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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Generation Park Management |
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District; providing authority to issue bonds; providing authority |
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to impose assessments, fees, or taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3916 to read as follows: |
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CHAPTER 3916. GENERATION PARK MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3916.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Houston, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "County" means Harris County. |
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(5) "Director" means a board member. |
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(6) "District" means the Generation Park Management |
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District. |
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Sec. 3916.002. CREATION AND NATURE OF DISTRICT. The |
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Generation Park Management District is a special district created |
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under Section 59, Article XVI, Texas Constitution. |
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Sec. 3916.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 3916.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 3916.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 3916.005. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district, the legislature has established |
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a program to accomplish the public purposes set out in Sections 52 |
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and 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city, the county, or another |
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governmental entity from providing the level of services provided |
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as of the effective date of the Act enacting this chapter to the |
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area in the district. The district is created to supplement and not |
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to supplant governmental services provided in the district. |
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Sec. 3916.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways, road facilities, |
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enhanced infrastructure, and recreational facilities and by |
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landscaping and developing certain areas, which are necessary for |
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the restoration, preservation, and enhancement of scenic and |
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aesthetic beauty; and |
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(4) provide for water, wastewater, drainage, road, |
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rail, and recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects and other improvements |
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located in or adjacent to road rights-of-way are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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Sec. 3916.007. DISTRICT TERRITORY. (a) The district is |
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initially composed of the territory described by Section 2 of the |
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Act enacting this chapter. |
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(b) The boundaries and field notes of the district contained |
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in Section 2 of the Act enacting this chapter form a closure. A |
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mistake in the field notes or in copying the field notes in the |
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legislative process does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds, notes, or other |
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obligations for a purpose for which the district is created or to |
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pay the principal of and interest on the bonds, notes, or other |
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obligations; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3916.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; |
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(4) a foreign trade zone created under Chapter 681, |
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Business & Commerce Code; or |
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(5) an industrial district created under Chapter 42, |
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Local Government Code. |
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Sec. 3916.009. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3916.010. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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Sec. 3916.011. CONFLICTS OF LAW. This chapter prevails |
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over any provision of general law, including a provision of Chapter |
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375, Local Government Code, that is in conflict or inconsistent |
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with this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3916.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors elected as provided by this |
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chapter and Subchapter D, Chapter 49, Water Code. |
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(b) Except as provided by Section 3916.053, directors serve |
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staggered four-year terms. |
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Sec. 3916.052. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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Sec. 3916.053. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district according to the most recent certified tax appraisal roll |
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for the county may submit a petition to the commission requesting |
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that the commission appoint as temporary directors the five persons |
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named in the petition. On request of the member of the state house |
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of representatives in whose legislative district the largest |
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percentage of the district is located, the owner or owners must |
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include in the petition the name of a person designated by the |
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representative. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3916.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 3916.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3916.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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according to the most recent certified tax appraisal roll for the |
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county may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. On request of the member of the |
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state house of representatives in whose legislative district the |
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largest percentage of the district is located, the owner or owners |
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must include in the petition the name of a person designated by the |
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representative. The commission shall appoint as successor |
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temporary directors the five persons named in the petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3916.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3916.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using any money available to the district, or contract with |
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a governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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under Chapter 375, Local Government Code. |
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(b) An improvement project described by Subsection (a) may |
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be located inside or outside the district. |
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Sec. 3916.103. RECREATIONAL FACILITIES. The district may |
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develop or finance recreational facilities as authorized by Chapter |
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375, Local Government Code, Sections 52 and 52-a, Article III, |
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Texas Constitution, and any other law that applies to the district. |
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Sec. 3916.104. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds, notes, or other |
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obligations for, improve, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads or improvements, including storm drainage and other |
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improvements located in or adjacent to road rights-of-way, in aid |
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of those roads. |
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Sec. 3916.105. CONVEYANCE AND APPROVAL OF ROAD PROJECT. |
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(a) The district shall convey a road project authorized by Section |
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3916.104 to: |
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(1) the municipality or county that will operate and |
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maintain the road if the municipality or county has approved the |
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plans and specifications of the road project; or |
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(2) the state if the state will operate and maintain |
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the road and the Texas Transportation Commission has approved the |
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plans and specifications of the road project. |
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(b) Except as provided by Subsection (c), the district shall |
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operate and maintain a road project authorized by Section 3916.104 |
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that the district implements and is not approved by a municipality, |
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a county, or this state under Subsection (a). |
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(c) The district may agree in writing with a municipality, a |
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county, or this state to assign operation and maintenance duties to |
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the district, the municipality, the county, or this state in a |
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manner other than the manner described in Subsections (a) and (b). |
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Sec. 3916.106. RAIL FACILITIES. In addition to the powers |
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granted under Section 375.0921(b), Local Government Code, and under |
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Section 3916.151, the district may construct, acquire, improve, |
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maintain, finance, and operate rail facilities and improvements in |
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aid of those facilities for the transport of freight and other |
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cargo. |
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Sec. 3916.107. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3916.108. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3916.109. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3916.110. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the county or the city, to provide law enforcement |
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services in the district for a separate fee or as otherwise provided |
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by the contract. |
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Sec. 3916.111. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3916.112. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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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: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers that: |
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(1) Chapter 380, Local Government Code, provides to a |
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municipality; |
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(2) Chapter 381, Local Government Code, provides to a |
|
county; and |
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(3) Subchapter A, Chapter 1509, Government Code, |
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provides to a municipality. |
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Sec. 3916.113. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement with the city under Section 43.0751, Local |
|
Government Code. |
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Sec. 3916.114. REGIONAL PARTICIPATION AGREEMENT. The |
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district may negotiate and enter into a written regional |
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participation agreement with the city under Section 43.0754, Local |
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Government Code. |
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Sec. 3916.115. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
|
Code, does not apply to the district. |
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(c) After the district is organized and has obtained voter |
|
approval for the issuance of, or has sold, bonds payable wholly or |
|
partly from ad valorem taxes, the district may include and exclude |
|
land as provided by this section and Sections 54.740-54.747, Water |
|
Code. To the extent of a conflict between this subsection and |
|
Section 54.739, Water Code, this subsection controls. |
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(d) If the district has any outstanding bonds or contract |
|
obligations payable wholly or partly by a pledge of net revenues |
|
from the ownership or operation of the district's facilities at the |
|
time the board considers an application under Sections |
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54.740-54.747, Water Code, the lands proposed for inclusion shall |
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be considered to be sufficient to avoid an impairment of the |
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security for payment of obligations of the district if the |
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projected net revenue to be derived from the lands to be included |
|
during the succeeding 12-month period, as determined by the |
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district's engineer, equals or exceeds the projected net revenue |
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that would otherwise have been derived from the lands to be excluded |
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during the same period. To the extent of a conflict between this |
|
subsection and Section 54.744, Water Code, this subsection |
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controls. |
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Sec. 3916.116. APPLICABILITY OF OTHER LAW TO CERTAIN |
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CONTRACTS. (a) Subchapter I, Chapter 49, Water Code, applies to a |
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district contract for construction work, equipment, materials, or |
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machinery. The district may use a project delivery method |
|
described by Subchapter I, Chapter 49, Water Code, or Chapter 2267, |
|
Government Code. |
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(b) Sections 375.221 and 375.223, Local Government Code, do |
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not apply to the district. |
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Sec. 3916.117. TERMS OF EMPLOYMENT; COMPENSATION. The |
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board may employ and establish the terms of employment and |
|
compensation of an executive director or general manager and any |
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other district employees the board considers necessary. |
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Sec. 3916.118. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER C-1. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES |
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Sec. 3916.151. PUBLIC TRANSIT SYSTEM; PETITION REQUIRED. |
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(a) The district may acquire, lease as lessor or lessee, construct, |
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develop, own, operate, and maintain a public transit system to |
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serve the area in the district. |
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(b) The board may not act under Subsection (a) unless a |
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written petition requesting the action has been filed with the |
|
board. |
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(c) The petition must be signed by: |
|
(1) the owners of property representing a majority of |
|
the total assessed value of the real property in the district that |
|
abuts the right-of-way in which the public transit system is |
|
proposed to be located; or |
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(2) the owners of a majority of the area of the real |
|
property in the district that abuts the right-of-way in which the |
|
public transit system is proposed to be located. |
|
(d) For purposes of Subsection (c), the determination of a |
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majority is based on the property owners along the entire |
|
right-of-way of the proposed transit project and may not be |
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calculated on a block-by-block basis. |
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Sec. 3916.152. PARKING FACILITIES. (a) The district may |
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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. |
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(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. |
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Sec. 3916.153. RULES. The district may adopt rules |
|
covering its public transit system or its public parking |
|
facilities, except that a rule relating to or affecting the use of |
|
the public right-of-way or a requirement for off-street parking is |
|
subject to all applicable county requirements. |
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Sec. 3916.154. FEES. The district may set the amount of and |
|
impose a fee for the use of the district's public transit system and |
|
parking facilities. |
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Sec. 3916.155. AGREEMENT WITH RAPID TRANSIT AUTHORITY. (a) |
|
In this section, "authority" means a rapid transit authority |
|
created under Chapter 451, Transportation Code. |
|
(b) The district and an authority may agree to jointly |
|
construct, own, operate, and maintain a transit facility or a |
|
parking facility under the terms the authority and district desire. |
|
(c) The agreement may provide that the district and the |
|
authority exchange or trade land provided that each party to the |
|
agreement receives fair market value. The authority is not |
|
required to offer any property that it proposes to trade to the |
|
district for sale to the public or for sale to any abutting property |
|
owner. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
|
Sec. 3916.201. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
|
The district may acquire, construct, finance, operate, maintain, or |
|
provide any improvement or service authorized under this chapter or |
|
Chapter 375, Local Government Code, using any money available to |
|
the district. |
|
Sec. 3916.202. 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: |
|
(1) 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; or |
|
(2) at least 50 persons who own real property in the |
|
district subject to assessment, if more than 50 persons own real |
|
property in the district according to the most recent certified tax |
|
appraisal roll for the county. |
|
Sec. 3916.203. 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. 3916.204. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
|
The board by resolution may impose and collect an assessment for any |
|
purpose authorized by this chapter in all or any part of the |
|
district without regard to whether that area is already subject to |
|
or overlaps with an area of the district that is subject to a prior |
|
assessment imposed by the board. |
|
(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 are: |
|
(1) a first and prior lien against the property |
|
assessed; |
|
(2) superior to any other lien or claim other than a |
|
lien or claim for county, school district, or municipal ad valorem |
|
taxes; and |
|
(3) 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. 3916.205. TAX AND ASSESSMENT ABATEMENTS. The district |
|
may designate reinvestment zones and may grant abatements of a tax |
|
or assessment on property in the zones. |
|
Sec. 3916.206. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS. |
|
The district may not impose an assessment on the property, |
|
including the equipment, rights-of-way, facilities, or |
|
improvements, of: |
|
(1) an electric utility or a power generation company |
|
as defined by Section 31.002, Utilities Code; |
|
(2) a gas utility as defined by Section 101.003 or |
|
121.001, Utilities Code; |
|
(3) a telecommunications provider as defined by |
|
Section 51.002, Utilities Code; or |
|
(4) a person who provides to the public cable |
|
television or advanced telecommunications services. |
|
Sec. 3916.207. CONDUITS. (a) The district may finance, |
|
acquire, construct, improve, operate, maintain, or charge a fee for |
|
the use of conduits for: |
|
(1) fiber-optic cable and supporting facilities; |
|
(2) electronic transmission and distribution lines |
|
and supporting facilities; or |
|
(3) other types of transmission and distribution lines |
|
and supporting facilities. |
|
(b) The district may not require a person to use a conduit |
|
for a purpose described by Subsection (a)(1) or for any other |
|
telecommunications purpose. |
|
Sec. 3916.208. RESIDENTIAL PROPERTY. Section 375.161, |
|
Local Government Code, does not apply to: |
|
(1) a tax imposed by the district; or |
|
(2) a required payment for a service provided by the |
|
district, including water and sewer service. |
|
Sec. 3916.209. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 3916.213, the district |
|
may impose an annual operation and maintenance 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; or |
|
(3) provide a service. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
(c) Section 49.107(h), Water Code, does not apply to the |
|
district. |
|
Sec. 3916.210. 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. 3916.211. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
|
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
|
determined by the board. |
|
(b) The district may by competitive bid or negotiated sale |
|
issue bonds, notes, or other obligations payable wholly or partly |
|
from taxes, including ad valorem taxes, or assessments, fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources of money, to pay for any authorized |
|
district purpose. |
|
(c) In addition to any other terms authorized by the board |
|
by bond order or resolution, the proceeds of the district's bonds |
|
may be used for a reserve fund, credit enhancement, or capitalized |
|
interest for the bonds. |
|
(d) 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. |
|
Sec. 3916.212. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 3916.213. ELECTIONS REGARDING TAXES AND BONDS. (a) |
|
The district may issue, without an election, bonds, notes, and |
|
other obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 3916.210. |
|
(b) The district must hold an election in the manner |
|
provided by Subchapter L, Chapter 375, Local Government Code, to |
|
obtain voter approval before the district may impose an ad valorem |
|
tax or sales and use tax or issue bonds payable from ad valorem |
|
taxes. |
|
(c) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(d) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of district bonds may |
|
be included in one single proposition to be voted on at the election |
|
or the bonds may be submitted in several propositions. |
|
Sec. 3916.214. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT |
|
OBLIGATIONS. Except as provided by Section 375.263, Local |
|
Government Code, a municipality is not required to pay a bond, note, |
|
or other obligation of the district. |
|
SUBCHAPTER E. DEFINED AREAS |
|
Sec. 3916.226. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
|
DESIGNATED PROPERTY. The district may 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. 3916.227. PROCEDURE FOR ELECTION. (a) Before the |
|
district may impose an ad valorem tax or issue bonds payable from ad |
|
valorem taxes of the defined area or designated property, the board |
|
shall hold an election in the defined area or in the designated |
|
property only. |
|
(b) The election shall be conducted as provided by Section |
|
3916.213. |
|
(c) The board may submit the issues to the voters on the same |
|
ballot to be used in another election. |
|
Sec. 3916.228. DECLARING RESULT AND ISSUING ORDER. (a) If |
|
a majority of the voters voting at the election approve the |
|
proposition or propositions, the board shall declare the results |
|
and, by order, shall establish the defined area and describe it by |
|
metes and bounds or designate the specific property. |
|
(b) A court may not review the board's order except on the |
|
ground of fraud, palpable error, or arbitrary and confiscatory |
|
abuse of discretion. |
|
Sec. 3916.229. TAXES FOR SERVICES, IMPROVEMENTS, AND |
|
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
|
approval and adoption of the order described by Section 3916.228, |
|
the district may 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. 3916.230. ISSUANCE OF BONDS FOR DEFINED AREA OR |
|
DESIGNATED PROPERTY. After the order under Section 3916.228 is |
|
adopted, the district may issue bonds to provide for any land, |
|
improvements, facilities, plants, equipment, and appliances for |
|
the defined area or designated property. |
|
SUBCHAPTER F. SALES AND USE TAX |
|
Sec. 3916.251. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, |
|
computation, administration, enforcement, and collection of the |
|
sales and use tax authorized by this subchapter except to the extent |
|
Chapter 321, Tax Code, is inconsistent with this chapter. |
|
(b) A reference in Chapter 321, Tax Code, to a municipality |
|
or the governing body of a municipality is a reference to the |
|
district or the board, respectively. |
|
Sec. 3916.252. ELECTION; ADOPTION OF TAX. (a) The district |
|
may adopt a sales and use tax if authorized by a majority of the |
|
voters of the district voting at an election held for that purpose. |
|
(b) The board by order may call an election to authorize the |
|
adoption of the sales and use tax. The election may be held on any |
|
uniform election date and in conjunction with any other district |
|
election. |
|
(c) The ballot shall be printed to provide for voting for or |
|
against the proposition: "Authorization of a sales and use tax in |
|
the Generation Park Management District at a rate not to exceed ____ |
|
percent" (insert rate of one or more increments of one-eighth of one |
|
percent). |
|
Sec. 3916.253. SALES AND USE TAX RATE. (a) On or after the |
|
date the results are declared of an election held under Section |
|
3916.252, at which the voters approved imposition of the tax |
|
authorized by this subchapter, the board shall determine and adopt |
|
by resolution or order the initial rate of the tax, which must be in |
|
one or more increments of one-eighth of one percent. |
|
(b) After the election held under Section 3916.252, the |
|
board may increase or decrease the rate of the tax by one or more |
|
increments of one-eighth of one percent. |
|
(c) The initial rate of the tax or any rate resulting from |
|
subsequent increases or decreases may not exceed the lesser of: |
|
(1) the maximum rate authorized by the district voters |
|
at the election held under Section 3916.252; or |
|
(2) a rate that, when added to the rates of all sales |
|
and use taxes imposed by other political subdivisions with |
|
territory in the district, would result in the maximum combined |
|
rate prescribed by Section 321.101(f), Tax Code, at any location in |
|
the district. |
|
Sec. 3916.254. TAX AFTER ANNEXATION. (a) This section |
|
applies to the district after a municipality annexes part of the |
|
territory in the district and imposes the municipality's sales and |
|
use tax in the annexed territory. |
|
(b) If at the time of annexation the district has |
|
outstanding debt or other obligations payable wholly or partly from |
|
district sales and use tax revenue, Section 321.102(g), Tax Code, |
|
applies to the district. |
|
(c) If at the time of annexation the district does not have |
|
outstanding debt or other obligations payable wholly or partly from |
|
district sales and use tax revenue, the district may: |
|
(1) exclude the annexed territory from the district, |
|
if the district has no outstanding debt or other obligations |
|
payable from any source; or |
|
(2) reduce the sales and use tax in the annexed |
|
territory by resolution or order of the board to a rate that, when |
|
added to the sales and use tax rate imposed by the municipality in |
|
the annexed territory, is equal to the sales and use tax rate |
|
imposed by the district in the district territory that was not |
|
annexed by the municipality. |
|
Sec. 3916.255. NOTIFICATION OF RATE CHANGE. The board |
|
shall notify the comptroller of any changes made to the tax rate |
|
under this subchapter in the same manner the municipal secretary |
|
provides notice to the comptroller under Section 321.405(b), Tax |
|
Code. |
|
Sec. 3916.256. USE OF REVENUE. Revenue from the sales and |
|
use tax imposed under this subchapter is for the use and benefit of |
|
the district and may be used for any district purpose. The district |
|
may pledge all or part of the revenue to the payment of bonds, |
|
notes, or other obligations, and that pledge of revenue may be in |
|
combination with other revenue, including tax revenue, available to |
|
the district. |
|
Sec. 3916.257. ABOLITION OF TAX. (a) Except as provided by |
|
Subsection (b), the board may abolish the tax imposed under this |
|
subchapter without an election. |
|
(b) The board may not abolish the tax imposed under this |
|
subchapter if the district has outstanding debt secured by the tax, |
|
and repayment of the debt would be impaired by the abolition of the |
|
tax. |
|
(c) If the board abolishes the tax, the board shall notify |
|
the comptroller of that action in the same manner the municipal |
|
secretary provides notice to the comptroller under Section |
|
321.405(b), Tax Code. |
|
(d) If the board abolishes the tax or decreases the tax rate |
|
to zero, a new election to authorize a sales and use tax must be held |
|
under Section 3916.252 before the district may subsequently impose |
|
the tax. |
|
(e) This section does not apply to a decrease in the sales |
|
and use tax authorized under Section 3916.254(c)(2). |
|
SUBCHAPTER G. HOTEL OCCUPANCY TAX |
|
Sec. 3916.301. DEFINITION. In this subchapter, "hotel" has |
|
the meaning assigned by Section 156.001, Tax Code. |
|
Sec. 3916.302. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) In this subchapter: |
|
(1) a reference in Subchapter A, Chapter 352, Tax |
|
Code, to a county is a reference to the district; and |
|
(2) a reference in Subchapter A, Chapter 352, Tax |
|
Code, to the commissioners court is a reference to the board. |
|
(b) Except as inconsistent with this subchapter, Subchapter |
|
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized |
|
by this subchapter, including the collection of the tax, subject to |
|
the limitations prescribed by Sections 352.002(b) and (c), Tax |
|
Code. |
|
Sec. 3916.303. TAX AUTHORIZED; USE OF REVENUE. The |
|
district may impose a hotel occupancy tax for any purpose described |
|
by Section 351.101 or 352.101, Tax Code. |
|
Sec. 3916.304. TAX RATE. (a) The amount of the hotel |
|
occupancy tax may not exceed the lesser of: |
|
(1) the maximum rate prescribed by Section 352.003(a), |
|
Tax Code; or |
|
(2) a rate that, when added to the rates of all hotel |
|
occupancy taxes imposed by other political subdivisions with |
|
territory in the district and by this state, does not exceed the sum |
|
of the rate prescribed by Section 351.0025(b), Tax Code, and two |
|
percent. |
|
(b) The district tax is in addition to a tax imposed by the |
|
city under Chapter 351, Tax Code, or by the county under Chapter |
|
352, Tax Code. |
|
Sec. 3916.305. INFORMATION. The district may examine and |
|
receive information related to the imposition of hotel occupancy |
|
taxes to the same extent as if the district were a county. |
|
Sec. 3916.306. USE OF REVENUE. The district may use revenue |
|
from the hotel occupancy tax for any district purpose that is an |
|
authorized use of hotel occupancy tax revenue under Chapters 351 or |
|
352, Tax Code. The district may pledge all or part of the revenue to |
|
the payment of bonds, notes, or other obligations and that pledge of |
|
revenue may be in combination with other revenue available to the |
|
district. |
|
Sec. 3916.307. ABOLITION OF TAX. (a) Except as provided by |
|
Subsection (b), the board may abolish the tax imposed under this |
|
subchapter. |
|
(b) The board may not abolish the tax imposed under this |
|
subchapter if the district has outstanding debt secured by the tax, |
|
and repayment of the debt would be impaired by the abolition of the |
|
tax. |
|
SUBCHAPTER H. DISSOLUTION AND CONSOLIDATION |
|
Sec. 3916.351. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
|
DEBT. (a) The board may dissolve the district regardless of |
|
whether the district has debt. Section 375.264, Local Government |
|
Code, does not apply to the district. |
|
(b) If the district has debt when it is dissolved, the |
|
district shall remain in existence solely for the purpose of |
|
discharging its debts. The dissolution is effective when all debts |
|
have been discharged. |
|
Sec. 3916.352. CONSOLIDATION. In addition to any other |
|
provision provided by law, including Subchapter M, Chapter 375, |
|
Local Government Code, the district and one or more other districts |
|
governed by Chapter 54, Water Code, may be consolidated in |
|
accordance with Subchapter H, Chapter 54, Water Code. |
|
SECTION 2. The Generation Park Management District |
|
initially includes all the territory contained in the following |
|
area: |
|
All that certain 316.448 acres of land out of the 1804.19 acre |
|
tract described in the deed from Robert C. Hux, et al to FRM N.E. |
|
Belt Venture #1, Ltd. recorded under File No. T107162, in the |
|
Official Public Records of Real Property of Harris County, Texas, |
|
in the Victor Blanco Survey, A-2, Harris County, Texas, and more |
|
particularly described by metes and bounds as follows: (All |
|
bearings based on Texas State Plane Coordinate System, South |
|
Central Zone) |
|
BEGINNING at the northwest corner of the herein described |
|
tract, common to a found 5/8" iron rod, in the north line of said |
|
1804.19 acre tract, and in the east right-of-way line of Beltway 8 |
|
(East Loop) (R.O.W. Varies); |
|
THENCE North 88° 05' 36" East - 1783.65' along said north line |
|
to the northeast corner of the herein described tract from which a |
|
brass disc in concrete found for the northeast corner of said |
|
1804.19 acre tract in the west right-of-way line of Lake Houston |
|
Parkway (300' R.O.W.) bears North 88° 05' 36" East - 9564.04'; |
|
THENCE South 34° 50' 50" East - 591.18' to an angle corner of |
|
the herein described tract; |
|
THENCE South 29° 23' 48" West - 1130.88' to an angle corner of |
|
the herein described tract; |
|
THENCE South 34° 39' 21" East - 222.10' to an angle corner of |
|
the herein described tract; |
|
THENCE South 71° 53' 22" East - 251.89' to an angle corner of |
|
the herein described tract; |
|
THENCE South 24° 02' 14" East - 689.83' to an angle corner of |
|
the herein described tract; |
|
THENCE South 03° 49' 02" West - 1177.11' to an angle corner of |
|
the herein described tract; |
|
THENCE South 22° 34' 05" East - 893.29' to an angle corner of |
|
the herein described tract; |
|
THENCE South 55° 11' 23" West - 1634.61' to an angle corner of |
|
the herein described tract; |
|
THENCE South 77° 29' 40" East - 2386.24' to the southeast |
|
corner of the herein described tract the south line of the aforesaid |
|
1804.19 acre tract; |
|
THENCE South 87° 35' 19" West - 535.60' along said south line |
|
to an angle corner of the herein described tract |
|
THENCE South 87° 31' 04" West - 3522.50', along said south |
|
line to a 5/8" iron rod found in the east right-of-way line of |
|
aforesaid Beltway 8, common to the southwest corner of the herein |
|
described tract, common to a point on a curve to the right, having a |
|
central angle of 02° 21' 08", a radius of 2614.79', and from which |
|
the center of the circle of said curve bears South 86° 23' 17" East; |
|
THENCE along said curve to the right, along said east |
|
right-of-way line, in a northerly direction, an arc distance of |
|
107.35' to the end of curve; |
|
THENCE North 05° 42' 21" East - 5848.90' to the POINT OF |
|
BEGINNING of the herein described tract and containing 316.448 |
|
acres of land. |
|
SECTION 3. (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 4. 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, 2013. |
|
|
|
* * * * * |