HB5686 - Relating to the creation of the Montgomery County Management District No. 3; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

      H.B. No. 5686           relating to the creation of the Montgomery County Management   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 4017 to read as follows:   CHAPTER   4017.   MONTGOMERY COUNTY MANAGEMENT DISTRICT NO.   3   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 4017.0101.  DEFINITIONS.  In this chapter:                 (1)  "Board" means the district's board of directors.                 (2)     "Commission" means the Texas Commission on   Environmental Quality.                 (3)  "County" means Montgomery County.                 (4)  "Director" means a board member.                 (5)     "District" means the Montgomery County Management   District No.   3.           Sec.   4017.0102.     NATURE OF DISTRICT. The Montgomery County   Management District No.   3 is a special district created under   Section 59, Article XVI, Texas Constitution.           Sec.   4017.0103.     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,   the City of Conroe, the City of Willis, 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, the City of Conroe, or the City   of Willis 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 or city services provided in the district.           Sec.   4017.0104.     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.   4017.0105.     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.   4017.0106.     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.   4017.0107.     APPLICABILITY OF MUNICIPAL MANAGEMENT   DISTRICTS LAW. Except as otherwise provided by this chapter,   Chapter 375, Local Government Code, applies to the district.           Sec.   4017.0108.     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.   4017.0201.     GOVERNING BODY; TERMS. The district is   governed by a board of five directors who serve staggered terms of   four years, with two or three directors' terms expiring June 1 of   each odd-numbered year.           Sec.   4017.0202.     APPOINTMENT OF DIRECTORS.   The commission   shall appoint directors from persons recommended by the board.           Sec.   4017.0203.     INITIAL DIRECTORS. (a) The initial board   consists of the following directors:   Pos. No. Name of Director   1 Michele Burke   2 Andrew Williams   3 Benjamin Mellado   4 Mehmet Okumus   5 Joey Sergio Soto           (b)     Of the initial directors, the terms of directors   appointed for positions one through three expire June 1, 2027, and   the terms of directors appointed for positions four and five expire   June 1, 2029.   SUBCHAPTER C. POWERS AND DUTIES           Sec.   4017.0301.     GENERAL POWERS AND DUTIES. The district   has the powers and duties necessary to accomplish the purposes for   which the district is created.           Sec.   4017.0302.     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.   4017.0303.     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.   4017.0304.     LAW ENFORCEMENT SERVICES. To protect the   public interest, the district may contract with a qualified party,   including the county, the City of Conroe, or the City of Willis, to   provide law enforcement services in the district for a fee.           Sec.   4017.0305.     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.   4017.0306.     ECONOMIC DEVELOPMENT PROGRAMS. (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 provided to   municipalities by:                 (1)  Chapter 380, Local Government Code; and                 (2)  Subchapter A, Chapter 1509, Government Code.           Sec.   4017.0307.     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 dis [Text truncated for display. Full text available on Congress.gov.]