This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 1362
 
 
 
 
AN ACT
  relating to the powers and duties and composition of the board of
  directors of the Bridgeland Management District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3901.002, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3901.002.  CREATION AND NATURE OF DISTRICT; IMMUNITY.  
  (a)  The district is a special district created under Section 59,
  Article XVI, Texas Constitution.
         (b)  The district is a governmental unit, as provided by
  Section 375.004, Local Government Code. 
         (c)  This chapter does not waive any governmental or
  sovereign immunity from suit, liability, or judgment that would
  otherwise apply to the district.
         SECTION 2.  Section 3901.006(d), Special District Local Laws
  Code, is amended to read as follows:
         (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; and
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways, road facilities,
  transit facilities, parking facilities, conduit facilities and
  other enhanced infrastructure, recreational facilities, and public
  art objects and by landscaping and developing certain areas, which
  are necessary for the restoration, preservation, and enhancement of
  scenic beauty.
         SECTION 3.  Section 3901.008, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3901.008.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  
  All or any part of the area of the district is eligible to be
  included in one or more of the following:
               (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; or
               (4)  an industrial district created under Chapter 42,
  Local Government Code.
         SECTION 4.  Section 3901.011, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3901.011.  CONFLICTS OF LAW.  This chapter prevails
  over any provision of general law, including a provision of Chapter
  375, Local Government Code, or Chapter 49, Water Code, that is in
  conflict or inconsistent with this chapter.
         SECTION 5.  Subchapter B, Chapter 3901, Special District
  Local Laws Code, is amended by adding Section 3901.054 to read as
  follows:
         Sec. 3901.054.  DISQUALIFICATION OF DIRECTORS. Section
  49.052, Water Code, applies to the members of the board of the
  district.
         SECTION 6.  Section 3901.103, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3901.103.  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, Section 59, Article XVI, Texas Constitution,
  and any other law that applies to the district.
         SECTION 7.  Section 3901.104, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3901.104.  AUTHORITY FOR ROAD PROJECTS.  Under Section
  52, Article III, Texas Constitution, the district may own, operate,
  maintain, design, acquire, construct, finance, issue bonds, notes,
  or other obligations for, improve, and convey to this state, a
  county, or a municipality, for ownership, operation, and
  maintenance, macadamized, graveled, or paved roads or
  improvements, including storm drainage, in aid of those roads.
         SECTION 8.  Sections 3901.105(a) and (b), Special District
  Local Laws Code, are amended to read as follows:
         (a)  The district may [shall] convey a road project
  authorized by Section 3901.104 to:
               (1)  a [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 3901.104
  that the district implements and does [is] not convey to [approved
  by] a municipality, a county, or this state under Subsection (a).
         SECTION 9.  Section 3901.109, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3901.109.  LAW ENFORCEMENT SERVICES.  Section 49.216,
  Water Code, applies to the district [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].
         SECTION 10.  Section 3901.114, Special District Local Laws
  Code, is amended by amending Subsection (c) and adding Subsections
  (d) and (e) to read as follows:
         (c)  The district may include and exclude land as provided by
  Sections 54.739-54.747, Water Code.  A reference in those sections
  to a "tax" means an ad valorem tax for the purposes of this
  subsection.
         (d)  If the district adopts a sales and use tax authorized at
  an election held under Section 3901.252 and subsequently includes
  new territory in the district under this section, the district:
               (1)  is not required to hold another election to
  approve the imposition of the sales and use tax in the included
  territory; and
               (2)  shall impose the sales and use tax in the included
  territory as provided by Chapter 321, Tax Code.
         (e)  If the district adopts a sales and use tax authorized at
  an election held under Section 3901.252 and subsequently excludes
  territory in the district under this section, the sales and use tax
  is inapplicable to the excluded territory, as provided by Chapter
  321, Tax Code.
         SECTION 11.  Section 3901.153, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3901.153.  RULES.  In addition to rules and regulations
  adopted under the district's general rulemaking authority in
  Section 375.096(c), Local Government Code, the [The] district may
  adopt and enforce 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.
         SECTION 12.  Subchapter C-1, Chapter 3901, Special District
  Local Laws Code, is amended by adding Section 3901.156 to read as
  follows:
         Sec. 3901.156.  MASS TRANSIT SYSTEMS. This subchapter does
  not limit the authority of the district to provide mass transit
  systems under Chapter 375, Local Government Code.
         SECTION 13.  Chapter 3901, Special District Local Laws Code,
  is amended by adding Subchapter C-2 to read as follows:
  SUBCHAPTER C-2.  CONDUIT FACILITIES
         Sec. 3901.171.  CONDUIT FACILITIES. (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 district
  conduit for a purpose described by Subsection (a)(1) or another
  telecommunications purpose.
         SECTION 14.  Section 3901.204(a), Special District Local
  Laws Code, is amended to read as follows:
         (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 regardless of whether the part of the district
  where the assessment is to be imposed is subject to an assessment
  previously imposed by the board.
         SECTION 15.  Subchapter D, Chapter 3901, Special District
  Local Laws Code, is amended by adding Section 3901.209 to read as
  follows:
         Sec. 3901.209.  AUDIT EXEMPTION. (a)  The district may
  elect to complete an annual financial report in lieu of an annual
  audit under Section 375.096(a)(6), Local Government Code, if:
               (1)  the district had no bonds or other long-term (more
  than one year) liabilities outstanding during the fiscal period;
               (2)  the district did not have gross receipts from
  operations, loans, taxes, assessments, or contributions in excess
  of $250,000 during the fiscal period; and
               (3)  the district's cash and temporary investments were
  not in excess of $250,000 during the fiscal period.
         (b)  Each annual financial report prepared in accordance
  with this section must be open to public inspection and accompanied
  by an affidavit signed by a duly authorized representative of the
  district attesting to the accuracy and authenticity of the
  financial report.
         (c)  The annual financial report and affidavit shall be
  substantially similar in form to the annual financial report and
  affidavit forms prescribed by the executive director of the Texas
  Commission on Environmental Quality under Section 49.198, Water
  Code.
         SECTION 16.  The change in law made by Section 3901.054,
  Special District Local Laws Code, as added by this Act, does not
  affect the entitlement of a member serving on the board of directors
  of the Bridgeland Management District immediately before the
  effective date of this Act to continue to carry out the board's
  functions for the remainder of the member's term. The change in law
  applies only to a member elected on or after the effective date of
  this Act.
         SECTION 17.  (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, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  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 are fulfilled
  and accomplished.
         SECTION 18.  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, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1362 passed the Senate on
  May 15, 2015, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1362 passed the House on
  May 27, 2015, by the following vote:  Yeas 144, Nays 0,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor