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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and the board of the Harris County |
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Improvement District No. 12. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3880.002, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3880.002. NATURE OF DISTRICT; IMMUNITY. (a) The |
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Harris County Improvement District No. 12 is a special district |
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created under Section 59, Article XVI, Texas Constitution. |
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(b) The district is a governmental unit, as provided by |
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Section 375.004, Local Government Code. |
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(c) This chapter does not waive any governmental or |
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sovereign immunity from suit, liability, or judgment that would |
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otherwise apply to the district. |
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SECTION 2. Section 3880.004(d), Special District Local Laws |
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Code, is amended to read as follows: |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways, road facilities, |
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parking facilities, recreational facilities, and public art |
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objects and by landscaping and developing certain areas in the |
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district, which are necessary for the restoration, preservation, |
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and enhancement of scenic beauty; and |
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(4) provide for water, wastewater, and drainage[,
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road, and recreational] facilities for the district. |
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SECTION 3. Subchapter A, Chapter 3880, Special District |
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Local Laws Code, is amended by adding Section 3880.009 to read as |
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follows: |
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Sec. 3880.009. CONFLICTS OF LAW. This chapter prevails |
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over any provision of general law, including a provision of Chapter |
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375, Local Government Code, or Chapter 49, Water Code, that is in |
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conflict or inconsistent with this chapter. |
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SECTION 4. Subchapter B, Chapter 3880, Special District |
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Local Laws Code, is amended by adding Section 3880.057 to read as |
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follows: |
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Sec. 3880.057. QUALIFICATION OF DIRECTORS. (a) Section |
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49.052, Water Code, applies to the district. |
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(b) A director is not required to: |
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(1) own property in the district; |
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(2) own a beneficial interest in a trust that owns |
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property within the district; or |
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(3) be an agent, employee, or tenant of a person |
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covered by Subdivision (1) or (2). |
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SECTION 5. Section 3880.153, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3880.153. RULES. In addition to rules and regulations |
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adopted under the district's general rulemaking authority in |
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Section 375.096(c), Local Government Code, the [The] district may |
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adopt and enforce rules governing the district's public parking |
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facilities. |
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SECTION 6. Chapter 3880, Special District Local Laws Code, |
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is amended by adding Subchapter G to read as follows: |
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SUBCHAPTER G. DISSOLUTION |
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Sec. 3880.301. Notwithstanding Section 375.263(b), Local |
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Government Code, on dissolution of the district, the district's |
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assets escheat to the state. |
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SECTION 7. (a) The legislature confirms and validates all |
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actions of the Harris County Improvement District No. 12 that |
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relate to the bond and tax election held in the district on November |
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8, 2011. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 8. (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, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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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, the |
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lieutenant governor, and the speaker of the house of |
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representatives 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 9. 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. |