Texas 2009 - 81st Regular

Texas Senate Bill SB1033 Compare Versions

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Old	New	Differences
1	1	81R5764 SJM-F
2	2	By: Fraser S.B. No. 1033
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the purposes and powers of the Temple Health and
8	8	Bioscience Economic Development District.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 3831.002, Special District Local Laws
11	11	Code, is amended by amending Subsection (a) and adding Subsection
12	12	(e) to read as follows:
13	13	(a) The creation of the district is essential to accomplish
14	14	the purposes of Section 52-a, Article III, and Section 59, Article
15	15	XVI, Texas Constitution, and to accomplish other public purposes
16	16	stated in this chapter, including:
17	17	(1) development and diversification of the economy of
18	18	the state;
19	19	(2) the elimination of unemployment or
20	20	underemployment in the state;
21	21	(3) the stimulation of agricultural innovation;
22	22	(4) fostering the growth of enterprises based on
23	23	agriculture; and
24	24	(5) the development or expansion of transportation or
25	25	commerce in the state.
26	26	(e) Property owners in the district benefit from the
27	27	district and its activities.
28	28	SECTION 2. Subchapter A, Chapter 3831, Special District
29	29	Local Laws Code, is amended by adding Section 3831.006 to read as
30	30	follows:
31	31	Sec. 3831.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
32	32	(a) All or part of the area of the district is eligible to be
33	33	included in:
34	34	(1) a tax increment reinvestment zone created by the
35	35	City of Temple under Chapter 311, Tax Code; or
36	36	(2) a tax abatement reinvestment zone created by the
37	37	City of Temple under Chapter 312, Tax Code.
38	38	(b) If the City of Temple creates a tax increment
39	39	reinvestment zone described by Subsection (a), the city and the
40	40	board of directors of the zone, by contract with the district, may:
41	41	(1) grant money deposited in the tax increment fund to
42	42	the district to be used by the district for any purpose, including
43	43	pledging the money as security for any bonds issued by the district
44	44	for an improvement project; or
45	45	(2) give the district the power to manage or implement
46	46	a reinvestment zone's project or financing plans.
47	47	SECTION 3. Section 3831.104, Special District Local Laws
48	48	Code, is amended to read as follows:
49	49	Sec. 3831.104. PROPERTY. The district may exercise any
50	50	type of property right, including the power to acquire, sell, or
51	51	lease as lessee or lessor, regarding any type of property interest
52	52	located inside or outside the boundaries of the district [in the
53	53	district or for use in the district] under terms determined by the
54	54	board.
55	55	SECTION 4. Section 3831.109, Special District Local Laws
56	56	Code, is amended to read as follows:
57	57	Sec. 3831.109. FEES FOR USE OF DISTRICT IMPROVEMENTS. The
58	58	district may establish and maintain reasonable and
59	59	nondiscriminatory rates, fares, charges, rents, or other fees or
60	60	compensation for the use of the improvements constructed, operated,
61	61	leased to or by, or maintained by the district.
62	62	SECTION 5. Section 3831.111(a), Special District Local Laws
63	63	Code, is amended to read as follows:
64	64	(a) The district may establish projects inside or outside
65	65	the boundaries of the district for:
66	66	(1) bioscience and health products, including
67	67	projects related to:
68	68	(A) research and development;
69	69	(B) invention and discovery;
70	70	(C) commercialization;
71	71	(D) production and manufacturing of goods and
72	72	products, including projects for manufacturing facilities; and
73	73	(E) development of production process and
74	74	delivery system purposes in, involved in, based on, or related to,
75	75	or intended to advance the state of knowledge, skill, and
76	76	understanding of, the biosciences, including:
77	77	(i) wet laboratories;
78	78	(ii) clean rooms;
79	79	(iii) dry laboratories;
80	80	(iv) research and development facilities;
81	81	(v) genetics facilities and equipment;
82	82	(vi) pharmaceutical facilities and
83	83	equipment;
84	84	(vii) biotechnology incubators;
85	85	(viii) bioscience and biotechnology health
86	86	care facilities;
87	87	(ix) biotechnology facilities;
88	88	(x) bioscience facilities; and
89	89	(xi) other similar projects;
90	90	(2) bioscience education, including projects for
91	91	health or biotechnology education facilities, regardless of any
92	92	affiliation with other institutions of higher, vocational, or job
93	93	training education;
94	94	(3) access to public safety facilities and equipment;
95	95	(4) streets and roads;
96	96	(5) drainage services;
97	97	(6) wastewater services;
98	98	(7) potable water services;
99	99	(8) telecommunication facilities;
100	100	(9) demolition of existing structures;
101	101	(10) development and institution of water
102	102	conservation programs;
103	103	(11) chilled water services;
104	104	(12) steam services;
105	105	(13) industrial gases services;
106	106	(14) other utility and process and production
107	107	services; or
108	108	(15) the support of any other type of health or
109	109	bioscience projects.
110	110	SECTION 6. Section 3831.114(a), Special District Local Laws
111	111	Code, is amended to read as follows:
112	112	(a) The board by resolution may authorize the creation of a
113	113	nonprofit corporation[, including a scientific corporation,] under
114	114	the Business Organizations Code. The nonprofit corporation may be
115	115	organized to perform biomedical or scientific research or
116	116	biomedical or scientific education for the benefit of the public.
117	117	The nonprofit corporation shall assist and act for the district in
118	118	implementing a project or providing a service authorized by this
119	119	chapter or Chapter 431, Transportation Code.
120	120	SECTION 7. Section 3831.160, Special District Local Laws
121	121	Code, is amended by amending Subsection (a) and adding Subsections
122	122	(c), (d), (e), (f), and (g) to read as follows:
123	123	(a) The district may issue obligations, including revenue
124	124	bonds, to pay the costs of a project located inside or outside the
125	125	boundaries of [in] the district. The proceeds of bonds or other
126	126	obligations that are payable wholly or partly from ad valorem taxes
127	127	may not be used for a project located outside the district.
128	128	(c) Revenue bonds or other district obligations may be
129	129	payable from and secured by:
130	130	(1) revenue derived from the district's operations,
131	131	including district projects;
132	132	(2) proceeds of a grant or other funds received by the
133	133	district;
134	134	(3) revenue derived from a lease or contract entered
135	135	into by the district; or
136	136	(4) assessments collected by the district.
137	137	(d) Revenue bonds or other district obligations may be
138	138	secured by a mortgage or deed of trust lien on the district's
139	139	interest in a project or property, including a fee title or a
140	140	leasehold interest.
141	141	(e) The district may issue general obligation bonds if
142	142	general obligation bonds are authorized by an election held under
143	143	Subchapter F.
144	144	(f) For purposes of this chapter, the district:
145	145	(1) is an issuer under Chapter 1371, Government Code,
146	146	and may issue bonds or obligations under that chapter; and
147	147	(2) may issue refunding bonds or obligations under
148	148	Chapter 1207, Government Code.
149	149	(g) Except for water, sewer, or drainage projects financed
150	150	by taxes imposed by the district, the district may issue bonds or
151	151	other obligations and pursue projects without an order of the Texas
152	152	Commission on Environmental Quality under Section 49.181(a), Water
153	153	Code.
154	154	SECTION 8. Section 3831.201, Special District Local Laws
155	155	Code, is amended to read as follows:
156	156	Sec. 3831.201. IMPOSITION OF AD VALOREM TAX. If authorized
157	157	at an election held under Section 3831.255, the district by order:
158	158	(1) may [by order] impose an annual ad valorem tax on
159	159	taxable property in the district to pay for projects or district
160	160	operating expenses; and
161	161	(2) shall [by order] impose an ad valorem tax to pay
162	162	for obligations that are payable wholly or partly from ad valorem
163	163	taxes.
164	164	SECTION 9. This Act takes effect immediately if it receives
165	165	a vote of two-thirds of all the members elected to each house, as
166	166	provided by Section 39, Article III, Texas Constitution. If this
167	167	Act does not receive the vote necessary for immediate effect, this
168	168	Act takes effect September 1, 2009.