AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, there is raw, undeveloped land located within an unincorporated area of Burnet County.  A management district over this property is proposed to be created to administer and provide public infrastructure as well as economic development projects and services in the district.

 

The bill creates Burnet County Improvement District No. 1 (district) as a political subdivision of the State of Texas to accomplish the public infrastructure and economic development purposes of the district. The district will be a municipal management district similar to those operating pursuant to Chapter 375 (Municipal Management Districts in General), Local Government Code, and Title 4 (Development and Improvement), Special District Local Laws Code. 

 

A special district is needed to finance and construct the utility infrastructure (e.g., water, sewer, drainage, and road facilities) necessary to promote the full development of the area within the district and to provide services to property in the district.

 

Current law on the issue stipulates that special districts are created for specific areas.  No special district currently serves the area proposed to be included in the district, and there is no current law creating this district.

 

As proposed, S.B. 1009 amends current law relating to the creation of Burnet County Improvement District No. 1, provides authority to levy an assessment, impose a tax, and issue bonds, and prohibits the district from exercising the power of eminent domain.

 

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 Subtitle C, Title 4, Special District Local Laws Code, by adding Chapter 3913, as follows:

 

CHAPTER 3913.  BURNET COUNTY IMPROVEMENT DISTRICT NO. 1

 

Sets forth standard language for the creation of the Burnet County Improvement District No. 1 (district) in Burnet County.  Sets forth standards, procedures, requirements, and criteria for:

 

Creation, purpose, and approval of the district (Sections 3913.001-3913.008);

 

Size, composition, appointment, and terms of the board of directors, including the naming of the initial directors (Sections 3913.051-3913.056);

 

Powers and duties of the district (Sections 3913.101-3913.111);

 

General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 3913.151-3913.205); and

 

Authority to establish defined areas or designated areas, election procedure, and authority to issue taxes and bonds for the defined areas or designated areas (Sections 3913.251-3913.255). 

 

Prohibits the district from exercising the power of eminent domain. 

 

SECTION 2.  Sets forth the initial boundaries of the district.

 

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: upon passage or September 1, 2013.