BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 3136

85R33100 SMT-F

By: Wray (Birdwell)

 

Intergovernmental Relations

 

5/23/2017

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 3136 proposes the creation of a municipal management district to be known as Windsor Hills Municipal Management District No. 1 (district), to provide water, wastewater, drainage, recreational, and road improvements for this tract of land. The district will have an area of approximately 1,500 acres in the City of Midlothian, Texas.

 

All of the property in the proposed district is owned by Centurion American Development. The City of Midlothian has consented to the creation of the district through the adoption of a resolution. (Original Author's / Sponsor's Statement of Intent)

 

H.B. 3136 amends current law relating to the creation of the Windsor Hills Municipal Management District No. 1, provides authority to issue bonds, and provides authority to impose assessments.

 

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 Subtitle C, Title 4, Special District Local Laws Code, by adding Chapter 3946, as follows:

 

CHAPTER 3946. WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1

 

Sets forth standard language for the creation of the Windsor Hills Municipal Management District No. 1 (district) in the City of Midlothian, Texas (city). Sets forth standards, procedures, requirements, and criteria for:

 

Creation, purpose, and approval of the district (Sections 3946.001-3946.050);

 

Size, composition, appointment, compensation, and terms of the board of directors of the district, including the naming of the initial directors (Sections 3946.051-3946.100);

 

Powers and duties of the district (Sections 3946.101-3946.150);

 

Authority for the district to engage in certain improvement projects and services (Sections 3946.151-3946.200);

 

Authority to enter into a contract (Sections 3946.201-3946.250);

 

General financial provisions and authority to impose a tax and issue bonds and obligations for the district (Sections 3946.251-3946.300); and

 

Dissolution of the district by the city (Sections 3946.301-3946.303).

 

Prohibits the district from exercising the power of eminent domain.

 

SECTION 2. Sets forth the initial boundaries of the district.

 

SECTION 3. (a) Provides that the legislature finds that the Windsor Hills Municipal Management District No. 1 created under Chapter 3907 (Windsor Hills Municipal Management District No. 1), Special District Local Laws Code, as added by Chapter 858 (H.B. 3836), Acts of the 82nd Legislature, Regular Session, 2011, did not execute a development agreement and finance plan by September 1, 2012. Provides that, therefore, Chapter 3907, Special District Local Laws Code, expired by operation of Section 3907.002(b) (relating to the expiration of this chapter if certain criteria are met), Special District Local Laws Code, on September 1, 2012.

 

(b) Provides that the legislature finds that the Windsor Hills Municipal Management District No. 1 created under Chapter 3907A (Windsor Hills Municipal Management District No. 1), Special District Local Laws Code, as added by Chapter 253 (H.B. 518), Acts of the 83rd Legislature, Regular Session, 2013, did not execute a development agreement and finance plan by September 1, 2015. Provides that therefore, Chapter 3907A, Special District Local Laws Code, expired by operation of Section 3907A.002(b) (relating to this chapter expiring under certain circumstances), Special District Local Laws Code, on September 1, 2015.

 

SECTION 4. Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

 

SECTION 5. Effective date: September 1, 2017.