S.B. No. 2496
AN ACT
relating to the powers of the Westchase District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 3802, Special District
Local Laws Code, is amended by adding Sections 3802.0045,
3802.0055, and 3802.008 to read as follows:
Sec. 3802.0045. PARKING. A parking improvement is
considered to be a street or road improvement.
Sec. 3802.0055. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by a
municipality under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by a
municipality under Chapter 312, Tax Code; or
(3) an enterprise zone created by a municipality under
Chapter 2303, Government Code.
Sec. 3802.008. TORT LIABILITY. The district is a
governmental unit under Chapter 101, Civil Practice and Remedies
Code, and the operations of the district are essential government
functions and are not proprietary functions for any purpose,
including the application of Chapter 101, Civil Practice and
Remedies Code.
SECTION 2. Section 3802.051, Special District Local Laws
Code, is amended to read as follows:
Sec. 3802.051. BOARD OF DIRECTORS; TERMS. (a) The
district is governed by a board of 17 directors who serve staggered
terms of four years, with eight or nine directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board, but only if the board determines that the
change is in the best interest of the district. The board may not
consist of fewer than nine or more than 30 voting directors.
SECTION 3. Subchapter B, Chapter 3802, Special District
Local Laws Code, is amended by adding Section 3802.054 to read as
follows:
Sec. 3802.054. QUORUM. For purposes of determining whether
a quorum of the board is present, the following are not counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
SECTION 4. Section 3802.103, Special District Local Laws
Code, is amended by adding Subsection (e) to read as follows:
(e) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
SECTION 5. Subchapter C, Chapter 3802, Special District
Local Laws Code, is amended by adding Sections 3802.102 and
3802.1045 to read as follows:
Sec. 3802.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for all
purposes to be a local government corporation created under Chapter
431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as, for the same term as,
and on the same conditions as the board of directors of a local
government corporation created under Chapter 431, Transportation
Code.
(d) The nonprofit corporation may be dissolved as provided
by Chapter 431, Transportation Code, for a corporation created
under that chapter.
Sec. 3802.1045. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to an organization that:
(1) is exempt from federal income taxation under
Section 501(a), Internal Revenue Code of 1986, by being listed as an
exempt organization under Section 501(c)(3), (4), or (6) of that
code; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose.
SECTION 6. Section 3802.106, Special District Local Laws
Code, as added by Chapter 728 (H.B. 2018), Acts of the 79th
Legislature, Regular Session, 2005, is renumbered as Section
3802.107, Special District Local Laws Code, to read as follows:
Sec. 3802.107 [3802.106]. CONFERENCE AND CONVOCATION
CENTERS. The district may finance, acquire, lease as a lessor or
lessee, construct, improve, operate, or maintain conference and
convocation centers and supporting facilities. The district may
enter into a long-term operating agreement with any person for the
center or facility.
SECTION 7. Subchapter D, Chapter 3802, Special District
Local Laws Code, is amended by adding Section 3802.1575 to read as
follows:
Sec. 3802.1575. USE OF ELECTRICAL OR OPTICAL LINES.
(a) The district may impose an assessment to pay the cost of:
(1) burying or removing electrical power lines,
telephone lines, cable or fiber-optic lines, or any other type of
electrical or optical line;
(2) removing poles and any elevated lines using the
poles; and
(3) reconnecting the lines described by Subdivision
(2) to the buildings or other improvements to which the lines were
connected.
(b) The assessment under Subsection (a) shall not be imposed
on the property, including the equipment, rights-of-way,
easements, facilities, or improvements, of a telecommunications
provider as defined by Section 51.002, Utilities Code, or a cable
service provider or video service provider as defined by Section
66.002, Utilities Code, unless the property is used as office
space.
(c) The district may acquire, operate, or charge fees for
the use of the district conduits for:
(1) another person's:
(A) telecommunications network;
(B) fiber-optic cable; or
(C) electronic transmission line; or
(2) any other type of transmission line or supporting
facility.
(d) The district may not require a person to use a district
conduit.
SECTION 8. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2496 passed the Senate on
May 7, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2496 passed the House on
May 25, 2009, by the following vote: Yeas 141, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor