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BILL ANALYSIS

 

 

Senate Research Center

H.B. 4661

86R13272 JCG-F

By: Bailes (Nichols)

 

Intergovernmental Relations

 

5/16/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 4661 amends the Special District Local Laws Code to create Plum Creek Management District No. 1 (district) in Liberty County containing approximately 2,774 acres of land not within the extraterritorial jurisdiction or corporate limits of any city, and located generally east of FM Road 2100 and north and east of the proposed Grand Parkway extension. Subject to voter approval at a confirmation election, H.B. 4661 provides for certain improvements, projects, and services for public use and benefit. H.B. 4661 provides for, among other provisions, management district powers, contract powers, and district eligibility for inclusion in special zones under the Tax Code. The bill also provides for the annexation or exclusion of district land, division of the district, and dissolution of the district. The district's powers and duties include, subject to certain requirements, the authorization to impose assessments and the power to issue obligations secured by ad valorem taxes, assessments, or any other district source of revenue. Voter approval at an election is required for the district to impose an ad valorem tax or operation and maintenance tax. H.B. 4661 provides that the district will have no eminent domain authority

 

H.B. 4661 amends current law relating to the creation of Plum Creek Management District No. 1 of Liberty County; provides authority to issue bonds; and provides authority to impose assessments, fees, or taxes.

 

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 3982, as follows:

 

CHAPTER 3982. PLUM CREEK MANAGEMENT DISTRICT NO. 1

OF LIBERTY COUNTY

 

Sets forth standard language for the creation of the Plum Creek Management District No. 1 of Liberty County (district) in Liberty County. Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 3982.0101�3982.0109);

 

Size, composition, election or appointment, compensation and terms of the board of directors of the district, including the naming of and provisions related to temporary directors (Sections 3982.0201�3982.0204);

 

Powers and duties of the district (Sections 3982.0301�3982.0317);

 

General financial provisions and authority to impose an assessment (Sections 3982.0401�3982.0406); and

 

Authority to impose a tax and to issue bonds and obligations for the district (Sections 3982.0501�3982.0607); and

 

Defined areas (Sections 3982.0701�3982.0706).

 

Prohibits the district from exercising the power of eminent domain.

 

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

 

SECTION 3. Provides that 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. Effective date: upon passage or September 1, 2019.