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BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 2047

84R22434 KJE-F

By: Creighton

 

Intergovernmental Relations

 

5/4/2015

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 2047 amends the Special District Local Laws Code to make statutory municipal utility district provisions relating to the enforcement of a real property restriction applicable to the Harris County Improvement District No. 17. The bill dissolves the district's board of directors on the later of June 1, 2015, or the bill's effective date. The bill reconstitutes the district's board of directors on the bill's effective date, names the directors, and provides for the directors' terms and for the appointment of successor directors. The bill adds specified territory to the district.

 

The substitute to S.B. 2047 adds Section 2, allowing the district board to set different voter-approved tax rates by annexed area (there are eight different parcels) and base the rates on the amount of cost associated with the infrastructure needed to be financed by parcel. Some parcels may not need to have as high a rate to finance their costs.

                                    

C.S.S.B. 2047 amends current law relating to the territory included in, the composition of the board of directors of, and the powers of the Harris County Improvement District No. 17.

 

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 Subchapter C, Chapter 3891, Special District Local Laws Code, by adding Section 3891.109, as follows:

 

Sec. 3891.109. ENFORCEMENT OF REAL PROPERTY RESTRICTIONS. Provides that Section 54.237 (Enforcement of Real Property Restrictions), Water Code, applies to the district.

 

SECTION 2. Amends Subchapter D, Chapter 3891, Special District Local Laws Code, by adding Section 3891.159, as follows:

 

Sec. 3891.159. POWERS OF MUNICIPAL UTILITY DISTRICT TO ESTABLISH DEFINED AREAS AND DESIGNATED PROPERTY; TAXES; BONDS.  Provides that the district has the powers of a municipal utility district under Subchapter J (Services for Certain Defined Areas and Designated Property), Chapter 54 (Municipal Utility Districts), Water Code, including the power to:

 

(1) implement a plan;

 

(2) issue bonds; and

 

(3) impose a tax in a defined area established under that subchapter.

 

 

 

SECTION 3. (a) Provides that, on the later of June 1, 2015, or the effective date of this Act, the board of directors of the Harris County Improvement District No. 17 is dissolved.

 

(b) Provides that, on the effective date of this Act, the board of directors of the Harris County Improvement District No. 17 is reconstituted and is composed of the following directors:

 

Pos. No.          Name of Director

      1                  James F. Wine

      2                  Joe Bullard

      3                  C. Laurence Allen Jr.

      4                  Daniel Dodson

      5                  Kendrick A. James

 

(c)  Provides that the terms of the directors in positions 1, 2, and 3 expire June 1, 2017.

 

(d)  Provides that the terms of the directors in positions 4 and 5 expire June 1, 2019.

 

(e) Requires the Harris County Commissioners Court to appoint successor directors as provided by Section 3891.052, Special District Local Laws Code.

 

SECTION 4. Sets forth the boundaries of the territory added to the territory of the Harris County Improvement District No. 17.

 

SECTION 5. Provides that 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 6. Effective date: upon passage or September 1, 2015.