84R4780 JXC-F
 
  By: Davis of Harris H.B. No. 2353
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of Saint George Place Management District;
  providing authority to issue bonds; providing authority to impose
  assessments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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
         Sec. 3925.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Houston.
               (3)  "County" means Harris County.
               (4)  "Director" means a board member.
               (5)  "District" means the Saint George Place Management
  District.
               (6)  "Zone" means the Tax Increment Reinvestment Zone
  No. One, City of Houston, Texas, designated by the city in Ordinance
  No. 90-1452, dated December 12, 1990.
         Sec. 3925.002.  NATURE OF DISTRICT. The Saint George Place
  Management District is a special district created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 3925.003.  PURPOSE; DECLARATION OF INTENT. (a) The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the city, the
  county, and other political subdivisions to contract with the
  district, the legislature has established a program to accomplish
  the public purposes set out in Section 52-a, Article III, Texas
  Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain commerce, transportation,
  housing, recreation, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city or the county from providing the
  level of services provided as of the effective date of the Act
  enacting this chapter to the area in the district. The district is
  created to supplement and not to supplant city or county services
  provided in the district.
         Sec. 3925.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment; and
               (3)  developing or expanding transportation and
  commerce.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty;
  and
               (4)  provide for water, wastewater, drainage, road,
  sound barrier and security walls, recreational facilities, and city
  code enforcement for the district.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (f)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3925.005.  INITIAL DISTRICT TERRITORY. The district is
  initially composed of the territory described by Section 2 of the
  Act enacting this chapter.
         Sec. 3925.006.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3925.007.  CONSTRUCTION OF CHAPTER. This chapter shall
  be liberally construed in conformity with the findings and purposes
  stated in this chapter.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3925.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of nine voting directors.
         (b)  Except as provided by Section 3925.052, the directors of
  the zone are the voting directors of the board  and their terms as
  directors of the district are coterminous with their terms as
  directors of the zone.
         Sec. 3925.052.  VOTING DIRECTORS IF ZONE DISSOLVED; TERMS.
  (a)  If the zone is dissolved, the mayor and members of the
  governing body of the city shall appoint voting directors from
  persons recommended by the board. A person is appointed if a
  majority of the members of the governing body and the mayor vote to
  appoint that person.
         (b)  Directors appointed under Subsection (a) serve
  staggered terms of four years, with four or five directors' terms
  expiring June 1 of each odd-numbered year. The initial directors
  appointed under Subsection (a) shall establish the staggered terms
  of each initial director by lot.
         Sec. 3925.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3925.054.  VACANCY IF ZONE DISSOLVED.  If a vacancy
  occurs on the board after the zone is dissolved, the remaining
  directors shall appoint a director for the remainder of the
  unexpired term.
         Sec. 3925.055.  QUORUM. For purposes of determining the
  requirements for a quorum of the board, the following are not
  counted:
               (1)  a board position vacant for any reason, including
  death, resignation, or disqualification;
               (2)  a director who is abstaining from participation in
  a vote because of a conflict of interest; or
               (3)  a nonvoting director.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3925.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3925.102.  IMPROVEMENT PROJECTS AND SERVICES. The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service using any money available to the district, or contract with
  a governmental or private entity to provide, design, construct,
  acquire, improve, relocate, operate, maintain, or finance an
  improvement project or service authorized under this chapter or
  Chapter 375, Local Government Code.
         Sec. 3925.103.  DEVELOPMENT CORPORATION POWERS. The
  district, using money available to the district, may exercise the
  powers given to a development corporation under Chapter 505, Local
  Government Code, including the power to own, operate, acquire,
  construct, lease, improve, or maintain a project under that
  chapter.
         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. (a) As provided by
  Chapter 375, Local Government Code, the district may make an
  agreement with or accept a gift, grant, or loan from any person.
         (b)  The district may enter into an agreement with the city
  to administer and enforce a city zoning ordinance applicable to the
  district in the territory of the district.
         (c)  The implementation of a project is a governmental
  function or service for the purposes of Chapter 791, Government
  Code.
         Sec. 3925.106.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with a qualified party,
  including the county or the city, to provide law enforcement or
  security services in the district.
         Sec. 3925.107.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
  district may join and pay dues to a charitable or nonprofit
  organization that performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 3925.108.  ECONOMIC DEVELOPMENT. (a) The district may
  engage in activities that accomplish the economic development
  purposes of the district.
         (b)  The district may establish and provide for the
  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:
               (1)  make loans and grants of public money; and
               (2)  provide district personnel and services.
         (c)  The district may create economic development programs
  and exercise the economic development powers provided to
  municipalities by:
               (1)  Chapter 380, Local Government Code; and
               (2)  Subchapter A, Chapter 1509, Government Code.
         Sec. 3925.109.  APPROVAL BY CITY.  (a)  Except as provided by
  Subsection (c), the district must obtain the approval of the city
  for:
               (1)  the issuance of bonds that require the approval of
  the attorney general;
               (2)  the plans and specifications of an improvement
  project financed by bonds; and
               (3)  the plans and specifications of an improvement
  project related to the use of land owned by the city, an easement
  granted by the city, or a right-of-way of a street, road, or
  highway.
         (b)  The district may not issue bonds until the governing
  body of the city adopts a resolution or ordinance authorizing the
  issuance of the bonds.
         (c)  If the district obtains the approval of the governing
  body of the city of a capital improvements budget for a period not
  to exceed 10 years, the district may finance the capital
  improvements and issue bonds specified in the budget without
  further approval from the city.
         (d)  The governing body of the city:
               (1)  is not required to adopt a resolution or ordinance
  to approve plans and specifications described by Subsection (a);
  and
               (2)  may establish an administrative process to approve
  plans and specifications described by Subsection (a) without the
  involvement of the governing body.
         Sec. 3925.110.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3925.151.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
  board by resolution shall establish the number of directors'
  signatures and the procedure required for a disbursement or
  transfer of district money.
         Sec. 3925.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, or maintain
  any improvement or service authorized under this chapter or Chapter
  375, Local Government Code, using any money available to the
  district.
         Sec. 3925.153.  BUDGET; ASSESSMENTS. (a) The board shall
  approve an annual budget for the district based on anticipated
  assessment revenue.
         (b)  The board by resolution may impose and collect an
  assessment, for any purpose authorized by this chapter, using only
  the method described by this section.
         (c)  The board may impose an assessment in all or any part of
  the district at a rate of $0.07 per square foot of taxable property,
  and may impose a supplemental annual assessment at a rate of $300
  per lot.
         (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.
         (e)  In a year in which the approved expenses in the annual
  budget exceed the district's annual revenue from all sources, the
  board may approve an increase to the rate of the supplemental annual
  assessment to accommodate the expenses if the percentage change in
  the amount of the supplemental annual assessment does not exceed:
               (1)  two percent for that year as compared to the
  previous year; or
               (2)  10 percent over a five-year period.
         (f)  The district may not approve a supplemental assessment
  under Section 375.122(1), Local Government Code, to pay costs of an
  improvement project or service if the additional costs that are the
  subject of the supplemental assessment exceed 25 percent of the
  original total cost of the improvement project or service.
         (g)  A provision of this subchapter regarding an assessment
  prevails over a conflicting provision of Chapter 375, Local
  Government Code, as provided by Section 3925.006.
         Sec. 3925.154.  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
  for all or part of the district has been filed with the board.
         (b)  A petition filed under Subsection (a) must be signed by
  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.
         Sec. 3925.155.  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. 3925.156.  LIENS FOR ASSESSMENTS. (a)  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:
               (1)  are a first and prior lien against the property
  assessed;
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are the personal liability of and a charge against
  the owners of the property even if the owners are not named in the
  assessment proceedings.
         (b)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid.
         Sec. 3925.157.  RESIDENTIAL PROPERTY NOT EXEMPT.  Section
  375.161, Local Government Code, does not apply to the district.
         Sec. 3925.158.  ASSESSMENT ABATEMENT.  The district may
  designate reinvestment zones and may grant abatements of
  assessments on property in the zones.
         Sec. 3925.159.  NO IMPACT FEES.  The district may not impose
  an impact fee.
         Sec. 3925.160.  NO AD VALOREM TAX.  The district may not
  impose an ad valorem tax.
  SUBCHAPTER E. BONDS
         Sec. 3925.201.  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 issue bonds, notes, or other
  obligations payable wholly or partly from assessments, revenue,
  contract payments, grants, or other district money, or any
  combination of those sources of money, to pay for any authorized
  district purpose.
         Sec. 3925.202.  CITY NOT REQUIRED TO PAY DISTRICT
  OBLIGATIONS. Except as provided by Section 375.263, Local
  Government Code, the city is not required to pay a bond, note, or
  other obligation of the district.
  SUBCHAPTER F.  PUBLIC IMPROVEMENT DISTRICT DISSOLUTION
         Sec. 3925.251.  PUBLIC IMPROVEMENT DISTRICT DISSOLUTION.
  (a) The city shall dissolve a public improvement district created
  by the city under Chapter 372, Local Government Code, that is in the
  boundaries of the district if the board imposes an assessment.
         (b)  A public improvement district that is dissolved under
  this section shall remain in effect for the purposes of meeting
  obligations of indebtedness and collecting delinquent assessments.
  SUBCHAPTER G.  CONSOLIDATION
         Sec. 3925.301.  The district may not be consolidated with
  another district that has the powers of a district created under
  Chapter 375, Local Government Code.
  SUBCHAPTER H.  DISSOLUTION
         Sec. 3925.351.  DISSOLUTION BY PETITION BY OWNERS. (a)  
  Section 375.262, Local Government Code, does not apply to the
  district.
         (b)  Except as limited by Section 375.264, Local Government
  Code, the board shall dissolve the district on written petition
  filed with the board by the owners of:
               (1)  50 percent or more of the assessed value of the
  property in the district based on the most recent certified county
  property tax rolls; or
               (2)  50 percent or more of the surface area of the
  district, excluding roads, streets, highways, utility
  rights-of-way, other public areas, and other property exempt from
  assessment under Sections 375.163 and 375.164, Local Government
  Code, according to the most recent certified county property tax
  rolls.
         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 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, 2015.