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AN ACT
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relating to the powers and duties of Harris County Improvement |
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District No. 5; providing authority to impose a tax and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 3834, Special District |
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Local Laws Code, is amended by adding Sections 3834.110, 3834.111, |
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and 3834.112 to read as follows: |
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Sec. 3834.110. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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Sec. 3834.111. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may establish and provide for the administration of one or |
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more programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(b) The district has all of the powers of a municipality |
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under Chapter 380, Local Government Code. |
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Sec. 3834.112. TAX INCREMENT REINVESTMENT ZONES. (a) The |
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district is authorized to establish and implement tax increment |
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reinvestment zones as provided in Chapter 311, Tax Code, in the same |
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manner as a municipality. |
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(b) All or any part of the district may be included in a tax |
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increment reinvestment zone, regardless of the percentage of total |
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value the land represents to the district as a whole, or whether the |
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land is used for residential purposes. |
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(c) Section 311.006, Tax Code, does not apply to a |
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reinvestment zone that contains land within the district. |
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SECTION 2. Section 3834.156(b), Special District Local Laws |
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Code, is amended to read as follows: |
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(b) The district may borrow money according to terms and |
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conditions determined by the board. Section 375.205, Local |
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Government Code, does not apply to a loan, line of credit, or other |
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borrowing from a bank or financial institution secured by revenue |
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other than ad valorem taxes. [In exercising the district's power
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to borrow, the district may issue a bond or other obligation in the
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form of a bond, note, certificate of participation or other
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instrument evidencing a proportionate interest in payments to be
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made by the district, or other type of obligation.] |
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SECTION 3. Section 3834.159, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3834.159. COMPETITIVE BIDDING. Section 375.221, Local |
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Government Code, applies to the district only for a contract that |
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has a value greater than $50,000 [$25,000]. |
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SECTION 4. Chapter 3834, Special District Local Laws Code, |
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is amended by adding Subchapter F to read as follows: |
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SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED |
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PROPERTY |
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Sec. 3834.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 3834.252. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
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valorem taxes of the area defined or property designated under |
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Section 3834.251, the board must call and hold an election as |
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provided by Section 3834.157 only in the defined area or in the |
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boundaries of the designated property. |
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(b) The board may submit the proposition to the voters on |
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the same ballot to be used in another election. |
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Sec. 3834.253. DECLARING RESULT AND ISSUING ORDER. (a) If |
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a majority of the voters voting at the election approve the |
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proposition or propositions, the board shall declare the results |
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and by order shall establish the defined area and describe it by |
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metes and bounds or designate the specific property. |
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(b) A court may not review the board's order except on the |
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ground of fraud, palpable error, or arbitrary and confiscatory |
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abuse of discretion. |
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Sec. 3834.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described in Section 3834.253, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 3834.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES |
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FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under |
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Section 3834.253 is adopted, the district may issue bonds to |
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provide for any land, improvements, facilities, plants, equipment, |
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and appliances for the defined area or designated property. |
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SECTION 5. (a) The legislature validates and confirms all |
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acts and proceedings of the Board of Directors of Harris County |
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Improvement District No. 5 that were taken before the effective |
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date of this Act. |
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(b) Subsection (a) of this section does not apply to any |
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matter that on the effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court; or |
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(2) has been held invalid by a final judgment of a |
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court. |
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SECTION 6. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with. |
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(e) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4771 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4771 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |