HB5685 - Relating to the creation of the Waller County Improvement District No. 3; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

  89R21475 JTZ-F     By: Kitzman H.B. No. 5685       A BILL TO BE ENTITLED     relating to the creation of the Waller County Improvement District   No. 3; 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 4204 to read as follows:   CHAPTER 4204. WALLER COUNTY IMPROVEMENT DISTRICT NO.   3   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 4204.0101.  DEFINITIONS.  In this chapter:                 (1)  "Board" means the district's board of directors.                 (2)  "County" means Waller County.                 (3)  "Director" means a board member.                 (4)     "District" means the Waller County Improvement   District No.   3.           Sec.   4204.0102.     NATURE OF DISTRICT. The Waller County   Improvement District No.   3 is a special district created under   Section 59, Article XVI, Texas Constitution.           Sec.   4204.0103.     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 county   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 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 county services provided in the   district.           Sec.   4204.0104.     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.   4204.0105.     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.   4204.0106.     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.   4204.0107.     APPLICABILITY OF MUNICIPAL MANAGEMENT   DISTRICTS LAW. Except as otherwise provided by this chapter,   Chapter 375, Local Government Code, applies to the district.           Sec.   4204.0108.     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.   4204.0201.     GOVERNING BODY; TERMS.   (a)   The district is   governed by a board of five voting directors elected or appointed as   provided by this chapter and Subchapter D, Chapter 49, Water Code.           (b)     Except as provided by Section 4204.0203, voting   directors serve staggered four-year terms.           Sec.   4204.0202.     COMPENSATION. (a) A director is entitled   to receive fees of office and reimbursement for actual expenses as   provided by Section 49.060, Water Code.           (b)     Sections 375.069 and 375.070, Local Government Code, do   not apply to the board.           Sec.   4204.0203.     TEMPORARY VOTING 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 tax   appraisal roll for the county may submit a petition to the Texas   Commission on Environmental Quality requesting that the commission   appoint as temporary voting directors the five persons named in the   petition.   The commission shall appoint as temporary voting   directors the five persons named in the petition.           (b)     The temporary or successor temporary voting directors   shall hold an election to elect five permanent voting directors as   provided by Section 4204.0201.           (c)  Temporary voting directors serve until the earlier of:                 (1)     the date permanent voting directors are elected   under Subsection (b); or                 (2)     the fourth anniversary of the effective date of   the Act enacting this chapter.           (d)     If permanent voting directors have not been elected   under Subsection (b) and the terms of the temporary voting   directors have expired, successor temporary voting directors shall   be appointed or reappointed as provided by Subsection (e) to serve   terms that expire on the earlier of:                 (1)     the date permanent voting 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 tax appraisal roll for the   county may submit a petition to the Texas Commission on   Environmental Quality requesting that the commission appoint as   successor temporary voting directors the five persons named in the   petition.   The commission shall appoint as successor temporary   voting directors the five persons named in the petition.           Sec.   4204.0204.     NONVOTING DIRECTORS. The board may appoint   nonvoting directors to serve at the pleasure of the voting   directors.           Sec.   4204.0205.     QUORUM. For purposes of determining the   requirements for a quorum of the board, the following are not   counted:                 (1)     a board position vacant for any reason, including   death, resignation, or disqualification;                 (2)     a director who is abstaining from participation in   a vote because of a conflict of interest; or                 (3)  a nonvoting director.   SUBCHAPTER C. POWERS AND DUTIES           Sec.   4204.0301.     GENERAL POWERS AND DUTIES. The district   has the powers and duties necessary to accomplish the purposes for   which the district is created.           Sec.   4204.0302.     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.   4204.0303.     LAW ENFORCEMENT SERVICES. To protect the   public interest, the district may contract with a qualified party,   including the county, to provide law enforcement services in the   district for a fee.           Sec.   4204.0304.     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.      & [Text truncated for display. Full text available on Congress.gov.]