Texas 2009 - 81st Regular

Texas House Bill HB4747 Compare Versions

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1	1	81R15873 GCB-F
2	2	By: Hochberg, Thibaut H.B. No. 4747
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers of the Westchase District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 3802, Special District
10	10	Local Laws Code, is amended by adding Sections 3802.0045,
11	11	3802.0055, and 3802.008 to read as follows:
12	12	Sec. 3802.0045. PARKING. A parking improvement is
13	13	considered to be a street or road improvement.
14	14	Sec. 3802.0055. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
15	15	All or any part of the area of the district is eligible to be
16	16	included in:
17	17	(1) a tax increment reinvestment zone created by a
18	18	municipality under Chapter 311, Tax Code;
19	19	(2) a tax abatement reinvestment zone created by a
20	20	municipality under Chapter 312, Tax Code; or
21	21	(3) an enterprise zone created by a municipality under
22	22	Chapter 2303, Government Code.
23	23	Sec. 3802.008. TORT LIABILITY. The district is a
24	24	governmental unit under Chapter 101, Civil Practice and Remedies
25	25	Code, and the operations of the district are essential government
26	26	functions and are not proprietary functions for any purpose,
27	27	including the application of Chapter 101, Civil Practice and
28	28	Remedies Code.
29	29	SECTION 2. Section 3802.051, Special District Local Laws
30	30	Code, is amended to read as follows:
31	31	Sec. 3802.051. BOARD OF DIRECTORS; TERMS. (a) The district
32	32	is governed by a board of 17 directors who serve staggered terms of
33	33	four years, with eight or nine directors' terms expiring June 1 of
34	34	each odd-numbered year.
35	35	(b) The board by resolution may change the number of voting
36	36	directors on the board, but only if the board determines that the
37	37	change is in the best interest of the district. The board may not
38	38	consist of fewer than nine or more than 30 voting directors.
39	39	SECTION 3. Subchapter B, Chapter 3802, Special District
40	40	Local Laws Code, is amended by adding Section 3802.054 to read as
41	41	follows:
42	42	Sec. 3802.054. QUORUM. For purposes of determining whether
43	43	a quorum of the board is present, the following are not counted:
44	44	(1) a board position vacant for any reason, including
45	45	death, resignation, or disqualification;
46	46	(2) a director who is abstaining from participation in
47	47	a vote because of a conflict of interest; or
48	48	(3) a nonvoting director.
49	49	SECTION 4. Section 3802.103, Special District Local Laws
50	50	Code, is amended by adding Subsection (e) to read as follows:
51	51	(e) The implementation of a project is a governmental
52	52	function or service for the purposes of Chapter 791, Government
53	53	Code.
54	54	SECTION 5. Subchapter C, Chapter 3802, Special District
55	55	Local Laws Code, is amended by adding Sections 3802.102 and
56	56	3802.1045 to read as follows:
57	57	Sec. 3802.102. NONPROFIT CORPORATION. (a) The board by
58	58	resolution may authorize the creation of a nonprofit corporation to
59	59	assist and act for the district in implementing a project,
60	60	providing residential housing, or providing a service authorized by
61	61	this chapter.
62	62	(b) The nonprofit corporation:
63	63	(1) has each power of and is considered for all
64	64	purposes to be a local government corporation created under Chapter
65	65	431, Transportation Code; and
66	66	(2) may implement any project and provide any service
67	67	authorized by this chapter.
68	68	(c) The board shall appoint the board of directors of the
69	69	nonprofit corporation. The board of directors of the nonprofit
70	70	corporation shall serve in the same manner as, for the same term as,
71	71	and on the same conditions as the board of directors of a local
72	72	government corporation created under Chapter 431, Transportation
73	73	Code.
74	74	(d) The nonprofit corporation may be dissolved as provided
75	75	by Chapter 431, Transportation Code, for a corporation created
76	76	under that chapter.
77	77	Sec. 3802.1045. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
78	78	The district may join and pay dues to an organization that:
79	79	(1) is exempt from federal income taxation under
80	80	Section 501(a), Internal Revenue Code of 1986, by being listed as an
81	81	exempt organization under Section 501(c)(3), (4), or (6) of that
82	82	code; and
83	83	(2) performs a service or provides an activity
84	84	consistent with the furtherance of a district purpose.
85	85	SECTION 6. Section 3802.106, Special District Local Laws
86	86	Code, as added by Chapter 728 (H.B. 2018), Acts of the 79th
87	87	Legislature, Regular Session, 2005, is renumbered as Section
88	88	3802.107, Special District Local Laws Code, to read as follows:
89	89	Sec. 3802.107 [3802.106]. CONFERENCE AND CONVOCATION
90	90	CENTERS. The district may finance, acquire, lease as a lessor or
91	91	lessee, construct, improve, operate, or maintain conference and
92	92	convocation centers and supporting facilities. The district may
93	93	enter into a long-term operating agreement with any person for the
94	94	center or facility.
95	95	SECTION 7. Subchapter D, Chapter 3802, Special District
96	96	Local Laws Code, is amended by adding Section 3802.1575 to read as
97	97	follows:
98	98	Sec. 3802.1575. USE OF ELECTRICAL OR OPTICAL LINES. (a)
99	99	The district may impose an assessment to pay the cost of:
100	100	(1) burying or removing electrical power lines,
101	101	telephone lines, cable or fiber-optic lines, or any other type of
102	102	electrical or optical line;
103	103	(2) removing poles and any elevated lines using the
104	104	poles; and
105	105	(3) reconnecting the lines described by Subdivision
106	106	(2) to the buildings or other improvements to which the lines were
107	107	connected.
108	108	(b) The district may acquire, operate, or charge fees for
109	109	the use of the district conduits for:
110	110	(1) another person's:
111	111	(A) telecommunications network;
112	112	(B) fiber-optic cable; or
113	113	(C) electronic transmission line; or
114	114	(2) any other type of transmission line or supporting
115	115	facility.
116	116	(c) The district may not require a person to use a district
117	117	conduit.
118	118	SECTION 8. This Act takes effect immediately if it receives
119	119	a vote of two-thirds of all the members elected to each house, as
120	120	provided by Section 39, Article III, Texas Constitution. If this
121	121	Act does not receive the vote necessary for immediate effect, this
122	122	Act takes effect September 1, 2009.