82(R) SB 233 - Enrolled version

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	S.B. No. 233




	AN ACT
	relating to the creation of the Rowlett Pecan Grove Management
	District; providing authority to impose a tax, levy an assessment,
	and issue bonds.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle C, Title 4, Special District Local Laws
	Code, is amended by adding Chapter 3895 to read as follows:
	CHAPTER 3895. ROWLETT PECAN GROVE MANAGEMENT DISTRICT
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 3895.001. DEFINITIONS. In this chapter:
	(1) "Board" means the district's board of directors.
	(2) "City" means the City of Rowlett, Texas.
	(3) "Director" means a board member.
	(4) "District" means the Rowlett Pecan Grove
	Management District.
	(5) "Improvement project" means any program or project
	authorized by Section 3895.102, inside or outside the district.
	Sec. 3895.002. CREATION AND NATURE OF DISTRICT. The
	district is a special district created under Sections 52 and 52-a,
	Article III, and Section 59, Article XVI, Texas Constitution.
	Sec. 3895.003. PURPOSE; DECLARATION OF INTENT. (a) The
	creation of the district is essential to accomplish the purposes of
	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
	Texas Constitution, and other public purposes stated in this
	chapter. By creating the district and in authorizing the city and
	other political subdivisions to contract with the district, the
	legislature has established a program to accomplish the public
	purposes set out in Section 52-a, Article III, Texas Constitution.
	(b) The creation of the district is necessary to promote,
	develop, encourage, and maintain employment, commerce,
	transportation, housing, tourism, recreation, the arts,
	entertainment, economic development, safety, and the public
	welfare in the district.
	(c) This chapter and the creation of the district may not be
	interpreted to relieve the city or Dallas County from providing the
	level of services provided to the area in the district as of the
	effective date of the Act enacting this chapter. The district is
	created to supplement and not to supplant the city and county
	services provided in the district.
	Sec. 3895.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
	(a) The district is created to serve a public use and benefit.
	(b) All land and other property included in the district
	will benefit from the improvements and services to be provided by
	the district under powers conferred by Sections 52 and 52-a,
	Article III, and Section 59, Article XVI, Texas Constitution, and
	other powers granted under this chapter.
	(c) The creation of the district is in the public interest
	and is essential to further the public purposes of:
	(1) developing and diversifying the economy of the
	state;
	(2) eliminating unemployment and underemployment; and
	(3) developing or expanding transportation and
	commerce.
	(d) The district will:
	(1) promote the health, safety, and general welfare of
	residents, employers, employees, potential employees, visitors,
	and consumers in the district, and of the public;
	(2) provide needed funding for the district to
	preserve, maintain, and enhance the economic health and vitality of
	the district territory as a community and business center; and
	(3) promote the health, safety, welfare, and enjoyment
	of the public by providing pedestrian ways and by landscaping and
	developing certain areas in the district, which are necessary for
	the restoration, preservation, and enhancement of scenic and
	aesthetic beauty.
	(e) Pedestrian ways along or across a street, whether at
	grade or above or below the surface, and street lighting, street
	landscaping, parking, and street art objects are parts of and
	necessary components of a street and are considered to be an
	improvement project that includes a street or road improvement.
	(f) The district will not act as the agent or
	instrumentality of any private interest even though the district
	will benefit many private interests as well as the public.
	Sec. 3895.005. DISTRICT TERRITORY. (a) The district is
	composed of the territory described by Section 2 of the Act creating
	this chapter, as that territory may have been modified under
	Section 3895.109 or other law.
	(b) The boundaries and field notes of the district contained
	in Section 2 of the Act creating this chapter form a closure. A
	mistake in the field notes of the district contained in Section 2 of
	the Act creating this chapter 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 contract, including the right to issue
	any type of bond or other obligation for a purpose for which the
	district is created;
	(3) right to impose or collect an assessment, tax, or
	any other revenue; or
	(4) legality or operation.
	Sec. 3895.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
	ZONES. (a) All or any part of the area of the district is
	eligible, regardless of other statutory criteria, to be included
	in:
	(1) a tax increment reinvestment zone created by the
	city under Chapter 311, Tax Code; or
	(2) a tax abatement reinvestment zone created by the
	city under Chapter 312, Tax Code.
	(b) All or any part of the area of the district is eligible
	to be nominated for inclusion in an enterprise zone by the city
	under Chapter 2303, Government Code.
	Sec. 3895.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
	DISTRICTS LAW. Except as otherwise provided by this chapter,
	Chapter 375, Local Government Code, applies to the district.
	Sec. 3895.008. LIBERAL CONSTRUCTION OF CHAPTER. This
	chapter shall be liberally construed in conformity with the
	findings and purposes stated in this chapter.
	[Sections 3895.009-3895.050 reserved for expansion]
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 3895.051. BOARD OF DIRECTORS. The district is
	governed by a board of five directors appointed under Section
	3895.052 and three directors serving ex officio under Section
	3895.053.
	Sec. 3895.052. APPOINTMENT OF DIRECTORS; TERMS. (a) The
	mayor and governing body of the city shall appoint voting
	directors. A person is appointed if a majority of the members of
	the governing body, including the mayor, vote to appoint that
	person. A member of the governing body of the city may not be
	appointed to the board.
	(b) Section 375.063, Local Government Code, does not apply
	to the district.
	(c) The appointed directors serve staggered terms of four
	years, with two or three directors' terms expiring June 1 of each
	odd-numbered year.
	(d) A person may not be appointed to the board if the
	appointment of that person would result in fewer than three of the
	directors residing in the city.
	(e) The governing body of the city shall appoint a director
	to fill a vacancy that occurs on the board.
	(f) A director is a public official entitled to governmental
	immunity for the director's official actions.
	Sec. 3895.053. NONVOTING DIRECTORS. (a) The following
	persons serve as nonvoting ex officio directors:
	(1) the manager of the city;
	(2) the financial director of the city; and
	(3) the planning director of the city.
	(b) If an office described by Subsection (a) is renamed,
	changed, or abolished, the governing body of the city may appoint
	another city officer or employee who performs duties comparable to
	those performed by the officer described by Subsection (a).
	Sec. 3895.054. CONFLICTS OF INTEREST. (a) Except as
	provided by Section 3895.053 or this section:
	(1) a director may participate in all board votes and
	decisions; and
	(2) Chapter 171, Local Government Code, governs
	conflicts of interest of board members.
	(b) A director who has a beneficial interest in a business
	entity that will receive a pecuniary benefit from an action of the
	board may participate in discussion and vote on that action if a
	majority of the board has a similar interest in the same action or
	if all other similar business entities in the district will receive
	a similar pecuniary benefit.
	(c) A director who is also an officer or employee of a public
	entity may not participate in a discussion of or vote on a matter
	regarding a contract with that same public entity.
	Sec. 3895.055. DIRECTOR'S OATH OR AFFIRMATION. A
	director's oath or affirmation of office shall be filed with the
	district and the district shall retain the oath or affirmation in
	the district records.
	Sec. 3895.056. OFFICERS. The board shall elect from among
	the directors a chair, vice chair, and secretary.
	Sec. 3895.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
	EXPENSES. A director is not entitled to compensation for service on
	the board but is entitled to be reimbursed for necessary expenses
	incurred in carrying out the duties and responsibilities of a
	director.
	Sec. 3895.058. INITIAL DIRECTORS. (a) The initial board
	consists of the following directors:
	(1)__________________________________;
	(2)__________________________________;
	(3)__________________________________;
	(4)__________________________________; and
	(5)__________________________________.
	(b) Of the initial directors, the terms of directors
	appointed for positions 1 and 2 expire June 1, 2013, and the terms
	of directors appointed for positions 3 through 5 expire June 1,
	2015.
	(c) This section expires September 1, 2015.
	Sec. 3895.059. QUORUM. For purposes of determining whether
	a quorum of the board is present, the following are not counted:
	(1) a board position vacant for any reason, including
	death, resignation, or disqualification;
	(2) a director who is abstaining from participation in
	a vote because of a conflict of interest; or
	(3) a nonvoting director.
	[Sections 3895.060-3895.100 reserved for expansion]
	SUBCHAPTER C. POWERS AND DUTIES
	Sec. 3895.101. 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;
	(2) the general laws relating to road districts and
	road utility districts created under Section 52(b), Article III,
	Texas Constitution, including Chapter 441, Transportation Code;
	and
	(3) Chapter 375, Local Government Code.
	Sec. 3895.102. IMPROVEMENT PROJECTS. (a) 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 supply and distribution facility or system to
	provide potable and city-approved nonpotable water to the residents
	and businesses of the district, including a wastewater collection
	facility;
	(2) a paved road or street, inside and outside the
	district, to the extent authorized by Section 52, Article III,
	Texas Constitution;
	(3) 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;
	(4) protection and improvement of the quality of storm
	water that flows through the district;
	(5) the planning, design, construction, improvement,
	maintenance, and operation of:
	(A) a water or sewer facility; or
	(B) an off-street parking facility or heliport;
	(6) the planning and acquisition of:
	(A) public art and sculpture and related exhibits
	and facilities; or
	(B) an educational and cultural exhibit or
	facility;
	(7) 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;
	(8) the removal, razing, demolition, or clearing of
	land or improvements in connection with an improvement project;
	(9) the acquisition and improvement of land or other
	property for the mitigation of the environmental effects of an
	improvement project;
	(10) the acquisition of property or an interest in
	property in connection with an authorized improvement project;
	(11) 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
	(12) any similar public improvement, facility, or
	service.
	(b) The district may not undertake an improvement project
	under this section unless the board determines the project to be
	necessary to accomplish a public purpose of the district.
	(c) An improvement project must comply with any applicable
	city requirements, including codes and ordinances.
	(d) The district may not provide, conduct, or authorize any
	improvement project on the city streets, highways, rights-of-way,
	or easements without the consent of the governing body of the city.
	(e) The district shall immediately comply with any city
	ordinance, order, or resolution that:
	(1) requires the district to transfer to the city the
	title to all or any portion of an improvement project; or
	(2) authorizes the district to own, encumber,
	maintain, and operate an improvement project, subject to the right
	of the city to order a conveyance of the project to the city on a
	date determined by the city.
	(f) For the purposes of this section, planning, design,
	construction, improvement, and maintenance of a lake include work
	done for drainage, reclamation, or recreation.
	Sec. 3895.103. DEVELOPMENT CORPORATION POWERS. The
	district, using money available to the district, may exercise the
	powers given to a development corporation under Chapter 505, Local
	Government Code, including the power to own, operate, acquire,
	construct, lease, improve, or maintain a project under that
	chapter.
	Sec. 3895.104. GENERAL POWERS REGARDING CONTRACTS.
	(a) The district may:
	(1) contract with any person to accomplish any
	district purpose, including a contract for:
	(A) the payment, repayment, or reimbursement of
	costs incurred by that person on behalf of the district, including
	all or part of the costs of an improvement project and interest on
	the reimbursed cost; or
	(B) the use, occupancy, lease, rental,
	operation, maintenance, or management of all or part of a proposed
	or existing improvement project; and
	(2) apply for and contract with any person to receive,
	administer, and perform a duty or obligation of the district under a
	federal, state, local, or private gift, grant, loan, conveyance,
	transfer, bequest, or other financial assistance arrangement
	relating to the investigation, planning, analysis, study, design,
	acquisition, construction, improvement, completion,
	implementation, or operation by the district or others of a
	proposed or existing improvement project.
	(b) A contract the district enters into to carry out a
	purpose of this chapter may be on any terms and for any period the
	board determines, including a negotiable or nonnegotiable note or
	warrant payable to the city, Dallas County, and any other person.
	(c) Any person may contract with the district to carry out
	the purposes of this chapter without further statutory or other
	authorization.
	(d) A contract payable from ad valorem taxes for a period
	longer than one year must be approved by the governing body of the
	city.
	Sec. 3895.105. COMPETITIVE BIDDING. Section 375.221, Local
	Government Code, applies only to a district contract that has a
	value of more than $50,000.
	Sec. 3895.106. ECONOMIC DEVELOPMENT. (a) The district may
	engage in activities that accomplish the economic development
	purposes of the district.
	(b) The district may establish and provide for the
	administration of one or more programs to promote state or local
	economic development and to stimulate business and commercial
	activity in the district, including programs to:
	(1) make loans and grants of public money; and
	(2) provide district personnel and services.
	(c) The district may create economic development programs
	and exercise the economic development powers that:
	(1) Chapter 380, Local Government Code, provides to a
	municipality; and
	(2) Subchapter A, Chapter 1509, Government Code,
	provides to a municipality.
	Sec. 3895.107. RULES; ENFORCEMENT. (a) The district may
	adopt rules:
	(1) to administer or operate the district;
	(2) for the use, enjoyment, availability, protection,
	security, and maintenance of the district's property and
	facilities; or
	(3) to provide for public safety and security in the
	district.
	(b) The district may enforce its rules by injunctive relief.
	(c) To the extent a district rule conflicts with a city rule
	or order, the city rule or order controls.
	Sec. 3895.108. NAME CHANGE. The board by resolution may
	change the district's name. The board shall give written notice of
	the change to the city.
	Sec. 3895.109. ADDING OR REMOVING TERRITORY. The board may
	add or remove territory under Subchapter J, Chapter 49, and Section
	54.016, Water Code, except that:
	(1) the addition or removal of the territory must be
	approved by:
	(A) the governing body of the city; and
	(B) the owners of the territory being added or
	removed;
	(2) a reference to a tax in Subchapter J, Chapter 49,
	or Section 54.016, Water Code, means an ad valorem tax; and
	(3) territory may not be removed from the district if
	bonds or other obligations of the district payable wholly or partly
	from ad valorem taxes on the territory are outstanding.
	Sec. 3895.110. NO EMINENT DOMAIN POWER. The district may
	not exercise the power of eminent domain.
	Sec. 3895.111. NO TOLL ROADS. The district may not
	construct, acquire, maintain, or operate a toll road.
	Sec. 3895.112. DISTRICT EMPLOYEES; TERMS OF EMPLOYMENT;
	COMPENSATION. The board may employ and establish the terms of
	employment and compensation of:
	(1) an executive director or general manager; or
	(2) any other district employee the board considers
	necessary.
	[Sections 3895.113-3895.150 reserved for expansion]
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
	Sec. 3895.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
	Except as provided by Section 3895.161, the district may:
	(1) impose an ad valorem tax on all taxable property in
	the district, including industrial, commercial, and residential
	property, to pay for an improvement project;
	(2) impose an assessment on property in the district
	in the manner provided for:
	(A) a district under Subchapter F, Chapter 375,
	Local Government Code; or
	(B) a municipality or county under Subchapter A,
	Chapter 372, Local Government Code;
	(3) 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 or revenue of an improvement project or district contractual
	obligation or indebtedness by or through:
	(A) a lease, installment purchase contract, or
	other agreement with any person;
	(B) the imposition of a tax, assessment, user
	fee, concession fee, or rental charge; or
	(C) any other revenue or resource of the
	district;
	(4) establish user charges related to the operation of
	storm-water facilities, including the regulation of storm water for
	the protection of water quality in the district;
	(5) establish user charges for the use of nonpotable
	water for irrigation purposes, subject to the approval of the
	governing body of the city;
	(6) undertake separately or jointly with other
	persons, including the city or Dallas County, 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
	(7) enter into a tax abatement agreement in accordance
	with the general laws of this state authorizing and applicable to
	tax abatement agreements by municipalities.
	Sec. 3895.152. BORROWING MONEY. The district may 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. The
	bond, note, credit agreement, or other obligation must be secured
	by and payable from ad valorem taxes, assessments, or other
	district revenue.
	Sec. 3895.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION.
	(a) The district may impose an impact fee or assessment on
	property in the district, including an impact fee or assessment on
	residential or commercial property, only in the manner provided by
	Subchapter A, Chapter 372, or Subchapter F, Chapter 375, Local
	Government Code, for a municipality, county, or public improvement
	district, according to the benefit received by the property.
	(b) An impact fee for residential property must be for the
	limited purpose of providing capital funding for:
	(1) public water and wastewater facilities;
	(2) drainage and storm-water facilities; and
	(3) streets and alleys.
	(c) An assessment, a reassessment, or an assessment
	resulting from an addition to or correction of the assessment roll
	by the district, penalties and interest on an assessment or
	reassessment, or an expense of collection of an assessment,
	including reasonable attorney's fees, incurred by the district:
	(1) is a first and prior lien against the property
	assessed; and
	(2) is superior to any other lien or claim other than a
	lien or claim for county, school district, or municipal ad valorem
	taxes.
	(d) The board may make a correction to or deletion from the
	assessment roll that does not increase the amount of assessment of
	any parcel of land without providing notice and holding a hearing in
	the manner required for additional assessments.
	(e) The district may not impose an impact fee on the
	property, including equipment and facilities, of a public utility
	provider in the district.
	Sec. 3895.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
	Section 375.161, Local Government Code, does not apply to the
	district.
	Sec. 3895.155. MAINTENANCE AND OPERATION TAX; ELECTION.
	(a) Except as provided by Section 3895.161, the district may
	impose a tax for maintenance and operation purposes, including for:
	(1) planning, constructing, acquiring, maintaining,
	repairing, and operating all improvement projects, including land,
	plants, works, facilities, improvements, appliances, and equipment
	of the district; and
	(2) paying costs of services, engineering and legal
	fees, and organization and administrative expenses.
	(b) The district may not impose a maintenance and operation
	tax unless the maximum tax rate is approved by the governing body of
	the city and a majority of the district voters voting at an election
	held for that purpose. If the maximum tax rate is approved, the
	board may impose the tax at any rate that does not exceed the
	approved rate.
	(c) A maintenance and operation tax election may be held at
	the same time and in conjunction with any other district election.
	The election may be called by a separate election order or as part
	of any other election order.
	(d) The proposition in a maintenance and operation tax
	election may be for a specific maximum rate.
	Sec. 3895.156. USE OF SURPLUS MAINTENANCE AND OPERATION
	MONEY. If the district has surplus maintenance and operation tax
	money that is not needed for the purposes for which it was
	collected, the money may be used for any authorized purpose.
	Sec. 3895.157. BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
	BONDS. The district may not issue bonds until the governing body of
	the city approves a bond issuance plan authorizing and setting
	forth the limitations on the issuance of the bonds.
	Sec. 3895.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
	APPROVAL. (a) Except as provided by Sections 3895.157 and
	3895.161, the district may issue, by competitive bid or negotiated
	sale, bonds, notes, or other obligations payable wholly or partly
	from ad valorem taxes or assessments in the manner provided by
	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
	Government Code.
	(b) In exercising the district's borrowing power, the
	district may issue a bond or other obligation in the form of a bond,
	note, certificate of participation or other instrument evidencing a
	proportionate interest in payments to be made by the district, or
	other type of obligation.
	(c) In addition to the sources of money described by
	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
	Government Code, district bonds may be secured and made payable
	wholly or partly by a pledge of any part of the net proceeds the
	district receives from any other district revenue.
	Sec. 3895.159. BOND MATURITY. Bonds must mature not more
	than 40 years from their date of issue.
	Sec. 3895.160. TAXES FOR BONDS AND OTHER OBLIGATIONS.
	(a) At the time bonds or other obligations payable wholly or
	partly from ad valorem taxes are issued:
	(1) the board shall impose a continuing direct annual
	ad valorem tax, without limit as to rate or amount, for each year
	that all or part of the bonds are outstanding; and
	(2) the district annually shall impose an ad valorem
	tax on all taxable property in the district in an amount sufficient
	to:
	(A) pay the interest on the bonds or other
	obligations as the interest becomes due;
	(B) create a sinking fund for the payment of the
	principal of the bonds or other obligations when due or the
	redemption price at any earlier required redemption date; and
	(C) pay the expenses of imposing the taxes.
	(b) Bonds or other obligations that are secured by and
	payable from ad valorem taxes may not be issued unless the bonds and
	the imposition of the taxes are approved by:
	(1) a majority of the district voters voting at an
	election held for that purpose; and
	(2) the governing body of the city.
	(c) The district shall hold an election required by this
	section in the manner provided by Chapter 54, Water Code.
	Sec. 3895.161. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
	IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
	may issue bonds, impose taxes, or borrow money, the district and the
	city must negotiate and execute a mutually approved and accepted
	interlocal project development agreement regarding the development
	plans and rules for:
	(1) the development and operation of the district; and
	(2) the financing of improvement projects.
	Sec. 3895.162. CITY NOT REQUIRED TO PAY DISTRICT
	OBLIGATIONS. Except as provided by Section 375.263, Local
	Government Code, the city is not required to pay a bond, note, or
	other obligation of the district.
	[Sections 3895.163-3895.200 reserved for expansion]
	SUBCHAPTER E. DISSOLUTION
	Sec. 3895.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
	city adopts by a two-thirds vote of its governing body an ordinance
	to dissolve the district, the district is dissolved.
	(b) The district may not be dissolved until the district's
	outstanding indebtedness or contractual obligations payable from
	ad valorem taxes have been repaid or discharged.
	(c) The district may not be dissolved until any agreement
	under Section 3895.161 has been executed and the district's
	performance under the agreement has been fulfilled, including any
	right or obligation the district has to reimburse a developer or
	owner for the costs of improvement projects.
	Sec. 3895.202. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
	(a) If the dissolved district has bonds or other obligations
	outstanding secured by and payable from assessments or other
	revenue, other than ad valorem taxes, the city succeeds to the
	rights and obligations of the district regarding enforcement and
	collection of the assessments or other revenue.
	(b) If the district is dissolved, the city has and may
	exercise all district powers to enforce and collect the assessments
	or other revenue to pay:
	(1) the bonds or other obligations when due and
	payable according to their terms; or
	(2) special revenue or assessment bonds or other
	obligations issued by the city to refund the outstanding bonds or
	obligations.
	Sec. 3895.203. ASSUMPTION OF ASSETS AND LIABILITIES.
	(a) The district may not be dissolved by the city unless the city
	assumes the obligations of the district, including any bonds or
	other indebtedness payable from assessments or other district
	revenue.
	(b) If the city dissolves the district, the board shall
	transfer ownership of all district property to the city.
	SECTION 2. The Rowlett Pecan Grove Management District
	initially includes all territory contained in the following area:
	TRACT 1: BEING Lots 1 and 2, in Block A of Pecan Grove Park
	Addition, an Addition to the City of Rowlett, Dallas County, Texas,
	according to the Map thereof recorded under cc#200600238026, Real
	Property Records of Dallas County, Texas; and
	TRACT 2: BEING all that certain lot, tract or parcel of land
	situated in the Thomas Lumley Survey, Abstract No. 789, City of
	Rowlett, Dallas County, Texas, and being a part of a 87.934 acres
	tract of land as described in a Special Warranty deed from Garland
	Independent School District to City of Rowlett, dated August 27,
	1997 and being recorded in Volume 97175, Page 1103 of the Deed
	Records of Dallas County, Texas, and being more particularly
	described as follows:
	BEGINNING at a 3/8" iron rod found for corner in the east
	right-of-way line of Kirby Road (variable width right-of-way) and
	in the meanders of a creek, said point being at the west most
	northwest corner of said 87.934 acres tract and at the southwest
	corner of Lot 1, Block A, Rowlett High School, an Addition to the
	City of Rowlett, Texas, according to the Map thereof recorded in
	Volume 94179, Page 1344 of the Map Records of Dallas County, Texas;
	THENCE in an easterly direction along the south line of said
	Addition and generally along the meanders of said creek as follows:
	S. 26 deg. 27 min. 49 sec. E. a distance of 111.48 feet;
	N. 70 deg. 10 min. 55 sec. E. a distance of 260.00 feet;
	S. 79 deg. 19 min. 59 sec. E. a distance of 195.00 feet;
	N. 81 deg. 03 min. 35 sec. E. a distance of 110.00 feet;
	S. 51 deg. 03 min. 57 sec. E. a distance of 60.00 feet;
	N. 79 deg. 18 min. 55 sec. E. a distance of 175.00 feet;
	S. 38 deg. 56 min. 57 sec. E. a distance of 142.00 feet;
	N. 57 deg. 52 min. 19 sec. E. a distance of 115.00 feet;
	S. 15 deg. 11 min. 06 sec. E. a distance of 108.00 feet;
	S. 19 deg. 47 min. 39 sec. W. a distance of 106.00 feet;
	S. 78 deg. 40 min. 34 sec. E. a distance of 335.00 feet;
	S. 13 deg. 24 min. 39 sec. E. a distance of 92.20 feet;
	THENCE N. 59 deg. 02 min. 24 sec. E. leaving the meanders of
	said creek and continuing along the south line of said Addition, a
	distance of 219.48 feet to a 1/2" iron rod found for corner at the
	southeast corner of said Addition and being in the west line of a
	100 foot T.P. & L. Co. easement as recorded in Volume 67115, Page
	202 of the Deed Records of Dallas County, Texas;
	THENCE N. 00 deg. 55 min. 24 sec. W. along the east line of
	said Addition, a distance of 500.14 feet to a 5/8" iron rod found
	for corner at the southwest corner of Lot 2, Block A, of Pecan Grove
	Park Addition, an Addition to the City of Rowlett, Dallas County,
	Texas, according to the Map thereof recorded under cc#200600238026,
	Real Property Records of Dallas County, Texas;
	THENCE N. 89 deg. 04 min. 17 sec. E. along the south line of
	said Lot 2, a distance of 936.07 feet to a 5/8" iron rod found for
	corner at the southeast corner of Lot 2 and the south most southwest
	corner of said Lot 1;
	THENCE N. 68 deg. 17 min. 12 sec. E. along the southeast line
	of said Lot 1, a distance of 800.60 feet to a 5/8" iron rod found for
	corner in the southwest right-of-way line of Dallas Area Rapid
	Transit (100' R.O.W.)
	THENCE S. 45 deg. 29 min. 56 sec. E. along said right-of-way
	line, a distance of 97.69 feet to a 1/2" iron rod found for corner in
	the west take line of the City of Dallas for Lake Ray Hubbard as
	recorded in Volume 69061, Page 970 of the Deed Records of Dallas
	County, Texas;
	THENCE S. 18 deg. 04 min. 52 sec. E. along said take line, a
	distance of 338.92 feet to a concrete monument with brass disk
	marked "City of Dallas Water Dept. U-10-2" found for corner;
	THENCE S. 02 deg. 36 min. 36 sec. E. along said take line, a
	distance of 502.17 feet to a concrete monument with brass disk
	marked "City of Dallas Water Dept. U-6-2" found for corner;
	THENCE S. 19 deg. 09 min. 28 sec. W. along said take line, a
	distance of 477.18 feet to a broken concrete monument with brass
	disk marked "City of Dallas Water Dept. U-6-1" found for corner;
	THENCE S. 89 deg. 19 min. 30 sec. W. along the north line of a
	2.29 acres tract as described in a Deed to Singh Lalsingh Sanker, as
	recorded in Volume 87085, Page 4639 of the Deed Records of Dallas
	County, Texas, a distance of 705.12 feet to a 1/2" iron rod found
	for corner in the east right-of-way line of Miller Heights Drive
	(60' R.O.W.);
	THENCE N. 02 deg. 54 min. 52 sec. E., along said right-of-way
	line, a distance of 10.12 feet to a 1/2" iron rod found for corner;
	THENCE S. 89 deg. 18 min. 25 sec. W. along said right-of-way
	line, a distance of 2546.89 feet to a 1/2" iron rod found for corner
	in the east right-of-way line of Kirby Road and being at the
	southwest corner of said 87.934 acres tract;
	THENCE N. 00 deg. 54 min. 25 sec. W. along said right-of-way
	line, a distance of 569.41 feet to a 1/2" iron rod found for corner;
	THENCE N. 05 deg. 30 min. 22 sec. E. along said right-of-way
	line, a distance of 200.25 feet to a 1/2" iron rod found for corner;
	THENCE N. 00 deg. 57 min. 36 sec. W. along said right-of-way
	line, a distance of 123.69 feet to the POINT OF BEGINNING and
	containing 3,171.925 square feet or 72.82 acres of land.
	SECTION 3. (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 4. 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.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 233 passed the Senate on
	April 14, 2011, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 23, 2011, by the
	following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 233 passed the House, with
	amendment, on May 19, 2011, by the following vote: Yeas 146,
	Nays 2, one present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor