81R7283 SJM-F
By: Huffman S.B. No. 2448
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Sienna Plantation
Management District; providing authority to manage a public transit
system and parking facilities and to impose a fee or issue bonds for
that purpose.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 3829, Special District
Local Laws Code, is amended by adding Section 3829.054 to read as
follows:
Sec. 3829.054. COMPENSATION. (a) A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code.
(b) Sections 375.069 and 375.070, Local Government Code, do
not apply to the board.
SECTION 2. Section 3829.105, Special District Local Laws
Code, is amended to read as follows:
Sec. 3829.105. COMPETITIVE BIDDING. (a) Subchapter I,
Chapter 49, Water Code, applies to the district.
(b) Subchapter K, Chapter 375, Local Government Code, does
not apply to the district. [Section 375.221, Local Government Code,
applies to the district only for a contract that has a value greater
than $25,000.]
SECTION 3. Subchapter C, Chapter 3829, Special District
Local Laws Code, is amended by adding Section 3829.108 to read as
follows:
Sec. 3829.108. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code.
(c) Section 375.044(b), Local Government Code, does not
apply to the district.
SECTION 4. Section 3829.153, Special District Local Laws
Code, is amended by amending Subsection (a) and adding Subsection
(c) to read as follows:
(a) If authorized at an election held in accordance with
Section 3829.152, the district may impose an annual ad valorem tax
in accordance with Section 49.107, Water Code, on taxable property
in the district for any purpose, including the:
(1) maintenance and operation of the district and the
improvements constructed or acquired by the district; or
(2) provision of a service.
(c) Section 49.107(h), Water Code, does not apply to the
district.
SECTION 5. Section 3829.157, Special District Local Laws
Code, is amended by amending Subsection (b) and adding Subsections
(c) and (d) to read as follows:
(b) The district may borrow money on terms determined by the
board. Section 375.205, Local Government Code, does not apply to a
loan, line of credit, or other debt from a bank or financial
institution secured by revenue other than ad valorem taxes [In
exercising the district's power to borrow, the district may issue a
bond or other obligation in the form of a bond, note, certificate of
participation or other instrument evidencing a proportionate
interest in payments to be made by the district, or other type of
obligation].
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
(d) At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall impose a continuing
direct annual ad valorem tax, without limit as to rate or amount,
for each year that all or part of the bonds are outstanding as
required and in the manner provided by Sections 54.601 and 54.602,
Water Code.
SECTION 6. Subchapter D, Chapter 3829, Special District
Local Laws Code, is amended by adding Sections 3829.160 and
3829.161 to read as follows:
Sec. 3829.160. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3829.161. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of notice.
SECTION 7. Chapter 3829, Special District Local Laws Code,
is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
Sec. 3829.251. PUBLIC TRANSIT SYSTEM. The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain a public transit system to serve the area
within the boundaries of the district.
Sec. 3829.252. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
as lessor or lessee, construct, develop, own, operate, and maintain
parking facilities or a system of parking facilities, including:
(1) lots, garages, parking terminals, or other
structures or accommodations for motor vehicle off-street parking;
and
(2) equipment, entrances, exits, fencing, and other
accessories necessary for safety and convenience in parking
vehicles.
(b) A parking facility of the district may be leased to, or
operated for the district by, an entity other than the district.
(c) The district's parking facilities are a program
authorized by the legislature under Section 52-a, Article III,
Texas Constitution. The district's parking facilities serve the
public purposes of the district and are owned, used, and held for a
public purpose even if leased or operated by a private entity for a
term of years.
(d) The district's public parking facilities and any lease
to a private entity are exempt from the payment of ad valorem taxes
and state and local sales and use taxes.
Sec. 3829.253. RULES. The district may adopt rules
covering its public transit system or its public parking
facilities.
Sec. 3829.254. FINANCING OF PUBLIC TRANSIT SYSTEM OR
PARKING FACILITIES. (a) The district may use any of its resources,
including revenue, assessments, taxes, or grant or contract
proceeds, to pay the cost of acquiring or operating a public transit
system or public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or
tolls for the use of the public transit system or public parking
facilities; and
(2) issue bonds or notes to finance the cost of the
public transit system or public parking facilities.
SECTION 8. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.