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A BILL TO BE ENTITLED
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AN ACT
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relating to the Aldine Improvement District; providing authority to |
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impose a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 3817, Special District |
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Local Laws Code, is amended to read as follows: |
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CHAPTER 3817. EAST ALDINE MANAGEMENT [IMPROVEMENT] DISTRICT |
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SECTION 2. Section 3817.001(2), Special District Local Laws |
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Code, is amended to read as follows: |
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(2) "District" means the East Aldine Management |
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[Improvement] District. |
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SECTION 3. Section 3817.002, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3817.002. EAST ALDINE MANAGEMENT [IMPROVEMENT] |
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DISTRICT. The East Aldine Management [Improvement] District is a |
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special district created under Section 59, Article XVI, Texas |
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Constitution. |
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SECTION 4. Section 3817.005(b), Special District Local Laws |
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Code, is amended to read as follows: |
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(b) The boundaries and field notes of the district |
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[contained in Section 1, Chapter 1433, Acts of the 77th
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Legislature, Regular Session, 2001, enacting former Section
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376.454, Local Government Code,] form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not in any way affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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SECTION 5. Section 3817.154, Special District Local Laws |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(e) to read as follows: |
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(a) The district may impose a sales and use tax if |
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authorized by a majority of the voters of the district voting at an |
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election called for that purpose. Revenue from the tax may be used |
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for any purpose for which [ad valorem tax] revenue of the district |
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may be used. |
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(e) The board may establish one or more areas in the |
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district as a special sales and use tax zone if the board finds that |
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a reasonable distinction exists that justifies a special sales and |
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use tax rate in the area. The special sales and use tax rate may be |
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different than the sales and use tax rate imposed in the rest of the |
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district if the special sales and use tax rate is approved by a |
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majority of the voters of the special sales and use tax zone at an |
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election held for that purpose. |
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SECTION 6. The following territory is added to the |
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territory of the East Aldine Management District, formerly known as |
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the Aldine Improvement District: |
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Tract 1-BEGINNING at the northwestern corner of the boundary |
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of the East Aldine Management District at the north right of way of |
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Aldine Bender Road and the east boundary of Greater Greenspoint |
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Management District; |
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THENCE, northerly along the east boundary of Greater |
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Greenspoint Management District to the southern boundary of Greens |
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Parkway Municipal Utility District ("GPMUD"); |
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THENCE, east along the southern boundary of GPMUD to the |
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point at which the GPMUD boundary turns north at the right of way of |
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Greens Road; |
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THENCE, continuing east along the north right of way of |
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Greens Road to the intersection of Greens Road and the City of |
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Houston full-purpose boundary line; |
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THENCE, south along the City of Houston full-purpose boundary |
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line, across Beltway 8 to the point at which the City of Houston |
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full-purpose boundary line intersects the northern boundary of East |
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Aldine Management District at Aldine Bender Road; |
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THENCE, west along the northern boundary line of East Aldine |
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Management District, TO THE POINT OF BEGINNING. |
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Tract 2-BEGINNING at the point at which the northern boundary |
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line of the East Aldine Management District intersects the City of |
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Houston full-purpose boundary line on the east side of the right of |
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way of Aldine Bender Road; |
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THENCE, north along the City of Houston full-purpose boundary |
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line to the point at which the City of Houston full-purpose boundary |
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line turns east; |
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THENCE, generally east along the City of Houston full-purpose |
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boundary line to the point at which the City of Houston full-purpose |
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boundary line reaches the right of way of John F. Kennedy Boulevard, |
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then south along the same City of Houston full-purpose boundary |
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line to the right of way of Aldine Bender Road where it meets the |
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north boundary line of East Aldine Management District; |
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THENCE, west along the north boundary line of East Aldine |
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Management District, to the POINT OF BEGINNING. |
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Tract 3-BEGINNING at the point at which the western boundary |
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line of the East Aldine Management District intersects the north |
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easement of Harris County Flood Control District (HCFCD) drainage |
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ditch (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou); |
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THENCE, westerly along the north easement of HCFCD drainage |
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ditch (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou) to east |
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boundary of City of Houston full-purpose boundary line; |
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THENCE, south along east boundary of City of Houston |
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full-purpose boundary line, across HCFCD easement of drainage ditch |
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(#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou) to north |
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boundary of Colonial Hills Subdivision |
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THENCE, west along the north boundary of Colonial Hills |
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Subdivision to northwest corner of said subdivision; |
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THENCE, southerly along the west boundary of Colonial Hills |
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Subdivision to southwest corner of said subdivision; |
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THENCE east along the south boundary of Colonial Hills |
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Subdivision to southeast corner of said subdivision; |
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THENCE, north along the east boundary of Colonial Hills |
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Subdivision to northeast corner of said subdivision and south |
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easement of HCFCD drainage ditch (#9 DD-7, P138-00-00 tributary |
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24.97 to Greens Bayou); |
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THENCE easterly along the south easement of HCFCD drainage |
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ditch (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou) to west |
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boundary of existing East Aldine Management District; |
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THENCE, north along west boundary of existing East Aldine |
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Management District, across easement of HCFCD drainage ditch (#9 |
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DD-7, P138-00-00 tributary 24.97 to Greens Bayou), to the POINT OF |
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BEGINNING. |
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SECTION 7. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the Aldine Improvement |
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District, now known as the East Aldine Management District, that |
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were taken before the effective date of this Act. An act or |
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proceeding may not be held invalid because the act or proceeding was |
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not in accordance with Chapter 3817, Special District Local Laws |
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Code, or other law. |
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(b) This section does not apply to any matter that on the |
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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 court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 8. A reference in law to the Aldine Improvement |
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District means the East Aldine Management District. |
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SECTION 9. (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 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |