HBA-MSH H.B. 2295 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2295
By: Woolley
County Affairs
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

The Harris County Improvement District No. 1 (district) was created in
1987.  Since that time, numerous other municipal management districts have
been created and statutes have been passed governing their general
operation.  Prior to the 77th Legislature, the district was not able to
meet its obligation and accomplish its goals in the same manner as other
municipal management districts.  House Bill 2295 applies existing statutes
relating to  municipal management districts to the district and authorizes
the district to impose an ad valorem property tax, assessment, or impact
fee, create a nonprofit corporation, charge fees for the use of certain
conduits, and annex certain territories. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2295 amends law to provide that the Harris County Improvement
District No. 1 (district) has the rights, powers, privileges, authority,
and functions of a municipal management district.  The bill authorizes the
district to impose an ad valorem tax, assessment, or impact fee to provide
improvements or services if a written petition has been filed with the
board of directors of the district (board), requesting those improvements
or services signed by the owners of 50 percent or more of the assessed
value of the property in the district or 25 owners of property in the
district if there are more than 25 persons who own property in the
district. 

The bill authorizes the board to create by resolution a nonprofit
corporation to assist and act on behalf of the district in implementing a
project or providing a service of the district and requires the board to
appoint the board of directors of the nonprofit corporation.  The bill
authorizes the district to finance, acquire, construct, improve, operate,
maintain, or charge fees for the use of its own conduits for fiber-optic
cable, electronic transmission lines, or other types of transmission lines
and supporting facilities and finance, acquire, construct, improve,
operate, or maintain conference centers and supporting facilities.  The
bill authorizes the district to annex territory in accordance with
provisions relating to general and special law districts, subject to the
approval of the Houston city council.  The bill also authorizes the
district to annex territory located inside the boundaries of a reinvestment
zone only if a majority of the qualified voters in the area that the
district wants to annex approve the annexation and the assumption of the
bonds and taxes of the district.  The bill validates and confirms all
previous governmental acts and proceedings of the district and the
district's board of directors, but not any matter that is involved in
litigation if the litigation results in the matter being held invalid or
any matter that has already been held invalid. 

EFFECTIVE DATE

June 17, 2001.