Texas 2009 - 81st Regular

Texas Senate Bill SB2448 Compare Versions

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

Old	New	Differences
1	1	81R7283 SJM-F
2	2	By: Huffman S.B. No. 2448
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Sienna Plantation
8	8	Management District; providing authority to manage a public transit
9	9	system and parking facilities and to impose a fee or issue bonds for
10	10	that purpose.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 3829, Special District
13	13	Local Laws Code, is amended by adding Section 3829.054 to read as
14	14	follows:
15	15	Sec. 3829.054. COMPENSATION. (a) A director is entitled to
16	16	receive fees of office and reimbursement for actual expenses as
17	17	provided by Section 49.060, Water Code.
18	18	(b) Sections 375.069 and 375.070, Local Government Code, do
19	19	not apply to the board.
20	20	SECTION 2. Section 3829.105, Special District Local Laws
21	21	Code, is amended to read as follows:
22	22	Sec. 3829.105. COMPETITIVE BIDDING. (a) Subchapter I,
23	23	Chapter 49, Water Code, applies to the district.
24	24	(b) Subchapter K, Chapter 375, Local Government Code, does
25	25	not apply to the district. [Section 375.221, Local Government Code,
26	26	applies to the district only for a contract that has a value greater
27	27	than $25,000.]
28	28	SECTION 3. Subchapter C, Chapter 3829, Special District
29	29	Local Laws Code, is amended by adding Section 3829.108 to read as
30	30	follows:
31	31	Sec. 3829.108. ANNEXATION OR EXCLUSION OF LAND. (a) The
32	32	district may annex land as provided by Subchapter J, Chapter 49,
33	33	Water Code.
34	34	(b) The district may exclude land as provided by Subchapter
35	35	J, Chapter 49, Water Code.
36	36	(c) Section 375.044(b), Local Government Code, does not
37	37	apply to the district.
38	38	SECTION 4. Section 3829.153, Special District Local Laws
39	39	Code, is amended by amending Subsection (a) and adding Subsection
40	40	(c) to read as follows:
41	41	(a) If authorized at an election held in accordance with
42	42	Section 3829.152, the district may impose an annual ad valorem tax
43	43	in accordance with Section 49.107, Water Code, on taxable property
44	44	in the district for any purpose, including the:
45	45	(1) maintenance and operation of the district and the
46	46	improvements constructed or acquired by the district; or
47	47	(2) provision of a service.
48	48	(c) Section 49.107(h), Water Code, does not apply to the
49	49	district.
50	50	SECTION 5. Section 3829.157, Special District Local Laws
51	51	Code, is amended by amending Subsection (b) and adding Subsections
52	52	(c) and (d) to read as follows:
53	53	(b) The district may borrow money on terms determined by the
54	54	board. Section 375.205, Local Government Code, does not apply to a
55	55	loan, line of credit, or other debt from a bank or financial
56	56	institution secured by revenue other than ad valorem taxes [In
57	57	exercising the district's power to borrow, the district may issue a
58	58	bond or other obligation in the form of a bond, note, certificate of
59	59	participation or other instrument evidencing a proportionate
60	60	interest in payments to be made by the district, or other type of
61	61	obligation].
62	62	(c) The limitation on the outstanding principal amount of
63	63	bonds, notes, and other obligations provided by Section 49.4645,
64	64	Water Code, does not apply to the district.
65	65	(d) At the time the district issues bonds payable wholly or
66	66	partly from ad valorem taxes, the board shall impose a continuing
67	67	direct annual ad valorem tax, without limit as to rate or amount,
68	68	for each year that all or part of the bonds are outstanding as
69	69	required and in the manner provided by Sections 54.601 and 54.602,
70	70	Water Code.
71	71	SECTION 6. Subchapter D, Chapter 3829, Special District
72	72	Local Laws Code, is amended by adding Sections 3829.160 and
73	73	3829.161 to read as follows:
74	74	Sec. 3829.160. MONEY USED FOR IMPROVEMENTS OR SERVICES.
75	75	The district may acquire, construct, finance, operate, or maintain
76	76	any improvement or service authorized under this chapter or Chapter
77	77	375, Local Government Code, using any money available to the
78	78	district.
79	79	Sec. 3829.161. METHOD OF NOTICE FOR HEARING. The district
80	80	may mail the notice required by Section 375.115(c), Local
81	81	Government Code, by certified or first class United States mail.
82	82	The board shall determine the method of notice.
83	83	SECTION 7. Chapter 3829, Special District Local Laws Code,
84	84	is amended by adding Subchapter F to read as follows:
85	85	SUBCHAPTER F. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
86	86	Sec. 3829.251. PUBLIC TRANSIT SYSTEM. The district may
87	87	acquire, lease as lessor or lessee, construct, develop, own,
88	88	operate, and maintain a public transit system to serve the area
89	89	within the boundaries of the district.
90	90	Sec. 3829.252. PARKING FACILITIES AUTHORIZED; OPERATION BY
91	91	PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
92	92	as lessor or lessee, construct, develop, own, operate, and maintain
93	93	parking facilities or a system of parking facilities, including:
94	94	(1) lots, garages, parking terminals, or other
95	95	structures or accommodations for motor vehicle off-street parking;
96	96	and
97	97	(2) equipment, entrances, exits, fencing, and other
98	98	accessories necessary for safety and convenience in parking
99	99	vehicles.
100	100	(b) A parking facility of the district may be leased to, or
101	101	operated for the district by, an entity other than the district.
102	102	(c) The district's parking facilities are a program
103	103	authorized by the legislature under Section 52-a, Article III,
104	104	Texas Constitution. The district's parking facilities serve the
105	105	public purposes of the district and are owned, used, and held for a
106	106	public purpose even if leased or operated by a private entity for a
107	107	term of years.
108	108	(d) The district's public parking facilities and any lease
109	109	to a private entity are exempt from the payment of ad valorem taxes
110	110	and state and local sales and use taxes.
111	111	Sec. 3829.253. RULES. The district may adopt rules
112	112	covering its public transit system or its public parking
113	113	facilities.
114	114	Sec. 3829.254. FINANCING OF PUBLIC TRANSIT SYSTEM OR
115	115	PARKING FACILITIES. (a) The district may use any of its resources,
116	116	including revenue, assessments, taxes, or grant or contract
117	117	proceeds, to pay the cost of acquiring or operating a public transit
118	118	system or public parking facilities.
119	119	(b) The district may:
120	120	(1) set, charge, impose, and collect fees, charges, or
121	121	tolls for the use of the public transit system or public parking
122	122	facilities; and
123	123	(2) issue bonds or notes to finance the cost of the
124	124	public transit system or public parking facilities.
125	125	SECTION 8. (a) The legal notice of the intention to
126	126	introduce this Act, setting forth the general substance of this
127	127	Act, has been published as provided by law, and the notice and a
128	128	copy of this Act have been furnished to all persons, agencies,
129	129	officials, or entities to which they are required to be furnished
130	130	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
131	131	Government Code.
132	132	(b) The governor, one of the required recipients, has
133	133	submitted the notice and Act to the Texas Commission on
134	134	Environmental Quality.
135	135	(c) The Texas Commission on Environmental Quality has filed
136	136	its recommendations relating to this Act with the governor,
137	137	lieutenant governor, and speaker of the house of representatives
138	138	within the required time.
139	139	(d) The general law relating to consent by political
140	140	subdivisions to the creation of districts with conservation,
141	141	reclamation, and road powers and the inclusion of land in those
142	142	districts has been complied with.
143	143	(e) All requirements of the constitution and laws of this
144	144	state and the rules and procedures of the legislature with respect
145	145	to the notice, introduction, and passage of this Act have been
146	146	fulfilled and accomplished.
147	147	SECTION 9. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2009.