84(R) HB 4192 - House Committee Report version

	84R24955 JXC-F

	By: Zerwas	H.B. No. 4192

	Substitute the following for H.B. No. 4192:

	By: Alvarado	C.S.H.B. No. 4192

A BILL TO BE ENTITLED

AN ACT

relating to the creation of Simonton Management District No. 1;

providing authority to issue bonds; providing authority to impose

assessments, fees, or taxes.

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 3934 to read as follows:

CHAPTER 3934. SIMONTON MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3934.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Simonton.

(3) "County" means Fort Bend County.

(4) "Director" means a board member.

(5) "District" means the Simonton Management District

No. 1.

Sec. 3934.002. NATURE OF DISTRICT. The Simonton Management

District No. 1 is a special district created under Section 59,

Article XVI, Texas Constitution.

Sec. 3934.003. 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 employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

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. 3934.004. 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.

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 and business center;

(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, and

recreational facilities 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. 3934.005. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake in the

field notes or in copying the field notes in the legislative process

does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 3934.006. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3934.007. 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. 3934.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five voting directors who serve staggered

terms of four years, with two or three directors' terms expiring

June 1 of each odd-numbered year.

(b) The board by resolution may change the number of voting

directors on the board 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 nine voting directors.

Sec. 3934.052. APPOINTMENT OF VOTING DIRECTORS. 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,

including the mayor, vote to appoint that person.

Sec. 3934.053. NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

Sec. 3934.054. 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.

Sec. 3934.055. COMPENSATION. A director is entitled to

receive fees of office and reimbursement for actual expenses as

provided by Section 49.060, Water Code. Sections 375.069 and

375.070, Local Government Code, do not apply to the board.

Sec. 3934.056. INITIAL VOTING DIRECTORS. (a) The initial

board consists of the following voting directors:

Pos. No.

Name of Director

CJ Aber

Debra Sabrsula

Jeff Cannon

Steve Littlefield

Mac McAleer

(b) Of the initial directors, the terms of directors

appointed for positions one through three expire June 1, 2017, and

the terms of directors appointed for positions four and five expire

June 1, 2019.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3934.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3934.102. 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. 3934.103. 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. 3934.104. 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.

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. 3934.105. 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 implementation of a project is a governmental

function or service for the purposes of Chapter 791, Government

Code.

Sec. 3934.106. 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

services in the district for a fee.

Sec. 3934.107. 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. 3934.108. 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.

and exercise the economic development powers provided to

municipalities by Chapter 380, Local Government Code.

Sec. 3934.109. PARKING FACILITIES. (a) The district may

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.

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.

Sec. 3934.110. ANNEXATION OF LAND. The district may annex

land as provided by Subchapter J, Chapter 49, Water Code.

Sec. 3934.111. APPROVAL BY CITY. Section 375.207, Local

Government Code, does not apply to the district.

Sec. 3934.112. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

Sec. 3934.151. 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. 3934.152. 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. 3934.153. 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) 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. 3934.154. 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.

(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:

(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.

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. 3934.155. TAX AND ASSESSMENT ABATEMENTS. The district

may designate reinvestment zones and may grant abatements of

district taxes or assessments on property in the zones.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3934.201. 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 3934.203.

(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 issue bonds payable from ad valorem taxes.

to the district.

(d) All or any part of any facilities or improvements that

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

Sec. 3934.202. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election held in accordance with Section 3934.201, the district may

impose an 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) maintain and operate 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.

district.

Sec. 3934.203. 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. 3934.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS

AND OTHER OBLIGATIONS. (a) The district may borrow money on terms

determined by the board. Section 375.205, Local Government Code,

does not apply to a loan, line of credit, or other borrowing from a

bank or financial institution secured by revenue other than ad

valorem taxes.

(b) The district may issue bonds, notes, or other

obligations payable wholly or partly from ad valorem taxes,

assessments, impact fees, revenue, contract payments, grants, or

other district money, or any combination of those sources of money,

to pay for any authorized district purpose. The district may pledge

ad valorem taxes to bonds, notes, or other obligations only as

authorized by the Texas Constitution.

bonds, notes, and other obligations provided by Section 49.4645,

Water Code, does not apply to the district.

Sec. 3934.205. 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 annual ad valorem tax, without limit as to rate or amount,

for each year that 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. 3934.206. 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.

SECTION 2. The Simonton Management District No. 1 initially

includes all territory contained in the following area:

TRACT 1

Being 33.2 acres, more or less, of land situated in the Thomas

Westall League, Abstract 92, Fort Bend County, Texas, more

particularly being that certain called 0.681 acre tract (described

as Tract No. 1), that certain 1.630 acre tract (described as Tract

No. 2), and that certain 1.019 acre tract (described as Tract No. 3 &

4), all conveyed to CBDS Investments, Inc. by instrument of record

in File No. 2006104265 of the Official Public Records of said Fort

Bend County, Texas (F.B.C.O.P.R.), that certain called 1.012 acre

tract of land conveyed to CBDS Investments, Inc., by instrument of

record in File No. 2006110957, F.B.C.O.P.R., that certain called

1.19 acre tract of land conveyed to FM 1489 Farms, Inc., by

instrument of record in File No. 2006076342, F.B.C.O.P.R., now

owned by Twinwood (U.S.), Inc. as conveyed in File No. 2012121483,

F.B.C.O.P.R., and a portion of that certain called 42.35 acre tract

conveyed to FM 1489 Farms, Inc., by instrument of record in File

No. 2006076344, F.B.C.O.P.R., now owned by Twinwood (U.S.), Inc. as

conveyed in File No. 2012121483, F.B.C.O.P.R., said 33.2 acre tract

being more particularly described by metes and bounds as follows:

BEGINNING at the southwesterly corner of the aforementioned

42.35 acre tract, said point being on the northerly line of F.M.

1093;

Thence, Northerly, along the westerly line of said 42.35 acre

tract, 871 feet, more or less, to a point for corner, said point

being at the approximate City Limits Line of Simonton;

Thence, Easterly, along the approximate City Limits Line of

Simonton, 1,704 feet, more or less, to a point for corner, said

point being on the easterly line of said 42.35 acre tract and the

westerly right-of-way line of said F.M. 1489, the beginning of a

curve;

Thence, Southerly along the westerly line of said 42.35 acre

tract, the westerly line of the aforementioned 1.19 acre tract and

the easterly right-of-way line of said F.M. 1489, 336 feet, more or

less, along the arc of a non-tangent curve to the right, having a

radius of 5,679.65 feet, to a westerly corner of said 42.35 acre

tract;

Thence, Southerly, along the easterly lines of said 42.35

acre tract and the aforementioned 0.681 acre tract and the westerly

right-of-way line of said F.M. 1489, 580 feet, more or less, to a

point for corner, said point being on the southerly line of the

aforementioned 1.630 acre;

Thence, Westerly, along the southerly line of said 1.630 acre

tract, 162 feet, more or less, to the southwesterly corner of said

1.630 acre tract;

Thence, Northerly, along a westerly line of said 1.630 acre

tract, 95 feet, more or less, to the southeasterly corner of the

aforementioned 1.012 acre tract, said point being in the northerly

right-of-way line of said F.M. 1093;

Thence, Westerly, along the northerly right-of-way line of

said F.M. 1093 and the southerly line of said 1.012 acre tract, 198

feet, more or less, to the southwesterly corner of said 1.012 acre

tract, said point being on the easterly line of the aforementioned

1.019 acre tract;

Thence, Southerly, along the easterly line of said 1.019 acre

tract, 5 feet, more or less, to the southeasterly corner of said

1.019 acre tract, said point being on the northerly right-of-way

line of said F.M. 1093;

Thence, Westerly, along a southerly line of said 1.019 acre

tract and the northerly right-of-way line of said F.M. 1093, 118

feet, more or less, to a southerly corner of said 1.019 acre tract;

Thence, Southerly, along a southerly line of said 1.019 acre

tract and a northerly right-of-way line of said F.M. 1093, 5 feet,

more or less, to a southerly corner of said 1.019 acre tract;

Thence, Westerly, along a southerly line of said 1.019 acre

tract and the northerly right-of-way line of said F.M. 1093, 51

feet, more or less, to the southwesterly corner of said 1.019 acre

tract;

Thence, Northerly, departing the northerly right-of-way line

of said F.M. 1093, along the westerly line of said 1.019 acre tract,

159 feet, more or less, to a southerly corner of the aforementioned

42.35 acre tract;

Thence, Westerly, along a southerly line of said 42.35 acre

tract, 168 feet, more or less, to a southerly interior corner of

said 42.35 acre tract;

Thence, Southerly, along a southerly interior line of said

42.35 acre tract, 156 feet, more or less, to a southerly corner of

said 42.35 acre tract, said point being on the northerly

right-of-way line of said F.M. 1093;

Thence, Westerly, along a southerly line of said 42.35 acre

tract and the northerly right-of-way line of said F.M. 1093, 1,070

feet, more or less, to the POINT OF BEGINNING and containing 33.2

acres of land, more or less.

TRACT 2

Being 102 acres, more or less, of land situated in the Thomas

Westall League, Abstract 92, Fort Bend County, Texas, more

particularly being a portion of that certain called 42.35 acre

tract of land conveyed to FM 1489 Farms, Inc., by instrument of

record in File No. 2006076344, in the Official Public Records of

said Fort Bend County, Texas (F.B.C.O.P.R.), now owned by Twinwood

(U.S.), Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., a

portion of that certain called 69.1455 acre tract conveyed to FM

1489 Farms, Inc. by instrument of record in File No. 2008055874,

now owned by Twinwood (U.S.), Inc. as conveyed in File

No. 2012121483, F.B.C.O.P.R., and that certain called 63.46 acre

tract conveyed to FM 1489 Farms, Inc. by instrument of record in

File No. 2006076347, F.B.C.O.P.R., now owned by Twinwood (U.S.),

Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., said 102

acre tract being more particularly described by metes and bounds as

follows:

BEGINNING at the most westerly southwest corner of said

69.1455 acre tract;

Thence, Northerly, along an easterly line of said 69.1455

acre tract, 190 feet, more or less, to a point for corner, said

point being at the approximate ETJ Line of Simonton;

Thence, Easterly, along the approximate ETJ Line of Simonton,

2,169 feet, more or less, to a point for corner, said point being on

a northeasterly line of said 69.1455 acre tract;

Thence, Southeasterly, along the northeasterly line of said

69.1455 acre tract, 402 feet to an easterly corner of said 69.1455

acre tract, said point being on the westerly right-of-way line of

F.M. 1489;

Thence, Southerly, along the easterly line of said 69.1455

acre tract, the easterly line of the aforementioned 63.46 acre

tract, and the westerly right-of-way line of said F.M. 1489, 1,507

feet, more or less, to an easterly corner of said 63.46 acre tract,

the beginning of a curve;

Thence, Southerly, along the westerly line of said 63.46 acre

tract and the westerly right-of-way line of said F.M. 1489, 437

feet, more or less, along the arc of a tangent curve to the left,

having a radius of 5,779.65 feet to an easterly corner of said 63.46

acre tract;

Thence, Southerly along the easterly line of said 63.46 acre

tract, an easterly line of the aforementioned 42.35 acre tract, and

the westerly right-of-way line of said F.M. 1489, 365 feet, more or

less, to an easterly corner of said 42.35 acre tract, the beginning

of a curve;

Thence, Southerly, along the an easterly line of said 42.35

acre tract and the westerly right-of-way line of said F.M. 1489, 94

feet, more or less, along the arc of a tangent curve to the right,

having a radius of 5,679.65 feet, to a point for corner, said point

being at the approximate City Limits Line of Simonton;

Thence, Westerly, along the approximate City Limits Line of

Simonton, 1,704 feet, more or less, to a point for corner, said

point being on the westerly line of said 42.35 acre tract;

Thence, Northerly, along the westerly lines of said 42.35

acre tract, said 63.46 acre tract, and said 69.1455 acre tract,

2,443 feet, more or less, to a southwesterly interior corner of said

69.1455 acre tract;

Thence Westerly, along a southerly line of said 69.1455 acre

tract, 943 feet, more or less, to the POINT OF BEGINNING and

containing 102 acres of land, more or less.

TRACT 3

Being 138 acres, more or less, of land situated in the Thomas

Westall League, Abstract 92, Fort Bend County, Texas, more

particularly being a portion of that certain called 200.15 acre

tract of land conveyed to Hady Creek Ranch, Inc. by instrument of

record in File No. 2006084768 of the Official Public Records of

said Fort Bend County, Texas (F.B.C.O.P.R.), now owned by Twinwood

(U.S.), Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., and

that certain 1.6858 acre tract of land conveyed to Hady Creek Ranch,

Inc. by instrument of record in File No. 2006084767, F.B.C.O.P.R.,

now owned by Twinwood (U.S.), Inc. as conveyed in File

No. 2012121483, F.B.C.O.P.R., said 138 acre tract being more

particularly described by metes and bounds as follows:

BEGINNING at the southeasterly corner of said 200.15 acre

tract;

Thence, Westerly, along a southerly line of said 200.15 acre

tract, 1,414 feet, more or less, to a southwesterly corner of said

200.15 acre tract;

Thence, Northerly, along a southerly line of said 200.15 acre

tract, 50 feet, more or less, to a southwesterly corner of said

200.15 acre tract;

Thence, Westerly, along a southerly line of said 200.15 acre

tract, 258 feet, more or less, to a southwesterly corner of said

200.15 acre tract, said point being on the easterly right-of-way

line of F.M. 1489;