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BILL ANALYSIS

 

 

Senate Research Center

H.B. 1651

82R9290 NAJ-F

By: Alonzo (West)

 

Intergovernmental Relations

 

5/16/2011

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The North Oak Cliff Municipal Management District (district) was created by the 80th Legislature.  H.B. 1651 amends the original legislation created to establish the district and provides that the district's bonds may be secured by revenue received by the district under Chapter 311, Tax Code, and to authorize the establishment of defined areas.

 

H.B. 1651 amends current law relating to the North Oak Cliff Municipal Management District.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 3884.157(c), Special District Local Laws, to authorize North Oak Cliff Municipal Management District (district) bonds, in addition to the sources of money described by Subchapter A, Chapter 372, Local Government Code, and Subchapter J, Chapter 375, Local Government Code, to be secured and made payable wholly or partly by a pledge of any part of the money the district receives from system or improvement project revenue or from any other source, including revenue received by the district under Chapter 311, Tax Code.

 

SECTION 2.  Amends Chapter 3884, Special District Local Laws Code, by adding Subchapter F, as follows:

 

SUBCHAPTER F.  DEFINED AREAS

 

Sec. 3884.301.  AUTHORITY TO ESTABLISH DEFINED AREAS OR DESIGNATED PROPERTY.  Authorizes the district, as provided by this subchapter, to 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. 3884.302.  PROCEDURE TO ESTABLISH DEFINED AREAS OR DESIGNATED PROPERTY.  Authorizes the district's board of directors (board) to adopt an order establishing one or more defined areas or designating property under Section 3884.301.  Requires that the order describe each defined area by metes and bounds or designate the specific property.

 

Sec. 3884.303.  TAX OR BOND ELECTION.  Requires the board, 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 3884.302, to hold an election in the defined area or in the boundaries of the designated property.

 

Sec. 3884.304.  DECLARING RESULT.  Requires the board, if a majority of the voters voting at the election approve the imposition of the tax or the issuance of the bonds, to declare the results.

 

Sec. 3884.305.  TAXES FOR SERVICES, IMPROVEMENTS, AND FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY.  Authorizes the district, on adoption of the order described by Section 3884.302 and voter approval under Section 3884.303, to 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. 3884.306.  ISSUANCE OF BONDS AND IMPOSITION OF TAXES FOR DEFINED AREA OR DESIGNATED PROPERTY.  Authorizes the district, after adoption of the order described by Section 3884.302 and voter approval under Section 3884.303, to issue bonds to provide for any land, improvements, facilities, plants, equipment, and appliances for the defined area or designated property.

 

SECTION 3.  Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

 

SECTION 4.  Effective date:  September 1, 2011.