S.B. No. 2453
AN ACT
relating to the East Montgomery County Improvement District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) This section takes effect only if the Act of
the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law.
(b) Subdivision (3), Section 3846.001, Special District
Local Laws Code, is amended to read as follows:
(3) "Venue" means a convention center facility or
related improvement such as a convention center, civic center,
civic center building, civic center hotel, auditorium, theater,
opera house, music hall, exhibition hall, rehearsal hall, park,
zoological park, museum, aquarium, tourist development area along
an inland waterway, or plaza.
SECTION 2. (a) This section takes effect only if the Act of
the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
(b) Subdivision (1), Subsection (a), Section 33, Chapter
1316, Acts of the 75th Legislature, Regular Session, 1997, as added
by Section 11, Chapter 950, Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(1) "Venue" means a convention center facility or
related improvement such as a convention center, civic center,
civic center building, civic center hotel, auditorium, theater,
opera house, music hall, exhibition hall, rehearsal hall, park,
zoological park, museum, aquarium, tourist development area along
an inland waterway, or plaza.
SECTION 3. Subsections (d) and (e), Section 3846.155,
Special District Local Laws Code, are amended to read as follows:
(d) If as a result of the imposition or increase in a sales
and use tax by the district as provided under this section or
Section 3846.152, the overlapping local sales and use taxes in a
municipality or political subdivision located in the boundaries of
the district will exceed two percent, the municipality's or
political subdivision's sales and use tax is automatically reduced
in that municipality or political subdivision to a rate that, when
added to the district's rate, does not exceed two percent.
(e) If the tax rate of a municipality or political
subdivision is reduced in accordance with Subsection (d), the
comptroller shall withhold from the district's monthly sales and
use tax allocation an amount equal to the amount that would have
been collected by the municipality or political subdivision had the
district not imposed or increased its sales and use tax less amounts
that the municipality or political subdivision collects following
the district's imposition of or increase in its sales and use tax.
The comptroller shall withhold and pay the amount withheld to the
municipality or political subdivision under policies or procedures
that the comptroller considers reasonable.
SECTION 4. Section 3846.162, Special District Local Laws
Code, is amended to read as follows:
Sec. 3846.162. BORROWING MONEY. The district may borrow
money for the corporate purposes of the district and may issue bonds
as authorized by Section 3846.164 for any district purpose,
including for the purpose of an economic development program under
Section 3846.106.
SECTION 5. (a) This section takes effect only if the Act of
the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law.
(b) Sections 3846.253 and 3846.260, Special District Local
Laws Code, are amended to read as follows:
Sec. 3846.253. DEVELOPMENT ZONES AUTHORIZED. The board, on
its own motion or on receipt of a petition signed by the owners of
all real property in a defined area of the district consisting of
one tract of land containing at least 25 [or more] contiguous acres
and any additional smaller or larger tracts, as appropriate [of
land], by resolution may create, designate, describe, assign a name
to, and appoint the governing body for a development zone in the
district to promote development or redevelopment of the area, if
the board finds that the creation of the zone will further the
public purposes of:
(1) the development and diversification of the economy
of the district and the state;
(2) the elimination of unemployment or
underemployment in the district and the state;
(3) the development or expansion of transportation or
commerce in the district and the state; or
(4) the promotion and stimulation of business,
commercial, and economic activity in the district and the state.
Sec. 3846.260. DEVELOPMENT ZONE BOUNDARIES. The boundaries
of a development zone may be reduced or enlarged in the manner
provided by this subchapter for creation of a zone, except that the
boundaries may not be reduced to less than 25 contiguous acres. A
development zone may be enlarged to include noncontiguous tracts
only if on the date the zone is enlarged the zone contains at least
one tract consisting of at least 25 contiguous acres. A
confirmation election is not required for an enlargement if:
(1) all landowners of the area proposed to be added
consent to the enlargement and the tax authorization in the zone;
and
(2) the enlarged area does not have any registered
voters who reside in the area.
SECTION 6. (a) This section takes effect only if the Act of
the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
(b) Subsections (b) and (j), Section 30, Chapter 1316, Acts
of the 75th Legislature, Regular Session, 1997, as added by Section
9, Chapter 950, Acts of the 80th Legislature, Regular Session,
2007, are amended to read as follows:
(b) The board, on its own motion or on receipt of a petition
signed by the owners of all real property in a defined area of the
district consisting of one tract of land containing at least 25 [or
more] contiguous acres and any additional smaller or larger tracts,
as appropriate [of land], by resolution may create, designate,
describe, assign a name to, and appoint the governing body for a
development zone in the district to promote development or
redevelopment of the area, if the board finds that the creation of
the zone will further the public purposes of:
(1) the development and diversification of the economy
of the district and the state;
(2) the elimination of unemployment or
underemployment in the district and the state;
(3) the development or expansion of transportation or
commerce in the district and the state; or
(4) the promotion and stimulation of business,
commercial, and economic activity in the district and the state.
(j) The boundaries of a development zone may be reduced or
enlarged in the manner provided by this section for creation of a
zone, except that the boundaries may not be reduced to less than 25
contiguous acres. A development zone may be enlarged to include
noncontiguous tracts only if on the date the zone is enlarged the
zone contains at least one tract consisting of at least 25
contiguous acres. A confirmation election is not required for an
enlargement if:
(1) all landowners of the area proposed to be added
consent to the enlargement and the tax authorization in the zone;
and
(2) the enlarged area does not have any registered
voters who reside in the area.
SECTION 7. (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 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) 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 are fulfilled
and accomplished.
SECTION 8. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2453 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 30, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2453 passed the House, with
amendment, on May 26, 2009, by the following vote: Yeas 122,
Nays 22, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor