81R5113 ATP-D
By: Ortiz, Jr. H.B. No. 1258
A BILL TO BE ENTITLED
AN ACT
relating to the cities or counties that may create a cultural
education facilities finance corporation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4(d), Cultural Education Facilities
Finance Corporation Act (Article 1528m, Vernon's Texas Civil
Statutes), is amended to read as follows:
(d) Regardless of any provision in Chapter 221, Health and
Safety Code, or Chapter 53, Education Code, the authority of the
corporation may be exercised inside or outside the limits of the
city that created the corporation if the city is located in a county
with a population of more than 300,000 [400,000] or inside or
outside the limits of the county that created the corporation if the
county has a population of more than 300,000 [400,000]. The
authority may be exercised without the consent or other action of
any person that would otherwise be required under Chapter 221,
Health and Safety Code, or Chapter 53, Education Code, unless the
articles of incorporation or bylaws of the corporation provide
differently. The authority of a corporation under this section
shall not preempt the police powers of any sponsoring entity or any
other laws regulating or empowering sponsoring entities to regulate
the activities of the corporation.
SECTION 2. 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, 2009.