S.B. No. 234
 
 
 
 
AN ACT
  relating to the creation of the Rowlett Downtown 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 3894 to read as follows:
  CHAPTER 3894.  ROWLETT DOWNTOWN MANAGEMENT DISTRICT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3894.001.  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 member of the board.
               (4)  "District" means the Rowlett Downtown Management
  District.
               (5)  "Improvement project" means any program or project
  authorized by Section 3894.102, inside or outside the district.
         Sec. 3894.002.  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. 3894.003.  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. 3894.004.  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. 3894.005.  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 3894.109 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. 3894.006.  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. 3894.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3894.008.  LIBERAL CONSTRUCTION OF CHAPTER. This
  chapter shall be liberally construed in conformity with the
  findings and purposes stated in this chapter.
  [Sections 3894.009-3894.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 3894.051.  BOARD OF DIRECTORS. The district is
  governed by a board of five directors appointed under Section
  3894.052 and three directors serving ex officio under Section
  3894.053.
         Sec. 3894.052.  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)  District directors are public officials entitled to
  governmental immunity for their official actions.
         Sec. 3894.053.  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. 3894.054.  CONFLICTS OF INTEREST. (a)  Except as
  provided by Section 3894.053 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. 3894.055.  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. 3894.056.  OFFICERS. The board shall elect from among
  the directors a chair, vice chair, and secretary.
         Sec. 3894.057.  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. 3894.058.  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. 3894.059.  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 3894.060-3894.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 3894.101.  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. 3894.102.  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. 3894.103.  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. 3894.104.  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. 3894.105.  COMPETITIVE BIDDING. Section 375.221, Local
  Government Code, applies only to a district contract that has a
  value of more than $50,000.
         Sec. 3894.106.  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. 3894.107.  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. 3894.108.  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. 3894.109.  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. 3894.110.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         Sec. 3894.111.  NO TOLL ROADS.  The district may not
  construct, acquire, maintain, or operate a toll road.
         Sec. 3894.112.  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 3894.113-3894.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 3894.151.  GENERAL POWERS REGARDING FINANCIAL MATTERS.
  Except as provided by Section 3894.161, 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. 3894.152.  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. 3894.153.  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. 3894.154.  CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
  Section 375.161, Local Government Code, does not apply to the
  district.
         Sec. 3894.155.  MAINTENANCE AND OPERATION TAX; ELECTION.
  (a)  Except as provided by Section 3894.161, 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. 3894.156.  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. 3894.157.  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. 3894.158.  BONDS AND OTHER OBLIGATIONS; MUNICIPAL
  APPROVAL. (a)   Except as provided by Sections 3894.157 and
  3894.161, 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. 3894.159.  BOND MATURITY. Bonds may mature not more
  than 40 years from their date of issue.
         Sec. 3894.160.  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. 3894.161.  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. 3894.162.  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 3894.163-3894.200 reserved for expansion]
  SUBCHAPTER E.  DISSOLUTION
         Sec. 3894.201.  DISSOLUTION BY CITY ORDINANCE. (a)  If the
  city by ordinance 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 the agreement
  under Section 3894.161 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. 3894.202.  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. 3894.203.  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 Downtown Management District
  initially includes all territory contained in the following area:
         BEING approximately 19 acres of land located in the Thomas
  Payne Survey, Abstract No. 1165, and approximately 19 acres of land
  located in the William Crabtree Survey, Abstract No. 347, City of
  Rowlett, Dallas County, Texas. Said 38 combined acres of land being
  more particularly described by metes and bounds as follows:
         BEGINNING at a 1/2" iron pipe found in the South boundary line
  of said Payne Survey, and the North boundary line of said Crabtree
  Survey, at the point of intersection of said Survey line with the
  South right-of-way line of The Dallas Area Rapid Transit railroad,
  and said Point Of Beginning also being the West corner of the tract
  of land conveyed to the City of Rowlett by the deed recorded in
  Volume 2004067, page 04282 of the Deed Records of Dallas County,
  Texas;
         THENCE Northeasterly, approximately 166 feet, along the
  South right-of-way line of said Dallas Area Rapid Transit railroad
  to a point at the intersection of the West right-of-way line of
  Commerce Street;
         THENCE Northeasterly, approximately 114 feet, crossing said
  Dallas Area Rapid Transit railroad to a point in the North
  right-of-way line of said railroad, lying at the most Southerly
  Southeast corner of Lot 5, Block 5, Rowlett Business Park, No. 2, an
  addition to the City of Rowlett, Dallas County, Texas, according to
  the plat recorded in Volume 82015, page 1127 of the Deed Records of
  Dallas County, Texas;
         THENCE Northerly, approximately 155 feet, along the most
  Southerly East boundary line of said Lot 5, and the West boundary
  line of the tract of land conveyed to the City of Rowlett by the deed
  recorded in Volume 99034, page 4307 of the Deed Records of Dallas
  County, Texas, to a point at the Northwest corner of said City of
  Rowlett tract, being the Southwest corner of the tract of land
  conveyed to the City of Rowlett by the deed recorded in Volume
  99083, page 2213 of the Deed Records of Dallas County, Texas;
         THENCE Northerly, approximately 285 feet, along the West
  boundary line of said City of Rowlett tract recorded in Volume
  99083, page 2213 of the Deed Records of Dallas County, Texas, to a
  point in the North right-of-way line of Melcer Drive;
         THENCE Easterly, approximately 837 feet, along the North
  right-of-way line of said Melcer Drive, to a point in the West
  right-of-way line of Martin Drive;
         THENCE Northerly, approximately 820 feet, along the West
  right-of-way line of said Martin Drive, to a point in the South
  right-of-way line of Lakeview Parkway;
         THENCE Easterly, approximately 195 feet, along the South
  right-of-way line of said Lakeview Parkway, to a point at the
  Northeast corner of Lot 1, Block 1, Carlisle Subdivision, an
  addition to the City of Rowlett, Dallas County, Texas, according to
  the plat recorded in Volume 85081, page 1854 of the Deed Records of
  Dallas County, Texas;
         THENCE Southerly, approximately 201 feet along the East
  boundary line of said Lot 1, Block 1, Carlisle Subdivision, to a
  point at the Southeast corner of said Lot 1;
         THENCE Westerly, approximately 145 feet along the South
  boundary line of said Lot 1, Block 1, Carlisle Subdivision, to a
  point in the East right-of-way line of aforesaid Martin Drive;
         THENCE Southerly, approximately 217 feet, along the East
  right-of-way line of said Martin Drive, to a point in the North
  right-of-way line of Industrial Street;
         THENCE Easterly, approximately 1,251 feet along the North
  right-of-way line of said Industrial Street, being the South
  boundary line of Block 3, of aforesaid Rowlett Business Park, No. 2,
  to a point at the most Easterly Southeast corner of Lot 11 of said
  Block 3, Rowlett Business Park No. 2;
         THENCE Southerly, approximately 544 feet, crossing said
  Industrial Street, and running along the East boundary line of Lot
  24, of Block 5 of said Rowlett Business Park No. 2, to a point at the
  Southeast corner of said Lot 24, lying in the North right-of-way
  line of aforesaid Dallas Area Rapid Transit railroad;
         THENCE Southwesterly, approximately 453 feet, along the
  North right-of-way line of said Dallas Area Rapid Transit railroad,
  and the South boundary line of said Block 5, Rowlett Business Park
  No. 2, to a point at the Southwest corner of Lot 22 of said Block 5,
  Rowlett Business Park No. 2;
         THENCE Northerly, approximately 522 feet, along the West
  boundary line of said Lot 22, Block 5, Rowlett Business Park No. 2,
  to a point at the Northwest corner of said Lot 22, lying in the South
  right-of-way line of aforesaid Industrial Street;
         THENCE Westerly, approximately 420 feet, along the South
  right-of-way line of said Industrial Street, and the North boundary
  line of said Block 5, Rowlett Business Park No. 2, to a point at the
  Northeast corner of Lot 18 of said Block 5, Rowlett Business Park
  No. 2;
         THENCE Southerly, approximately 625 feet, along the East
  boundary line of said Lot 18, Block 5, Rowlett Business Park No. 2,
  to a point at the Southeast corner of said Lot 18, lying in the North
  right-of-way line of aforesaid Dallas Area Rapid Transit railroad;
         THENCE along the North right-of-way line of said Dallas Area
  Rapid Transit railroad as follows:
               1.  Southwesterly, approximately 377 feet, along the
  South boundary line of Lot 14, and 18, of said Block 5,
  Rowlett Business Park No. 2, to a point at the Southwest
  corner of said Lot 14, lying in the East boundary line of Lot
  13, of said Block 5;
               2.  Southeasterly, approximately 25 feet, along the
  East boundary line of said Lot 13, Block 5, to a point at the
  Southeast corner of said Lot 13;
               3.  Southwesterly, approximately 343 feet, along the
  South boundary line of Lots 11, 12, and 13 of said Block 5,
  Rowlett Business Park No. 2, to a point at the Southwest
  corner of said Lot 11;
         THENCE Northwesterly, approximately 155 feet, along the West
  boundary line of said Lot 11, Block 5, Rowlett Business Park No. 2,
  to a point in the most Northerly South boundary line of said Lot 11;
         THENCE Southwesterly, approximately 11 feet, along the most
  Northerly South boundary line of said Lot 11, to a point at the most
  Westerly Southwest corner of said Lot 11;
         THENCE Northerly, approximately 157 feet, along the West
  boundary line of said Lot 11, to a point at the Northwest corner of
  said Lot 11, lying in the South right-of-way line of aforesaid
  Melcer Drive;
         THENCE Westerly, approximately 500 feet, along the South
  right-of-way line of said Melcer Drive, and the most Southerly,
  North boundary line of said Block 5, Rowlett Business Park No. 2, to
  a point at the Northwest corner of Lot 6 of said Block 5, being the
  Northeast corner of the aforesaid tract of land conveyed to the City
  of Rowlett by the deed recorded in Volume 99083, page 2213 of the
  Deed Records of Dallas County, Texas;
         THENCE Southerly, approximately 226 feet, along the East
  boundary line of said City of Rowlett tract, and the West boundary
  line of said Lot 6, to a point at the Southwest corner of said Lot 6,
  and the Southeast corner of Lot 5, of said Block 5, Rowlett Business
  Park No. 2;
         THENCE Southwesterly, approximately 11 feet, along the South
  boundary line of said Lot 5, to a point at the Northeast corner of
  the aforesaid tract of land conveyed to the City of Rowlett by the
  deed recorded in Volume 99034, page 4307 of the Deed Records of
  Dallas County, Texas;
         THENCE Southerly, approximately 169 feet, along the East
  boundary line of said City of Rowlett tract recorded in Volume
  99034, page 4307, and continuing to a point;
         THENCE Southwesterly, approximately 97 feet, crossing the
  aforesaid Dallas Area Rapid Transit railroad, to a point in the
  South right-of-way line of said railroad, being the North boundary
  line of the aforesaid tract of land conveyed to the City of Rowlett
  by the deed recorded in Volume 2004067, page 04282 of the Deed
  Records of Dallas County, Texas;
         THENCE Northeasterly, approximately 362 feet, along the
  South right-of-way line of said Dallas Area Rapid Transit railroad,
  and the North boundary line of said City of Rowlett tract recorded
  in Volume 2004067, page 04282, to a point at the Northeast corner of
  said City of Rowlett tract;
         THENCE Southeasterly, approximately 99 feet, along the East
  boundary line of said City of Rowlett tract, to a point at the
  Southeast corner of said City of Rowlett tract, lying in the South
  boundary line of the tract of land conveyed to Jeffrey D. Mayhall,
  and wife Camille Mayhall by the deed recorded in Volume 96198, page
  1273 of the Deed Records of Dallas County, Texas;
         THENCE Easterly, approximately 190 feet along the South
  boundary line of said Mayhall tract to a point at the Southeast
  corner of said Mayhall tract;
         THENCE Southerly, approximately 10 feet to a point in the
  North boundary line of Lot 1, Block B, Municipal Complex Addition,
  to the City of Rowlett, Dallas County, Texas according to the plat
  recorded in County Clerk's file No. 2006002238027 of the Deed
  Records of Dallas County, Texas;
         THENCE Easterly, approximately 51 feet, along the North
  boundary line of said Lot 1, Block B, Municipal Complex Addition, to
  a point at the Northeast corner of said Lot 1, Block B;
         THENCE Southerly, approximately 137 feet, along the East
  boundary line of said Lot 1, Block B, Municipal Complex Addition, to
  a point at the Southeast corner of said Lot 1, Block B, lying in the
  North right-of-way line of Main Street;
         THENCE Northeasterly, approximately 482 feet, along the
  North right-of-way line of said Main Street, to a point in the West
  right-of-way line of Skyline Drive;
         THENCE Southerly, approximately 87 feet, crossing said Main
  Street, to a point at the Northeast corner of Lot 1, Block A,
  Municipal Complex Addition, to the City of Rowlett, Dallas County,
  Texas, according to the plat recorded in Volume 95327, page 2810 of
  the Deed Records of Dallas County, Texas;
         THENCE Southerly, approximately 425 feet, along the East
  boundary line of said Lot 1, Block B, Municipal Complex Addition,
  and the West right-of-way line of aforesaid Skyline Drive, to a
  point at the Southeast corner of said Lot 1, Block A, being the
  Northeast corner of Lot 1, Block 1, South Ridge Addition, No. 3, and
  addition to the City of Rowlett, Dallas County, Texas, according to
  the plat recorded in Volume 69117, page 2087 of the Deed Records of
  Dallas County, Texas;
         THENCE Westerly, approximately 150 feet, along the North
  boundary line of said Lot 1, Block 1, South Ridge Addition, No. 3,
  to a point at the Northwest corner of said Lot 1, Block 1, South
  Ridge Addition, No. 3;
         THENCE Southerly, approximately 498 feet, along the West
  boundary line of said Block 1, South Ridge Addition, No. 3, to a
  point;
         THENCE Westerly, approximately 360 feet, along the North
  boundary line of Lot 7, Block 1, and Lot 1, Block 6 of said South
  Ridge Addition, No. 3, to a point;
         THENCE Southerly, approximately 20 feet, to a point at the
  Northeast corner of Lot 2, Block 6, South Ridge Addition, No. 4, an
  addition to the City of Rowlett, Dallas County, Texas, according to
  the plat recorded in Volume 76104, page 1684 of the Deed Records of
  Dallas County, Texas;
         THENCE Westerly, approximately 185 feet, along the North
  boundary line of said Lot 2, Block 6, South Ridge Addition, No. 4,
  to a point in the West right-of-way line of Aspen Drive;
         THENCE Southerly, approximately 32 feet, along the West
  right-of-way line of said ASPEN DRIVE, to a point at the Northeast
  corner of Lot 12, Block 7 of said South Ridge Addition, No. 4;
         THENCE Westerly, approximately 150 feet, along the North
  boundary line of said Lot 12, Block 7, South Ridge Addition, No. 4,
  to a point at the Northwest corner of said Lot 12, Block 7;
         THENCE Northerly, approximately 740 feet, to a point at the
  Northwest of Lot 3, Block A, of aforesaid Municipal Complex
  Addition, to the City of Rowlett, Dallas County, Texas, according
  to the plat recorded in Volume 95237, page 2810 of the Deed Records
  of Dallas County, Texas;
         THENCE Easterly, approximately 131 feet, along the most
  Southerly North boundary line of said Lot 3, Block A, Municipal
  Complex Addition, to a point;
         THENCE Northerly, approximately 163 feet, along the most
  Easterly, West boundary line of said Lot 3, Block A, Municipal
  Complex Addition, to a point at the Northwest corner of said Lot 3,
  lying in the South right-of-way line of aforesaid Main Street;
         THENCE Southwesterly, approximately 65 feet, along the South
  right-of-way line of said Main Street, to a point at the Northeast
  corner of Lot 43, Original Town Of Rowlett, an addition to the City
  of Rowlett, Dallas County, Texas, according to the plat recorded in
  Volume 2, page 217 of the Map Records of Dallas County, Texas;
         THENCE Southerly, approximately 90 feet, along the East
  boundary line of said Lot 43, to a point at the Southeast corner of
  said Lot 43;
         THENCE Westerly, approximately 50 feet, along the South
  boundary line of Lot 42, and 43 of said Original Town Of Rowlett, to
  a point at the Southwest corner of said Lot 42;
         THENCE Northerly, approximately 90 feet, along the West
  boundary line of said Lot 42, to a point at the Northwest corner of
  said Lot 42, lying in the South right-of-way of aforesaid Main
  Street;
         THENCE Westerly, approximately 300 feet, along the South
  right-of-way line of said Main Street, and the North boundary line
  of Lots 33, through 41, of said Original Town Of Rowlett, to a point
  in the West right-of-way line of aforesaid Commerce Street, and the
  East boundary line of Lot 28 of said Original Town Of Rowlett;
         THENCE Northerly, approximately 262 feet, along the West
  right-of-way line of said Commerce Street, and the East boundary
  line of Lots 19, through 28, of said Original Town Of Rowlett, to a
  point in the North boundary line of aforesaid William Crabtree
  Survey, and the South boundary line of the aforesaid Thomas Payne
  Survey;
         THENCE Westerly, approximately 164 feet, along said Survey
  line to the Point Of Beginning, containing approximately 38 acres
  of land.
         The foregoing 38 acres description saves and excepts all
  portions thereof, and contained therein of Lots 7 through 18 of the
  Original Town of Rowlett, as indicated on the plat recorded in
  Volume 2, Page 217 of the Map Records of Dallas County, Texas.
         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. 234 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. 234 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