82R9564 NAJ-F
 
  By: Thompson H.B. No. 1819
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Aldine Improvement District; providing authority to
  impose a tax.
         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. EAST ALDINE MANAGEMENT [IMPROVEMENT] DISTRICT
         SECTION 2.  Section 3817.001(2), Special District Local Laws
  Code, is amended to read as follows:
               (2)  "District" means the East Aldine Management
  [Improvement] District.
         SECTION 3.  Section 3817.002, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3817.002.  EAST ALDINE MANAGEMENT [IMPROVEMENT]
  DISTRICT. The East Aldine Management [Improvement] District is a
  special district created under Section 59, Article XVI, Texas
  Constitution.
         SECTION 4.  Section 3817.005(b), Special District Local Laws
  Code, is amended to read as follows:
         (b)  The boundaries and field notes of the district
  [contained in Section 1, Chapter 1433, Acts of the 77th
  Legislature, Regular Session, 2001, enacting former Section
  376.454, Local Government Code,] form a closure. A mistake in the
  field notes or in copying the field notes in the legislative process
  does not in any way affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for a purpose for
  which the district is created or to pay the principal of and
  interest on the bond;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         SECTION 5.  Section 3817.154, Special District Local Laws
  Code, is amended by amending Subsection (a) and adding Subsection
  (e) to read as follows:
         (a)  The district may impose a sales and use tax if
  authorized by a majority of the voters of the district voting at an
  election called for that purpose. Revenue from the tax may be used
  for any purpose for which [ad valorem tax] revenue of the district
  may be used.
         (e)  The board may establish one or more areas in the
  district as a special sales and use tax zone if the board finds that
  a reasonable distinction exists that justifies a special sales and
  use tax rate in the area. The special sales and use tax rate may be
  different than the sales and use tax rate imposed in the rest of the
  district if the special sales and use tax rate is approved by a
  majority of the voters of the special sales and use tax zone at an
  election held for that purpose.
         SECTION 6.  The following territory is added to the
  territory of the East Aldine Management District, formerly known as
  the Aldine Improvement District:
         Tract 1-BEGINNING at the northwestern corner of the boundary
  of the East Aldine Management District at the north right of way of
  Aldine Bender Road and the east boundary of Greater Greenspoint
  Management District;
         THENCE, northerly along the east boundary of Greater
  Greenspoint Management District to the southern boundary of Greens
  Parkway Municipal Utility District ("GPMUD");
         THENCE, east along the southern boundary of GPMUD to the
  point at which the GPMUD boundary turns north at the right of way of
  Greens Road;
         THENCE, continuing east along the north right of way of
  Greens Road to the intersection of Greens Road and the City of
  Houston full-purpose boundary line;
         THENCE, south along the City of Houston full-purpose boundary
  line, across Beltway 8 to the point at which the City of Houston
  full-purpose boundary line intersects the northern boundary of East
  Aldine Management District at Aldine Bender Road;
         THENCE, west along the northern boundary line of East Aldine
  Management District, TO THE POINT OF BEGINNING.
         Tract 2-BEGINNING at the point at which the northern boundary
  line of the East Aldine Management District intersects the City of
  Houston full-purpose boundary line on the east side of the right of
  way of Aldine Bender Road;
         THENCE, north along the City of Houston full-purpose boundary
  line to the point at which the City of Houston full-purpose boundary
  line turns east;
         THENCE, generally east along the City of Houston full-purpose
  boundary line to the point at which the City of Houston full-purpose
  boundary line reaches the right of way of John F. Kennedy Boulevard,
  then south along the same City of Houston full-purpose boundary
  line to the right of way of Aldine Bender Road where it meets the
  north boundary line of East Aldine Management District;
         THENCE, west along the north boundary line of East Aldine
  Management District, to the POINT OF BEGINNING.
         Tract 3-BEGINNING at the point at which the western boundary
  line of the East Aldine Management District intersects the north
  easement of Harris County Flood Control District (HCFCD) drainage
  ditch (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou);
         THENCE, westerly along the north easement of HCFCD drainage
  ditch (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou) to east
  boundary of City of Houston full-purpose boundary line;
         THENCE, south along east boundary of City of Houston
  full-purpose boundary line, across HCFCD easement of drainage ditch
  (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou) to north
  boundary of Colonial Hills Subdivision
         THENCE, west along the north boundary of Colonial Hills
  Subdivision to northwest corner of said subdivision;
         THENCE, southerly along the west boundary of Colonial Hills
  Subdivision to southwest corner of said subdivision;
         THENCE east along the south boundary of Colonial Hills
  Subdivision to southeast corner of said subdivision;
         THENCE, north along the east boundary of Colonial Hills
  Subdivision to northeast corner of said subdivision and south
  easement of HCFCD drainage ditch (#9 DD-7, P138-00-00 tributary
  24.97 to Greens Bayou);
         THENCE easterly along the south easement of HCFCD drainage
  ditch (#9 DD-7, P138-00-00 tributary 24.97 to Greens Bayou) to west
  boundary of existing East Aldine Management District;
         THENCE, north along west boundary of existing East Aldine
  Management District, across easement of HCFCD drainage ditch (#9
  DD-7, P138-00-00 tributary 24.97 to Greens Bayou), to the POINT OF
  BEGINNING.
         SECTION 7.  (a)  The legislature validates and confirms all
  governmental acts and proceedings of the Aldine Improvement
  District, now known as the East Aldine Management District, that
  were taken before the effective date of this Act.  An act or
  proceeding may not be held invalid because the act or proceeding was
  not in accordance with Chapter 3817, Special District Local Laws
  Code, or other 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.  A reference in law to the Aldine Improvement
  District means the East Aldine Management District.
         SECTION 9.  (a) The 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
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  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.
         (d)  The general law relating to consent by political
  subdivisions to the creation of districts with conservation,
  reclamation, and road powers and the inclusion of land in those
  districts has been complied with.
         (e)  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 10.  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, 2011.