Texas 2009 - 81st Regular

Texas Senate Bill SB2496 Compare Versions

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1	1	S.B. No. 2496
2	2
3	3
4	4	AN ACT
5	5	relating to the powers of the Westchase District.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subchapter A, Chapter 3802, Special District
8	8	Local Laws Code, is amended by adding Sections 3802.0045,
9	9	3802.0055, and 3802.008 to read as follows:
10	10	Sec. 3802.0045. PARKING. A parking improvement is
11	11	considered to be a street or road improvement.
12	12	Sec. 3802.0055. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
13	13	All or any part of the area of the district is eligible to be
14	14	included in:
15	15	(1) a tax increment reinvestment zone created by a
16	16	municipality under Chapter 311, Tax Code;
17	17	(2) a tax abatement reinvestment zone created by a
18	18	municipality under Chapter 312, Tax Code; or
19	19	(3) an enterprise zone created by a municipality under
20	20	Chapter 2303, Government Code.
21	21	Sec. 3802.008. TORT LIABILITY. The district is a
22	22	governmental unit under Chapter 101, Civil Practice and Remedies
23	23	Code, and the operations of the district are essential government
24	24	functions and are not proprietary functions for any purpose,
25	25	including the application of Chapter 101, Civil Practice and
26	26	Remedies Code.
27	27	SECTION 2. Section 3802.051, Special District Local Laws
28	28	Code, is amended to read as follows:
29	29	Sec. 3802.051. BOARD OF DIRECTORS; TERMS. (a) The
30	30	district is governed by a board of 17 directors who serve staggered
31	31	terms of four years, with eight or nine directors' terms expiring
32	32	June 1 of each odd-numbered year.
33	33	(b) The board by resolution may change the number of voting
34	34	directors on the board, but only if the board determines that the
35	35	change is in the best interest of the district. The board may not
36	36	consist of fewer than nine or more than 30 voting directors.
37	37	SECTION 3. Subchapter B, Chapter 3802, Special District
38	38	Local Laws Code, is amended by adding Section 3802.054 to read as
39	39	follows:
40	40	Sec. 3802.054. QUORUM. For purposes of determining whether
41	41	a quorum of the board is present, the following are not counted:
42	42	(1) a board position vacant for any reason, including
43	43	death, resignation, or disqualification;
44	44	(2) a director who is abstaining from participation in
45	45	a vote because of a conflict of interest; or
46	46	(3) a nonvoting director.
47	47	SECTION 4. Section 3802.103, Special District Local Laws
48	48	Code, is amended by adding Subsection (e) to read as follows:
49	49	(e) The implementation of a project is a governmental
50	50	function or service for the purposes of Chapter 791, Government
51	51	Code.
52	52	SECTION 5. Subchapter C, Chapter 3802, Special District
53	53	Local Laws Code, is amended by adding Sections 3802.102 and
54	54	3802.1045 to read as follows:
55	55	Sec. 3802.102. NONPROFIT CORPORATION. (a) The board by
56	56	resolution may authorize the creation of a nonprofit corporation to
57	57	assist and act for the district in implementing a project or
58	58	providing a service authorized by this chapter.
59	59	(b) The nonprofit corporation:
60	60	(1) has each power of and is considered for all
61	61	purposes to be a local government corporation created under Chapter
62	62	431, Transportation Code; and
63	63	(2) may implement any project and provide any service
64	64	authorized by this chapter.
65	65	(c) The board shall appoint the board of directors of the
66	66	nonprofit corporation. The board of directors of the nonprofit
67	67	corporation shall serve in the same manner as, for the same term as,
68	68	and on the same conditions as the board of directors of a local
69	69	government corporation created under Chapter 431, Transportation
70	70	Code.
71	71	(d) The nonprofit corporation may be dissolved as provided
72	72	by Chapter 431, Transportation Code, for a corporation created
73	73	under that chapter.
74	74	Sec. 3802.1045. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
75	75	The district may join and pay dues to an organization that:
76	76	(1) is exempt from federal income taxation under
77	77	Section 501(a), Internal Revenue Code of 1986, by being listed as an
78	78	exempt organization under Section 501(c)(3), (4), or (6) of that
79	79	code; and
80	80	(2) performs a service or provides an activity
81	81	consistent with the furtherance of a district purpose.
82	82	SECTION 6. Section 3802.106, Special District Local Laws
83	83	Code, as added by Chapter 728 (H.B. 2018), Acts of the 79th
84	84	Legislature, Regular Session, 2005, is renumbered as Section
85	85	3802.107, Special District Local Laws Code, to read as follows:
86	86	Sec. 3802.107 [3802.106]. CONFERENCE AND CONVOCATION
87	87	CENTERS. The district may finance, acquire, lease as a lessor or
88	88	lessee, construct, improve, operate, or maintain conference and
89	89	convocation centers and supporting facilities. The district may
90	90	enter into a long-term operating agreement with any person for the
91	91	center or facility.
92	92	SECTION 7. Subchapter D, Chapter 3802, Special District
93	93	Local Laws Code, is amended by adding Section 3802.1575 to read as
94	94	follows:
95	95	Sec. 3802.1575. USE OF ELECTRICAL OR OPTICAL LINES.
96	96	(a) The district may impose an assessment to pay the cost of:
97	97	(1) burying or removing electrical power lines,
98	98	telephone lines, cable or fiber-optic lines, or any other type of
99	99	electrical or optical line;
100	100	(2) removing poles and any elevated lines using the
101	101	poles; and
102	102	(3) reconnecting the lines described by Subdivision
103	103	(2) to the buildings or other improvements to which the lines were
104	104	connected.
105	105	(b) The assessment under Subsection (a) shall not be imposed
106	106	on the property, including the equipment, rights-of-way,
107	107	easements, facilities, or improvements, of a telecommunications
108	108	provider as defined by Section 51.002, Utilities Code, or a cable
109	109	service provider or video service provider as defined by Section
110	110	66.002, Utilities Code, unless the property is used as office
111	111	space.
112	112	(c) The district may acquire, operate, or charge fees for
113	113	the use of the district conduits for:
114	114	(1) another person's:
115	115	(A) telecommunications network;
116	116	(B) fiber-optic cable; or
117	117	(C) electronic transmission line; or
118	118	(2) any other type of transmission line or supporting
119	119	facility.
120	120	(d) The district may not require a person to use a district
121	121	conduit.
122	122	SECTION 8. 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.
127	127	______________________________ ______________________________
128	128	President of the Senate Speaker of the House
129	129	I hereby certify that S.B. No. 2496 passed the Senate on
130	130	May 7, 2009, by the following vote: Yeas 31, Nays 0.
131	131	______________________________
132	132	Secretary of the Senate
133	133	I hereby certify that S.B. No. 2496 passed the House on
134	134	May 25, 2009, by the following vote: Yeas 141, Nays 0, one
135	135	present not voting.
136	136	______________________________
137	137	Chief Clerk of the House
138	138	Approved:
139	139	______________________________
140	140	Date
141	141	______________________________
142	142	Governor