BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 1835

86R24341 SMT-D

By: Alvarado

 

Intergovernmental Relations

 

4/17/2019

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Channelview area is an unincorporated area of Harris County. The area is primarily an industrial area and is located in Harris County Commissioner Precinct 2. The targeted area is bounded by the Sam Houston Parkway on the west, Wallisvile Road to the north, I-10 East Freeway to the south, and San Jacinto River to the east. Residents contend that the local infrastructure is need of rehabilitation. The area's infrastructure is old, which has resulted in residents having poor lighting and street flooding, which puts at risk the property and well being of its residents.

 

C.S.S.B. 1835 seeks to address these issues by creating the Channelview Improvement District (district). The district would have authority to establish economic development programs. The district would have authority to issue bonds, impose fees, and have authority to impose a sales and use tax. The district would not have authority to exercise the power of eminent domain.

 

As substituted, the bill provides a third option for dissolving the district, clarifies that the taxing provisions of this bill will not inadvertently affect those of other districts that may overlap with the district, requires a petition of a majority of real property owners before the district can be established, and updates requirements for the district's board so that all five board members must be elected and must be residents.

 

Composition:

 

         C.S.S.B. 1835 calls for an election to confirm the creation of the district and to elect five permanent directors.

 

         After the first election, vacancies are to be filled as follows:

 

o   Positions one, two and three are appointed by the commissioners court for terms that range from two to three years; and

 

o   Positions four and five are to be filled via an election held during odd-numbered years in November to serve two-year terms.

 

C.S.S.B. 1835 amends current law relating to the creation of the Channelview Improvement District; provides authority to issue bonds; and provides authority to impose fees and 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 3943, as follows:

 

CHAPTER 3943. CHANNELVIEW IMPROVEMENT DISTRICT

 

Sets forth standard language for the creation of the Channelview Improvement District (district) in Harris County. Sets forth standards, procedures, requirements, and criteria for:

 

Creation, approval, purpose, territory of the district, director's election required, and applicability of a certain law (Sections 3943.0101�3943.0107);

 

Size, composition, election, temporary directors, and terms of the board of directors (Sections 3943.0201�3943.0204);

 

Powers and duties of the district, including the power to adopt rules (Sections 3943.0301�3943.0309);

 

Improvement projects and services by the district necessary to accomplish a public purpose (Sections 3943.0401�3943.0407);

 

General financial provisions (Sections 3943.0501�3943.0505);

 

Authority to impose a sales and use tax for the district (Sections 3943.0601� 3943.0608); and

 

Dissolution of the district (Sections 3943.0901�3943.0905).

 

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 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 4. Effective date: upon passage or September 1, 2019.