1 | 1 | | H.B. No. 2032 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the authority of certain municipalities to use tax |
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6 | 6 | | revenue for certain venue projects. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subchapter A, Chapter 334, Local Government |
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9 | 9 | | Code, is amended by adding Section 334.0082 to read as follows: |
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10 | 10 | | Sec. 334.0082. VENUE PROJECTS IN CERTAIN MUNICIPALITIES. |
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11 | 11 | | (a) This section applies only to a municipality that: |
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12 | 12 | | (1) has a population of at least 176,000 that borders |
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13 | 13 | | the Rio Grande, and that approved a sports and community venue |
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14 | 14 | | project before January 1, 2009; or |
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15 | 15 | | (2) is located in a county adjacent to the |
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16 | 16 | | Texas-Mexico border if: |
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17 | 17 | | (A) the county has a population of at least |
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18 | 18 | | 500,000; |
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19 | 19 | | (B) the county does not have a city located |
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20 | 20 | | within it that has a population of at least 500,000; and |
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21 | 21 | | (C) the municipality is the largest municipality |
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22 | 22 | | in the county described by this subdivision. |
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23 | 23 | | (b) Notwithstanding any other law, including Section |
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24 | 24 | | 334.089, after complying with Section 334.022, a municipality to |
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25 | 25 | | which this section applies may hold an election under Section |
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26 | 26 | | 334.024 on the question of approving and implementing a resolution |
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27 | 27 | | to: |
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28 | 28 | | (1) authorize the municipality to plan, acquire, |
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29 | 29 | | establish, develop, construct, or renovate a convention center and |
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30 | 30 | | related infrastructure in the city limits of the municipality as |
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31 | 31 | | part of an existing or previously approved sports and community |
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32 | 32 | | venue project, regardless of whether the convention center is |
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33 | 33 | | located on the premises of the existing or previously approved |
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34 | 34 | | venue project; |
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35 | 35 | | (2) impose a tax under Subchapter H at a rate not to |
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36 | 36 | | exceed two percent of the cost of a room; and |
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37 | 37 | | (3) authorize the municipality to finance, operate, |
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38 | 38 | | and maintain the venue project described by Subdivision (1), |
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39 | 39 | | including the convention center, using the revenue from any taxes |
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40 | 40 | | imposed by the municipality under this chapter, including taxes |
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41 | 41 | | previously approved in relation to the existing or previously |
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42 | 42 | | approved venue project. |
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43 | 43 | | (c) If the resolution is approved by a majority of the votes |
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44 | 44 | | cast in the election, the municipality may implement the |
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45 | 45 | | resolution. |
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46 | 46 | | SECTION 2. Section 334.2516(a), Local Government Code, is |
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47 | 47 | | amended to read as follows: |
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48 | 48 | | (a) This section applies only to a municipality that: |
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49 | 49 | | (1) is located in three counties; |
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50 | 50 | | (2) has a population of less than 130,000 as shown by |
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51 | 51 | | the 2000 federal decennial census [120,000]; and |
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52 | 52 | | (3) acquires by purchase or lease with a term of not |
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53 | 53 | | less than 20 years an interest in real property that by the terms of |
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54 | 54 | | the acquisition is required to be maintained as park property. |
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55 | 55 | | SECTION 3. Section 351.001(7), Tax Code, is amended to read |
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56 | 56 | | as follows: |
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57 | 57 | | (7) "Eligible central municipality" means a |
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58 | 58 | | municipality with a population of more than 140,000 [440,000] but |
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59 | 59 | | less than 1.5 million that is located in a county with a population |
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60 | 60 | | of one million or more and that has adopted a capital improvement |
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61 | 61 | | plan for the expansion of an existing convention center facility. |
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62 | 62 | | SECTION 4. Section 1504.003(a), Government Code, is amended |
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63 | 63 | | to read as follows: |
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64 | 64 | | (a) Bonds issued under this subchapter must be secured by a |
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65 | 65 | | pledge of and be payable from all or a designated part of the |
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66 | 66 | | revenue from the facility for which the bonds are issued or from |
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67 | 67 | | additional sources made available by the municipality for that |
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68 | 68 | | purpose, as provided in the ordinance authorizing or approving the |
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69 | 69 | | issuance of the bonds. |
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70 | 70 | | SECTION 5. This Act takes effect immediately if it receives |
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71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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74 | 74 | | Act takes effect September 1, 2009. |
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75 | 75 | | ______________________________ ______________________________ |
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76 | 76 | | President of the Senate Speaker of the House |
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77 | 77 | | I certify that H.B. No. 2032 was passed by the House on April |
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78 | 78 | | 24, 2009, by the following vote: Yeas 137, Nays 0, 1 present, not |
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79 | 79 | | voting; and that the House concurred in Senate amendments to H.B. |
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80 | 80 | | No. 2032 on May 18, 2009, by the following vote: Yeas 141, Nays 1, |
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81 | 81 | | 2 present, not voting. |
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82 | 82 | | ______________________________ |
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83 | 83 | | Chief Clerk of the House |
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84 | 84 | | I certify that H.B. No. 2032 was passed by the Senate, with |
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85 | 85 | | amendments, on May 15, 2009, by the following vote: Yeas 29, Nays |
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86 | 86 | | 0. |
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87 | 87 | | ______________________________ |
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88 | 88 | | Secretary of the Senate |
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89 | 89 | | APPROVED: __________________ |
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90 | 90 | | Date |
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91 | 91 | | __________________ |
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92 | 92 | | Governor |
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