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BILL ANALYSIS

 

 

Senate Research Center

S.B. 1821

83R12206 JSL-F

By: Hegar

 

Intergovernmental Relations

 

3/29/2013

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

This local bill proposes to create Waller County Improvement District No. 2 (district), a municipal management district in the extraterritorial jurisdiction of the City of Houston (city) in Waller County.

 

Municipal management districts, which are generally governed by Chapter 375 (Municipal Management Districts in General), Local Government Code, have been used to promote the development of commercial areas and provide infrastructure improvements and supplemental services required of such areas.

 

In particular, municipal management districts have been widely used in the Houston region, with almost every major commercial area in the Houston region being supported by a management district.

 

The district is proposed to cover approximately 176 acres of currently raw, undeveloped land.  The proposed development in this district will be primarily light industrial and commercial development. The district would provide critical public infrastructure improvements, such as water, sewer, drainage, road, and recreational facilities, to support development of the property, and would provide services and amenities to the commercial property in the district.

 

S.B. 1821 seeks authority for the district to construct and finance public rail facilities and improvements to serve the industrial property within the district.  The district would have typical management district powers, such as the power to levy an assessments and taxes, and the bill utilizes “standardized” management district bill creation language that has been used by prior house and senate committees. The district does not have the power of eminent domain.

 

As proposed, S.B. 1821 amends current law relating to the creation of Waller County Improvement District No. 2 and provides authority to impose an assessment, impose a tax, and issue bonds.

 

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 3914, as follows:

 

CHAPTER 3914.  WALLER COUNTY IMPROVEMENT DISTRICT NO. 2

 

Sets forth standard language for the creation of the Waller County Improvement District No. 2 (district) in Waller County.  Sets forth standards, procedures, requirements, and criteria for:

 

Creation, purpose, and approval of the district (Sections 3914.001-3914.008);

 

Size, composition, appointment, compensation and terms of the board of directors  (Sections 3914.051-3914.056);

 

Powers and duties of the district (Sections 3914.101-3914.112); and

 

General financial provisions and authority to impose a tax, issue bonds and obligations, and hold assessment meetings for the district (Sections 3914.151-3914.205).

 

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.