H.B. No. 2332
 
 
 
 
AN ACT
  relating to the creation of the Brazoria County Management District
  No. 1; providing authority to issue bonds; providing authority to
  impose assessments, fees, and 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 3944 to read as follows:
  CHAPTER 3944. BRAZORIA COUNTY MANAGEMENT DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3944.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "County" means Brazoria County.
               (3)  "Director" means a board member.
               (4)  "District" means the Brazoria County Management
  District No. 1.
         Sec. 3944.002.  CREATION AND NATURE OF DISTRICT; IMMUNITY.
  (a) The district is a special district created under Section 59,
  Article XVI, Texas Constitution.
         (b)  The district is a governmental unit, as provided by
  Section 375.004, Local Government Code. 
         (c)  This chapter does not waive any governmental or
  sovereign immunity from suit, liability, or judgment that would
  otherwise apply to the district.
         Sec. 3944.003.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED. The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 3944.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 3944.003
  until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district.
         Sec. 3944.005.  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, the legislature has established
  a program to accomplish the public purposes set out in Sections 52
  and 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.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve a municipality 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 governmental services
  provided in the district.
         Sec. 3944.006.  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.
         (c)  The creation of the district is in the public interest
  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; and
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways, road facilities,
  transit facilities, parking facilities, enhanced infrastructure,
  recreational facilities, public art objects, water and wastewater
  facilities, and drainage facilities, and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty.
         (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. 3944.007.  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 of the district 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, notes, or other
  obligations for a purpose for which the district is created or to
  pay the principal of and interest on the bonds, notes, or other
  obligations;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3944.008.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created under
  Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code;
               (3)  an enterprise zone created under Chapter 2303,
  Government Code; or
               (4)  an industrial district created under Chapter 42,
  Local Government Code.
         Sec. 3944.009.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3944.010.  LIBERAL CONSTRUCTION OF CHAPTER. This
  chapter shall be liberally construed in conformity with the
  findings and purposes stated in this chapter.
         Sec. 3944.011.  CONFLICTS OF LAW.  This chapter prevails
  over any provision of general law, including a provision of Chapter
  375, Local Government Code, or Chapter 49, Water Code, that is in
  conflict or inconsistent with this chapter.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3944.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five directors elected or appointed as
  provided by this chapter and Subchapter D, Chapter 49, Water Code.
         (b)  Except as provided by Section 3944.053, directors serve
  staggered four-year terms.
         Sec. 3944.052.  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. 3944.053.  TEMPORARY DIRECTORS. (a) On or after the
  effective date of the Act creating this chapter, the owner or owners
  of a majority of the assessed value of the real property in the
  district according to the most recent certified tax appraisal roll
  for the county may submit a petition to the commission requesting
  that the commission appoint as temporary directors the five persons
  named in the petition.  The commission shall appoint as temporary
  directors the five persons named in the petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 3944.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (c)  If permanent directors have not been elected under
  Section 3944.003 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 3944.003; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  according to the most recent certified tax appraisal roll for the
  county may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition.  The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
         Sec. 3944.054.  DISQUALIFICATION OF DIRECTORS.  Section
  49.052, Water Code, applies to the members of the board.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 3944.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3944.102.  IMPROVEMENT PROJECTS AND SERVICES.  (a)  The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service using 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
  under Chapter 375, Local Government Code.
         (b)  An improvement project described by Subsection (a) may
  be located inside or outside the district.
         Sec. 3944.103.  RECREATIONAL FACILITIES. The district may
  develop or finance recreational facilities as authorized by Chapter
  375, Local Government Code, Sections 52 and 52-a, Article III,
  Texas Constitution, Section 59, Article XVI, Texas Constitution,
  and any other law that applies to the district.
         Sec. 3944.104.  AUTHORITY FOR ROAD PROJECTS.  Under Section
  52, Article III, Texas Constitution, the district may own, operate,
  maintain, design, acquire, construct, finance, issue bonds, notes,
  or other obligations for, improve, and convey to this state, a
  county, or a municipality for ownership, operation, and maintenance
  macadamized, graveled, or paved roads or improvements, including
  storm drainage, in aid of those roads.
         Sec. 3944.105.  CONVEYANCE AND APPROVAL OF ROAD PROJECT.  
  (a)  The district may convey a road project authorized by Section
  3944.104 to:
               (1)  a municipality or county that will operate and
  maintain the road if the municipality or county has approved the
  plans and specifications of the road project; or
               (2)  the state if the state will operate and maintain
  the road and the Texas Transportation Commission has approved the
  plans and specifications of the road project.
         (b)  Except as provided by Subsection (c), the district shall
  operate and maintain a road project authorized by Section 3944.104
  that the district implements and does not convey to a municipality,
  a county, or this state under Subsection (a).
         (c)  The district may agree in writing with a municipality, a
  county, or this state to assign operation and maintenance duties to
  the district, the municipality, the county, or this state in a
  manner other than the manner described in Subsections (a) and (b).
         Sec. 3944.106.  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. 3944.107.  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. 3944.108.  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. 3944.109.  LAW ENFORCEMENT SERVICES.  Section 49.216,
  Water Code, applies to the district.
         Sec. 3944.110.  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. 3944.111.  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.
         (c)  The district may create economic development programs
  and exercise the economic development powers that:
               (1)  Chapter 380, Local Government Code, provides to a
  municipality; and
               (2)  Subchapter A, Chapter 1509, Government Code,
  provides to a municipality.
         Sec. 3944.112.  STRATEGIC PARTNERSHIP AGREEMENT. The
  district may negotiate and enter into a written strategic
  partnership agreement with a municipality under Section 43.0751,
  Local Government Code.
         Sec. 3944.113.  REGIONAL PARTICIPATION AGREEMENT.  The
  district may negotiate and enter into a written regional
  participation agreement with a municipality under Section 43.0754,
  Local Government Code.
         Sec. 3944.114.  ANNEXATION OR EXCLUSION OF LAND. (a) The
  district may annex land as provided by Subchapter J, Chapter 49,
  Water Code.
         (b)  The district may exclude land as provided by Subchapter
  J, Chapter 49, Water Code. Section 375.044(b), Local Government
  Code, does not apply to the district.
         (c)  The district may include and exclude land as provided by
  Sections 54.739-54.747, Water Code. A reference in those sections
  to a "tax" means an ad valorem tax for the purposes of this
  subsection.
         (d)  If the district adopts a sales and use tax authorized at
  an election held under Section 3944.202 and subsequently includes
  new territory in the district under this section, the district:
               (1)  is not required to hold another election to
  approve the imposition of the sales and use tax in the included
  territory; and
               (2)  shall impose the sales and use tax in the included
  territory as provided by Chapter 321, Tax Code.
         (e)  If the district adopts a sales and use tax authorized at
  an election held under Section 3944.202 and subsequently excludes
  territory in the district under this section, the sales and use tax
  is inapplicable to the excluded territory, as provided by Chapter
  321, Tax Code, but is applicable to the territory remaining in the
  district.
         Sec. 3944.115.  APPLICABILITY OF OTHER LAW TO CERTAIN
  CONTRACTS. (a)  Subchapter I, Chapter 49, Water Code, applies to a
  district contract for construction work, equipment, materials, or
  machinery.  Notwithstanding Section 2269.003(a), Government Code,
  the district may use a project delivery method described by
  Subchapter I, Chapter 49, Water Code, or Subchapters A-G, I, and J,
  Chapter 2269, Government Code.
         (b)  Notwithstanding Subsection (a), the board may adopt
  rules governing the receipt of bids and the award of a district
  contract and providing for the waiver of the competitive bid
  process if:
               (1)  there is an emergency;
               (2)  the needed materials are available only from one
  source;
               (3)  in a procurement requiring design by the supplier
  competitive bidding would not be appropriate and competitive
  negotiation, with proposals solicited from an adequate number of
  qualified sources, would permit reasonable competition consistent
  with the nature and requirements of the procurement; or
               (4)  after solicitation, it is ascertained that there
  will be only one bidder.
         (c)  Section 375.223, Local Government Code, does not apply
  to the district.
         Sec. 3944.116.  TERMS OF EMPLOYMENT; COMPENSATION. The
  board may employ and establish the terms of employment and
  compensation of an executive director or general manager and any
  other district employees the board considers necessary.
         Sec. 3944.117.  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.
         (c)  The district's parking facilities are parts of and
  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. 3944.118.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3944.151.  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. 3944.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, maintain, or
  provide any improvement or service authorized under this chapter or
  Chapter 375, Local Government Code, using any money available to
  the district.
         Sec. 3944.153.  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)  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. 3944.154.  METHOD OF NOTICE FOR HEARING. The district
  may mail the notice required by Section 375.115(c), Local
  Government Code, by certified or first class United States mail.
  The board shall determine the method of notice.
         Sec. 3944.155.  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 without regard to whether that area is already subject to
  or overlaps with an area of the district that is subject to a prior
  assessment imposed by the board.
         (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 are:
               (1)  a first and prior lien against the property
  assessed;
               (2)  superior to any other lien or claim other than a
  lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  the personal liability of and a charge against the
  owners of the property even if the owners are not named in the
  assessment proceedings.
         (c)  The lien is effective from the date of the board's
  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. 3944.156.  TAX AND ASSESSMENT ABATEMENTS.  The district
  may designate reinvestment zones and may grant abatements of a tax
  or assessment on property in the zones.
         Sec. 3944.157.  UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
  The district may not impose an assessment on the property,
  including the equipment, rights-of-way, 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;
               (3)  a telecommunications provider as defined by
  Section 51.002, Utilities Code; or
               (4)  a person who provides to the public cable
  television or advanced telecommunications services.
         Sec. 3944.158.  RESIDENTIAL PROPERTY. Section 375.161,
  Local Government Code, does not apply to:
               (1)  a tax imposed by the district; or
               (2)  a required payment for a service provided by the
  district, including water and sewer service.
         Sec. 3944.159.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 3944.163, the district
  may impose an annual 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)  operate and maintain 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.
         (c)  Section 49.107(h), Water Code, does not apply to the
  district.
         Sec. 3944.160.  CONTRACT TAXES.  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.
         Sec. 3944.161.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
  AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
  determined by the board.
         (b)  The district may by competitive bid or negotiated sale
  issue bonds, notes, or other obligations payable wholly or partly
  from taxes, including ad valorem taxes, or assessments, fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources of money, to pay for any authorized
  district purpose.
         (c)  In addition to any other terms authorized by the board
  by bond order or resolution, the proceeds of the district's bonds
  may be used for a reserve fund, credit enhancement, or capitalized
  interest for the bonds.
         (d)  The limitation on the outstanding principal amount of
  bonds, notes, and other obligations provided by Section 49.4645,
  Water Code, does not apply to the district.
         Sec. 3944.162.  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 ad valorem tax, without limit as to rate or amount, while 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. 3944.163.  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 3944.160.
         (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 sales and use tax or issue bonds payable from ad valorem
  taxes.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         (d)  All or any part of any facilities or improvements that
  may be acquired by a district through the issuance of district bonds
  may be included in one single proposition to be voted on at the
  election or the bonds may be submitted in several propositions.
         Sec. 3944.164.  MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
  OBLIGATIONS.  Except as provided by Section 375.263, Local
  Government Code, a municipality is not required to pay a bond, note,
  or other obligation of the district.
         Sec. 3944.165.  AUDIT EXEMPTION. (a) The district may elect
  to complete an annual financial report in lieu of an annual audit
  under Section 375.096(a)(6), Local Government Code, if:
               (1)  the district had no bonds or other long-term (more
  than one year) liabilities outstanding during the fiscal period;
               (2)  the district did not have gross receipts from
  operations, loans, taxes, assessments, or contributions in excess
  of $250,000 during the fiscal period; and
               (3)  the district's cash and temporary investments were
  not in excess of $250,000 during the fiscal period.
         (b)  Each annual financial report prepared in accordance
  with this section must be open to public inspection and accompanied
  by an affidavit signed by a duly authorized representative of the
  district attesting to the accuracy and authenticity of the
  financial report.
         (c)  The annual financial report and affidavit shall be
  substantially similar in form to the annual financial report and
  affidavit forms prescribed by the executive director of the Texas
  Commission on Environmental Quality under Section 49.198, Water
  Code.
  SUBCHAPTER E. SALES AND USE TAX
         Sec. 3944.201.  APPLICABILITY OF CERTAIN TAX CODE
  PROVISIONS. (a)  Chapter 321, Tax Code, governs the imposition,
  computation, administration, enforcement, and collection of the
  sales and use tax authorized by this subchapter except to the extent
  Chapter 321, Tax Code, is inconsistent with this chapter.
         (b)  A reference in Chapter 321, Tax Code, to a municipality
  or the governing body of a municipality is a reference to the
  district or the board, respectively.
         Sec. 3944.202.  ELECTION; ADOPTION OF TAX. (a) The district
  may adopt a sales and use tax if authorized by a majority of the
  voters of the district voting at an election held for that purpose.
         (b)  The board by order may call an election to authorize the
  adoption of the sales and use tax. The election may be held on any
  uniform election date and in conjunction with any other district
  election.
         (c)  The ballot shall be printed to provide for voting for or
  against the proposition: "Authorization of a sales and use tax in
  the Brazoria County Management District No. 1 at a rate not to
  exceed ____ percent" (insert rate of one or more increments of
  one-eighth of one percent).
         Sec. 3944.203.  SALES AND USE TAX RATE. (a) On or after the
  date the results are declared of an election held under Section
  3944.202, at which the voters approved imposition of the tax
  authorized by this subchapter, the board shall determine and adopt
  by resolution or order the initial rate of the tax, which must be in
  one or more increments of one-eighth of one percent.
         (b)  After the election held under Section 3944.202, the
  board may increase or decrease the rate of the tax by one or more
  increments of one-eighth of one percent.
         (c)  The initial rate of the tax or any rate resulting from
  subsequent increases or decreases may not exceed the lesser of:
               (1)  the maximum rate authorized by the district voters
  at the election held under Section 3944.202; or
               (2)  a rate that, when added to the rates of all sales
  and use taxes imposed by other political subdivisions with
  territory in the district, would result in the maximum combined
  rate prescribed by Section 321.101(f), Tax Code, at any location in
  the district.
         Sec. 3944.204.  TAX AFTER MUNICIPAL ANNEXATION. (a)  This
  section applies to the district after a municipality annexes part
  of the territory in the district and imposes the municipality's
  sales and use tax in the annexed territory.
         (b)  If at the time of annexation the district has
  outstanding debt or other obligations payable wholly or partly from
  district sales and use tax revenue, Section 321.102(g), Tax Code,
  applies to the district.
         (c)  If at the time of annexation the district does not have
  outstanding debt or other obligations payable wholly or partly from
  district sales and use tax revenue, the district may:
               (1)  exclude the annexed territory from the district,
  if the district has no outstanding debt or other obligations
  payable from any source; or
               (2)  reduce the sales and use tax in the annexed
  territory by resolution or order of the board to a rate that, when
  added to the sales and use tax rate imposed by the municipality in
  the annexed territory, is equal to the sales and use tax rate
  imposed by the district in the district territory that was not
  annexed by the municipality.
         Sec. 3944.205.  NOTIFICATION OF RATE CHANGE.  The board
  shall notify the comptroller of any changes made to the tax rate
  under this subchapter in the same manner the municipal secretary
  provides notice to the comptroller under Section 321.405(b), Tax
  Code.
         Sec. 3944.206.  USE OF REVENUE. Revenue from the sales and
  use tax imposed under this subchapter is for the use and benefit of
  the district and may be used for any district purpose. The district
  may pledge all or part of the revenue to the payment of bonds,
  notes, or other obligations, and that pledge of revenue may be in
  combination with other revenue, including tax revenue, available to
  the district.
         Sec. 3944.207.  ABOLITION OF TAX. (a)  Except as provided by
  Subsection (b), the board may abolish the tax imposed under this
  subchapter without an election.
         (b)  The board may not abolish the tax imposed under this
  subchapter if the district has outstanding debt secured by the tax,
  and repayment of the debt would be impaired by the abolition of the
  tax.
         (c)  If the board abolishes the tax, the board shall notify
  the comptroller of that action in the same manner the municipal
  secretary provides notice to the comptroller under Section
  321.405(b), Tax Code.
         (d)  If the board abolishes the tax or decreases the tax rate
  to zero, a new election to authorize a sales and use tax must be held
  under Section 3944.202 before the district may subsequently impose
  the tax.
         (e)  This section does not apply to a decrease in the sales
  and use tax authorized under Section 3944.204(c)(2).
  SUBCHAPTER F. HOTEL OCCUPANCY TAX
         Sec. 3944.251.  DEFINITION. In this subchapter, "hotel" has
  the meaning assigned by Section 156.001, Tax Code.
         Sec. 3944.252.  APPLICABILITY OF CERTAIN TAX CODE
  PROVISIONS.  (a)  For purposes of this subchapter:
               (1)  a reference in Subchapter A, Chapter 352, Tax
  Code, to a county is a reference to the district; and
               (2)  a reference in Subchapter A, Chapter 352, Tax
  Code, to the commissioners court is a reference to the board.
         (b)  Except as inconsistent with this subchapter, Subchapter
  A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
  by this subchapter, including the collection of the tax, subject to
  the limitations prescribed by Sections 352.002(b) and (c), Tax
  Code.
         Sec. 3944.253.  TAX AUTHORIZED; USE OF REVENUE.  The
  district may impose a hotel occupancy tax for any purpose described
  by Section 351.101 or 352.101, Tax Code.
         Sec. 3944.254.  TAX RATE.  (a)  The amount of the hotel
  occupancy tax may not exceed the lesser of:
               (1)  the maximum rate prescribed by Section 352.003(a),
  Tax Code; or
               (2)  a rate that, when added to the rates of all hotel
  occupancy taxes imposed by other political subdivisions with
  territory in the district and by this state, does not exceed the sum
  of the rate prescribed by Section 351.0025(b), Tax Code, plus two
  percent.
         (b)  The district tax is in addition to a tax imposed by a
  municipality under Chapter 351, Tax Code, or by the county under
  Chapter 352, Tax Code.
         Sec. 3944.255.  INFORMATION.  The district may examine and
  receive information related to the imposition of hotel occupancy
  taxes to the same extent as if the district were a county.
         Sec. 3944.256.  USE OF REVENUE.  The district may use revenue
  from the hotel occupancy tax for any district purpose that is an
  authorized use of hotel occupancy tax revenue under Chapter 351 or
  352, Tax Code.  The district may pledge all or part of the revenue to
  the payment of bonds, notes, or other obligations and that pledge of
  revenue may be in combination with other revenue available to the
  district.
         Sec. 3944.257.  ABOLITION OF TAX. (a)  Except as provided by
  Subsection (b), the board may abolish the tax imposed under this
  subchapter.
         (b)  The board may not abolish the tax imposed under this
  subchapter if the district has outstanding debt secured by the tax,
  and repayment of the debt would be impaired by the abolition of the
  tax.
  SUBCHAPTER G. DISSOLUTION BY BOARD
         Sec. 3944.301.  DISSOLUTION OF DISTRICT WITH OUTSTANDING
  DEBT. (a)  The board may dissolve the district regardless of
  whether the district has debt.  Section 375.264, Local Government
  Code, does not apply to the district.
         (b)  If the district has debt when it is dissolved, the
  district shall remain in existence solely for the purpose of
  discharging its debts. The dissolution is effective when all debts
  have been discharged.
         SECTION 2.  The Brazoria County Management District No. 1
  initially includes all the territory contained in the following
  area:
         A METES & BOUNDS description of a certain 745.8 acre tract of
  land situated in the H.T.&B.R.R. Company Survey, Abstract No. 251,
  the A. A. Talmage Survey, Abstract No. 554, the A. A. Talmage
  Survey, Abstract No. 553 and the James L Holmes Heirs Survey,
  Abstract No. 610, all in Brazoria County, Texas and being out of a
  called 2856.555 acre tract of land (Tract 1) conveyed to Dee S.
  Osborne by the deed recorded in Volume 1159, Page 715 of the
  Brazoria County Deed Records, a called 98.2535 acre tract of land
  conveyed to Southeast Properties, Ltd by the deed recorded in
  Clerk's File No. 92-33050 of the Brazoria County Official Public
  Records and a called 109.232 acre tract of land conveyed to
  Southeast Properties, LTD recorded in Volume 1221, Page 362 of the
  Brazoria County Deed Records; said 745.8 acre tract being more
  particularly described as follows with all bearings being based on
  the Texas Coordinate System, South Central Zone, NAD 83;
         COMMENCING at a found concrete monument at the northeast
  corner of said 98.2535 acres also being in the southerly
  right-of-way line of FM 1462;
         THENCE, South 86°56'14" West, along the northerly line of said
  98.2535 and 2856.555 acre tracts, common with the southerly
  right-of-way line of said FM 1462, a distance of 1005.62 feet to a
  set 3/4-inch iron rod (with cap stamped "JonesCarter property
  corner") for the POINT OF BEGINNING of the herein described tract;
         THENCE, over and across said 98.2535 and 2856.555 acre tracts
  the following seven (7) bearings and distances;
               1)  South 33°31'32" East, a distance of 2191.74 feet to
  a point for corner;
               2)  South 32°16'42" East, a distance of 473.37 feet to a
  point for corner;
               3)  South 33°50'21" East, a distance of 1651.19 feet to
  a point for corner;
               4)  South 34°22'34" East, a distance of 700.44 feet to a
  point for corner;
               5)  South 67°37'10" East, a distance of 885.98 feet to a
  point for corner;
               6)  South 68°00'23" East, a distance of 1178.08 feet to
  a point for corner;
               7)  South 67°16'53" East, a distance of 1365.55 feet to
  the beginning of a non-tangent curve to the left;
         THENCE, continuing over and across said 2856.555 acres and
  along the arc of said non-tangent curve to the left having a radius
  of 5280.00 feet, a central angle of 21°24'05", an arc length of
  1972.22 feet, and a long chord bearing South 51°53'34" East, 1960.78
  feet to a point at the beginning of a compound curve to the left;
         THENCE, continuing over and across said 2856.555 acres and
  along the arc of said compound curve to the left having a radius of
  5280.00 feet, a central angle of 07°33'42", an arc length of 696.84
  feet, and a long chord bearing South 48°41'21" East, 696.33 feet to a
  set 3/4-inch iron rod (with cap stamped "JonesCarter property
  corner") in the southeasterly line of said 2856.555 acre tract,
  common with the northwesterly line of a called 110.21 acre tract of
  land conveyed to Patrick D. Moller and wife, Suzanne Moller by the
  deed recorded in Clerk's File No. 96-005947 of the Brazoria County
  Official Public Records;
         THENCE, South 59°36'38" West, along the southeasterly line of
  said 2856.555 acre tract, common with the northwesterly lines of
  said 110.21 acres and a called 5440.64 acre tract of land conveyed
  to HRI Development Corporation by the deed recorded in Clerk's File
  No. 88544-596 of the Brazoria County Official Public Records, a
  distance of 2868.79 feet to a set 3/4-inch iron rod (with cap
  stamped "JonesCarter property corner");
         THENCE over and across said 2856.555 and 109.232 acre tracts
  the following six (6) bearings and distances;
               1)  North 67°38'45" West, a distance of 2391.22 feet to
  a point for corner;
               2)  North 67°31'02" West, a distance of 2641.65 feet to
  a point for corner;
               3)  North 33°08'38" West, a distance of 825.02 feet to a
  point for corner;
               4)  North 37°02'29" West, a distance of 125.27 feet to a
  point for corner;
               5)  North 34°06'46" West, a distance of 525.85 feet to a
  point for corner;
               6)  North 32°45'11" West, a distance of 1737.40 feet to
  a point for corner;
         THENCE, North 33°07'56" West, continuing over and across said
  2856.55 and 109.232 acre tracts, a distance of 1574.72 feet to a set
  3/4-inch iron rod (with cap stamped "JonesCarter property corner")
  in a northerly line of said 2856.555 acre tract, common with the
  southerly line of a called 80.74 acre tract of land (Tract 2)
  conveyed to South Associates by the deed recorded in Volume 1420,
  Page 710 of the Brazoria County Deed Records;
         THENCE, North 86°55'53" East, along said common line, 256.28
  feet to the southeast corner of said 80.74 acre tract also being in
  the westerly line of the aforementioned 109.232 acre tract;
         THENCE, North 02°27'26" West, along the westerly line of said
  109.232 acre tract, common with the easterly line of said 80.74 acre
  tract, a distance of 2584.43 feet to a set 3/4-inch iron rod (with
  cap stamped "JonesCarter property corner") at the northwest corner
  of said 109.232 acre tract also being in the southerly right-of-way
  line of said FM 1462;
         THENCE, North 87°01'47" East, along the northerly line of said
  109.232 and 2856.555 acre tracts, common with the southerly
  right-of-way line of said FM 1462, a distance of 1590.81 feet to the
  POINT OF BEGINNING, CONTAINING 745.8 acres of land in Brazoria
  County, Texas.
         SECTION 3.  (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 4.  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, 2017.
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2332 was passed by the House on April
  28, 2017, by the following vote:  Yeas 118, Nays 16, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2332 was passed by the Senate on May
  11, 2017, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor