HB5677 - Relating to the creation of the Pura Vida Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

      H.B. No. 5677           relating to the creation of the Pura Vida Municipal Management   District No. 1; providing authority to issue bonds; providing   authority to impose assessments, fees, and taxes; granting a   limited power of eminent domain.          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 4013 to read as follows:   CHAPTER 4013. PURA VIDA MUNICIPAL MANAGEMENT DISTRICT NO.   1   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 4013.0101.  DEFINITIONS.  In this chapter:                 (1)  "Board" means the district's board of directors.                 (2)  "City" means the City of Mustang Ridge.                 (3)  "Director" means a board member.                 (4)     "District" means the Pura Vida Municipal   Management District No.   1.           Sec.   4013.0102.     NATURE OF DISTRICT. The Pura Vida   Municipal Management District No.   1 is a special district created   under Section 59, Article XVI, Texas Constitution.           Sec.   4013.0103.     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.           (b)     By creating the district and in authorizing the city and   other political subdivisions to contract with the district, the   legislature has established a program to accomplish the public   purposes set out in Section 52-a, Article III, Texas Constitution.           (c)     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.           (d)     This chapter and the creation of the district may not be   interpreted to relieve the city 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 city services provided in the   district.           Sec.   4013.0104.     FINDINGS OF BENEFIT AND PUBLIC PURPOSE.   (a) 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.           (b)     The district is created to serve a public use and   benefit.           (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;                 (3)     promote the health, safety, welfare, and enjoyment   of the public by providing pedestrian ways and by landscaping and   developing certain areas in the district, which are necessary for   the restoration, preservation, and enhancement of scenic beauty;   and                 (4)     provide for water, wastewater, drainage, road, and   recreational facilities for the district.           (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.   4013.0105.     INITIAL 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 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 for the purposes   for which the district is created or to pay the principal of and   interest on the bonds;                 (3)  right to impose or collect an assessment or tax; or                 (4)  legality or operation.           Sec.   4013.0106.     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; or                 (2)     a tax abatement reinvestment zone created under   Chapter 312, Tax Code.           Sec.   4013.0107.     APPLICABILITY OF MUNICIPAL MANAGEMENT   DISTRICTS LAW. Except as otherwise provided by this chapter,   Chapter 375, Local Government Code, applies to the district.           Sec.   4013.0108.     CONSTRUCTION OF CHAPTER. This chapter   shall be liberally construed in conformity with the findings and   purposes stated in this chapter.   SUBCHAPTER B. BOARD OF DIRECTORS           Sec.   4013.0201.     GOVERNING BODY; TERMS. (a) The district is   governed by a board of five elected directors who serve staggered   terms of four years.           (b)     Directors are elected in the manner provided by   Subchapter D, Chapter 49, Water Code.           Sec.   4013.0202.     COMPENSATION; EXPENSES. (a) The district   may compensate each director in an amount not to exceed $150 for   each board meeting. The total amount of compensation for each   director in one year may not exceed $7,200.           (b)     A director is entitled to reimbursement for necessary   and reasonable expenses incurred in carrying out the duties and   responsibilities of the board.           (c)     Sections 375.069 and 375.070, Local Government Code, do   not apply to the board.           Sec.   4013.0203.     TEMPORARY DIRECTORS. (a) On or after the   effective date of the Act enacting 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 county tax   appraisal roll may submit a petition to the Texas Commission on   Environmental Quality 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)     The temporary or successor temporary directors shall   hold an election to elect five permanent directors as provided by   Section 4013.0201.           (c)  Temporary directors serve until the earlier of:                 (1)     the date permanent directors are elected under   Subsection (b); or                 (2)     the fourth anniversary of the effective date of   the Act enacting this chapter.           (d)     If permanent directors have not been elected under   Subsection (b) and the terms of the temporary directors have   expired, successor temporary directors shall be appointed or   reappointed as provided by Subsection (e) to serve terms that   expire on the earlier of:                 (1)     the date permanent directors are elected under   Subsection (b); or                 (2)     the fourth anniversary of the date of the   appointment or reappointment.           (e)     If Subsection (d) 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 county tax appraisal roll   may submit a petition to the Texas Commission on Environmental   Quality 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.   SUBCHAPTER C. POWERS AND DUTIES           Sec.   4013.0301.     GENERAL POWERS AND DUTIES. The district   has the powers and duties necessary to accomplish the purposes for   which the district is created.           Sec.   4013.0302.     IMPROVEMENT PROJECTS AND SERVICES. (a) The   district, using any money available to the district for the   purpose, may provide, design, construct, acquire, improve,   relocate, operate, maintain, or finance an improvement project or   service authorized under this chapter or Chapter 375, Local   Government Code.           (b)     The district may contract with a governmental or private   entity to carry out an action under Subsection (a).             (c)     The implementation of a district project or service is a   governmental function or service for the purposes of Chapter 791,   Government Code.           Sec.   4013.0303.     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.   4013.0304.     LAW ENFORCEMENT SERVICES. To protect the   public [Text truncated for display. Full text available on Congress.gov.]