By: Vo H.B. No. 4136

A BILL TO BE ENTITLED

AN ACT

relating to the board of directors, authority to impose assessments, and territory of the International Management District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 3849.051, Special District Local Laws Code, is amended to read as follows:

Sec. 3849.051. BOARD OF DIRECTORS; TERMS. (a) The district is governed by a board of 13 [11] voting directors who serve staggered terms of four years, with [five or] six or seven directors' terms expiring June 1 of each odd-numbered year.

(b) Two voting directors must represent territory added to the district after March 1, 2015.

(c) A director may not serve as the chair of the board for more than three consecutive two-year terms.

(d) A director who has served as the chair of the board may not serve as the chair again unless:

(1) at least six years have passed since the last day of the director's most recent term as chair; and

(2) the director is elected as chair by at least two-thirds of the serving directors [The board by resolution may change the number of voting directors on the board, but only if the board determines that the change is in the best interest of the district. The board may not consist of fewer than five or more than 15 voting directors].

SECTION 2. Section 3849.053, Special District Local Laws Code, is amended to read as follows:

Sec. 3849.053. APPOINTMENT AND REMOVAL OF DIRECTORS. (a) The mayor and members of the governing body of the City of Houston shall appoint voting directors from persons recommended by the board. A person is appointed if a majority of the members of the governing body, including the mayor, vote to appoint that person.

(b) A majority of the directors after notice and hearing may remove a director for misconduct or failure to carry out the director's duties.

SECTION 3. Section 3849.153, Special District Local Laws Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) Except as provided by Subsection (c), the [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 Harris County; or

(2) at least 50 owners of real property in the district, if more than 50 persons own real property in the district according to the most recent certified tax appraisal roll for Harris County.

(c) The board may not impose an assessment on territory added to the district by an act of the legislature enacted after March 1, 2015, to finance a service or improvement project unless a written petition consenting to the imposition of assessments in the added territory has been filed with the board. The petition must be signed by the owners of a majority of the assessed value of real property in the added territory subject to assessment according to the most recent certified tax appraisal roll for Harris County.

SECTION 4. Section 3849.052, Special District Local Laws Code, is repealed.

SECTION 5. The following territory is added to the territory of the International Management District: Tract is +/- 4,026 acres (6.3 sq. miles) with beginning point being the south right-of-way (ROW) of Westheimer Rd. (FM 1093) and east ROW of Kirkwood Road; Then south along east ROW of Kirkwood Dr., across Westpark Drive, and along west boundary of ROYAL OAKS COUNTRY CLUB SEC 12 to northeast corner of +/- 3.4 acre tract (DAIRY OUTLOTS TRS 46C & 59); Then west along north boundary of said +/- 3.4 acre tract to northwest corner of said tract and east easement of Brays Bayou; Then south along east easement of Brays Bayou to south ROW of Westpark Toll Road; Then generally east along south ROW of Westpark Toll Road to northeast corner of 1.0119 acre parcel (BRIARLEAF SEC 2 RES B2); Then south along east boundary of said 1.0119 acre parcel, and 0.7857 acre parcel (BRIARLEAF SEC 2 RES B1) to north ROW of Harwin Dr.; Then generally east along north ROW of Harwin Dr., and boundary line of Westchase Mgmt. District and south boundary of BRAYS VILLAGE EAST SEC 3 to southeast corner of said subdivision; Then south across ROW of Harwin Dr. and along east boundary of BRAYS VILLAGE EAST Subdivision SEC 1, and boundary line of Westchase Mgmt. District to southeast corner of 2.23 acre parcel (BRAYS VILLAGE EAST SEC 1 RES C BLK 70; Then west along south boundary of said 2.23 acre parcel, BRAYS VILLAGE EAST SEC 1 LTS 83-85 BLK 7, and boundary line of Westchase Mgmt. District to west boundary of BRAYS VILLAGE EAST SEC 1 TR 68 BLK 7; Then south along east boundary of BRAYS VILLAGE EAST Subdivision SEC 1, and boundary line of Westchase Mgmt. District to north easement of Brays Bayou and boundary line of International Mgmt. District; Then west and northwest along north easement of Brays Bayou and boundary line of International Mgmt. District to a point east of southeast corner of 1 acre parcel (BRAYS FOREST SEC 1 LT 30 BLK 2); Then generally west along boundary line of International Mgmt. District across easement of Brays Bayou, and south boundary of said 1 acre parcel and coincident north drainage easement of tributary of Brays Bayou to full purpose boundary line of City of Houston; Then north along boundary line of International Mgmt. District, and full purpose boundary line of City of Houston to southeast corner of 0.2182 acre tract (PHEASANT RUN SEC 2 R/P TR 12B BLK 5); Then generally west along south boundary of said 0.2182 acre tract, and PHEASANT RUN SEC 2 R/P LOTS 13-34 BLK 5, and boundary line of International Mgmt. District and north easement of trib. of Brays Bayou to east ROW of Metro Blvd.; Then north along boundary line of International Mgmt. District and east ROW of Metro Blvd. to south ROW of Alief-Clodine Rd.; Then west along boundary line of International Mgmt. District south ROW of Alief-Clodine Rd. to west ROW of State Highway 6 (southbound); Then north along west ROW of State Highway 6 (southbound) to south ROW of Westheimer Rd. (FM 1093); Then east along south ROW of Westheimer Rd. (FM 1093) to east ROW of Kirkwood Rd. and beginning point of +/- 4,400 acre tract; Save and Except TR 21 & TR 6 ABST 42 H K LEWIS ABST 24 W HARDIN; Save and Except TR 21A & TR 6A ABST 42 H K LEWIS ABST 24 W HARDIN; Save and Except WEST HOUSTON MEDICAL CTR SEC 2 RES A BLK1; Save and Except WEST HOUSTON MEDICAL CTR SEC 2 RES A1; Save and Except WEST HOUSTON MEDICAL CTR SEC 2 RES A3 BLK 1; Save and Except ABST 80 J WHEATON TR 27A; Save and Except ABST 80 J WHEATON TR 27A-1; Save and Except ABST 80 J WHEATON TR 27A-10; Save and Except ABST 80 J WHEATON TR 27A-11; Save and Except ABST 80 J WHEATON TR 27A-17; Save and Except ABST 80 J WHEATON TR 27A-19; Save and Except ABST 80 J WHEATON TR 27A-2; Save and Except ABST 80 J WHEATON TR 27A-20; Save and Except ABST 80 J WHEATON TR 27A-21; Save and Except ABST 80 J WHEATON TR 27A-22; Save and Except ABST 80 J WHEATON TR 27A-3; Save and Except ABST 80 J WHEATON TR 27A-5; Save and Except ABST 80 J WHEATON TR 27A-6; Save and Except ABST 80 J WHEATON TR 27A-7; Save and Except ABST 80 J WHEATON TR 27A-8; Save and Except ABST 80 J WHEATON TR 27A-9; Save and Except CHEVRON USA INC @ WESTHEIMER RD @ ELDRIDGE PKWY RES A BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A1 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A2 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A3 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A4 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES A5 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES B BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C1 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C2 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C3 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C4 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C5 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C6 BLK 1; Save and Except ELDRIDGE PARKWAY RETAIL CENTER RES C7 BLK 1; Save and Except HARRIS COUNTY MUD NO. 359; Save and Except W W ROYAL OAKS RES BLK 1; Save and Except SCHLOTZSKYS AT SHADOWLAKE R/P RES A BLK 1; Save and Except MANDALAY AT SHADOWLAKE APARTMENTS RESERVE BLK 1;

SECTION 6. Except as provided by Section 3849.153, Special District Local Laws Code, as amended by this Act, the territory added to the International Management District by Section 5 of this Act is subject to Chapter 3849, Special District Local Laws Code, in the same manner that the original territory of the district is subject to that chapter, including provisions of that chapter applicable to district assessments.

SECTION 7. (a) On the later of June 1, 2015, or the effective date of this Act, the board of directors of the International Management District is dissolved.

(b) On the effective date of this Act, the board of directors of the International Management District is reconstituted and is composed of the following directors:

Pos. No. Director

1 A director appointed under Subsection (c) of this section

2 Karen Loper

3 Thuy Vu

4 H. D. Chambers

5 Leeshan Birney

6 Vican Tan Sun

7 A director appointed under Subsection (c) of this section

8 Fred Bhandara

9 Stephen Le

10 Wea Lee

11 Be Nguyen

12 A director appointed under Subsection (c) of this section

13 A director appointed under Subsection (c) of this section

(c) Notwithstanding Section 3849.053, Special District Local Laws Code, as amended by this Act, the directors named in Subsection (b) of this section shall appoint directors to fill positions 1, 7, 12, and 13 in Subsection (b) of this section.

(d) Notwithstanding the requirement in Section 3849.051, Special District Local Laws Code, as amended by this Act, that directors serve four-year terms:

(1) the terms of the directors of the International Management District serving in positions 1 through 6 as provided by Subsection (b) of this section expire June 1, 2017; and

(2) the terms of the directors of the International Management District serving in positions 7 through 13 as provided by Subsection (b) of this section expire June 1, 2019.

(e) Not later than the 60th day after the effective date of this Act, the board of directors of the International Management District, as reconstituted, shall elect officers and a chair.

SECTION 8. (a) The legislature validates and confirms all governmental acts and proceedings of the International Management District that were taken before the effective date of this Act. An act or proceeding may not be held invalid because the act or proceeding was not in accordance with Chapter 3849, Special District Local Laws Code, or other law.

(b) This section does not apply to any matter that on the effective date of this Act:

(1) is involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment; or

(2) has been held invalid by a final court judgment.

SECTION 9. (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 10. 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.