomes due;
[(B)     create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and
[(C)     pay the expenses of imposing the taxes].
SECTION ___.015.  Subchapter F, Chapter 8150, Special District Local Laws Code, is amended by adding Section 8150.257 to read as follows:
Sec. 8150.257.  APPROVAL OF CERTAIN BONDS BY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. Section 375.208, Local Government Code, applies to the district.
SECTION ___.016.  (a) The Imperial Redevelopment District may not exercise a power granted by Section 8150.105, 8150.106, 8150.107, 8150.108, 8150.109, 8150.110, 8150.203, or 8150.208, Special District Local Laws Code, as added by this article, until the governing body of the City of Sugar Land consents to the power by adopting a resolution or ordinance. The governing body may consent to some or all of the sections through the resolution or ordinance. The governing body may not modify a section.
(b)  This section does not affect any consent or authorization granted by the City of Sugar Land to the Imperial Redevelopment District before the effective date of this article.
SECTION ___.017.  This article does not affect bonds or other obligations issued before the effective date of this article. Bonds or other obligations issued before the effective date of this article are governed by the law in effect when the bonds or other obligations were issued, and that law is continued in effect for that purpose.
SECTION ___.018.  Sections 8150.253, 8150.255, and 8150.256, Special District Local Laws Code, are repealed.
SECTION ___.019.  (a) The legislature validates and confirms all acts and proceedings of the Board of Directors of the Imperial Redevelopment District that were taken before the effective date of this article.
(b)  Subsection (a) of this section does not apply to any matter that on the effective date of this article:
(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 ___.020.  (a) The legal notice of the intention to introduce this article, setting forth the general substance of this article, has been published as provided by law, and the notice and a copy of this article 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 this article to the Texas Commission on Environmental Quality.
(c)  The Texas Commission on Environmental Quality has filed its recommendations relating to this article 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 article have been fulfilled and accomplished.
SECTION ___.021.  This article takes effect immediately if this Act 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 article takes effect September 1, 2011.