|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the powers and duties of the Imperial Redevelopment |
|
District; providing authority to impose a tax and issue bonds. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. 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 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. (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 Act, 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 Act. |
|
SECTION 17. This Act does not affect bonds or other |
|
obligations issued before the effective date of this Act. Bonds or |
|
other obligations issued before the effective date of this Act 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 18. Sections 8150.253, 8150.255, and 8150.256, |
|
Special District Local Laws Code, are repealed. |
|
SECTION 19. (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 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 20. (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 21. 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, 2011. |
|
|
|
* * * * * |