Texas 2009 - 81st Regular

Texas Senate Bill SB2491 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	By: Uresti S.B. No. 2491
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the powers and duties of certain public improvement
7	7	districts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. (a) Section 372.1011, Local Government Code, is
10	10	amended to read as follows:
11	11	Sec. 372.1011. APPLICABILITY. This subchapter applies only
12	12	to:
13	13	(1) a county with a population of 1.2 million
14	14	[825,000] or more, other than a county that:
15	15	(A) borders on the Gulf of Mexico or a bay or
16	16	inlet of the gulf; or
17	17	(B) has two municipalities located wholly or
18	18	partly in its boundaries each having a population of 300,000 or
19	19	more; or
20	20	(2) a county with a population of 70,000 or more that
21	21	is adjacent to a county described by Subdivision (1) in which a
22	22	municipality with a population of 35,000 or more is primarily
23	23	situated and includes all or a part of the extraterritorial
24	24	jurisdiction of a municipality with a population of 1.1 million or
25	25	more.
26	26	(b) This section takes effect only if the Act of the 81st
27	27	Legislature, Regular Session, 2009, relating to nonsubstantive
28	28	additions to and corrections in enacted codes does not become law.
29	29	If the Act of the 81st Legislature, Regular Session, 2009, relating
30	30	to nonsubstantive additions to and corrections in enacted codes
31	31	becomes law, this section has no effect.
32	32	SECTION 2. Subchapter C, Chapter 372, Local Government
33	33	Code, is amended by adding Section 372.1245 to read as follows:
34	34	Sec. 372.1245. ANNEXATION OR EXCLUSION OF LAND. (a) A
35	35	district may annex or exclude land from the district as provided by
36	36	Subchapter J, Chapter 49, Water Code.
37	37	(b) Before a district may adopt an order adding or excluding
38	38	land, the district must obtain the consent of:
39	39	(1) the county that created the district by a
40	40	resolution of the county commissioners court; and
41	41	(2) if Section 372.113(c) applies to the district, a
42	42	municipality in which the district is located by a resolution
43	43	adopted by the municipality's governing body.
44	44	SECTION 3. Subsection (c), Section 372.127, Local
45	45	Government Code, is amended to read as follows:
46	46	(c) A county must adopt an order providing whether a
47	47	district has the authority to impose a hotel occupancy tax, sales
48	48	and use tax, or ad valorem tax, and must provide the maximum rate at
49	49	which the district may impose the tax. [A tax rate approved by the
50	50	commissioners court and pledged to secure bonds, notes, grant
51	51	agreements, or development agreements may not be reduced until the
52	52	obligations of those instruments have been satisfied.]
53	53	SECTION 4. (a) Section 382.002, Local Government Code, is
54	54	amended to read as follows:
55	55	Sec. 382.002. APPLICABILITY. This chapter applies only
56	56	to:
57	57	(1) a county with a population of 1.2 million
58	58	[825,000] or more, other than a county that:
59	59	(A) borders on the Gulf of Mexico or a bay or
60	60	inlet of the gulf; or
61	61	(B) has two municipalities located wholly or
62	62	partly in its boundaries each having a population of 300,000 or
63	63	more; or
64	64	(2) a county with a population of 70,000 or more that
65	65	is adjacent to a county described by Subdivision (1) in which a
66	66	municipality with a population of 35,000 or more is primarily
67	67	situated and includes all or a part of the extraterritorial
68	68	jurisdiction of a municipality with a population of 1.1 million or
69	69	more.
70	70	(b) This section takes effect only if the Act of the 81st
71	71	Legislature, Regular Session, 2009, relating to nonsubstantive
72	72	additions to and corrections in enacted codes becomes law. If the
73	73	Act of the 81st Legislature, Regular Session, 2009, relating to
74	74	nonsubstantive additions to and corrections in enacted codes does
75	75	not become law, this section has no effect.
76	76	SECTION 5. Subchapter C, Chapter 382, Local Government
77	77	Code, is amended by adding Section 382.113 to read as follows:
78	78	Sec. 382.113. ANNEXATION OR EXCLUSION OF LAND. (a) A
79	79	district may annex or exclude land from the district as provided by
80	80	Subchapter J, Chapter 49, Water Code.
81	81	(b) Before a district may adopt an order adding or excluding
82	82	land, the district must obtain the consent of:
83	83	(1) the county that created the district by a
84	84	resolution of the county commissioners court; and
85	85	(2) if Section 382.101(c) applies to the district, a
86	86	municipality in which the district is located by a resolution
87	87	adopted by the municipality's governing body.
88	88	SECTION 6. Subsection (c), Section 382.153, Local
89	89	Government Code, is amended to read as follows:
90	90	(c) A county must adopt an order providing whether a
91	91	district has the authority to impose a hotel occupancy tax, sales
92	92	and use tax, or ad valorem tax, and must provide the maximum rate at
93	93	which the district may impose the tax. [A tax rate approved by the
94	94	commissioners court and pledged to secure bonds, notes, grant
95	95	agreements, or development agreements may not be reduced until the
96	96	obligations of those instruments have been satisfied.]
97	97	SECTION 7. (a) The legislature validates and confirms all
98	98	governmental acts and proceedings before the effective date of this
99	99	Act of a district created under Subchapter C, Chapter 372, Local
100	100	Government Code, as that chapter existed before the effective date
101	101	of this Act, including acts of the district's board of directors.
102	102	(b) Subsection (a) of this section does not apply to a
103	103	matter that on the effective date of this Act:
104	104	(1) is involved in litigation, if the litigation
105	105	ultimately results in the matter being held invalid by a final court
106	106	judgment; or
107	107	(2) has been held invalid by a final court judgment.
108	108	SECTION 8. (a) Sections 2 and 3 of this Act take effect
109	109	only if the Act of the 81st Legislature, Regular Session, 2009,
110	110	relating to nonsubstantive additions to and corrections in enacted
111	111	codes does not become law. If the Act of the 81st Legislature,
112	112	Regular Session, 2009, relating to nonsubstantive additions to and
113	113	corrections in enacted codes becomes law, Sections 2 and 3 of this
114	114	Act have no effect.
115	115	(b) Sections 5 and 6 of this Act take effect only if the Act
116	116	of the 81st Legislature, Regular Session, 2009, relating to
117	117	nonsubstantive additions to and corrections in enacted codes
118	118	becomes law. If the Act of the 81st Legislature, Regular Session,
119	119	2009, relating to nonsubstantive additions to and corrections in
120	120	enacted codes does not become law, Sections 5 and 6 of this Act have
121	121	no effect.
122	122	SECTION 9. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2009.