S.B. No. 1880
 
 
 
 
AN ACT
  relating to the powers and duties of the Imperial Redevelopment
  District; providing authority to impose a tax and issue bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 8150.001, Special District Local Laws
  Code, is amended by adding Subdivision (2-a) to read as follows:
               (2-a)  "County" means Fort Bend County, Texas.
         SECTION 2.  Section 8150.002, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8150.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Fort Bend County created under
  Section 59, Article XVI, Texas Constitution, and is essential to
  accomplish the purposes of Sections [Section] 52 and 52-a, Article
  III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas
  Constitution, and other public purposes stated in this chapter.
         SECTION 3.  Subchapter A, Chapter 8150, Special District
  Local Laws Code, is amended by adding Section 8150.0025 to read as
  follows:
         Sec. 8150.0025.  DECLARATION OF INTENT.  (a)  By creating
  the district and in authorizing the city, the county, 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 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 the county from providing
  services to the area in the district. The district is created to
  supplement and not to supplant city and county services provided in
  the district.
         SECTION 4.  Section 8150.003, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8150.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a)  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 [Section] 52 and 52-a,
  Article III, Section 1-g, Article VIII, and Section 59, Article
  XVI, Texas Constitution, and other powers granted under this
  chapter.
         (b)  The district is created for the [same] purposes of [as]:
               (1)  a municipal utility district as provided by
  Section 54.012, Water Code;
               (2)  [a road utility district created under] Section
  52, Article III, Texas Constitution, that relate to the
  construction, acquisition, improvement, operation, or maintenance
  of macadamized, graveled, or paved roads, or improvements in aid of
  those roads, including drainage improvements [and operating under
  Chapter 441, Transportation Code, including the purpose of
  constructing, acquiring, improving, maintaining, and operating
  roads and road facilities]; and
               (3)  the purchase, construction, acquisition,
  ownership, improvement, maintenance, and operation of the public
  works and public improvements authorized for a tax increment
  reinvestment zone operating under Chapter 311, Tax Code, and a
  municipal management district operating under Chapter 375, Local
  Government Code.
         (c)  The district is created to serve a public use and
  benefit.
         (d)  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.
         (e)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, 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 beauty.
         (f)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, vehicle parking, and street art objects are parts of
  and necessary components of a street and are considered to be a
  street or road improvement.
         (g)  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.
         SECTION 5.  Subchapter A, Chapter 8150, Special District
  Local Laws Code, is amended by adding Section 8150.0035 to read as
  follows:
         Sec. 8150.0035.  FINDING ON SPORTS AND COMMUNITY VENUES.  A
  sports and community venue facility is considered to be a park and
  recreational facility.
         SECTION 6.  Subchapter C, Chapter 8150, Special District
  Local Laws Code, is amended by adding Sections 8150.1025, 8150.105,
  8150.106, 8150.107, 8150.108, 8150.109, and 8150.110 to read as
  follows:
         Sec. 8150.1025.  MUNICIPAL MANAGEMENT DISTRICT PROJECTS AND
  SERVICES.  The district may provide, design, construct, acquire,
  improve, relocate, operate, maintain, or finance an improvement,
  improvement project, or service using money available to the
  district, or contract with a governmental or private entity to
  provide, design, construct, acquire, improve, relocate, operate,
  maintain, or finance an improvement, improvement project, or
  service authorized under this chapter or Chapter 375, Local
  Government Code.
         Sec. 8150.105.  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. 8150.106.  NONPROFIT CORPORATION.  (a)  The board by
  resolution may authorize the creation of a nonprofit corporation to
  assist and act for the district in implementing a project or
  providing a service authorized by this chapter.
         (b)  The nonprofit corporation:
               (1)  has each power of and is considered to be a local
  government corporation created under Subchapter D, Chapter 431,
  Transportation Code; and
               (2)  may implement any project and provide any service
  authorized by this chapter.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation. The board of directors of the nonprofit
  corporation shall serve in the same manner as the board of directors
  of a local government corporation created under Subchapter D,
  Chapter 431, Transportation Code, except that a board member is not
  required to reside in the district.
         Sec. 8150.107.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.  The
  district may join and pay dues to a charitable or nonprofit
  organization that performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 8150.108.  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. 8150.109.  PARKING FACILITIES.  (a)  The district may
  acquire, lease as lessor or lessee, construct, develop, own,
  operate, and maintain parking facilities or a system of parking
  facilities, including lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets and related appurtenances.
         (b)  The district's parking facilities serve the public
  purposes of the district and are owned, used, and held for a public
  purpose even if leased or operated by a private entity for a term of
  years.
         (c)  The district's parking facilities are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (d)  The development and operation of the district's parking
  facilities may be considered an economic development program.
         Sec. 8150.110.  SPORTS AND COMMUNITY VENUE FACILITIES.
  (a)  The district may acquire, sell, lease as lessor or lessee,
  convey, construct, finance, develop, own, operate, maintain,
  acquire real property interests for, demolish, or reconstruct a
  sports and community venue facility.
         (b)  A sports and community venue facility authorized under
  this section includes:
               (1)  an arena, coliseum, stadium, or other type of area
  or facility that is used or is planned for use for one or more
  professional or amateur sports events, community events, other
  sports events, promotional events, and other civic or charitable
  events;
               (2)  a convention center facility or related
  improvement such as a convention center, civic center, civic center
  building, civic center hotel, auditorium, theater, opera house,
  music hall, exhibition hall, rehearsal hall, park, performing arts
  center, museum, aquarium, or plaza that is located in the vicinity
  of a convention center or facility owned by a municipality or a
  county; and
               (3)  a facility related to a sports and community venue
  facility, including a store, restaurant, on-site hotel,
  concession, or other on-site or off-site improvement that relates
  to and enhances the use, value, or appeal of a sports and community
  venue, including an area adjacent to the venue, and any other
  expenditure reasonably necessary to construct, improve, renovate,
  or expand a venue, including an expenditure for environmental
  remediation.
         SECTION 7.  Section 8150.151, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8150.151.  ROAD PROJECTS. (a)  As authorized by
  Section 52, Article III, Texas Constitution, the district may
  construct, acquire, improve, maintain, or operate, inside and
  outside the district, roads and road improvements [facilities as
  defined by Chapter 441, Transportation Code].
         (b)  The roads and road improvements [facilities] authorized
  by Subsection (a) may include drainage, landscaping, pedestrian
  improvements, lights, signs, or signals that are incidental to the
  roads and their construction, maintenance, or operation.
         (c)  The roads and road improvements [facilities] authorized
  by this section must meet all applicable construction standards,
  zoning and subdivision requirements, and regulatory ordinances of
  the city.
         (d)  On completion of a road or road improvement [facility]
  authorized by this section, the district, with the consent of the
  city, may convey the road or road improvement [facility] to the city
  if the conveyance is free of all indebtedness of the district.  If
  the city becomes the owner of a road or road improvement [facility],
  the city is responsible for all future maintenance and upkeep and
  the district has no further responsibility for the road or road
  improvement [facility] or its maintenance or upkeep, unless
  otherwise agreed to by the district and the city.
         SECTION 8.  Section 8150.153, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8150.153.  REIMBURSEMENT FOR ROAD PROJECT. (a)  The
  district may:
               (1)  reimburse a private person for money spent to
  construct a road or road improvement [facility] that is dedicated
  or otherwise transferred to public use; or
               (2)  purchase a road or road improvement [facility]
  constructed by a private person.
         (b)  The amount paid for the reimbursement or for the
  purchase of a road or road improvement [facility] under Subsection
  (a) may:
               (1)  include all construction costs, including
  engineering, legal, financing, and other expenses incident to the
  construction; or
               (2)  be at a price not to exceed the replacement cost of
  the road or road improvement [facility] as determined by the board.
         (c)  The reimbursement or purchase of a road or road
  improvement [facility] may be paid for with proceeds from the sale
  of the district's bonds or from any other money available to the
  district.
         (d)  The district may enter into an agreement to use the
  proceeds of a subsequent bond sale to reimburse a private person
  under this section.  The agreement may provide the terms and
  conditions under which the road or road improvement [facility] is
  to be dedicated or transferred for the benefit of the public.
         SECTION 9.  Subsection (a), Section 8150.201, Special
  District Local Laws Code, is amended to read as follows:
         (a)  The district may issue, without an election, bonds and
  other obligations secured by:
               (1)  revenue [or contract payments] from any source
  other than ad valorem taxation; or
               (2)  contract payments described by Section 8150.203.
         SECTION 10.  The heading to Section 8150.202, Special
  District Local Laws Code, is amended to read as follows:
         Sec. 8150.202.  OPERATION AND MAINTENANCE [AD VALOREM] TAX.
         SECTION 11.  Section 8150.202, Special District Local Laws
  Code, is amended by amending Subsection (a) and adding Subsection
  (c) to read as follows:
         (a)  If authorized by a majority of the district voters
  voting at an election held for that purpose [under Section
  8150.201], the district may impose an operation and maintenance
  [annual ad valorem] tax on taxable property in the district in
  accordance with Section 49.107, Water Code, for any district
  purpose, including to:
               (1)  operate and maintain the district;
               (2)  construct or acquire improvements; and
               (3)  provide a service [for the provision of services
  or for the maintenance and operation of the district, including the
  improvements constructed or acquired by the district].
         (c)  Section 49.107(h), Water Code, does not apply to the
  district.
         SECTION 12.  Subchapter E, Chapter 8150, Special District
  Local Laws Code, is amended by adding Sections 8150.203, 8150.204,
  8150.205, 8150.206, 8150.207, and 8150.208 to read as follows:
         Sec. 8150.203.  CONTRACT TAXES. (a)  In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
         Sec. 8150.204.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, or maintain
  any improvement or service authorized under this chapter or Chapter
  375, Local Government Code, using any money available to the
  district.
         Sec. 8150.205.  PETITION REQUIRED FOR FINANCING SERVICES AND
  IMPROVEMENTS WITH ASSESSMENTS. (a)  The board may not finance a
  service or improvement project with assessments under this chapter
  unless a written petition requesting that service or improvement
  has been filed with the board.
         (b)  The petition must be signed by the owners of a majority
  of the assessed value of real property in the district subject to
  assessment according to the most recent certified tax appraisal
  roll for the county.
         Sec. 8150.206.  METHOD OF NOTICE FOR HEARING. The district
  may mail the notice required by Section 375.115(c), Local
  Government Code, by certified or first class United States mail.
  The board shall determine the method of notice.
         Sec. 8150.207.  ASSESSMENTS; LIENS FOR ASSESSMENTS.
  (a)  The board by resolution may impose and collect an assessment
  under Subchapter F, Chapter 375, Local Government Code, for any
  purpose authorized by this chapter or Chapter 375, Local Government
  Code, in all or any part of the district.
         (b)  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, an expense of collection, and reasonable attorney's
  fees incurred by the district:
               (1)  are a first and prior lien against the property
  assessed;
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are the personal liability of and a charge against
  the owners of the property even if the owners are not named in the
  assessment proceedings.
         (c)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (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.
         Sec. 8150.208.  TAX AND ASSESSMENT ABATEMENTS.  The district
  may designate reinvestment zones and may grant abatements of a tax
  or assessment on property in the zones.
         SECTION 13.  Section 8150.251, Special District Local Laws
  Code, is amended by amending Subsection (a) and adding Subsection
  (c) to read as follows:
         (a)  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, assessments, impact
  fees, revenue, contract payments, grants, or other district money,
  or any combination of those sources, to pay for any authorized
  district purpose.
         (c)  The limitation on the outstanding principal amount of
  bonds, notes, and other obligations provided by Section 49.4645,
  Water Code, does not apply to the district.
         SECTION 14.  Section 8150.252, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8150.252.  TAXES FOR BONDS AND OTHER OBLIGATIONS. At
  the time the district issues bonds [or other obligations] payable
  wholly or partly from ad valorem taxes, [are issued:
               [(1)]  the board shall provide for the annual
  imposition of [impose] a continuing direct annual ad valorem tax,
  without limit as to rate or amount, while [for each year that] all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code[; and
               [(2)     the district annually shall impose the continuing
  direct annual 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].
         SECTION 15.  Subchapter F, Chapter 8150, Special District
  Local Laws Code, is amended by adding Section 8150.257 to read as
  follows:
         Sec. 8150.257.  APPROVAL OF CERTAIN BONDS BY TEXAS
  COMMISSION ON ENVIRONMENTAL QUALITY. Section 375.208, Local
  Government Code, applies to the district.
         SECTION 16.  (a)  The Imperial Redevelopment District may
  not exercise a power granted by Section 8150.105, 8150.106,
  8150.107, 8150.108, 8150.109, 8150.110, 8150.203, or 8150.208,
  Special District Local Laws Code, as added by this Act, until the
  governing body of the City of Sugar Land consents to the power by
  adopting a resolution or ordinance.  The governing body may consent
  to some or all of the sections through the resolution or ordinance.  
  The governing body may not modify a section.
         (b)  This section does not affect any consent or
  authorization granted by the City of Sugar Land to the Imperial
  Redevelopment District before the effective date of this Act.
         SECTION 17.  This Act does not affect bonds or other
  obligations issued before the effective date of this Act.  Bonds or
  other obligations issued before the effective date of this Act are
  governed by the law in effect when the bonds or other obligations
  were issued, and that law is continued in effect for that purpose.
         SECTION 18.  Sections 8150.253, 8150.255, and 8150.256,
  Special District Local Laws Code, are repealed.
         SECTION 19.  (a)  The legislature validates and confirms all
  acts and proceedings of the Board of Directors of the Imperial
  Redevelopment District that were taken before the effective date of
  this Act.
         (b)  Subsection (a) of 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
  judgment of a court; or
               (2)  has been held invalid by a final judgment of a
  court.
         SECTION 20.  (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 21.  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. 1880 passed the Senate on
  May 10, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1880 passed the House on
  May 23, 2011, by the following vote:  Yeas 142, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor