Bill Text: TX HB4150 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the powers and the board of the Harris County Improvement District No. 12.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-05-14 - Left pending in committee [HB4150 Detail]

Download: Texas-2015-HB4150-Introduced.html
  84R17719 JXC-F
 
  By: Miles H.B. No. 4150
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and the board of the Harris County
  Improvement District No. 12.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3880.002, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3880.002.  NATURE OF DISTRICT; IMMUNITY. (a) The
  Harris County Improvement District No. 12 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 3880.004(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;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways, road facilities,
  parking facilities, recreational facilities, and public art
  objects and by landscaping and developing certain areas in the
  district, which are necessary for the restoration, preservation,
  and enhancement of scenic beauty; and
               (4)  provide for water, wastewater, and drainage[,
  road, and recreational] facilities for the district.
         SECTION 3.  Subchapter A, Chapter 3880, Special District
  Local Laws Code, is amended by adding Section 3880.009 to read as
  follows:
         Sec. 3880.009.  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 4.  Subchapter B, Chapter 3880, Special District
  Local Laws Code, is amended by adding Section 3880.057 to read as
  follows:
         Sec. 3880.057.  QUALIFICATION OF DIRECTORS. (a) Section
  49.052, Water Code, applies to the district.
         (b)  A director is not required to:
               (1)  own property in the district;
               (2)  own a beneficial interest in a trust that owns
  property within the district; or
               (3)  be an agent, employee, or tenant of a person
  covered by Subdivision (1) or (2).
         SECTION 5.  Section 3880.153, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3880.153.  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 governing the district's public parking
  facilities.
         SECTION 6.  Chapter 3880, Special District Local Laws Code,
  is amended by adding Subchapter G to read as follows:
  SUBCHAPTER G. DISSOLUTION
         Sec. 3880.301.  Notwithstanding Section 375.263(b), Local
  Government Code, on dissolution of the district, the district's
  assets escheat to the state.
         SECTION 7.  (a)  The legislature confirms and validates all
  actions of the Harris County Improvement District No. 12 that
  relate to the bond and tax election held in the district on November
  8, 2011.
         (b)  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 court
  judgment; or
               (2)  has been held invalid by a final court judgment.
         SECTION 8.  (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 9.  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.
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