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BILL ANALYSIS

 

 

 

C.S.H.B. 2353

By: Davis, Sarah

Special Purpose Districts

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties have expressed the need for a municipal management district in a small area of Harris County to provide and pay for certain improvement projects and services that confer a special benefit on property in the area. C.S.H.B. 2353 seeks to address this issue.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 2353 amends the Special District Local Laws Code to create the Saint George Place Management District to provide certain improvements, projects, and services for public use and benefit. The bill provides for, among other provisions, dissolution of the district and public improvement district dissolution. The district's powers and duties include, subject to certain requirements, the authorization to issue obligations and impose assessments. The district is prohibited from exercising the power of eminent domain, imposing an impact fee or a property tax, or consolidating with another district that has the powers of a municipal management district.

                                                               

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2353 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter 3925 to read as follows:

CHAPTER 3925.  SAINT GEORGE PLACE MANAGEMENT DISTRICT

 

SUBCHAPTER A.  GENERAL PROVISIONS

 

SECTION 1.  Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter 3925 to read as follows:

CHAPTER 3925.  SAINT GEORGE PLACE MANAGEMENT DISTRICT

 

SUBCHAPTER A.  GENERAL PROVISIONS

SUBCHAPTER B.  BOARD OF DIRECTORS

 

SUBCHAPTER B.  BOARD OF DIRECTORS

 

SUBCHAPTER C.  POWERS AND DUTIES

 

Sec. 3925.101.  GENERAL POWERS AND DUTIES. 

 

Sec. 3925.102.  IMPROVEMENT PROJECTS AND SERVICES. 

 

Sec. 3925.103.  DEVELOPMENT CORPORATION POWERS. 

 

Sec. 3925.104.  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. 3925.105.  AGREEMENTS; GRANTS. 

 

Sec. 3925.106.  LAW ENFORCEMENT SERVICES. 

 

Sec. 3925.107.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. 

 

Sec. 3925.108.  ECONOMIC DEVELOPMENT. 

 

Sec. 3925.109.  APPROVAL BY CITY. 

 

Sec. 3925.110.  NO EMINENT DOMAIN POWER. 

SUBCHAPTER C.  POWERS AND DUTIES

 

Sec. 3925.101.  GENERAL POWERS AND DUTIES. 

 

Sec. 3925.102.  IMPROVEMENT PROJECTS AND SERVICES. 

 

Sec. 3925.103.  DEVELOPMENT CORPORATION POWERS. 

 

No equivalent provision.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sec. 3925.104.  AGREEMENTS; GRANTS. 

 

Sec. 3925.105.  LAW ENFORCEMENT SERVICES. 

 

Sec. 3925.106.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. 

 

Sec. 3925.107.  ECONOMIC DEVELOPMENT. 

 

Sec. 3925.108.  APPROVAL BY CITY. 

 

Sec. 3925.109.  NO EMINENT DOMAIN POWER. 

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

 

SUBCHAPTER E.  BONDS

 

SUBCHAPTER E.  BONDS

 

SUBCHAPTER F.  PUBLIC IMPROVEMENT DISTRICT DISSOLUTION

 

SUBCHAPTER F.  PUBLIC IMPROVEMENT DISTRICT DISSOLUTION

 

SUBCHAPTER G.  CONSOLIDATION

 

SUBCHAPTER G.  CONSOLIDATION

 

SUBCHAPTER H.  DISSOLUTION

 

SUBCHAPTER H.  DISSOLUTION

 

SECTION 2.  The Saint George Place Management District initially includes all territory contained in the Tax Increment Reinvestment Zone No. One, City of Houston, Texas, designated by the City of Houston in Ordinance No. 90-1452, dated December 12, 1990, as that zone is configured on the effective date of this Act.

 

SECTION 2. Same as introduced version.

 

 

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 3. Same as introduced version.

 

 

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, 2015.

 

SECTION 4. Same as introduced version.