Texas 2009 - 81st Regular

Texas House Bill HB4463 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Martinez Fischer H.B. No. 4463
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of Austin Desired Development Zone
7	7	District No. 5; providing authority to levy an assessment, impose
8	8	taxes, and issue bonds; and granting a limited power of eminent
9	9	domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 38__ to read as follows:
13	13	CHAPTER 38__. Austin Desired Development Zone District No. 5
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 38__.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Austin.
18	18	(3) "County" means Travis County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Austin Desired Development
21	21	Zone District No. 5.
22	22	Sec. 38__.002. NATURE OF DISTRICT. Austin Desired
23	23	Development Zone District No. 5 is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 38__.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing the city, the
30	30	county, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	Sec. 38__.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
40	40	The district is created to serve a public use and benefit.
41	41	(b) All land and other property included in the district
42	42	will benefit from the improvements and services to be provided by
43	43	the district under powers conferred by Sections 52 and 52-a,
44	44	Article III, and Section 59, Article XVI, Texas Constitution, and
45	45	other powers granted under this chapter.
46	46	(c) The creation of the district is in the public interest
47	47	and is essential to:
48	48	(1) further the public purposes of developing and
49	49	diversifying the economy of the state;
50	50	(2) eliminate unemployment and underemployment; and
51	51	(3) develop or expand transportation and commerce.
52	52	(d) The district will:
53	53	(1) promote the health, safety, and general welfare of
54	54	residents, employers, potential employees, employees, visitors,
55	55	and consumers in the district, and of the public;
56	56	(2) provide needed funding for the district to
57	57	preserve, maintain, and enhance the economic health and vitality of
58	58	the district territory as a community and business center; and
59	59	(3) promote the health, safety, welfare, and enjoyment
60	60	of the public by providing pedestrian ways and by landscaping and
61	61	developing certain areas in the district, which are necessary for
62	62	the restoration, preservation, and enhancement of scenic beauty;
63	63	and
64	64	(4) provide for water, wastewater, drainage, road, and
65	65	recreational facilities for the district.
66	66	(e) Pedestrian ways along or across a street, whether at
67	67	grade or above or below the surface, and street lighting, street
68	68	landscaping, parking, and street art objects are parts of and
69	69	necessary components of a street and are considered to be a street
70	70	or road improvement.
71	71	(f) The district will not act as the agent or
72	72	instrumentality of any private interest even though the district
73	73	will benefit many private interests as well as the public.
74	74	Sec. 38__.005. INITIAL DISTRICT TERRITORY. (a) The
75	75	district is initially composed of the territory described by
76	76	Section 2 of the Act enacting this chapter.
77	77	(b) The boundaries and field notes contained in Section 2 of
78	78	the Act enacting this chapter form a closure. A mistake in the field
79	79	notes or in copying the field notes in the legislative process does
80	80	not affect the district's:
81	81	(1) organization, existence, or validity;
82	82	(2) right to issue any type of bond for the purposes
83	83	for which the district is created or to pay the principal of and
84	84	interest on the bond;
85	85	(3) right to impose or collect an assessment or tax; or
86	86	(4) legality or operation.
87	87	Sec. 38__.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
88	88	All or any part of the area of the district is eligible to be
89	89	included in:
90	90	(1) a tax increment reinvestment zone created under
91	91	Chapter 311, Tax Code;
92	92	(2) a tax abatement reinvestment zone created under
93	93	Chapter 312, Tax Code; or
94	94	(3) an enterprise zone created under Chapter 2303,
95	95	Government Code.
96	96	Sec. 38__.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
97	97	DISTRICTS LAW. Except as otherwise provided by this chapter,
98	98	Chapter 375, Local Government Code, applies to the district.
99	99	Sec. 38__.008. LIBERAL CONSTRUCTION OF CHAPTER. This
100	100	chapter shall be liberally construed in conformity with the
101	101	findings and purposes stated in this chapter.
102	102	Sec. 38__.009. CONFIRMATION AND DIRECTORS' ELECTION
103	103	REQUIRED. The temporary directors shall hold an election to
104	104	confirm the creation of the district and to elect four permanent
105	105	directors as provided by Section 49.102, Water Code.
106	106	Sec. 38__.010. CONSENT OF MUNICIPALITY REQUIRED. (a) The
107	107	temporary directors may not hold an election under Section 38__.009
108	108	until the city has consented by ordinance or resolution to the
109	109	creation of the district and to the inclusion of land in the
110	110	district.
111	111	(b) The city may condition its consent to the creation of
112	112	the district, to the inclusion of land in the district, and to the
113	113	exercise or limitation of powers granted to the district under this
114	114	Chapter by requiring the owner of any land included in the district
115	115	to negotiate and enter into a written agreement with the City of
116	116	Austin under this Chapter and Sections 43.0563 and 212.172, Local
117	117	Government Code.
118	118	(c) An agreement between a municipality and a landowner
119	119	entered into prior to the effective date of this chapter and that
120	120	complies with this section is validated.
121	121	(d) Section 54.016, Water Code, does not apply to the
122	122	district or to an agreement under this section. An agreement under
123	123	this section constitutes the city's consent to the creation of the
124	124	district under Section 42.042, Local Government Code.
125	125	[Sections 38__.012 - 38__.050 reserved for expansion]
126	126	SUBCHAPTER B. BOARD OF DIRECTORS
127	127	Sec. 38 __.051. GOVERNING BODY; TERMS. (a) The district is
128	128	governed by a board of seven directors. Four of the directors are
129	129	elected. Three of the directors are appointed under Sec. 38__.053.
130	130	(b) Except as provided by Sec. 38__.052, directors serve
131	131	staggered four-year terms, with two elected directors' terms and
132	132	one or two appointed director's terms expiring on June 1 of each
133	133	even-numbered year. The term of office for each director first
134	134	appointed under Sec. 38__.053 shall begin on the date the four
135	135	permanent directors are elected under Section 38__.009
136	136	Sec. 38__.052. TEMPORARY DIRECTORS. (a) On or after the
137	137	effective date of the Act creating this chapter, the owner or owners
138	138	of a majority of the assessed value of the real property in the
139	139	district as determined by the most recent certified tax appraisal
140	140	roll for the county may submit a petition to the Texas Commission on
141	141	Environmental Quality requesting that the commission appoint as
142	142	temporary directors the four persons named in the petition. The
143	143	commission shall appoint as temporary directors the four persons
144	144	named in the petition.
145	145	(b) Temporary directors serve until the earlier of:
146	146	(1) the date four permanent directors are elected
147	147	under Section 38__.009; or
148	148	(2) the fourth anniversary of the effective date of
149	149	the Act creating this chapter.
150	150	(c) If permanent directors have not been elected under
151	151	Section 38__.009 and the terms of the temporary directors have
152	152	expired, successor temporary directors shall be appointed or
153	153	reappointed as provided by Subsection (d) to serve terms that
154	154	expire on the earlier of:
155	155	(1) the date four permanent directors are elected
156	156	under Section 38__.009; or
157	157	(2) the fourth anniversary of the date of the
158	158	appointment or reappointment.
159	159	(d) If Subsection (c) applies, the owner or owners of a
160	160	majority of the assessed value of the real property in the district
161	161	according to the most recent certified tax appraisal roll for the
162	162	county may submit a petition to the commission requesting that the
163	163	commission appoint as successor temporary directors the four
164	164	persons named in the petition. The commission shall appoint as
165	165	successor temporary directors the four persons named in the
166	166	petition.
167	167	Sec. 38__.053. APPOINTMENT OF DIRECTOR. (a) The City
168	168	Council of the city shall appoint one director, and may appoint a
169	169	second director after notice is provided by the board to the city
170	170	under Subsection (c). A person is appointed if a majority of the
171	171	members of the City Council vote to appoint that person.
172	172	(b) The county Commissioners Court shall appoint one
173	173	director. A person is appointed if a majority of the members of the
174	174	Commissioners Court vote to appoint that person.
175	175	(c) The Texas Commission on Environmental Quality shall
176	176	appoint one director nominated by the board. The board shall
177	177	request the name of a qualified director nominee from each person
178	178	who owns at least 25 percent of the surface area of land in the
179	179	district, based on the most recent certified tax appraisal roll for
180	180	the county. The board shall nominate to the Texas Commission on
181	181	Environmental Quality the qualified director nominee whose name was
182	182	submitted by the person who owns the largest total surface area of
183	183	land in the district. If the board has not received the name of a
184	184	qualified director nominee before the 31st day after the date the
185	185	board requests the name of a qualified director nominee from every
186	186	person who owns at least 25 percent of the surface area of land in
187	187	the district, or if no person owns at least 25 percent of the
188	188	surface area of land in the district, the board shall notify the
189	189	city that it may appoint a second director under Subsection (a), and
190	190	no appointment shall be made under this subsection.
191	191	Sec. 38__.054 QUALIFICATIONS OF DIRECTOR. (a) To be
192	192	qualified to be elected and serve as an elected director or to be
193	193	qualified to be appointed and serve as an appointed director under
194	194	Subsection (c) of Section 38__.053, a person must be at least 18
195	195	years old and:
196	196	(1) a resident of the district; or
197	197	(2) an owner of property in the district.
198	198	(b) A director appointed under Section 38__.052 or
199	199	Subsection (a) or (b) of Section 38__.053 must be at least 18 years
200	200	old.
201	201	(c) A person who qualifies to serve as a director under this
202	202	section is subject to Section 375.072, Local Government Code.
203	203	Sec. 38__.055. DIRECTOR VACANCY. A vacancy in the office of
204	204	an elected director shall be filled for the unexpired term by the
205	205	majority vote of the remaining members of the board. A vacancy in
206	206	the office of a director appointed under Section 38__.053 shall be
207	207	filled for the unexpired term by a new director appointed under that
208	208	section.
209	209	Sec. 38__.056. QUORUM. (a) A majority of the directors
210	210	constitutes a quorum, and a concurrence of a majority of the
211	211	directors is required for any official action of the district
212	212	unless a lesser or greater number of votes is provided by other law.
213	213	The written consent of at least two-thirds of the directors is
214	214	required to authorize the levy of assessments, the levy of taxes,
215	215	the imposition of impact fees, or the issuance of bonds.
216	216	(b) For purposes of determining the requirements for a
217	217	majority of the board under this section, the following are not
218	218	counted:
219	219	(1) a board position vacant for any reason, including
220	220	death, resignation, or disqualification; or
221	221	(2) a director who is abstaining from participation in
222	222	a vote because of a conflict of interest.
223	223	Sec. 38__.057. COMPENSATION. A director is entitled to
224	224	receive fees of office and reimbursement for actual expenses as
225	225	provided by Section 49.060, Water Code.
226	226	[Sections 38__.058 - 38__.100 reserved for expansion]
227	227	SUBCHAPTER C. POWERS AND DUTIES
228	228	Sec. 38__.101. GENERAL POWERS AND DUTIES. The district has
229	229	the powers and duties provided by:
230	230	(1) the general laws relating to conservation and
231	231	reclamation districts created under Section 59, Article XVI, Texas
232	232	Constitution, including Chapters 49 and 54, Water Code;
233	233	(2) Section 52, Article III, Texas Constitution,
234	234	including the power to design, acquire, construct, finance, issue
235	235	bonds for, improve, operate, maintain, and convey to this state, a
236	236	county, or a municipality for operation and maintenance
237	237	macadamized, graveled, or paved roads, or improvements, including
238	238	storm drainage, in aid of those roads;
239	239	(3) Subchapter A, Chapter 372, Local Government Code,
240	240	in the same manner as a municipality or a county;
241	241	(4) Chapter 375, Local Government Code;
242	242	(5) Chapter 380, Local Government Code, in the same
243	243	manner as a municipality;
244	244	(6) Chapter 394, Local Government Code, to a housing
245	245	finance corporation created and operating under that chapter, in
246	246	the same manner as a housing finance corporation;
247	247	(7) Subchapter C, Chapter 402, Local Government Code,
248	248	in the same manner as a municipality; and
249	249	(8) Chapters 501, 502, and 505, Local Government Code,
250	250	in the same manner as a municipality to which one or more of those
251	251	chapters applies.
252	252	Sec. 38__.102. AGREEMENTS; GRANTS. (a) The district may
253	253	make an agreement with or accept a gift, grant, or loan from any
254	254	person. A service agreement made by the district shall be
255	255	terminable at will and without penalty upon 30 days notice of
256	256	termination, unless the district secures the written consent of the
257	257	City of Austin to modify or exclude those termination provisions,
258	258	except for service agreements with the following persons or
259	259	entities:
260	260	(1) a developer of land within the district, as
261	261	defined by Section 49.052(d), Water Code;
262	262	(2) a government agency, entity, or political
263	263	subdivision;
264	264	(3) a retail public utility or electric cooperative,
265	265	concerning water, wastewater, gas, electricity, telecommunication,
266	266	drainage, or other utility services and facilities; or
267	267	(4) a provider of services relating to solid waste
268	268	collection, transfer, processing, reuse, resale, disposal, and
269	269	management.
270	270	(b) The implementation of a project is a governmental
271	271	function or service for the purposes of Chapter 791, Government
272	272	Code.
273	273	(c) The board may enter into a contract with the board of
274	274	directors of a tax increment reinvestment zone created under
275	275	Chapter 311, Tax Code, and the governing body of the municipality or
276	276	county that created the zone to manage the zone or implement the
277	277	project plan and reinvestment zone financing plan.
278	278	Sec. 38__.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
279	279	AND FIRE-FIGHTING SERVICES. (a) To protect the public interest,
280	280	the district may contract with a qualified party, including the
281	281	county or the city, for the provision of law enforcement services in
282	282	the district for a fee.
283	283	(b) The district may provide fire-fighting services under
284	284	Section 49.351, Water Code and has the powers and duties of a
285	285	municipality under Section 775.022, Health & Safety Code.
286	286	Sec. 38__.104. ECONOMIC DEVELOPMENT PROGRAMS. The district
287	287	may establish and provide for the administration of one or more
288	288	programs to promote state or local economic development and to
289	289	stimulate business and commercial activity in the district,
290	290	including programs to:
291	291	(1) make loans and grants of public money; and
292	292	(2) provide district personnel and services.
293	293	Sec. 38__.105. STRATEGIC PARTNERSHIP AGREEMENT. The
294	294	district may negotiate and enter into a written strategic
295	295	partnership with the City of Austin under Section 43.0751, Local
296	296	Government Code. A power granted to the district under this Chapter
297	297	may be restricted or prohibited by the terms and conditions of an
298	298	agreement between the City of Austin and the district under this
299	299	section.
300	300	Sec. 38__.106. LIMITED EMINENT DOMAIN. (a) The district
301	301	may exercise the power of eminent domain under Section 49.222,
302	302	Water Code.
303	303	(b) The district may not exercise the power of eminent
304	304	domain outside the district boundaries to acquire:
305	305	(1) a site for a water treatment plant, water storage
306	306	facility, wastewater treatment plant, or wastewater disposal
307	307	plant; or
308	308	(2) a recreational facility as defined by Section
309	309	49.462, Water Code.
310	310	Sec. 38__.107. ANNEXATION OR EXCLUSION OF LAND BY DISTRICT.
311	311	(a) The district may annex land as provided by Subchapter J,
312	312	Chapter 49, Water Code.
313	313	(b) The district may exclude land as provided by Subchapter
314	314	J, Chapter 49, Water Code. Section 375.044(b), Local Government
315	315	Code, does not apply to the district.
316	316	Sec 38__.108. SUITS. The District shall not be a voluntary
317	317	party to any suit against the city by a district resident or a
318	318	person who owns property in the district unless the district has
319	319	standing to bring the suit.
320	320	[Sections 38__.109 - 38__.150 reserved for expansion]
321	321	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
322	322	Sec. 38__.151. PUBLIC TRANSIT SYSTEM. (a) The district may
323	323	acquire, lease as lessor or lessee, construct, develop, own,
324	324	operate, and maintain a public transit system to serve the area
325	325	within the boundaries of the district.
326	326	(b) The district may contract with a regional transit
327	327	authority for the provision of a public transit system and public
328	328	transit services.
329	329	Sec. 38__.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
330	330	PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
331	331	as lessor or lessee, construct, develop, own, operate, and maintain
332	332	parking facilities or a system of parking facilities, including:
333	333	(1) lots, garages, parking terminals, or other
334	334	structures or accommodations for parking motor vehicles off the
335	335	streets; and
336	336	(2) equipment, entrances, exits, fencing, and other
337	337	accessories necessary for safety and convenience in parking
338	338	vehicles.
339	339	(b) A parking facility of the district may be leased to, or
340	340	operated for the district by, an entity other than the district.
341	341	(c) The district's parking facilities are a program
342	342	authorized by the legislature under Section 52-a, Article III,
343	343	Texas Constitution.
344	344	(d) The district's parking facilities serve the public
345	345	purposes of the district and are owned, used, and held for a public
346	346	purpose even if leased or operated by a private entity for a term of
347	347	years.
348	348	(e) The district's public parking facilities and any lease
349	349	to a private entity are exempt from the payment of ad valorem taxes
350	350	and state and local sales and use taxes.
351	351	Sec. 38__.153. RULES. The district may adopt rules
352	352	covering its public transit system or its public parking system.
353	353	Sec. 38__.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR
354	354	PARKING FACILITIES. (a) The district may use any of its resources,
355	355	including revenue, assessments, taxes, or grant or contract
356	356	proceeds, to pay the cost of acquiring or operating a public transit
357	357	system or public parking facilities.
358	358	(b) The district may:
359	359	(1) set, charge, impose, and collect fees, charges, or
360	360	tolls for the use of the public transit system or the public parking
361	361	facilities; and
362	362	(2) issue bonds or notes to finance the cost of these
363	363	facilities.
364	364	[Sections 38__.155 - 38__.200 reserved for expansion]
365	365	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
366	366	Sec. 38__.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
367	367	board by resolution shall establish the number of directors'
368	368	signatures and the procedure required for a disbursement or
369	369	transfer of the district's money.
370	370	Sec. 38__.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
371	371	The district may acquire, construct, finance, operate, or maintain
372	372	any improvement or service authorized under this chapter or Chapter
373	373	375, Local Government Code, using any money available to the
374	374	district.
375	375	Sec. 38__.203. PETITION REQUIRED FOR FINANCING SERVICES AND
376	376	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
377	377	service or improvement project with assessments under this chapter
378	378	unless a written petition requesting that service or improvement
379	379	has been filed with the board.
380	380	(b) A petition filed under Subsection (a) must be signed by
381	381	the owners of a majority of the assessed value of the real property
382	382	in the district subject to assessment as determined by the most
383	383	recent certified tax appraisal roll for the county.
384	384	Sec. 38__.204. METHOD OF NOTICE FOR HEARING. The district
385	385	may mail the notice required by Section 375.115(c), Local
386	386	Government Code, by certified or first class United States mail.
387	387	The board shall determine the method of notice.
388	388	Sec. 38__.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
389	389	The board by resolution may impose and collect an assessment for any
390	390	purpose authorized by this chapter in all or any part of the
391	391	district.
392	392	(b) An assessment, a reassessment, or an assessment
393	393	resulting from an addition to or correction of the assessment roll
394	394	by the district, penalties and interest on an assessment or
395	395	reassessment, an expense of collection, and reasonable attorney's
396	396	fees incurred by the district:
397	397	(1) are a first and prior lien against the property
398	398	assessed;
399	399	(2) are superior to any other lien or claim other than
400	400	a lien or claim for county, school district, or municipal ad valorem
401	401	taxes; and
402	402	(3) are the personal liability of and a charge against
403	403	the owners of the property even if the owners are not named in the
404	404	assessment proceedings.
405	405	(c) The lien is effective from the date of the board's
406	406	resolution imposing the assessment until the date the assessment is
407	407	paid. The board may enforce the lien in the same manner that the
408	408	board may enforce an ad valorem tax lien against real property.
409	409	(d) The board may make a correction to or deletion from the
410	410	assessment roll that does not increase the amount of assessment of
411	411	any parcel of land without providing notice and holding a hearing in
412	412	the manner required for additional assessments.
413	413	Sec. 38__.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
414	414	ASSESSMENTS. The district may not impose an impact fee or
415	415	assessment on the property, including the equipment,
416	416	rights-of-way, facilities, or improvements, of:
417	417	(1) an electric utility or a power generation company
418	418	as defined by Section 31.002, Utilities Code;
419	419	(2) a gas utility as defined by Section 101.003 or
420	420	121.001, Utilities Code;
421	421	(3) a telecommunications provider as defined by
422	422	Section 51.002, Utilities Code; or
423	423	(4) a person who provides to the public cable
424	424	television or advanced telecommunications services.
425	425	Sec. 38__.207. RESIDENTIAL PROPERTY. Section 375.161,
426	426	Local Government Code, does not apply to the district.
427	427	Sec. 38__.208. OPERATION AND MAINTENANCE TAX. (a) If
428	428	authorized at an election held in accordance with Section 38__.212,
429	429	the district may impose an operation and maintenance tax on taxable
430	430	property in the district in accordance with Section 49.107, Water
431	431	Code, for any district purpose, including to:
432	432	(1) maintain and operate the district;
433	433	(2) construct or acquire improvements; or
434	434	(3) provide a service.
435	435	(b) The board shall determine the tax rate. The rate may not
436	436	exceed the rate approved at the election.
437	437	Sec. 38__.209. CONTRACT TAXES. (a) In accordance with
438	438	Section 49.108, Water Code, the district may impose a tax other than
439	439	an operation and maintenance tax and use the revenue derived from
440	440	the tax to make payments under a contract after the provisions of
441	441	the contract have been approved by a majority of the district voters
442	442	voting at an election held for that purpose.
443	443	(b) A contract approved by the district voters may contain a
444	444	provision stating that the contract may be modified or amended by
445	445	the board without further voter approval.
446	446	Sec. 38__.210. AUTHORITY TO ISSUE BONDS. (a) The district
447	447	may issue by competitive bid bonds, notes, or other obligations
448	448	payable wholly or partly from taxes, assessments, impact fees,
449	449	revenue, grants, or other money of the district, or any combination
450	450	of those sources of money, to pay for any authorized district
451	451	purpose.
452	452	(b) The limitation on the outstanding principal amount of
453	453	bonds, notes, and other obligations set forth in Section 49.4645,
454	454	Water Code, does not apply to the district.
455	455	Sec. 38__.211. CITY APPROVAL OF DISTRICT BONDS. (a) No
456	456	later than 30 days before the first publication of notice of sale of
457	457	a district bond, the district shall provide to the city a copy of
458	458	the district's application to the Texas Commission on Environmental
459	459	Quality for approval of the bond sale, a copy of the staff
460	460	memorandum from the Texas Commission on Environmental Quality
461	461	approving the projects and the bonds, the proposed bond resolution,
462	462	the preliminary official statement for the bond sale, the bid form,
463	463	and the notice of sale, as applicable.
464	464	(b) The city may refuse to approve a bond sale only if the
465	465	city determines that issuance of the bonds would cause the district
466	466	to be substantially out of compliance with a material provision of a
467	467	written agreement with the city under Section 38__.010, Section
468	468	38__.105, or any other written agreement with the city pertaining
469	469	to the district's creation or operation.
470	470	(c) The city shall notify the district of its refusal to
471	471	approve a bond sale under Subsection (b) no later than the 15th day
472	472	after its receipt of the information provided under Subsection (a),
473	473	or the bond sale shall be deemed to be approved by the City.
474	474	(d) The district shall not issue or sell a bond that the city
475	475	has refused to approve under this section.
476	476	Sec. 38__.212. TAXES FOR BONDS. At the time the district
477	477	issues bonds payable wholly or partly from ad valorem taxes, the
478	478	board shall provide for the annual imposition of a continuing
479	479	direct annual ad valorem tax, without limit as to rate or amount,
480	480	for each year while all or part of the bonds are outstanding as
481	481	required and in the manner provided by Sections 54.601 and 54.602,
482	482	Water Code.
483	483	Sec. 38__.213. ELECTIONS REGARDING TAXES AND BONDS. (a)
484	484	The district may issue, without an election, bonds, notes, and
485	485	other obligations secured by:
486	486	(1) revenue other than ad valorem taxes; or
487	487	(2) contract payments described by Section 38__.209.
488	488	(b) The district shall hold an election in the manner
489	489	provided by Subchapter L, Chapter 375, Local Government Code, to
490	490	obtain voter approval before the district imposes an ad valorem tax
491	491	or sales and use tax or issues bonds payable from ad valorem taxes.
492	492	(c) Section 375.243, Local Government Code, does not apply
493	493	to the district.
494	494	(d) All or any part of any facilities or improvements which
495	495	may be acquired by a district by the issuance of its bonds may be
496	496	included in one single proposition to be voted on at the election or
497	497	the bonds may be submitted in several propositions.
498	498	Sec 38__.214. CITY NOT REQUIRED TO PAY DISTRICT
499	499	OBLIGATIONS. Except as provided by Section 375.263, Local
500	500	Government Code, the city is not required to pay a bond, note, or
501	501	other obligation of the district.
502	502	Sec. 38__.215. COMPETITIVE BIDDING. Subchapter I, Chapter
503	503	49, Water Code, applies to the district. Subchapter K, Chapter 375,
504	504	Local Government Code, does not apply to the district if the
505	505	district complies with the requirements of Section 375.222, Local
506	506	Government Code, as it existed on January 1, 2009.
507	507	Sec. 38__.216. TAX AND ASSESSMENT ABATEMENTS. The district
508	508	may grant in the manner authorized by Chapter 312, Tax Code, an
509	509	abatement for a tax or assessment owed to the district.
510	510	Sec. 38__.217. TAX INCREMENT FINANCING POWERS. (a) The
511	511	district may designate all or any part of the district as a tax
512	512	increment reinvestment zone, and the district may use tax increment
513	513	financing under Chapter 311, Tax Code, in the manner provided by
514	514	that chapter for a municipality, except as modified by this
515	515	section.
516	516	(b) The district has all powers provided under Chapter 311,
517	517	Tax Code.
518	518	(c) The district and an overlapping taxing unit may enter
519	519	into an interlocal agreement for the payment of all or a portion of
520	520	the tax increment of the unit to the district.
521	521	(d) For the purpose of tax increment financing under this
522	522	section, the board functions as the board of directors of the
523	523	reinvestment zone. Section 311.009, Tax Code, does not apply to the
524	524	district.
525	525	[Sections 38__.218 - 38__.300 reserved for expansion]
526	526	SUBCHAPTER F. SALES AND USE TAX
527	527	Sec. 38__.301. MEANINGS OF WORDS AND PHRASES. Words and
528	528	phrases used in this subchapter that are defined by Chapters 151 and
529	529	321, Tax Code, have the meanings assigned by Chapters 151 and 321,
530	530	Tax Code.
531	531	Sec. 38__.302. APPLICABILITY OF CERTAIN TAX CODE
532	532	PROVISIONS. (a) Except as otherwise provided by this subchapter,
533	533	Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
534	534	apply to taxes imposed under this subchapter and to the
535	535	administration and enforcement of those taxes in the same manner
536	536	that those laws apply to state taxes.
537	537	(b) Chapter 321, Tax Code, relating to municipal sales and
538	538	use taxes, applies to the application, collection, charge, and
539	539	administration of a sales and use tax imposed under this subchapter
540	540	to the extent consistent with this chapter, as if references in
541	541	Chapter 321, Tax Code, to a municipality referred to the district
542	542	and references to a governing body referred to the board.
543	543	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
544	544	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
545	545	apply to a tax imposed under this subchapter.
546	546	Sec. 38__.303. AUTHORIZATION; ELECTION. (a) The district
547	547	may adopt a sales and use tax to serve the purposes of the district
548	548	after an election in which a majority of the voters of the district
549	549	voting in the election authorize the adoption of the tax.
550	550	(b) The board by order may call an election to authorize a
551	551	sales and use tax. The election may be held with any other district
552	552	election.
553	553	(c) The district shall provide notice of the election and
554	554	shall hold the election in the manner prescribed by Section 38.212.
555	555	(d) The ballots shall be printed to provide for voting for
556	556	or against the proposition: "Authorization of a sales and use tax in
557	557	Austin Desired Development Zone Management District No. 5 at a rate
558	558	not to exceed [ ] percent."
559	559	Sec. 38__.304. ABOLISHING SALES AND USE TAX. (a) Except as
560	560	provided in Subsection (b), the board may abolish the sales and use
561	561	tax without an election.
562	562	(b) The board may not abolish the sales and use tax if the
563	563	district has outstanding debt secured by the tax.
564	564	(c) Notwithstanding subsection (b), a sales and use tax
565	565	adopted under this subchapter is automatically abolished on the
566	566	effective date of full-purpose annexation by the city of the
567	567	district.
568	568	Sec. 38__.305. SALES AND USE TAX RATE. (a) On adoption of
569	569	the tax authorized by this subchapter, there is imposed a tax on the
570	570	receipts from the sale at retail of taxable items within the
571	571	district, and an excise tax on the use, storage, or other
572	572	consumption within the district of taxable items purchased, leased,
573	573	or rented from a retailer within the district during the period that
574	574	the tax is in effect.
575	575	(b) The board shall determine the rate of the tax, which may
576	576	be in one-eighth of one percent increments not to exceed the maximum
577	577	rate authorized by the district voters at the election. The board
578	578	may lower the tax rate to the extent it does not impair any
579	579	outstanding debt or obligations payable from the tax.
580	580	(c) The rate of the excise tax is the same as the rate of the
581	581	sales tax portion of the tax and is applied to the sales price of the
582	582	taxable item.
583	583	[Sections 38__.306 - 38__.350 reserved for expansion]
584	584	SUBCHAPTER G. HOTEL OCCUPANCY TAXES
585	585	Sec. 38__.351. HOTEL OCCUPANCY TAX. (a) In this section,
586	586	"hotel" has the meaning assigned by Section 156.001, Tax Code.
587	587	(b) For purposes of this section, a reference in Chapter
588	588	351, Tax Code, to a municipality is a reference to the district and
589	589	a reference in Chapter 351, Tax Code, to the municipality's
590	590	officers or governing body is a reference to the board.
591	591	(c) Except as inconsistent with this section, Subchapter A,
592	592	Chapter 351, Tax Code, governs a hotel occupancy tax authorized by
593	593	this section.
594	594	(d) The district may impose a hotel occupancy tax and may
595	595	use revenue from the tax for any district purpose that is also an
596	596	authorized use of hotel occupancy tax revenue under Chapter 351,
597	597	Tax Code.
598	598	(e) The board by order may impose, repeal, increase, or
599	599	decrease the rate of a tax on a person who, under a lease,
600	600	concession, permit, right of access, license, contract, or
601	601	agreement, pays for the use or possession or for the right to the
602	602	use or possession of a room that:
603	603	(1) is in a hotel located in the district's boundaries;
604	604	(2) costs $2 or more each day; and
605	605	(3) is ordinarily used for sleeping.
606	606	(f) The amount of the tax may not exceed seven percent of the
607	607	price paid for a room in a hotel.
608	608	(g) The district may examine and receive information
609	609	related to the imposition of hotel occupancy taxes to the same
610	610	extent as if the district were a municipality.
611	611	(h) A hotel occupancy tax imposed under this subchapter is
612	612	automatically abolished on the effective date of full-purpose
613	613	annexation by the city of the district.
614	614	[Sections 38__.352 - 38__.400 reserved for expansion]
615	615	SUBCHAPTER H. DISSOLUTION
616	616	Sec. 38__.401 DISSOLUTION. (a) The district may not be
617	617	dissolved under Subchapter M, Chapter 375, Local Government Code,
618	618	or any other law that authorizes dissolution of the district until
619	619	and unless all of the district's outstanding indebtedness and
620	620	contractual obligations payable from ad valorem taxes, sales and
621	621	use taxes, assessments, or other revenue sources are paid in full or
622	622	payment is fully provided for.
623	623	(b) If the conditions of subsection (a) are satisfied, the
624	624	district may be dissolved by the affirmative vote of at least five
625	625	of the directors of the board. If the conditions of subsection (a)
626	626	are satisfied after the district has been annexed into the city for
627	627	full purposes, the city may dissolve the district by the majority
628	628	vote of its governing body.
629	629	(c) Dissolution of the district shall be in accordance with
630	630	the terms and conditions of this section and of the agreement
631	631	between the landowner and the city under Section 38.010.
632	632	(d) Sections 43.075 and 43.0715, Local Government Code, do
633	633	not apply to the district.
634	634	SECTION 2. Austin Desired Development Zone District No. 5
635	635	includes all territory contained in the following area:
636	636	DESCRIPTION OF 339.251 ACRES IN THE SANTIAGO DEL VALLE GRANT
637	637	IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A 167.748 ACRE TRACT
638	638	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
639	639	DATED DECEMBER 13, 2006 AND RECORDED IN DOCUMENT NO. 2006241307 OF
640	640	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
641	641	98.656 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA
642	642	ACQUISITION INC., DATED OCTOBER 19, 2006 AND RECORDED IN DOCUMENT
643	643	NO. 2006204344 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
644	644	TEXAS, A PORTION OF A 60.921 ACRE TRACT DESCRIBED IN A SPECIAL
645	645	WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND
646	646	RECORDED IN DOCUMENT NO. 2006239174 OF THE OFFICIAL PUBLIC RECORDS
647	647	OF TRAVIS COUNTY, TEXAS, A PORTION OF A 55.222 ACRE TRACT DESCRIBED
648	648	IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2,
649	649	2006 AND RECORDED IN DOCUMENT NO. 2006060712 OF THE OFFICIAL PUBLIC
650	650	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 25.119 ACRE TRACT
651	651	DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC.,
652	652	DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. 2006060707 OF THE
653	653	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
654	654	7.602 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
655	655	ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO.
656	656	2006060704 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
657	657	A PORTION OF A 23.694 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY
658	658	DEED TO JONA ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN
659	659	DOCUMENT NO. 2006060710 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
660	660	COUNTY, TEXAS, A PORTION OF A 42.558 ACRE TRACT DESCRIBED IN A
661	661	GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED MAY 16, 2008
662	662	AND RECORDED IN DOCUMENT NO. 2008083861 OF THE OFFICIAL PUBLIC
663	663	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF WENDE ROAD, A PUBLIC
664	664	ROAD IN TRAVIS COUNTY, TEXAS HAVING A RIGHT-OF-WAY WIDTH OF 40 FEET,
665	665	AND A PORTION OF SASSMAN ROAD, A PUBLIC ROAD IN TRAVIS COUNTY, TEXAS
666	666	HAVING A RIGHT-OF-WAY OF VARIABLE WIDTH.
667	667	SAVE AND EXCEPT LOT ONE, J.P. COTMAN ADDITION, AN ADDITION TO
668	668	TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF,
669	669	RECORDED IN VOLUME 79, PAGE 60, OF THE PLAT RECORDS OF TRAVIS
670	670	COUNTY, TEXAS, CONVEYED TO JUAN YESCAS AND MARIA R. YESCAS IN A
671	671	WARRANTY DEED, DATED DECEMBER 30, 2004 AND RECORDED IN DOCUMENT NO.
672	672	2004242191 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
673	673	A 2.50 ACRE TRACT DESCRIBED IN AN INDEPENDENT EXECUTOR'S SPECIAL
674	674	WARRANTY DEED TO MICHAEL L. APPLEGATE AND HARMONY D. APPLEGATE,
675	675	DATED OCTOBER 23 2003 AND RECORDED IN DOCUMENT NO. 2003268689 OF THE
676	676	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, A 3.213 ACRES TRACT
677	677	DESCRIBED IN A DEED, WITH VENDOR'S LIEN TO MARIO RODRIGUEZ & EMMA
678	678	RODRIGUEZ, DATED FEBRUARY 4, 1983 AND RECORDED IN VOLUME 7998, PAGE
679	679	656 OF THE DEED RECORDS OF TRAVIS COUNTY TEXAS, A 2.50 ACRE TRACT
680	680	DESCRIBED IN A DEED TO H. E. THYSSEN & MARGARET THYSSEN, DATED JUNE
681	681	3, 1977 AND RECORDED IN VOLUME 5827, PAGE 2441 OF THE DEED RECORDS
682	682	OF TRAVIS COUNTY TEXAS, A 0.201 ACRE TRACT DESCRIBED IN A WARRANTY
683	683	DEED TO LARRY THYSSEN, DATED OCTOBER 31, 2006 AND RECORDED IN
684	684	DOCUMENT NO. 2006224848 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
685	685	COUNTY TEXAS; SAID 339.251 ACRE TRACT BEING MORE PARTICULARLY
686	686	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
687	687	BEGINNING at a 1/2" rebar with "Chaparral Boundary" cap found
688	688	for the southeast corner of said 167.748 acre tract, same being in
689	689	the west right-of-way line of F.M. 1625 (80' right-of-way), also
690	690	being in the north right-of-way line of Sassman Road (right-of-way
691	691	width varies);
692	692	THENCE South 2711'52" West, crossing Sassman Road with the
693	693	west right-of-way line of F.M. 1625, a distance of 70.00 feet to a
694	694	1/2" iron rod found for the northeast corner of said 98.656 acre
695	695	tract;
696	696	THENCE with the west right-of-way line of F. M. 1625, same
697	697	being the east line of said 98.656 acre tract, the following two (2)
698	698	courses and distances:
699	699	1. South 2711'52" West, a distance of 2856.46 feet to a
700	700	concrete highway monument found 40 feet right of TxDOT centerline
701	701	station 115+77;
702	702	2. South 2704'38" West, a distance of 352.97 feet to a
703	703	calculated point in said line;
704	704	THENCE crossing said 98.656 acre tract, said 60.921 acre
705	705	tract, said 51.942 acre tract, said 55.222 acre tract, said 25.119
706	706	acre tract, said 7.602 acre tract, said 23.694 acre tract, Sassman
707	707	Road, said 42.558 acre tract, and said 167.748 acre tract the
708	708	following fifteen (15) courses and distances:
709	709	1. North 6255'22" West, a distance of 149.13 feet to a
710	710	calculated point;
711	711	2. With a curve to the right, having a radius of 1800.01
712	712	feet, a delta angle of 6824'29", an arc length of 2149.12 feet, and
713	713	a chord which bears North 2843'07" West, a distance of 2023.72 feet
714	714	to a calculated point;
715	715	3. North 0529'07" East, a distance of 423.15 feet to a
716	716	calculated point;
717	717	4. With a curve to the left, having a radius of 1000.01 feet,
718	718	a delta angle of 4036'48", an arc length of 708.84 feet, and a chord
719	719	which bears North 1449'17" West, a distance of 694.10 feet to a
720	720	calculated point;
721	721	5. North 3507'41" West, a distance of 344.76 feet to a
722	722	calculated point;
723	723	6. North 5452'19" East, a distance of 25.40 feet to a
724	724	calculated point;
725	725	7. With a curve to the left, having a radius of 500.00 feet,
726	726	a delta angle of 9625'47", an arc length of 841.51 feet, and a chord
727	727	which bears North 0639'26" East, a distance of 745.65 feet to a
728	728	calculated point;
729	729	8. North 4133'28" West, a distance of 324.65 feet to a
730	730	calculated point;
731	731	9. With a curve to the right, having a radius of 500.00 feet,
732	732	a delta angle of 6945'07", an arc length of 608.70 feet, and a chord
733	733	which bears North 0640'55" West, a distance of 571.80 feet to a
734	734	calculated point;
735	735	10. North 2811'39" East, a distance of 1655.67 feet to a
736	736	calculated point;
737	737	11. South 6148'21" East, a distance of 1129.78 feet to a
738	738	calculated point;
739	739	12. With a curve to the left, having a radius of 1400.00
740	740	feet, a delta angle of 3117'39", an arc length of 764.66 feet, and a
741	741	chord which bears South 7727'10" East, a distance of 755.19 feet to
742	742	a calculated point;
743	743	13. North 8654'01" East, a distance of 948.17 feet to a
744	744	calculated point;
745	745	14. With a curve to the right, having a radius of 1400.01
746	746	feet, a delta angle of 3017'26", an arc length of 740.14 feet, and a
747	747	chord which bears South 7757'16" East, a distance of 731.55 feet to
748	748	a calculated point;
749	749	15. South 6248'33" East, a distance of 209.65 feet to a
750	750	calculated point in the west right-of-way line of said F.M. 1625,
751	751	same being the southeast line of said 167.748 acre tract;
752	752	THENCE with the west right-of-way line of F.M. 1625, same
753	753	being the southeast line of said 167.748 acre tract, the following
754	754	two (2) courses and distances:
755	755	1. South 2705'45" West, a distance of 1346.91 feet to a
756	756	concrete highway monument found;
757	757	2. South 2719'52" West, a distance of 601.74 feet to a 1/2"
758	758	rebar with "Chaparral Boundary" cap found at the east corner of a
759	759	2.99 acre tract described in a deed of record in Document No.
760	760	2005117402 of the Official Public Records of Travis County, Texas,
761	761	from which a 1/2" rebar found bears South 6217'33" East, a distance
762	762	of 0.61 feet;
763	763	THENCE continuing with the southeast line of said 167.748
764	764	acre tract, same being the northeast, northwest, and southwest
765	765	lines of said 2.99 acre tract, the following three (3) courses and
766	766	distances:
767	767	1. North 6214'19" West, a distance of 361.02 feet to a 1/2"
768	768	rebar found;
769	769	2. South 2725'52" West, a distance of 360.78 feet to a 1/2"
770	770	rebar found;
771	771	3. South 6214'19" East, a distance of 361.65 feet to a 1/2"
772	772	rebar with "Chaparral Boundary" cap found in the west right-of-way
773	773	line of F.M. 1625, same being the south corner of said 2.99 acre
774	774	tract;
775	775	THENCE continuing with the southeast line of said 167.748
776	776	acre tract, same being the west right-of-way line of F.M. 1625, the
777	777	following two (2) courses and distances:
778	778	1. South 2719'52" West, a distance of 361.72 feet to a 1/2"
779	779	rebar with "Chaparral Boundary" cap found;
780	780	2. South 2711'52" West, a distance of 434.71 feet to the
781	781	POINT OF BEGINNING, containing 339.251 acres of land, more or less.
782	782	SECTION 3. LEGISLATIVE FINDINGS. The legislature finds
783	783	that:
784	784	(1) The development or redevelopment in the area in the
785	785	proposed Austin Desired Development Zone District No. 5 would not
786	786	occur solely through private investment in the reasonably
787	787	foreseeable future;
788	788	(2) The area in the proposed Austin Desired Development Zone
789	789	District No. 5 is unproductive and underdeveloped; and
790	790	(3) The conditions in the area of the proposed Austin
791	791	Desired Development Zone District No. 5 substantially arrest or
792	792	impair the sound growth of the area, are an economic or social
793	793	liability, and present a menace to the public health, safety,
794	794	morals, or welfare.
795	795	SECTION 4. (a) The legal notice of the intention to
796	796	introduce this Act, setting forth the general substance of this
797	797	Act, has been published as provided by law, and the notice and a
798	798	copy of this Act have been furnished to all persons, agencies,
799	799	officials, or entities to which they are required to be furnished
800	800	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
801	801	Government Code.
802	802	(b) The governor, one of the required recipients, has
803	803	submitted the notice and Act to the Texas Commission on
804	804	Environmental Quality.
805	805	(c) The Texas Commission on Environmental Quality has filed
806	806	its recommendations relating to this Act with the governor,
807	807	lieutenant governor, and speaker of the house of representatives
808	808	within the required time.
809	809	(d) The general law relating to consent by political
810	810	subdivisions to the creation of districts with conservation,
811	811	reclamation, and road powers and the inclusion of land in those
812	812	districts has been complied with.
813	813	(e) All requirements of the constitution and laws of this
814	814	state and the rules and procedures of the legislature with respect
815	815	to the notice, introduction, and passage of this Act have been
816	816	fulfilled and accomplished.
817	817	SECTION 5. EFFECTIVE DATE. This Act takes effect
818	818	immediately if it receives a vote of two-thirds of all the members
819	819	elected to each house, as provided by Section 39, Article III, Texas
820	820	Constitution. If this Act does not receive the vote necessary for
821	821	immediate effect, this Act takes effect September 1, 2009.