By: Rose H.J.R. No. 83
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the legislature
to permit conservation and reclamation districts in Hays and
Chambers Counties to issue bonds supported by ad valorem taxes to
fund the development and maintenance of parks and recreational
facilities.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 59(c-1), Article XVI, Texas
Constitution, is amended to read as follows:
(c-1) In addition and only as provided by this subsection,
the Legislature may authorize conservation and reclamation
districts to develop and finance with taxes those types and
categories of parks and recreational facilities that were not
authorized by this section to be developed and financed with taxes
before September 13, 2003. For development of such parks and
recreational facilities, the Legislature may authorize
indebtedness payable from taxes as may be necessary to provide for
improvements and maintenance only for a conservation and
reclamation district all or part of which is located in Bexar
County, Bastrop County, Waller County, Hays County, Travis County,
Williamson County, Harris County, Galveston County, Chambers
County, Brazoria County, Fort Bend County, or Montgomery County, or
for the Tarrant Regional Water District, a water control and
improvement district located in whole or in part in Tarrant County.
All the indebtedness may be evidenced by bonds of the conservation
and reclamation district, to be issued under regulations as may be
prescribed by law. The Legislature may also authorize the levy and
collection within such district of all taxes, equitably
distributed, as may be necessary for the payment of the interest and
the creation of a sinking fund for the payment of the bonds and for
maintenance of and improvements to such parks and recreational
facilities. The indebtedness shall be a lien on the property
assessed for the payment of the bonds. The Legislature may not
authorize the issuance of bonds or provide for indebtedness under
this subsection against a conservation and reclamation district
unless a proposition is first submitted to the qualified voters of
the district and the proposition is adopted. This subsection
expands the authority of the Legislature with respect to certain
conservation and reclamation districts and is not a limitation on
the authority of the Legislature with respect to conservation and
reclamation districts and parks and recreational facilities
pursuant to this section as that authority existed before September
13, 2003.
SECTION 2. The legislature intends by the amendment
proposed by Section 1 of this resolution to expand the authority of
the legislature with regard to conservation and reclamation
districts in Hays and Chambers Counties. The proposed amendment
should not be construed as a limitation on the powers of the
legislature or of a district with respect to parks and recreational
facilities as those powers exist immediately before the amendment
takes effect.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
legislature to permit conservation and reclamation districts in
Hays and Chambers Counties to issue bonds supported by ad valorem
taxes to fund the development and maintenance of parks and
recreational facilities."