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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers, operations, and boundaries of The Woodlands |
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Township; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(b), Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(b) The legislature finds that the creation of the district |
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is essential to further the public purposes of the economic |
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development and diversification of the state, the elimination of |
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unemployment and underemployment, and the stimulation and |
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development of transportation and commerce; that it is in the |
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public interest; and that it will promote the health, safety, and |
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general welfare of residents, employers, employees, and consumers |
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in the district and of the general public. The provision by the |
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district of pedestrian facilities and systems, and transportation |
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facilities and systems that include motor vehicle, rail, trolley, |
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bus, bicycle, or waterborne vessel transportation, is a public |
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purpose. The present and prospective traffic congestion in the |
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district and the safety of pedestrians and the limited availability |
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of funds require the promotion and development of public |
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transportation and pedestrian facilities and systems by new and |
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alternative means, and the district will serve the public purpose |
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of securing expanded and improved transportation and pedestrian |
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facilities and systems. The district will provide needed funding |
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for the Town Center area to preserve, maintain, and enhance the |
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economic health and vitality of the area as a community and business |
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and commerce center. The district will further promote the health, |
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safety, welfare, education, convenience, and enjoyment of the |
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public by improving, landscaping, and developing certain areas |
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within and adjacent to the district and providing public services |
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and facilities within and adjacent to the district which are |
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necessary for the restoration, preservation, enhancement, and |
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enjoyment of scenic and aesthetic beauty. Each and all of the |
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improvement projects authorized by this Act are hereby found and |
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declared to be essential to carrying out a public purpose. The |
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district will not act as the agent or instrumentality of any private |
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interests, even though many private interests will be benefited by |
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the district as will the general public. |
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SECTION 2. Sections 7(t) and (v), Chapter 289, Acts of the |
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73rd Legislature, Regular Session, 1993, are amended to read as |
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follows: |
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(t) In order to promote business retention, sustain |
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employment, and prevent substandard and blighted housing |
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conditions, the district may: |
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(1) merge or consolidate with a qualified association |
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to carry out a function described by this subsection; |
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(1-a) except as otherwise provided by this subsection |
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and in the same manner as a qualified association, assume, accept an |
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assignment of, succeed to, or contract to undertake, exercise, or |
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perform: |
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(A) all or part of the rights, powers, |
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privileges, duties, responsibilities, assets, liabilities, and |
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obligations of a qualified association under community covenants; |
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(B) any contracts, agreements, leases, |
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commitments, loans, pledges, instruments of indebtedness, or other |
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undertakings with any person, regardless of whether the person is a |
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qualified association, in the exercise of the rights, powers, |
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privileges, duties, or responsibilities described by Paragraph |
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(A); |
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(C) the administration, enforcement, amendment, |
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supplementation, repeal, revocation, or rescission of a community |
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covenant as provided by the covenant; or |
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(D) the functions, duties, and responsibilities |
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of the board of directors of a qualified association, without the |
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necessity of electing or appointing members of the board of |
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directors of the qualified association; |
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(2) administer and perform procedures established in a |
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community covenant or a related agreement for the selection or |
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appointment of members or officers to committees, village |
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association governing bodies, or similar positions; |
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(3) arrange or contract with one or more |
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municipalities, political subdivisions, or nonprofit organizations |
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for the provision of services and facilities to all or part of the |
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territory in or adjacent to the district that are substantially |
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equivalent to the services or facilities provided by the district |
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or a qualified association in the district, provided that the |
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district may not transfer, assign, or abrogate responsibility for |
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the administration or enforcement of any land use restrictions or |
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negative covenants included in a community covenant that apply to |
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land in or adjacent to the district; |
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(4) own, acquire, construct, improve, repair, |
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rehabilitate, operate, maintain, lease, purchase, sell, dispose |
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of, encumber, abandon, or remove: |
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(A) any buildings, improvements, or facilities; |
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or |
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(B) any real, personal, or mixed property; and |
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(5) assess, charge, collect, pledge, encumber, and |
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apply any fees, rents, charges, or proceeds received for the use, |
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enjoyment, or disposition of a building, improvement, facility, or |
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property or for a service or facility. |
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(v) In this section: |
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(1) "Qualified association" means a nonprofit |
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property owners' association created and operated by or in a |
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planned community, as that term is defined by Section 43.0754, |
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Local Government Code. |
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(2) "Community covenant" means recorded land use |
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restrictions and covenants applicable to land in a planned |
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community, as that term is defined by Section 43.0754, Local |
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Government Code. |
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SECTION 3. Section 7, Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by adding |
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Subsections (ee) and (ff) to read as follows: |
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(ee) The district is an "endorsing municipality" for the |
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purposes of Chapter 1507 (S.B. 456), Acts of the 76th Legislature, |
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Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil |
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Statutes). |
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(ff) The district is entitled to receive a certified |
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appraisal roll, an estimate of the taxable value of property in the |
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district, and assistance in determining values of property in the |
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district in the manner provided by Section 26.01, Tax Code, for a |
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municipality. |
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SECTION 4. Section 7-a(c), Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(c) A description of [map or plat showing] the boundaries of |
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the district, as adjusted from time to time, shall be recorded in |
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the real property records of each county in which all or part of the |
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district is situated not later than the seventh day after the date |
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of each such boundary adjustment. The boundaries of the district |
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may be described by metes and bounds, plat, or reference to a |
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previously recorded instrument. |
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SECTION 5. Chapter 289, Acts of the 73rd Legislature, |
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Regular Session, 1993, is amended by adding Section 7I to read as |
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follows: |
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Sec. 7I. TRANSPORTATION PROJECTS, FACILITIES, PROGRAMS, |
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AND SERVICES. (a) The district may engage in and contract for |
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activities that accomplish the transportation purposes of the |
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district, including the acquisition, analysis, construction, |
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design, financing, investigation, implementation, improvement, |
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maintenance, operation, ownership, planning, provision, |
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relocation, repair, replacement, or study of improvement projects, |
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facilities, programs, and services in the district and in areas |
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adjacent to the district for: |
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(1) mass transportation; |
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(2) parking; |
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(3) pedestrian walkways; |
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(4) rail systems; |
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(5) traffic movement; |
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(6) transit terminals; |
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(7) waterborne transit; or |
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(8) other modes of transportation and mobility |
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enhancements that reduce congestion or promote or aid in the |
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circulation of traffic in the district and in areas adjacent to the |
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district. |
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(b) The district may apply for and receive state and federal |
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transportation funding, including grants or other assistance. The |
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district has the rights associated with the funding and may carry |
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out functions associated with the funding, as the designated |
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recipient or otherwise. |
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(c) The district may make an improvement to a boundary |
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highway and improve an assessment for that purpose in the manner |
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provided by Sections 313.022 and 313.046, Transportation Code, for |
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a municipality. |
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(d) The district may adopt and enforce by ordinary civil |
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remedies rules regarding access to and use of the district's |
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transportation projects, facilities, programs, and services. |
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(e) The district may charge a fare, fee, rate, toll, or |
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other charge for the use of a district project, facility, program, |
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or service. |
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SECTION 6. The legislature finds that the powers, |
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authority, and functions of the district authorized by this Act are |
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essential and beneficial to the district and to the state as a whole |
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as a program for promoting, facilitating, and accomplishing the |
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public purposes of Section 52-a, Article III, Texas Constitution, |
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by: |
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(1) promoting, sustaining, and advancing employment |
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and economic diversification and development in the state; |
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(2) sustaining and stimulating business in the state; |
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(3) conserving and sustaining property values and |
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living conditions in the state; |
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(4) promoting traffic circulation and public safety in |
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the state; |
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(5) promoting the development of parks, recreational |
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facilities, and cultural education in the state; and |
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(6) serving other purposes beneficial to the state. |
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SECTION 7. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |