Texas 2009 - 81st Regular

Texas Senate Bill SB2453 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2453
2	2
3	3
4	4	AN ACT
5	5	relating to the East Montgomery County Improvement District.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. (a) This section takes effect only if the Act of
8	8	the 81st Legislature, Regular Session, 2009, relating to
9	9	nonsubstantive additions to and corrections in enacted codes
10	10	becomes law.
11	11	(b) Subdivision (3), Section 3846.001, Special District
12	12	Local Laws Code, is amended to read as follows:
13	13	(3) "Venue" means a convention center facility or
14	14	related improvement such as a convention center, civic center,
15	15	civic center building, civic center hotel, auditorium, theater,
16	16	opera house, music hall, exhibition hall, rehearsal hall, park,
17	17	zoological park, museum, aquarium, tourist development area along
18	18	an inland waterway, or plaza.
19	19	SECTION 2. (a) This section takes effect only if the Act of
20	20	the 81st Legislature, Regular Session, 2009, relating to
21	21	nonsubstantive additions to and corrections in enacted codes does
22	22	not become law.
23	23	(b) Subdivision (1), Subsection (a), Section 33, Chapter
24	24	1316, Acts of the 75th Legislature, Regular Session, 1997, as added
25	25	by Section 11, Chapter 950, Acts of the 80th Legislature, Regular
26	26	Session, 2007, is amended to read as follows:
27	27	(1) "Venue" means a convention center facility or
28	28	related improvement such as a convention center, civic center,
29	29	civic center building, civic center hotel, auditorium, theater,
30	30	opera house, music hall, exhibition hall, rehearsal hall, park,
31	31	zoological park, museum, aquarium, tourist development area along
32	32	an inland waterway, or plaza.
33	33	SECTION 3. Subsections (d) and (e), Section 3846.155,
34	34	Special District Local Laws Code, are amended to read as follows:
35	35	(d) If as a result of the imposition or increase in a sales
36	36	and use tax by the district as provided under this section or
37	37	Section 3846.152, the overlapping local sales and use taxes in a
38	38	municipality or political subdivision located in the boundaries of
39	39	the district will exceed two percent, the municipality's or
40	40	political subdivision's sales and use tax is automatically reduced
41	41	in that municipality or political subdivision to a rate that, when
42	42	added to the district's rate, does not exceed two percent.
43	43	(e) If the tax rate of a municipality or political
44	44	subdivision is reduced in accordance with Subsection (d), the
45	45	comptroller shall withhold from the district's monthly sales and
46	46	use tax allocation an amount equal to the amount that would have
47	47	been collected by the municipality or political subdivision had the
48	48	district not imposed or increased its sales and use tax less amounts
49	49	that the municipality or political subdivision collects following
50	50	the district's imposition of or increase in its sales and use tax.
51	51	The comptroller shall withhold and pay the amount withheld to the
52	52	municipality or political subdivision under policies or procedures
53	53	that the comptroller considers reasonable.
54	54	SECTION 4. Section 3846.162, Special District Local Laws
55	55	Code, is amended to read as follows:
56	56	Sec. 3846.162. BORROWING MONEY. The district may borrow
57	57	money for the corporate purposes of the district and may issue bonds
58	58	as authorized by Section 3846.164 for any district purpose,
59	59	including for the purpose of an economic development program under
60	60	Section 3846.106.
61	61	SECTION 5. (a) This section takes effect only if the Act of
62	62	the 81st Legislature, Regular Session, 2009, relating to
63	63	nonsubstantive additions to and corrections in enacted codes
64	64	becomes law.
65	65	(b) Sections 3846.253 and 3846.260, Special District Local
66	66	Laws Code, are amended to read as follows:
67	67	Sec. 3846.253. DEVELOPMENT ZONES AUTHORIZED. The board, on
68	68	its own motion or on receipt of a petition signed by the owners of
69	69	all real property in a defined area of the district consisting of
70	70	one tract of land containing at least 25 [or more] contiguous acres
71	71	and any additional smaller or larger tracts, as appropriate [of
72	72	land], by resolution may create, designate, describe, assign a name
73	73	to, and appoint the governing body for a development zone in the
74	74	district to promote development or redevelopment of the area, if
75	75	the board finds that the creation of the zone will further the
76	76	public purposes of:
77	77	(1) the development and diversification of the economy
78	78	of the district and the state;
79	79	(2) the elimination of unemployment or
80	80	underemployment in the district and the state;
81	81	(3) the development or expansion of transportation or
82	82	commerce in the district and the state; or
83	83	(4) the promotion and stimulation of business,
84	84	commercial, and economic activity in the district and the state.
85	85	Sec. 3846.260. DEVELOPMENT ZONE BOUNDARIES. The boundaries
86	86	of a development zone may be reduced or enlarged in the manner
87	87	provided by this subchapter for creation of a zone, except that the
88	88	boundaries may not be reduced to less than 25 contiguous acres. A
89	89	development zone may be enlarged to include noncontiguous tracts
90	90	only if on the date the zone is enlarged the zone contains at least
91	91	one tract consisting of at least 25 contiguous acres. A
92	92	confirmation election is not required for an enlargement if:
93	93	(1) all landowners of the area proposed to be added
94	94	consent to the enlargement and the tax authorization in the zone;
95	95	and
96	96	(2) the enlarged area does not have any registered
97	97	voters who reside in the area.
98	98	SECTION 6. (a) This section takes effect only if the Act of
99	99	the 81st Legislature, Regular Session, 2009, relating to
100	100	nonsubstantive additions to and corrections in enacted codes does
101	101	not become law.
102	102	(b) Subsections (b) and (j), Section 30, Chapter 1316, Acts
103	103	of the 75th Legislature, Regular Session, 1997, as added by Section
104	104	9, Chapter 950, Acts of the 80th Legislature, Regular Session,
105	105	2007, are amended to read as follows:
106	106	(b) The board, on its own motion or on receipt of a petition
107	107	signed by the owners of all real property in a defined area of the
108	108	district consisting of one tract of land containing at least 25 [or
109	109	more] contiguous acres and any additional smaller or larger tracts,
110	110	as appropriate [of land], by resolution may create, designate,
111	111	describe, assign a name to, and appoint the governing body for a
112	112	development zone in the district to promote development or
113	113	redevelopment of the area, if the board finds that the creation of
114	114	the zone will further the public purposes of:
115	115	(1) the development and diversification of the economy
116	116	of the district and the state;
117	117	(2) the elimination of unemployment or
118	118	underemployment in the district and the state;
119	119	(3) the development or expansion of transportation or
120	120	commerce in the district and the state; or
121	121	(4) the promotion and stimulation of business,
122	122	commercial, and economic activity in the district and the state.
123	123	(j) The boundaries of a development zone may be reduced or
124	124	enlarged in the manner provided by this section for creation of a
125	125	zone, except that the boundaries may not be reduced to less than 25
126	126	contiguous acres. A development zone may be enlarged to include
127	127	noncontiguous tracts only if on the date the zone is enlarged the
128	128	zone contains at least one tract consisting of at least 25
129	129	contiguous acres. A confirmation election is not required for an
130	130	enlargement if:
131	131	(1) all landowners of the area proposed to be added
132	132	consent to the enlargement and the tax authorization in the zone;
133	133	and
134	134	(2) the enlarged area does not have any registered
135	135	voters who reside in the area.
136	136	SECTION 7. (a) The legal notice of the intention to
137	137	introduce this Act, setting forth the general substance of this
138	138	Act, has been published as provided by law, and the notice and a
139	139	copy of this Act have been furnished to all persons, agencies,
140	140	officials, or entities to which they are required to be furnished
141	141	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
142	142	Government Code.
143	143	(b) The governor has submitted the notice and Act to the
144	144	Texas Commission on Environmental Quality.
145	145	(c) The Texas Commission on Environmental Quality has filed
146	146	its recommendations relating to this Act with the governor,
147	147	lieutenant governor, and speaker of the house of representatives
148	148	within the required time.
149	149	(d) All requirements of the constitution and laws of this
150	150	state and the rules and procedures of the legislature with respect
151	151	to the notice, introduction, and passage of this Act are fulfilled
152	152	and accomplished.
153	153	SECTION 8. This Act takes effect September 1, 2009.
154	154	______________________________ ______________________________
155	155	President of the Senate Speaker of the House
156	156	I hereby certify that S.B. No. 2453 passed the Senate on
157	157	April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
158	158	the Senate concurred in House amendment on May 30, 2009, by the
159	159	following vote: Yeas 31, Nays 0.
160	160	______________________________
161	161	Secretary of the Senate
162	162	I hereby certify that S.B. No. 2453 passed the House, with
163	163	amendment, on May 26, 2009, by the following vote: Yeas 122,
164	164	Nays 22, one present not voting.
165	165	______________________________
166	166	Chief Clerk of the House
167	167	Approved:
168	168	______________________________
169	169	Date
170	170	______________________________
171	171	Governor