H.B. No. 3860
 
 
 
 
AN ACT
  relating to the creation of the Generation Park Management
  District; providing authority to issue bonds; providing authority
  to impose assessments, fees, or taxes.
         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 3916 to read as follows:
  CHAPTER 3916. GENERATION PARK MANAGEMENT DISTRICT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3916.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Houston, Texas.
               (3)  "Commission" means the Texas Commission on
  Environmental Quality.
               (4)  "County" means Harris County.
               (5)  "Director" means a board member.
               (6)  "District" means the Generation Park Management
  District.
         Sec. 3916.002.  CREATION AND NATURE OF DISTRICT.  The
  Generation Park Management District is a special district created
  under Section 59, Article XVI, Texas Constitution.
         Sec. 3916.003.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED. The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 3916.004.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section 3916.003
  until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district.
         Sec. 3916.005.  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, the legislature has established
  a program to accomplish the public purposes set out in Sections 52
  and 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, the county, or another
  governmental entity from providing the level of services provided
  as of the effective date of the Act enacting this chapter to the
  area in the district. The district is created to supplement and not
  to supplant governmental services provided in the district.
         Sec. 3916.006.  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, 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;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways, road facilities,
  enhanced infrastructure, and recreational facilities and by
  landscaping and developing certain areas, which are necessary for
  the restoration, preservation, and enhancement of scenic and
  aesthetic beauty; and
               (4)  provide for water, wastewater, drainage, road,
  rail, and recreational facilities for the district.
         (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 and other improvements
  located in or adjacent to road rights-of-way are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         Sec. 3916.007.  DISTRICT TERRITORY.  (a)  The district is
  initially composed of the territory described by Section 2 of the
  Act enacting this chapter.
         (b)  The boundaries and field notes of the district contained
  in Section 2 of the Act enacting this chapter form a closure. A
  mistake in the field notes or in copying the field notes in the
  legislative process does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bonds, notes, or other
  obligations for a purpose for which the district is created or to
  pay the principal of and interest on the bonds, notes, or other
  obligations;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3916.008.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  
  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created under
  Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code;
               (3)  an enterprise zone created under Chapter 2303,
  Government Code;
               (4)  a foreign trade zone created under Chapter 681,
  Business & Commerce Code; or
               (5)  an industrial district created under Chapter 42,
  Local Government Code.
         Sec. 3916.009.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW.  Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3916.010.  CONSTRUCTION OF CHAPTER. This chapter shall
  be liberally construed in conformity with the findings and purposes
  stated in this chapter.
         Sec. 3916.011.  CONFLICTS OF LAW. This chapter prevails
  over any provision of general law, including a provision of Chapter
  375, Local Government Code, that is in conflict or inconsistent
  with this chapter.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3916.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five directors elected as provided by this
  chapter and Subchapter D, Chapter 49, Water Code.
         (b)  Except as provided by Section 3916.053, directors serve
  staggered four-year terms.
         Sec. 3916.052.  COMPENSATION.  A director is entitled to
  receive fees of office and reimbursement for actual expenses as
  provided by Section 49.060, Water Code. Sections 375.069 and
  375.070, Local Government Code, do not apply to the board.
         Sec. 3916.053.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act creating this chapter, the owner or owners
  of a majority of the assessed value of the real property in the
  district according to the most recent certified tax appraisal roll
  for the county may submit a petition to the commission requesting
  that the commission appoint as temporary directors the five persons
  named in the petition. On request of the member of the state house
  of representatives in whose legislative district the largest
  percentage of the district is located, the owner or owners must
  include in the petition the name of a person designated by the
  representative. The commission shall appoint as temporary
  directors the five persons named in the petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 3916.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (c)  If permanent directors have not been elected under
  Section 3916.003 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 3916.003; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  according to the most recent certified tax appraisal roll for the
  county may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition. On request of the member of the
  state house of representatives in whose legislative district the
  largest percentage of the district is located, the owner or owners
  must include in the petition the name of a person designated by the
  representative.  The commission shall appoint as successor
  temporary directors the five persons named in the petition.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3916.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3916.102.  IMPROVEMENT PROJECTS AND SERVICES. (a) The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service using any 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 project or service authorized under this chapter or
  under Chapter 375, Local Government Code.
         (b)  An improvement project described by Subsection (a) may
  be located inside or outside the district.
         Sec. 3916.103.  RECREATIONAL FACILITIES.  The district may
  develop or finance recreational facilities as authorized by Chapter
  375, Local Government Code, Sections 52 and 52-a, Article III,
  Texas Constitution, and any other law that applies to the district.
         Sec. 3916.104.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds, notes, or other
  obligations for, improve, and convey to this state, a county, or a
  municipality for operation and maintenance macadamized, graveled,
  or paved roads or improvements, including storm drainage and other
  improvements located in or adjacent to road rights-of-way, in aid
  of those roads.
         Sec. 3916.105.  CONVEYANCE AND APPROVAL OF ROAD PROJECT.
  (a) The district shall convey a road project authorized by Section
  3916.104 to:
               (1)  the municipality or county that will operate and
  maintain the road if the municipality or county has approved the
  plans and specifications of the road project; or
               (2)  the state if the state will operate and maintain
  the road and the Texas Transportation Commission has approved the
  plans and specifications of the road project.
         (b)  Except as provided by Subsection (c), the district shall
  operate and maintain a road project authorized by Section 3916.104
  that the district implements and is not approved by a municipality,
  a county, or this state under Subsection (a).
         (c)  The district may agree in writing with a municipality, a
  county, or this state to assign operation and maintenance duties to
  the district, the municipality, the county, or this state in a
  manner other than the manner described in Subsections (a) and (b).
         Sec. 3916.106.  RAIL FACILITIES. In addition to the powers
  granted under Section 375.0921(b), Local Government Code, and under
  Section 3916.151, the district may construct, acquire, improve,
  maintain, finance, and operate rail facilities and improvements in
  aid of those facilities for the transport of freight and other
  cargo.
         Sec. 3916.107.  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. 3916.108.  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. 3916.109.  AGREEMENTS; GRANTS.  (a)  As provided by
  Chapter 375, Local Government Code, the district may make an
  agreement with or accept a gift, grant, or loan from any person.
         (b)  The implementation of a project is a governmental
  function or service for the purposes of Chapter 791, Government
  Code.
         Sec. 3916.110.  LAW ENFORCEMENT SERVICES.  To protect the
  public interest, the district may contract with a qualified party,
  including the county or the city, to provide law enforcement
  services in the district for a separate fee or as otherwise provided
  by the contract.
         Sec. 3916.111.  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. 3916.112.  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;
               (2)  Chapter 381, Local Government Code, provides to a
  county; and
               (3)  Subchapter A, Chapter 1509, Government Code,
  provides to a municipality.
         Sec. 3916.113.  STRATEGIC PARTNERSHIP AGREEMENT. The
  district may negotiate and enter into a written strategic
  partnership agreement with the city under Section 43.0751, Local
  Government Code.
         Sec. 3916.114.  REGIONAL PARTICIPATION AGREEMENT.  The
  district may negotiate and enter into a written regional
  participation agreement with the city under Section 43.0754, Local
  Government Code.
         Sec. 3916.115.  ANNEXATION OR EXCLUSION OF LAND.  (a) The
  district may annex land as provided by Subchapter J, Chapter 49,
  Water Code.
         (b)  The district may exclude land as provided by Subchapter
  J, Chapter 49, Water Code. Section 375.044(b), Local Government
  Code, does not apply to the district.
         (c)  After the district is organized and has obtained voter
  approval for the issuance of, or has sold, bonds payable wholly or
  partly from ad valorem taxes, the district may include and exclude
  land as provided by this section and Sections 54.740-54.747, Water
  Code. To the extent of a conflict between this subsection and
  Section 54.739, Water Code, this subsection controls.
         (d)  If the district has any outstanding bonds or contract
  obligations payable wholly or partly by a pledge of net revenues
  from the ownership or operation of the district's facilities at the
  time the board considers an application under Sections
  54.740-54.747, Water Code, the lands proposed for inclusion shall
  be considered to be sufficient to avoid an impairment of the
  security for payment of obligations of the district if the
  projected net revenue to be derived from the lands to be included
  during the succeeding 12-month period, as determined by the
  district's engineer, equals or exceeds the projected net revenue
  that would otherwise have been derived from the lands to be excluded
  during the same period. To the extent of a conflict between this
  subsection and Section 54.744, Water Code, this subsection
  controls.
         Sec. 3916.116.  APPLICABILITY OF OTHER LAW TO CERTAIN
  CONTRACTS. (a) Subchapter I, Chapter 49, Water Code, applies to a
  district contract for construction work, equipment, materials, or
  machinery. The district may use a project delivery method described
  by Subchapter I, Chapter 49, Water Code, or Chapter 2267,
  Government Code.
         (b)  Sections 375.221 and 375.223, Local Government Code, do
  not apply to the district.
         Sec. 3916.117.  TERMS OF EMPLOYMENT; COMPENSATION. The board
  may employ and establish the terms of employment and compensation
  of an executive director or general manager and any other district
  employees the board considers necessary.
         Sec. 3916.118.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER C-1. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
         Sec. 3916.151.  PUBLIC TRANSIT SYSTEM; PETITION REQUIRED.
  (a)  The district may acquire, lease as lessor or lessee, construct,
  develop, own, operate, and maintain a public transit system to
  serve the area in the district.
         (b)  The board may not act under Subsection (a) unless a
  written petition requesting the action has been filed with the
  board.
         (c)  The petition must be signed by:
               (1)  the owners of property representing a majority of
  the total assessed value of the real property in the district that
  abuts the right-of-way in which the public transit system is
  proposed to be located; or
               (2)  the owners of a majority of the area of the real
  property in the district that abuts the right-of-way in which the
  public transit system is proposed to be located.
         (d)  For purposes of Subsection (c), the determination of a
  majority is based on the property owners along the entire
  right-of-way of the proposed transit project and may not be
  calculated on a block-by-block basis.
         Sec. 3916.152.  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. 3916.153.  RULES. The district may adopt rules
  covering its public transit system or its public parking
  facilities, except that a rule relating to or affecting the use of
  the public right-of-way or a requirement for off-street parking is
  subject to all applicable county requirements.
         Sec. 3916.154.  FEES. The district may set the amount of and
  impose a fee for the use of the district's public transit system and
  parking facilities.
         Sec. 3916.155.  AGREEMENT WITH RAPID TRANSIT AUTHORITY. (a)
  In this section, "authority" means a rapid transit authority
  created under Chapter 451, Transportation Code.
         (b)  The district and an authority may agree to jointly
  construct, own, operate, and maintain a transit facility or a
  parking facility under the terms the authority and district desire.
         (c)  The agreement may provide that the district and the
  authority exchange or trade land provided that each party to the
  agreement receives fair market value. The authority is not required
  to offer any property that it proposes to trade to the district for
  sale to the public or for sale to any abutting property owner.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3916.201.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, maintain, or
  provide any improvement or service authorized under this chapter or
  Chapter 375, Local Government Code, using any money available to
  the district.
         Sec. 3916.202.  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:
               (1)  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; or
               (2)  at least 50 persons who own real property in the
  district subject to assessment, if more than 50 persons own real
  property in the district according to the most recent certified tax
  appraisal roll for the county.
         Sec. 3916.203.  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. 3916.204.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
  board by resolution may impose and collect an assessment for any
  purpose authorized by this chapter in all or any part of the
  district without regard to whether that area is already subject to
  or overlaps with an area of the district that is subject to a prior
  assessment imposed by the board.
         (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 are:
               (1)  a first and prior lien against the property
  assessed;
               (2)  superior to any other lien or claim other than a
  lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  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. 3916.205.  TAX AND ASSESSMENT ABATEMENTS. The district
  may designate reinvestment zones and may grant abatements of a tax
  or assessment on property in the zones.
         Sec. 3916.206.  UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
  The district may not impose an assessment on the property,
  including the equipment, rights-of-way, facilities, or
  improvements, of:
               (1)  an electric utility or a power generation company
  as defined by Section 31.002, Utilities Code;
               (2)  a gas utility as defined by Section 101.003 or
  121.001, Utilities Code;
               (3)  a telecommunications provider as defined by
  Section 51.002, Utilities Code; or
               (4)  a person who provides to the public cable
  television or advanced telecommunications services.
         Sec. 3916.207.  CONDUITS.  (a)  The district may finance,
  acquire, construct, improve, operate, maintain, or charge a fee for
  the use of conduits for:
               (1)  fiber-optic cable and supporting facilities;
               (2)  electronic transmission and distribution lines
  and supporting facilities; or
               (3)  other types of transmission and distribution lines
  and supporting facilities.
         (b)  The district may not require a person to use a conduit
  for a purpose described by Subsection (a)(1) or for any other
  telecommunications purpose.
         Sec. 3916.208.  RESIDENTIAL PROPERTY. Section 375.161,
  Local Government Code, does not apply to:
               (1)  a tax imposed by the district; or
               (2)  a required payment for a service provided by the
  district, including water and sewer service.
         Sec. 3916.209.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 3916.213, the district
  may impose an annual operation and maintenance 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; or
               (3)  provide a service.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         (c)  Section 49.107(h), Water Code, does not apply to the
  district.
         Sec. 3916.210.  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. 3916.211.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
  AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
  determined by the board.
         (b)  The district may by competitive bid or negotiated sale
  issue bonds, notes, or other obligations payable wholly or partly
  from taxes, including ad valorem taxes, or assessments, fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources of money, to pay for any authorized
  district purpose.
         (c)  In addition to any other terms authorized by the board
  by bond order or resolution, the proceeds of the district's bonds
  may be used for a reserve fund, credit enhancement, or capitalized
  interest for the bonds.
         (d)  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.
         Sec. 3916.212.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 3916.213.  ELECTIONS REGARDING TAXES AND BONDS. (a)
  The district may issue, without an election, bonds, notes, and
  other obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 3916.210.
         (b)  The district must hold an election in the manner
  provided by Subchapter L, Chapter 375, Local Government Code, to
  obtain voter approval before the district may impose an ad valorem
  tax or sales and use tax or issue bonds payable from ad valorem
  taxes.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         (d)  All or any part of any facilities or improvements that
  may be acquired by a district by the issuance of district bonds may
  be included in one single proposition to be voted on at the
  election or the bonds may be submitted in several propositions.
         Sec. 3916.214.  MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
  OBLIGATIONS.  Except as provided by Section 375.263, Local
  Government Code, a municipality is not required to pay a bond,
  note, or other obligation of the district.
  SUBCHAPTER E. DEFINED AREAS
         Sec. 3916.226.  AUTHORITY TO ESTABLISH DEFINED AREAS OR
  DESIGNATED PROPERTY. The district may define areas or designate
  certain property of the district to pay for improvements,
  facilities, or services that primarily benefit that area or
  property and do not generally and directly benefit the district as
  a whole.
         Sec. 3916.227.  PROCEDURE FOR ELECTION.  (a)  Before the
  district may impose an ad valorem tax or issue bonds payable from ad
  valorem taxes of the defined area or designated property, the board
  shall hold an election in the defined area or in the designated
  property only.
         (b)  The election shall be conducted as provided by Section
  3916.213.
         (c)  The board may submit the issues to the voters on the same
  ballot to be used in another election.
         Sec. 3916.228.  DECLARING RESULT AND ISSUING ORDER. (a) If a
  majority of the voters voting at the election approve the
  proposition or propositions, the board shall declare the results
  and, by order, shall establish the defined area and describe it by
  metes and bounds or designate the specific property.
         (b)  A court may not review the board's order except on the
  ground of fraud, palpable error, or arbitrary and confiscatory
  abuse of discretion.
         Sec. 3916.229.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY.  On voter
  approval and adoption of the order described by Section 3916.228,
  the district may apply separately, differently, equitably, and
  specifically its taxing power and lien authority to the defined
  area or designated property to provide money to construct,
  administer, maintain, and operate services, improvements, and
  facilities that primarily benefit the defined area or designated
  property.
         Sec. 3916.230.  ISSUANCE OF BONDS FOR DEFINED AREA OR
  DESIGNATED PROPERTY. After the order under Section 3916.228 is
  adopted, the district may issue bonds to provide for any land,
  improvements, facilities, plants, equipment, and appliances for
  the defined area or designated property.
  SUBCHAPTER F. SALES AND USE TAX
         Sec. 3916.251.  APPLICABILITY OF CERTAIN TAX CODE
  PROVISIONS.  (a)  Chapter 321, Tax Code, governs the imposition,
  computation, administration, enforcement, and collection of the
  sales and use tax authorized by this subchapter except to the extent
  Chapter 321, Tax Code, is inconsistent with this chapter.
         (b)  A reference in Chapter 321, Tax Code, to a municipality
  or the governing body of a municipality is a reference to the
  district or the board, respectively.
         Sec. 3916.252.  ELECTION; ADOPTION OF TAX. (a) The district
  may adopt a sales and use tax if authorized by a majority of the
  voters of the district voting at an election held for that purpose.
         (b)  The board by order may call an election to authorize the
  adoption of the sales and use tax. The election may be held on any
  uniform election date and in conjunction with any other district
  election.
         (c)  The ballot shall be printed to provide for voting for or
  against the proposition: "Authorization of a sales and use tax in
  the Generation Park Management District at a rate not to exceed ____
  percent" (insert rate of one or more increments of one-eighth of one
  percent).
         Sec. 3916.253.  SALES AND USE TAX RATE. (a) On or after the
  date the results are declared of an election held under Section
  3916.252, at which the voters approved imposition of the tax
  authorized by this subchapter, the board shall determine and adopt
  by resolution or order the initial rate of the tax, which must be in
  one or more increments of one-eighth of one percent.
         (b)  After the election held under Section 3916.252, the
  board may increase or decrease the rate of the tax by one or more
  increments of one-eighth of one percent.
         (c)  The initial rate of the tax or any rate resulting from
  subsequent increases or decreases may not exceed the lesser of:
               (1)  the maximum rate authorized by the district voters
  at the election held under Section 3916.252; or
               (2)  a rate that, when added to the rates of all sales
  and use taxes imposed by other political subdivisions with
  territory in the district, would result in the maximum combined
  rate prescribed by Section 321.101(f), Tax Code, at any location in
  the district.
         Sec. 3916.254.  TAX AFTER ANNEXATION.  (a)  This section
  applies to the district after a municipality annexes part of the
  territory in the district and imposes the municipality's sales and
  use tax in the annexed territory.
         (b)  If at the time of annexation the district has
  outstanding debt or other obligations payable wholly or partly
  from district sales and use tax revenue, Section 321.102(g), Tax
  Code, applies to the district.
         (c)  If at the time of annexation the district does not have
  outstanding debt or other obligations payable wholly or partly from
  district sales and use tax revenue, the district may:
               (1)  exclude the annexed territory from the district,
  if the district has no outstanding debt or other obligations
  payable from any source; or
               (2)  reduce the sales and use tax in the annexed
  territory by resolution or order of the board to a rate that, when
  added to the sales and use tax rate imposed by the municipality in
  the annexed territory, is equal to the sales and use tax rate
  imposed by the district in the district territory that was not
  annexed by the municipality.
         Sec. 3916.255.  NOTIFICATION OF RATE CHANGE. The board
  shall notify the comptroller of any changes made to the tax rate
  under this subchapter in the same manner the municipal secretary
  provides notice to the comptroller under Section 321.405(b), Tax
  Code.
         Sec. 3916.256.  USE OF REVENUE. Revenue from the sales and
  use tax imposed under this subchapter is for the use and benefit of
  the district and may be used for any district purpose.  The district
  may pledge all or part of the revenue to the payment of bonds,
  notes, or other obligations, and that pledge of revenue may be in
  combination with other revenue, including tax revenue, available to
  the district.
         Sec. 3916.257.  ABOLITION OF TAX. (a) Except as provided by
  Subsection (b), the board may abolish the tax imposed under this
  subchapter without an election.
         (b)  The board may not abolish the tax imposed under this
  subchapter if the district has outstanding debt secured by the tax,
  and repayment of the debt would be impaired by the abolition of the
  tax.
         (c)  If the board abolishes the tax, the board shall notify
  the comptroller of that action in the same manner the municipal
  secretary provides notice to the comptroller under Section
  321.405(b), Tax Code.
         (d)  If the board abolishes the tax or decreases the tax rate
  to zero, a new election to authorize a sales and use tax must be
  held under Section 3916.252 before the district may subsequently
  impose the tax.
         (e)  This section does not apply to a decrease in the sales
  and use tax authorized under Section 3916.254(c)(2).
  SUBCHAPTER G. HOTEL OCCUPANCY TAX
         Sec. 3916.301.  DEFINITION. In this subchapter, "hotel" has
  the meaning assigned by Section 156.001, Tax Code.
         Sec. 3916.302.  APPLICABILITY OF CERTAIN TAX CODE
  PROVISIONS. (a) In this subchapter:
               (1)  a reference in Subchapter A, Chapter 352, Tax
  Code, to a county is a reference to the district; and
               (2)  a reference in Subchapter A, Chapter 352, Tax
  Code, to the commissioners court is a reference to the board.
         (b)  Except as inconsistent with this subchapter, Subchapter
  A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
  by this subchapter, including the collection of the tax, subject to
  the limitations prescribed by Sections 352.002(b) and (c), Tax
  Code.
         Sec. 3916.303.  TAX AUTHORIZED; USE OF REVENUE. The district
  may impose a hotel occupancy tax for any purpose described by
  Section 351.101 or 352.101, Tax Code.
         Sec. 3916.304.  TAX RATE.  (a)  The amount of the hotel
  occupancy tax may not exceed the lesser of:
               (1)  the maximum rate prescribed by Section 352.003(a),
  Tax Code; or
               (2)  a rate that, when added to the rates of all hotel
  occupancy taxes imposed by other political subdivisions with
  territory in the district and by this state, does not exceed the sum
  of the rate prescribed by Section 351.0025(b), Tax Code, and two
  percent.
         (b)  The district tax is in addition to a tax imposed by the
  city under Chapter 351, Tax Code, or by the county under Chapter
  352, Tax Code.
         Sec. 3916.305.  INFORMATION.  The district may examine and
  receive information related to the imposition of hotel occupancy
  taxes to the same extent as if the district were a county.
         Sec. 3916.306.  USE OF REVENUE. The district may use revenue
  from the hotel occupancy tax for any district purpose that is an
  authorized use of hotel occupancy tax revenue under Chapter 351 or
  352, Tax Code. The district may pledge all or part of the revenue to
  the payment of bonds, notes, or other obligations and that pledge
  of revenue may be in combination with other revenue available to
  the district.
         Sec. 3916.307.  ABOLITION OF TAX. (a) Except as provided by
  Subsection (b), the board may abolish the tax imposed under this
  subchapter.
         (b)  The board may not abolish the tax imposed under this
  subchapter if the district has outstanding debt secured by the tax,
  and repayment of the debt would be impaired by the abolition of the
  tax.
  SUBCHAPTER H. DISSOLUTION AND CONSOLIDATION
         Sec. 3916.351.  DISSOLUTION OF DISTRICT WITH OUTSTANDING
  DEBT. (a) The board may dissolve the district regardless of whether
  the district has debt. Section 375.264, Local Government Code, does
  not apply to the district.
         (b)  If the district has debt when it is dissolved, the
  district shall remain in existence solely for the purpose of
  discharging its debts. The dissolution is effective when all debts
  have been discharged.
         Sec. 3916.352.  CONSOLIDATION.  In addition to any other
  provision provided by law, including Subchapter M, Chapter 375,
  Local Government Code, the district and one or more other districts
  governed by Chapter 54, Water Code, may be consolidated in
  accordance with Subchapter H, Chapter 54, Water Code.
         SECTION 2.  The Generation Park Management District
  initially includes all the territory contained in the following
  area:
         All that certain 316.448 acres of land out of the 1804.19 acre
  tract described in the deed from Robert C. Hux, et al to FRM N.E.
  Belt Venture #1, Ltd. recorded under File No. T107162, in the
  Official Public Records of Real Property of Harris County, Texas,
  in the Victor Blanco Survey, A-2, Harris County, Texas, and more
  particularly described by metes and bounds as follows: (All
  bearings based on Texas State Plane Coordinate System, South
  Central Zone)
         BEGINNING at the northwest corner of the herein described
  tract, common to a found 5/8" iron rod, in the north line of said
  1804.19 acre tract, and in the east right-of-way line of Beltway 8
  (East Loop) (R.O.W. Varies);
         THENCE North 88° 05' 36" East - 1783.65' along said north line
  to the northeast corner of the herein described tract from which a
  brass disc in concrete found for the northeast corner of said
  1804.19 acre tract in the west right-of-way line of Lake Houston
  Parkway (300' R.O.W.) bears North 88° 05' 36" East - 9564.04';
         THENCE South 34° 50' 50" East - 591.18' to an angle corner of
  the herein described tract;
         THENCE South 29° 23' 48" West - 1130.88' to an angle corner of
  the herein described tract;
         THENCE South 34° 39' 21" East - 222.10' to an angle corner of
  the herein described tract;
         THENCE South 71° 53' 22" East - 251.89' to an angle corner of
  the herein described tract;
         THENCE South 24° 02' 14" East - 689.83' to an angle corner of
  the herein described tract;
         THENCE South 03° 49' 02" West - 1177.11' to an angle corner of
  the herein described tract;
         THENCE South 22° 34' 05" East - 893.29' to an angle corner of
  the herein described tract;
         THENCE South 55° 11' 23" West - 1634.61' to an angle corner of
  the herein described tract;
         THENCE South 77° 29' 40" East - 2386.24' to the southeast
  corner of the herein described tract the south line of the aforesaid
  1804.19 acre tract;
         THENCE South 87° 35' 19" West - 535.60' along said south line
  to an angle corner of the herein described tract
         THENCE South 87° 31' 04" West - 3522.50', along said south
  line to a 5/8" iron rod found in the east right-of-way line of
  aforesaid Beltway 8, common to the southwest corner of the herein
  described tract, common to a point on a curve to the right, having a
  central angle of 02° 21' 08", a radius of 2614.79', and from which
  the center of the circle of said curve bears South 86° 23' 17" East;
         THENCE along said curve to the right, along said east
  right-of-way line, in a northerly direction, an arc distance of
  107.35' to the end of curve;
         THENCE North 05° 42' 21" East - 5848.90' to the POINT OF
  BEGINNING of the herein described tract and containing 316.448
  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, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3860 was passed by the House on May
  14, 2013, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3860 on May 24, 2013, by the following vote:  Yeas 144, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3860 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor