SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3800 to
read as follows:
CHAPTER 3800. HARRIS
COUNTY IMPROVEMENT DISTRICT NO. 26
SUBCHAPTER A. GENERAL
PROVISIONS
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3800.051. GOVERNING
BODY; TERMS.
Sec. 3800.052.
APPOINTMENT OF VOTING DIRECTORS. The Texas Commission on Environmental
Quality shall appoint voting directors from persons recommended by the
board.
Sec. 3800.053. NONVOTING
DIRECTORS.
Sec. 3800.054. QUORUM.
Sec. 3800.055.
COMPENSATION.
Sec. 3800.056. INITIAL
VOTING DIRECTORS. (a) The initial board consists of:
Pos. No.Name of Director:
1____________________
2____________________
3____________________
4____________________
5____________________
(b) Of the initial
directors, the terms of directors appointed for positions one through three
expire June 1, 2019, and the terms of directors appointed for positions
four and five expire June 1, 2021.
(c) Section 3800.052 does
not apply to this section.
(d) This section expires
September 1, 2021.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3800.101. GENERAL
POWERS AND DUTIES.
Sec. 3800.102.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3800.103.
DEVELOPMENT CORPORATION POWERS.
Sec. 3800.104. NONPROFIT
CORPORATION.
Sec. 3800.105.
AGREEMENTS; GRANTS.
Sec. 3800.106. LAW
ENFORCEMENT SERVICES.
Sec. 3800.107. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS.
Sec. 3800.108. ECONOMIC
DEVELOPMENT.
Sec. 3800.109. PARKING
FACILITIES.
Sec. 3800.110.
ANNEXATION OR EXCLUSION OF LAND.
Sec. 3800.111. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3800.112. ROAD
UTILITY DISTRICT POWERS.
Sec. 3800.113. CONDUIT FACILITIES. (a) The district may
finance, acquire, construct, improve, operate, maintain, or charge a fee
for the use of district conduits for:
(1) fiber-optic cable and supporting facilities;
(2) electronic transmission lines and supporting facilities; or
(3) other types of transmission lines and supporting
facilities.
(b) The district may not
require a person to use a district conduit.
Sec. 3800.114. STRATEGIC
PARTNERSHIP AGREEMENT.
Sec. 3800.115. NO EMINENT
DOMAIN POWER.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
SUBCHAPTER E. TAXES AND
BONDS
SUBCHAPTER F. DEFINED
AREAS
SUBCHAPTER G. SALES AND
USE TAX
SUBCHAPTER H. HOTEL
OCCUPANCY TAXES
SUBCHAPTER I. MUNICIPAL
ANNEXATION AND DISSOLUTION
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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3800 to
read as follows:
CHAPTER 3800. HARRIS
COUNTY IMPROVEMENT DISTRICT NO. 26
SUBCHAPTER A. GENERAL
PROVISIONS
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3800.051. GOVERNING
BODY; TERMS.
Sec. 3800.052.
APPOINTMENT OF VOTING DIRECTORS. (a) The Texas Commission on
Environmental Quality shall appoint voting directors from persons
recommended by the board.
(b) Section 49.052, Water Code, does not apply to the
directors.
Sec. 3800.053. NONVOTING
DIRECTORS.
Sec. 3800.054. QUORUM.
Sec. 3800.055.
COMPENSATION.
Sec. 3800.056. INITIAL
VOTING DIRECTORS. (a) The initial board consists of:
Pos. No.Name of Director:
1Jeff Eastman
2Mark Urback
3Lee Burchfield
4James Warren
5Jay Lynn Daniel
(b) Of the initial
directors, the terms of directors appointed for positions one through three
expire June 1, 2019, and the terms of directors appointed for positions
four and five expire June 1, 2021.
(c) Section 3800.052 does
not apply to this section.
(d) This section expires
September 1, 2021.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3800.101. GENERAL
POWERS AND DUTIES.
Sec. 3800.102.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3800.103.
DEVELOPMENT CORPORATION POWERS.
Sec. 3800.104. NONPROFIT
CORPORATION.
Sec. 3800.105. PUBLIC FACILITY CORPORATIONS. As provided by
Chapter 303, Local Government Code, the board by resolution may authorize
the creation of a public facility corporation in the district to finance or
to provide for the acquisition, construction, rehabilitation, renovation,
repair, equipping, furnishing, or placement in service of public facilities
in an orderly, planned manner and at the lowest possible borrowing costs.
Sec. 3800.106.
AGREEMENTS; GRANTS.
Sec. 3800.107. LAW
ENFORCEMENT SERVICES.
Sec. 3800.108. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS.
Sec. 3800.109. ECONOMIC
DEVELOPMENT.
Sec. 3800.110. PARKING
FACILITIES.
Sec. 3800.111. ANNEXATION
OR EXCLUSION OF LAND.
Sec. 3800.112. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3800.113. ROAD
UTILITY DISTRICT POWERS.
Sec. 3800.114. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
ASSESSMENTS AND FEES. The district may not impose an assessment, impact
fee, or standby fee on the property, including the equipment,
rights-of-way, easements, facilities, or improvements, of:
(1) an electric utility or a power generation company as
defined by Section 31.002, Utilities Code;
(2) a gas utility, as defined by Section 101.003 or 121.001,
Utilities Code, or a person who owns pipelines used for the transportation
or sale of oil or gas or a product or constituent of oil or gas;
(3) a person who owns pipelines used for the transportation or
sale of carbon dioxide;
(4) a telecommunications provider as defined by Section 51.002,
Utilities Code; or
(5) a cable service provider or video service provider as
defined by Section 66.002, Utilities Code.
Sec. 3800.115. USE OF ELECTRICAL OR OPTICAL LINES. (a) The
district may impose an assessment to pay the cost of:
(1) burying or removing electrical power lines, telephone
lines, cable or fiber-optic lines, or any other type of electrical or
optical line;
(2) removing poles and any elevated lines using the poles; and
(3) reconnecting the lines described by Subdivision (2) to the
buildings or other improvements to which the lines were connected.
(b) The district may finance, acquire, construct, improve,
operate, maintain, or charge fees for the use of the district conduits for
another person's:
(1) telecommunications network; or
(2) fiber-optic cable.
(c) Consistent with Title 2, Utilities Code, the district may
finance, construct, or maintain conduits for:
(1) electronic transmission and distribution lines and
supporting facilities; or
(2) other types of transmission and distribution lines and
supporting facilities.
(d) The district may not
require a person to use a district conduit.
Sec. 3800.116. STRATEGIC
PARTNERSHIP AGREEMENT.
Sec. 3800.117. NO EMINENT
DOMAIN POWER.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
SUBCHAPTER E. TAXES AND
BONDS
SUBCHAPTER F. DEFINED
AREAS
SUBCHAPTER G. SALES AND
USE TAX
SUBCHAPTER H. HOTEL
OCCUPANCY TAXES
SUBCHAPTER I. MUNICIPAL
ANNEXATION AND DISSOLUTION
SUBCHAPTER Z. SPECIAL BOND PROVISIONS
Sec. 3800.901. APPLICABILITY. This subchapter applies to bonds
payable wholly or partly from revenue derived from assessments on real
property in the district.
Sec. 3800.902. CONFLICT OF LAWS. In the event of a conflict
between this subchapter and any other law, this subchapter prevails.
Sec. 3800.903. WRITTEN AGREEMENT REGARDING SPECIAL APPRAISALS.
Before issuing bonds, the district and any person to whom the board intends
that proceeds of the bonds be distributed, including a developer of or
owner of land in the district, and any entity acting as a lender to a
developer of or owner of land in the district for the purpose of a project
relating to the district, must enter into a written agreement that:
(1) waives for the term of the agreement the right to a special
appraisal with respect to taxation by the district under Subchapters B, C,
D, E, F, and H, Chapter 23, Tax Code; and
(2) remains in effect for 30 years and is binding on the
parties, on entities related to or affiliated with the parties, and on
their successors and assignees.
Sec. 3800.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
district may not advertise for an issuance of bonds until the completion of
at least 25 percent of the projected value of the improvements, including
houses and other buildings, that are liable for district assessments and
necessary to support the district bonds.
Sec. 3800.905. REQUIREMENTS FOR BOND ISSUE. The district may
not issue bonds until:
(1) the district submits to the commission:
(A) an engineer's report describing the project for which the
bonds will provide funding, including data, profiles, maps, plans, and
specifications related to the project; and
(B) a cash flow analysis to determine the projected rate of
assessment, which includes the following assumptions:
(i) each ending balance for debt service in the analysis is not
less than 25 percent of the following year's debt service requirement;
(ii) interest income is only shown on the ending balance for
debt service for the first two years; and
(iii) the projected rate of assessment is level or decreasing
for the life of the bonds issued by the district;
(2) the completion of at least 75 percent of the projected
value of the improvements, including houses and other buildings, that are
liable for district assessments and necessary to support the district
bonds; and
(3) the district has obtained an independent market study from
a firm recognized in the area of real estate market analysis supporting the
development projects for the real property that is liable for district
assessments and necessary to support the district bonds.
Sec. 3800.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO PAY
BONDS. The district may not collect an assessment to be used for the
payment of bonds until:
(1) the completion of at least 95 percent of the underground
water, wastewater, and drainage facilities financed from bond proceeds that
are necessary to serve the projected build-out, as certified by the
district's engineer;
(2) the district or other appropriate party has secured the
groundwater, surface water, and water discharge permits that are necessary
to secure capacity to support the projected build-out;
(3) the completion of at least 95 percent of lift station,
water plant, and sewage treatment plant capacity sufficient to serve the
connections constructed in the project for a period of not less than 18
months, as certified by the district's engineer; and
(4) the completion of at least 95 percent of the streets and
roads that are necessary to provide access to the areas served by utilities
and financed by the proceeds of bonds issued by the district, as certified
by the district's engineer and constructed in accordance with city or county
standards.
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