| 1 | 1 | | S.B. No. 1035 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the cities or counties that may create a cultural |
|---|
| 6 | 6 | | education facilities finance corporation. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Subsection (d), Section 4, Cultural Education |
|---|
| 9 | 9 | | Facilities Finance Corporation Act (Article 1528m, Vernon's Texas |
|---|
| 10 | 10 | | Civil Statutes), is amended to read as follows: |
|---|
| 11 | 11 | | (d) Regardless of any provision in Chapter 221, Health and |
|---|
| 12 | 12 | | Safety Code, or Chapter 53, Education Code, the authority of the |
|---|
| 13 | 13 | | corporation may be exercised inside or outside the limits of the |
|---|
| 14 | 14 | | city that created the corporation if the city is located in a county |
|---|
| 15 | 15 | | with a population of more than 300,000 [400,000] or inside or |
|---|
| 16 | 16 | | outside the limits of the county that created the corporation if the |
|---|
| 17 | 17 | | county has a population of more than 300,000 [400,000]. The |
|---|
| 18 | 18 | | authority may be exercised without the consent or other action of |
|---|
| 19 | 19 | | any person that would otherwise be required under Chapter 221, |
|---|
| 20 | 20 | | Health and Safety Code, or Chapter 53, Education Code, unless the |
|---|
| 21 | 21 | | articles of incorporation or bylaws of the corporation provide |
|---|
| 22 | 22 | | differently. The authority of a corporation under this section |
|---|
| 23 | 23 | | shall not preempt the police powers of any sponsoring entity or any |
|---|
| 24 | 24 | | other laws regulating or empowering sponsoring entities to regulate |
|---|
| 25 | 25 | | the activities of the corporation. |
|---|
| 26 | 26 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 30 | 30 | | Act takes effect September 1, 2009. |
|---|
| 31 | 31 | | ______________________________ ______________________________ |
|---|
| 32 | 32 | | President of the Senate Speaker of the House |
|---|
| 33 | 33 | | I hereby certify that S.B. No. 1035 passed the Senate on |
|---|
| 34 | 34 | | April 16, 2009, by the following vote: Yeas 31, Nays 0. |
|---|
| 35 | 35 | | ______________________________ |
|---|
| 36 | 36 | | Secretary of the Senate |
|---|
| 37 | 37 | | I hereby certify that S.B. No. 1035 passed the House on |
|---|
| 38 | 38 | | May 15, 2009, by the following vote: Yeas 142, Nays 2, one |
|---|
| 39 | 39 | | present not voting. |
|---|
| 40 | 40 | | ______________________________ |
|---|
| 41 | 41 | | Chief Clerk of the House |
|---|
| 42 | 42 | | Approved: |
|---|
| 43 | 43 | | ______________________________ |
|---|
| 44 | 44 | | Date |
|---|
| 45 | 45 | | ______________________________ |
|---|
| 46 | 46 | | Governor |
|---|