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H.B. No. 3550
AN ACT
relating to the powers and duties of the Aldine Improvement
District; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 3817, Special District
Local Laws Code, is amended to read as follows:
CHAPTER 3817. ALDINE [COMMUNITY] IMPROVEMENT DISTRICT
SECTION 2. Section 3817.001(2), Special District Local Laws
Code, is amended to read as follows:
(2) "District" means the Aldine [Community]
Improvement District.
SECTION 3. Section 3817.002, Special District Local Laws
Code, is amended to read as follows:
Sec. 3817.002. ALDINE [COMMUNITY] IMPROVEMENT DISTRICT.
The Aldine [Community] Improvement District is a special district
created under Section 59, Article XVI, Texas Constitution.
SECTION 4. Section 3817.052, Special District Local Laws
Code, is amended to read as follows:
Sec. 3817.052. APPOINTMENT AND REMOVAL OF DIRECTORS.
Sections 375.064 and 375.065, Local Government Code, govern the
appointment and removal of directors, except that the commissioners
court of Harris County shall appoint the directors of the board. The
commissioners court shall appoint:
(1) two directors to be chosen by the commissioners
court with terms beginning on June 1, 2005, or the effective date of
this Act; and
(2) the remaining directors from a list of persons
nominated by the board, subject to review, and the commissioners
court shall approve or disapprove the directors recommended by the
board. [for purposes of this chapter references in those sections
to the governing body of the municipality mean the commissioners
court of Harris County.]
SECTION 5. Subchapter D, Chapter 3817, Special District
Local Laws Code, is amended by adding Section 3817.1545 to read as
follows:
Sec. 3817.1545. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) The petition must be signed by:
(1) the owners of 50 percent or more of the assessed
value of real property in the district subject to assessment
according to the most recent certified tax appraisal roll for
Harris County; or
(2) the owners of 50 percent or more of the surface
area of real property in the district subject to assessment.
(c) Section 375.114, Local Government Code, does not apply
to the district.
SECTION 6. Subchapter D, Chapter 3817, Special District
Local Laws Code, is amended by adding Sections 3817.159 and
3817.160 to read as follows:
Sec. 3817.159. POWERS OF MUNICIPAL UTILITY DISTRICT;
DEFINED AREA; TAXES; BONDS. The district may not exercise the
powers of eminent domain but shall have all the powers of a
municipal utility district under Subchapter J, Chapter 54, Water
Code, including:
(1) the implementation of a plan adopted under that
subchapter;
(2) the issuance of bonds; and
(3) the imposition of a tax in the defined area
established under that subchapter.
Sec. 3817.160. TAX INCREMENT ZONE POWERS. Upon the consent
of the governing body of the City of Houston, the district may be
included and participate in a reinvestment zone under Chapter 311,
Tax Code.
SECTION 7. Section 3817.105(a), Special District Local Laws
Code, is amended to read as follows:
(a) Except as provided by Subsection (b), by either official
action of the governing body of the city with respect to Subdivision
(1) or through the issuance of a permit with respect to Subdivisions
(2) and (3), the district must obtain the approval of the City of
Houston [Houston's governing body]:
(1) for the issuance of a bond for each improvement
project;
(2) of the plans and specifications of the improvement
project financed by the bond; and
(3) of the plans and specifications of any district
improvement project related to the use of land owned by Harris
County, an easement granted by Harris County, or a right-of-way of a
street, road, or highway.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3550 was passed by the House on May
13, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3550 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor