SB2911 - Relating to the creation of the Northeast Houston Redevelopment District; providing authority to issue bonds; providing authority to impose assessments or fees.

      By: Miles S.B. No. 2911               A BILL TO BE ENTITLED   AN ACT   relating to the creation of the Northeast Houston Redevelopment   District; providing authority to issue bonds; providing authority   to impose assessments or fees.          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 3961 to read as follows:   CHAPTER 3961. NORTHEAST HOUSTON REDEVELOPMENT DISTRICT   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 3961.0101.  DEFINITIONS. In this chapter:                 (1)  "Board" means the district's board of directors.                 (2)  "City" means the City of Houston.                 (3)  "County" means Harris County.                 (4)  "Director" means a board member.                 (5)     "District" means the Northeast Houston   Redevelopment District.           Sec.   3961.0102.     CREATION AND NATURE OF DISTRICT. The   district is a special district created under Section 59, Article   XVI, Texas Constitution.           Sec.   3961.0103.     PURPOSE; LEGISLATIVE FINDINGS. (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. By creating the district and in authorizing 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.           (b)     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.           (c)     The district is created to supplement and not to   supplant county services provided in the district.           Sec.   3961.0104.     FINDINGS OF BENEFIT AND PUBLIC PURPOSE.   (a)     The district is created to serve a public use and benefit.           (b)     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.           (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;                 (3)     developing or expanding transportation and   commerce; and                 (4)  providing quality residential housing.           (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 residential community and business   center; and                 (3)     promote the health, safety, welfare, and enjoyment   of the public by providing pedestrian ways and by landscaping,   removing graffiti from, and developing certain areas in the   district, which are necessary for the restoration, preservation,   and enhancement of scenic beauty.           (e)     Pedestrian ways along or across a street, whether at   grade or above or below the surface, and street lighting, street   landscaping, vehicle parking, and street art objects are parts of   and necessary components of a street and are considered to be an   improvement project that includes 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.   3961.0105.     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 bond for the purposes   for which the district is created or to pay the principal of and   interest on a bond;                 (3)  right to impose or collect an assessment; or                 (4)  legality or operation.           Sec.   3961.0106.     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;                 (2)     a tax abatement reinvestment zone created under   Chapter 312, Tax Code; or                 (3)     an enterprise zone created under Chapter 2303,   Government Code.           Sec.   3961.0107.     APPLICABILITY OF MUNICIPAL MANAGEMENT   DISTRICTS LAW. Except as otherwise provided by this chapter,   Chapter 375, Local Government Code, applies to the district.           Sec.   3961.0108.     CONSTRUCTION OF CHAPTER. This chapter   shall be liberally construed in conformity with the findings and   purposes stated in this chapter.           Sec.   3961.0109.     CONFIRMATION ELECTION. (a)     Before   issuing any bonds or other obligations, imposing any assessments,   or recommending persons for appointment as succeeding directors,   the initial directors shall hold an election in the boundaries of   the district on a uniform election date provided by Section 41.001,   Election Code, to determine if the district shall be created.           (b)     Notice of a confirmation election shall state the day   and place or places for holding the election and the propositions to   be voted on.           (c)     The ballots for a confirmation election shall be printed   to provide for voting "For District" and "Against District."           (d)     Immediately after the confirmation election, the   presiding judge shall take returns of the results to the initial   board. The initial board shall canvass the returns and issue an   order declaring the results at the earliest practicable time. The   order must include a description of the district's boundaries.           (e)     If a majority of the votes cast in the election favor the   creation of the district, the initial board shall issue an order   declaring that the district is created and enter the result in its   minutes. If a majority of the votes cast in the election are   against the creation of the district, the initial board shall issue   an order declaring that the district was defeated and enter the   result in its minutes.           (f)     A copy of each order issued under this section must be   filed:                 (1)     in the deed records of the county or counties in   which the district is located; and                 (2)     with the Texas Commission on Environmental   Quality.   SUBCHAPTER B. BOARD OF DIRECTORS           Sec.   3961.0201.     GOVERNING BODY; TERMS. (a)     The district   is governed by a board of 13 voting directors who must be qualified   under and appointed by the governing body of the city as provided by   Subchapter D, Chapter 375, Local Government Code.           (b)     The directors serve staggered terms of four years with   six or seven directors' terms expiring June 1 of each odd-numbered   year.           Sec.   3961.0202.     DIRECTOR'S OATH OR AFFIRMATION. (a)     A   director shall file the director's oath or affirmation of office   with the district, and the district shall retain the oath or   affirmation in the district records.           (b)     A director shall file a copy of the director's oath or   affirmation with the clerk of the county.           Sec.   3961.0203.     QUORUM. A vacant director position is not   counted for purposes of establishing a quorum.           Sec.   3961.0204.     OFFICERS. The board shall elect from among   the directors a chair, a vice chair, and a secretary. The offices   of chair and secretary may not be held by the same person.           Sec.   3961.0205.     COMPENSATION; EXPENSES. (a)     The district   may compensate each director in an amount not to exceed $50 for each   board meeting. The total amount of compensation a director may   receive each year may not exceed $2,000.           (b)     A director is entitled to reimbursement for necessary   and reasonable expenses incurred in carrying out the duties and   responsibilities of the board.           Sec.   3961.0206.     LIABILITY INSURANCE. The district may   obtain and pay for comprehensive general liability insurance   coverage from a commercial insurance company or other source that   protects and insures a director against personal liability and from   all claims relating to:                 (1)     actions taken by the director in the director's   capacity as a member of the board;                 (2)  actions and activities taken by the district; or                 (3)     the actions of others acting on behalf of the   district.           Sec.   3961.0207.     NO EXECUTIVE COMMITTEE. The board may not   create an executive committee to exercise the powers of the board.           Sec.   3961.0208.     BOARD MEETINGS. The board shall hold   meetings at a place accessible to the public.           Sec.   3961.0209.     INITIAL DIRECTORS. (a)     The initial board   consists of the following directors:      Pos. No.      Name of Director        1             Zano Bailey        2             Ken Campbell        3             Gregory Collins        4             Derrick Davis        5     &#xA [Text truncated for display. Full text available on LegiScan.]