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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3636 to
read as follows:
CHAPTER 3636. ALAMO
MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3636.001.
DEFINITIONS.
Sec. 3636.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3636.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3636.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE
Sec. 3636.005. INITIAL
DISTRICT TERRITORY.
Sec. 3636.006.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
Sec. 3636.007.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.
Sec. 3636.008. LIBERAL
CONSTRUCTION OF CHAPTER.
Sec. 3636.009. CONFLICT
WITH RIVER AUTHORITY.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3636.051. BOARD;
TERMS.
Sec. 3636.052.
APPOINTMENT AND REMOVAL OF DIRECTORS. (a) The commissioner serves as the
presiding officer of the board.
(b) The commissioner
shall appoint the remaining members of the board as follows:
(1) a person with
knowledge of Texas history;
(2) a person with
knowledge of preservation or operation of historic sites;
(3) a person with
knowledge of fund-raising or state funding sources and procedures;
(4) a person with knowledge
of municipal land use or site development regulation;
(5) a person who owns a
business in or near the district; and
(6) a person qualified to serve as a director under Section
375.063, Local Government Code.
(c) If the board
increases the number of directors under Section 3636.051 to more than
seven, the commissioner shall appoint the additional directors. The
additional directors must be qualified to serve as a director under Section
375.063, Local Government Code.
(d) If a vacancy occurs
on the board, the commissioner shall appoint a director for the remainder
of the unexpired term only with the approval of a majority of the remaining
directors.
(e) Each director serves
at the pleasure of the commissioner. The commissioner may remove a director
at any time in a manner authorized by law.
Sec. 3636.053. NONVOTING
DIRECTORS.
Sec. 3636.054. QUORUM;
BOARD ACTION.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3636.101. GENERAL
POWERS AND DUTIES.
Sec. 3636.102. STANDARDS FOR LAND USE, SITE DEVELOPMENT,
ARCHITECTURAL DESIGN. (a) The district may adopt and enforce standards for
land use, site development, and architectural design in the district to
ensure that land use, site development, and architecture in the district
are compatible with land use, site development, and architecture in the
Alamo complex.
(b) The district may create and adopt a master plan for land
use, site development, and architectural design in the district. If the
district adopts a master plan, any standards adopted under Subsection (a)
must conform with the plan.
(c) A standard adopted under this section may not be less
strict than a standard adopted by the city that applies to land or
architecture in the district.
Sec. 3636.103. 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. 3636.104. 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. 3636.105.
AGREEMENTS; GRANTS.
Sec. 3636.106. CONTRACT
WITH POLITICAL SUBDIVISION.
Sec. 3636.107. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS.
Sec. 3636.108.
ANNEXATION. The district may annex
territory that is adjacent to the district in the manner provided by
Section 49.301, Water Code.
Sec. 3636.109. NO EMINENT
DOMAIN POWER.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3636.151. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or an improvement
project under this chapter unless a written petition requesting that
service or improvement is filed with the board.
(b) The petition 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. 3636.152.
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 the district's money.
Sec. 3636.153. AUTHORITY TO IMPOSE ASSESSMENTS, IMPACT FEES,
AND OTHER FEES. (a) The district may impose an assessment, impact fee, or
other fee as provided by Chapter 375, Local Government Code, to finance:
(1) an improvement this chapter authorizes the district to
construct or acquire; or
(2) a service this chapter authorizes the district to provide.
(b) The district may impose an assessment, impact fee, or other
fee only on property on which a structure is, on or after the date the
district is created:
(1) constructed; or
(2) renovated in a manner that removes, replaces, or renovates
at least 50 percent of the square footage of the structure.
Sec. 3636.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
board by resolution may impose and collect an assessment for any purpose
authorized by this chapter.
(b) An assessment or reassessment, including 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
proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is paid.
(d) The board may correct, add to, or delete assessments from
its assessment rolls after notice and hearing as provided by Subchapter F,
Chapter 375, Local Government Code.
Sec. 3636.155. ASSESSMENT ABATEMENTS. The district may grant
abatements of an assessment on property in the district.
Sec. 3636.156. 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 acquire, operate, or charge fees for the use
of the district conduits for:
(1) another person's:
(A) telecommunications network;
(B) fiber-optic cable; or
(C) electronic transmission line; or
(2) any other type of transmission line or supporting facility.
(c) The district may not require a person to use a district
conduit.
(d) The district may not impose an assessment under this
section on the property, including the equipment, rights-of-way,
facilities, or improvements, of:
(1) a telecommunications provider, as defined by Section
51.002, Utilities Code; or
(2) a cable service provider or a video service provider, as
defined by Section 66.002, Utilities Code.
(e) Subsection (d) does not apply to property that is used for
an office.
Sec. 3636.157. NO AD
VALOREM TAX. The district may not impose an ad
valorem tax.
Sec. 3636.158. BONDS AND
OTHER OBLIGATIONS. (a) The district may issue bonds, notes, or other
obligations payable wholly or partly
from assessments or other money
available to the district in the manner provided by Subchapter J, Chapter
375, Local Government Code.
(b) In exercising the
district's borrowing power, the district may issue a bond or other
obligation in the form of a bond, note, certificate of participation or
other instrument evidencing a proportionate interest in payments to be made
by the district, or other type of obligation.
SUBCHAPTER E. DISSOLUTION
BY BOARD
Sec. 3636.201.
DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.
SUBCHAPTER Z. SPECIAL BOND PROVISIONS
Sec. 3636.901. APPLICABILITY. This subchapter applies to bonds
payable wholly or partly from revenue derived from assessments on real
property in the district.
Sec. 3636.902. CONFLICT OF LAWS. In the event of a conflict
between this subchapter and any other law, this subchapter prevails.
Sec. 3636.903. WRITTEN AGREEMENT REGARDING SPECIAL APPRAISALS.
Before issuing bonds, the district and any person to whom the governing
body of the district intends that proceeds of the bonds be distributed,
including a developer or other owner of land in the district, and any
entity acting as a lender to a developer or other 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. 3636.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE. The
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. 3636.905. REQUIREMENTS FOR BOND ISSUE. The district may
not issue bonds until:
(1) the district submits to the Texas Commission on
Environmental Quality:
(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. 3636.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO PAY
CERTAIN BONDS. The district may not collect an assessment to be used for
the payment of bonds to be issued to finance the construction of
underground water, wastewater, and drainage facilities 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 to be financed by the proceeds of the bonds, as certified by the
district's engineer and constructed in accordance with city or county
standards.
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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3636 to
read as follows:
CHAPTER 3636. ALAMO
MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3636.001.
DEFINITIONS.
Sec. 3636.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3636.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3636.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE
Sec. 3636.005. INITIAL
DISTRICT TERRITORY.
Sec. 3636.006.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
Sec. 3636.007.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.
Sec. 3636.008. LIBERAL
CONSTRUCTION OF CHAPTER.
Sec. 3636.009. CONFLICT
WITH RIVER AUTHORITY
Sec. 3636.010. CONFLICT WITH CITY. If any authority or power
granted to the district overlaps or conflicts with any authority or power
granted to the city, the authority or power granted to the city shall
supersede and control over the authority or power granted to the district,
unless the city consents to the exercise of the authority or power by the
district.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3636.051. BOARD;
TERMS.
Sec. 3636.052.
APPOINTMENT AND REMOVAL OF DIRECTORS. (a) The commissioner serves as the
presiding officer of the board.
(b) The mayor of the city shall serve as a director or appoint
a person to serve on behalf of the mayor.
(c) The commissioner
shall appoint the remaining members of the board as follows:
(1) a person with
knowledge of Texas history;
(2) a person with
knowledge of preservation or operation of historic sites;
(3) a person with
knowledge of fund-raising or state funding sources and procedures;
(4) a person with
knowledge of municipal land use or site development regulation; and
(5) a person who owns a
business in or near the district.
(d) If the board
increases the number of directors under Section 3636.051 to more than
seven, the commissioner shall appoint the additional directors. The
additional directors must be qualified to serve as a director under Section
375.063, Local Government Code.
(e) If a vacancy occurs
on the board, the commissioner shall appoint a director for the remainder
of the unexpired term only with the approval of a majority of the remaining
directors.
(f) Each director appointed under Subsection (c) serves
at the pleasure of the commissioner. The commissioner may remove a
director at any time in a manner authorized by law.
Sec. 3636.053. NONVOTING
DIRECTORS.
Sec. 3636.054. QUORUM;
BOARD ACTION.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3636.101. GENERAL
POWERS AND DUTIES.
Sec. 3636.102. MASTER PLAN. The district may participate with
the city in the development and implementation of an Alamo Complex Master
Plan.
Sec. 3636.103.
AGREEMENTS; GRANTS.
Sec. 3636.104. CONTRACT
WITH POLITICAL SUBDIVISION.
Sec. 3636.105. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS.
Sec. 3636.106. NO
ANNEXATION. The district may not annex
territory.
Sec. 3636.107. NO EMINENT
DOMAIN POWER.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 3636.151.
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 the district's money.
(See Sec. 3636.152 below.)
(See Sec. 3636.152 below.)
(See Sec. 3636.152 below.)
(See Sec. 3636.152 below.)
Sec. 3636.152. NO TAXES,
ASSESSMENTS, OR FEES. The district may not impose a tax, assessment, or fee.
Sec. 3636.153. BONDS AND
OTHER OBLIGATIONS. (a) The district may issue bonds, notes, or other
obligations payable from money available to the district in the manner
provided by Subchapter J, Chapter 375, Local Government Code.
(b) In exercising the
district's borrowing power, the district may issue a bond or other
obligation in the form of a bond, note, certificate of participation or
other instrument evidencing a proportionate interest in payments to be made
by the district, or other type of obligation.
Sec. 3636.154. REQUIREMENTS FOR BOND ISSUE. The district may
not issue bonds until the district submits to the Texas Commission on
Environmental Quality:
(1) 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
(2) a cash flow analysis to determine the projected bond payoff
schedule, which includes the following assumptions:
(A) each ending balance for debt service in the analysis is not
less than 25 percent of the following year's debt service requirement; and
(B) interest income is only shown on the ending balance for
debt service for the first two years.
SUBCHAPTER E. DISSOLUTION
BY BOARD
Sec. 3636.201.
DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.
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