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