| |
| |
| |
|
|
AN ACT
|
|
|
relating to the powers and duties of the Lake View Management and |
|
|
Development District; providing authority to impose a tax and issue |
|
|
bonds; granting certain powers relating to navigation |
|
|
improvements; and granting powers of a road district. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 3828.053, Special District Local Laws |
|
|
Code, is amended to read as follows: |
|
|
Sec. 3828.053. VACANCY. (a) The remaining directors shall |
|
|
fill a vacancy on the board by appointing a person who meets the |
|
|
qualifications prescribed by Section 3828.052. |
|
|
(b) If there are fewer than three directors, on petition by |
|
|
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 Henderson County, the Commissioners Court of |
|
|
Henderson County shall appoint the necessary number of directors to |
|
|
fill all board vacancies. |
|
|
SECTION 2. Subchapter B, Chapter 3828, Special District |
|
|
Local Laws Code, is amended by adding Section 3828.0535 to read as |
|
|
follows: |
|
|
Sec. 3828.0535. VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the total membership of the board is sufficient for |
|
|
transacting any business of the district. |
|
|
SECTION 3. Section 3828.055, Special District Local Laws |
|
|
Code, is amended to read as follows: |
|
|
Sec. 3828.055. OFFICERS. The board shall elect from among |
|
|
the directors a presiding officer, a vice presiding officer, [and] |
|
|
a secretary, and any other officers the board considers necessary. |
|
|
SECTION 4. Section 3828.101, Special District Local Laws |
|
|
Code, is amended to read as follows: |
|
|
Sec. 3828.101. GENERAL POWERS AND DUTIES. The district has |
|
|
the powers and duties provided by: |
|
|
(1) the general laws relating to conservation and |
|
|
reclamation districts created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 54, Water Code, except that |
|
|
the district's bonds and other securities are not subject to the |
|
|
jurisdiction or supervision of the commission under Chapter 49, |
|
|
Water Code, or other law; |
|
|
(2) the general laws relating to road districts and |
|
|
road utility districts created under Section 52(b), Article III, |
|
|
Texas Constitution, including Chapters 257 and [Chapter] 441, |
|
|
Transportation Code; |
|
|
(3) Chapter 372, Local Government Code, in the same |
|
|
manner as a municipality or a county; |
|
|
(4) Chapter 375, Local Government Code; and |
|
|
(5) Chapter 505, Local Government Code. |
|
|
SECTION 5. Section 3828.102, Special District Local Laws |
|
|
Code, is amended to read as follows: |
|
|
Sec. 3828.102. IMPROVEMENT PROJECTS. The district may |
|
|
provide, or it may enter into contracts with a governmental or |
|
|
private entity to provide, the following types of improvement |
|
|
projects or activities in support of or incidental to those |
|
|
projects: |
|
|
(1) a retail or wholesale water treatment, supply, and |
|
|
distribution facility or system to provide potable and nonpotable |
|
|
water to the residents and businesses of the district, including a |
|
|
wastewater and sewerage collection and treatment facility or |
|
|
system, provided that treated effluent water resulting from a |
|
|
sewerage treatment facility operated by or in the district may be |
|
|
used by the district for irrigation in the district; |
|
|
(2) septic tank maintenance services inside or outside |
|
|
the district and solid waste disposal services if the board |
|
|
determines the action to be necessary and appropriate to protect |
|
|
the district; |
|
|
(3) a macadamized, graveled, or paved road, street, or |
|
|
turnpike, inside and outside the district to the extent authorized |
|
|
by Section 52, Article III, Texas Constitution; |
|
|
(4) the planning, design, construction, improvement, |
|
|
and maintenance of: |
|
|
(A) landscaping; |
|
|
(B) highway right-of-way or transit corridor |
|
|
beautification and improvement; |
|
|
(C) lighting, banners, and signs; |
|
|
(D) a street or sidewalk; |
|
|
(E) a hiking and cycling path or trail; |
|
|
(F) a pedestrian walkway, skywalk, crosswalk, or |
|
|
tunnel; |
|
|
(G) a park, lake, garden, recreational facility, |
|
|
sports facility, open space, scenic area, or related exhibit or |
|
|
preserve; |
|
|
(H) a fountain, plaza, or pedestrian mall; or |
|
|
(I) a drainage or storm-water detention |
|
|
improvement; |
|
|
(5) protection and improvement of the quality of storm |
|
|
water that flows through the district; |
|
|
(6) the planning, design, construction, improvement, |
|
|
maintenance, and operation of: |
|
|
(A) a solid waste, water, sewer, or power |
|
|
facility or service, including an electrical, gas, steam, or |
|
|
chilled water facility; or |
|
|
(B) an off-street parking facility or heliport; |
|
|
(7) the planning and acquisition of: |
|
|
(A) public art and sculpture and related exhibits |
|
|
and facilities; or |
|
|
(B) an educational and cultural exhibit or |
|
|
facility; |
|
|
(8) the planning, design, construction, acquisition, |
|
|
lease, rental, improvement, maintenance, installation, and |
|
|
management of and provision of furnishings for a facility for: |
|
|
(A) a conference, convention, or exhibition; |
|
|
(B) a manufacturer, consumer, or trade show; |
|
|
(C) a civic, community, or institutional event; |
|
|
or |
|
|
(D) an exhibit, display, attraction, special |
|
|
event, or seasonal or cultural celebration or holiday; |
|
|
(9) the removal, razing, demolition, or clearing of |
|
|
land or improvements in connection with an improvement project; |
|
|
(10) the acquisition and improvement of land or other |
|
|
property for the mitigation of the environmental effects of an |
|
|
improvement project; |
|
|
(11) the acquisition of property or an interest in |
|
|
property in connection with an authorized improvement project; |
|
|
(12) a special or supplemental service for the |
|
|
improvement and promotion of the district or an area adjacent to the |
|
|
district or for the protection of public health and safety in or |
|
|
adjacent to the district, including: |
|
|
(A) advertising; |
|
|
(B) promotion; |
|
|
(C) tourism; |
|
|
(D) health and sanitation; |
|
|
(E) public safety; |
|
|
(F) security; |
|
|
(G) fire protection or emergency medical |
|
|
services; |
|
|
(H) business recruitment; |
|
|
(I) development; |
|
|
(J) elimination of traffic congestion; and |
|
|
(K) recreational, educational, or cultural |
|
|
improvements, enhancements, and services; [or] |
|
|
(13) a canal, waterway, bulkhead, or dock, inside or |
|
|
outside the district's boundaries, that is necessary to, incidental |
|
|
to, or in aid of the navigation of inland water; |
|
|
(14) a floodplain or wetlands regulation project, |
|
|
including the acquisition of necessary local, state, or federal |
|
|
permits; or |
|
|
(15) any similar public improvement, facility, or |
|
|
service. |
|
|
SECTION 6. Section 3828.151, Special District Local Laws |
|
|
Code, is amended to read as follows: |
|
|
Sec. 3828.151. GENERAL POWERS REGARDING FINANCIAL MATTERS. |
|
|
The district may: |
|
|
(1) impose an ad valorem tax [in accordance with
|
|
|
Chapter 375, Local Government Code,] on all taxable property in the |
|
|
district; |
|
|
(2) impose an assessment or impact fee in the manner |
|
|
provided for a municipality or county under Chapter 372, Local |
|
|
Government Code, on all industrial, commercial, and residential |
|
|
property in the district; |
|
|
(3) impose and apply the proceeds from a sales and use |
|
|
tax, and a hotel occupancy tax, as authorized by this chapter; |
|
|
(4) impose a rate, fee, or charge for the use of an |
|
|
improvement project or the consumption of a product resulting from |
|
|
an improvement project; |
|
|
(5) borrow money for a district purpose by issuing or |
|
|
executing bonds, notes, credit agreements, or other obligations of |
|
|
any kind found by the board to be necessary or appropriate for the |
|
|
district purpose; |
|
|
(6) establish, revise, repeal, enforce, collect, and |
|
|
apply the proceeds from a user fee or charge for the enjoyment, |
|
|
sale, rental, or other use of a district facility, service, |
|
|
property, or improvement project; |
|
|
(7) provide or secure the payment or repayment of the |
|
|
costs and expenses of the establishment, administration, and |
|
|
operation of the district and the district's costs or share of the |
|
|
costs of an improvement project or district contractual obligation |
|
|
or indebtedness by or through a lease, installment purchase |
|
|
contract, or other agreement with any person, or the imposition of |
|
|
taxes, user fees, concessions, rentals, or other revenues or |
|
|
resources of the district; |
|
|
(8) establish user charges related to the operation of |
|
|
various public services, including public water supply services, |
|
|
for the collection and treatment of wastewater, and for the |
|
|
operation of storm-water facilities, including the regulation of |
|
|
storm water for the protection of water quality in the district, and |
|
|
for the provision of septic tank maintenance services inside and |
|
|
outside the district; |
|
|
(9) undertake separately or jointly with other persons |
|
|
all or part of the cost of an improvement project, including an |
|
|
improvement project: |
|
|
(A) for improving, enhancing, and supporting |
|
|
public safety and security, fire protection and emergency medical |
|
|
services, and law enforcement in and adjacent to the district; or |
|
|
(B) that confers a general benefit on the entire |
|
|
district or a special benefit on a definable part of the district; |
|
|
and |
|
|
(10) enter into a tax abatement agreement in |
|
|
accordance with the general laws of this state authorizing and |
|
|
applicable to tax abatement agreements by municipalities. |
|
|
SECTION 7. (a) All governmental and proprietary actions of |
|
|
the Lake View Management and Development District taken before the |
|
|
effective date of this Act are validated, ratified, and confirmed |
|
|
in all respects as if the actions had been taken as authorized by |
|
|
law. |
|
|
(b) This section does not apply to any matter that on the |
|
|
effective date of this Act: |
|
|
(1) is involved in litigation if the litigation |
|
|
ultimately results in the matter being held invalid by a final court |
|
|
judgment; or |
|
|
(2) has been held invalid by a final court judgment. |
|
|
SECTION 8. The legislature finds that: |
|
|
(1) proper and legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished by |
|
|
the constitution and laws of this state, including the governor, |
|
|
who has submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality; |
|
|
(2) the Texas Commission on Environmental Quality has |
|
|
filed its recommendations relating to this Act with the governor, |
|
|
lieutenant governor, and speaker of the house of representatives |
|
|
within the required time; and |
|
|
(3) all requirements of the constitution and laws of |
|
|
this state and the rules and procedures of the legislature with |
|
|
respect to the notice, introduction, and passage of this Act have |
|
|
been fulfilled and accomplished. |
|
|
SECTION 9. 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, 2009. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 2503 passed the Senate on |
|
|
April 24, 2009, by the following vote: Yeas 30, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2503 passed the House on |
|
|
May 15, 2009, by the following vote: Yeas 144, Nays 0, one |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |