Texas 2009 - 81st Regular

Texas Senate Bill SB2515 Compare Versions

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1	1	S.B. No. 2515
2	2
3	3
4	4	AN ACT
5	5	relating to the administration, powers and duties, operations, and
6	6	financing of The Woodlands Township; providing authority to impose
7	7	an events admission tax.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (c), Section 1, Chapter 289, Acts of
10	10	the 73rd Legislature, Regular Session, 1993, is amended to read as
11	11	follows:
12	12	(c) The name of the district may be changed by resolution of
13	13	the board of directors of the district at any time. A reference in
14	14	this Act to the district means the name of the district as changed.
15	15	SECTION 2. Section 7, Chapter 289, Acts of the 73rd
16	16	Legislature, Regular Session, 1993, is amended by adding
17	17	Subsections (s), (t), (u), (v), (w), (x), (y), (z), (aa), (bb),
18	18	(cc), and (dd) to read as follows:
19	19	(s) The district may make, enter into, and enforce tax
20	20	abatement agreements in the same manner as other taxing units under
21	21	Chapter 312, Tax Code. Before an ad valorem tax is first imposed,
22	22	the district may enter into a tax abatement agreement with the owner
23	23	of property subject to a tax abatement agreement with a county in
24	24	which any part of the district is located. The agreement may
25	25	provide for the parties to be bound by the same terms as the county
26	26	agreement for the remaining term of the county agreement and
27	27	provide for the same share of the property exempted by the county
28	28	agreement to be exempted from taxation by the district in each
29	29	remaining year of the county agreement.
30	30	(t) In order to promote business retention, sustain
31	31	employment, and prevent substandard and blighted housing
32	32	conditions, the district may:
33	33	(1) except as otherwise provided by this subsection
34	34	and in the same manner as a qualified association, assume, accept an
35	35	assignment of, succeed to, or contract to undertake, exercise, or
36	36	perform:
37	37	(A) all or part of the rights, powers,
38	38	privileges, duties, responsibilities, assets, liabilities, and
39	39	obligations of a qualified association under community covenants;
40	40	(B) any contracts, agreements, leases,
41	41	commitments, loans, pledges, instruments of indebtedness, or other
42	42	undertakings with any person, regardless of whether the person is a
43	43	qualified association, in the exercise of the rights, powers,
44	44	privileges, duties, or responsibilities described by Paragraph
45	45	(A);
46	46	(C) the administration, enforcement, amendment,
47	47	supplementation, repeal, revocation, or rescission of a community
48	48	covenant as provided by the covenant; or
49	49	(D) the functions, duties, and responsibilities
50	50	of the board of directors of a qualified association, without the
51	51	necessity of electing or appointing members of the board of
52	52	directors of the qualified association;
53	53	(2) administer and perform procedures established in a
54	54	community covenant or a related agreement for the selection or
55	55	appointment of members or officers to committees, village
56	56	association governing bodies, or similar positions;
57	57	(3) arrange or contract with one or more
58	58	municipalities, political subdivisions, or nonprofit organizations
59	59	for the provision of services and facilities to all or part of the
60	60	territory in or adjacent to the district that are substantially
61	61	equivalent to the services or facilities provided by the district
62	62	or a qualified association in the district, provided that the
63	63	district may not transfer, assign, or abrogate responsibility for
64	64	the administration or enforcement of any land use restrictions or
65	65	negative covenants included in a community covenant that apply to
66	66	land in or adjacent to the district;
67	67	(4) own, acquire, construct, improve, repair,
68	68	rehabilitate, operate, maintain, lease, purchase, sell, dispose
69	69	of, encumber, abandon, or remove:
70	70	(A) any buildings, improvements, or facilities;
71	71	or
72	72	(B) any real, personal, or mixed property; and
73	73	(5) assess, charge, collect, pledge, encumber, and
74	74	apply any fees, rents, charges, or proceeds received for the use,
75	75	enjoyment, or disposition of a building, improvement, facility, or
76	76	property or for a service or facility.
77	77	(u) The actions and proceedings of the district and the
78	78	board of directors under Subsection (t) of this section are
79	79	governmental functions. Title 11, Property Code, does not apply to
80	80	the district. This Act may not be construed as constituting a
81	81	waiver of governmental or sovereign immunity from suit, liability,
82	82	or judgment.
83	83	(v) In this section:
84	84	(1) "Qualified association" means a nonprofit
85	85	property owners' association created and operated by a planned
86	86	community, as that term is defined by Section 43.0754, Local
87	87	Government Code.
88	88	(2) "Community covenant" means recorded land use
89	89	restrictions and covenants applicable to a planned community, as
90	90	that term is defined by Section 43.0754, Local Government Code.
91	91	(w) The district may develop and maintain and may sell,
92	92	lease, encumber, abandon, or dispose of recreational facilities,
93	93	including an open space and a related street, sidewalk, path,
94	94	building, structure, improvement, or appurtenance. Subchapter N,
95	95	Chapter 49, Water Code, does not apply to the district, except that
96	96	the terms "develop and maintain" and "recreational facilities" have
97	97	the meanings assigned by Section 49.462 of that chapter.
98	98	(x) The district is a special district but is treated as a
99	99	conservation and reclamation district that is entitled to
100	100	participate in the election of the board of directors of an
101	101	appraisal district for the purposes of Section 6.03, Tax Code.
102	102	(y) The district and a county tax assessor-collector may
103	103	contract for the collection of the delinquent assessments of a
104	104	qualified association for which the district has been assigned and
105	105	has assumed the duties, functions, and responsibilities. The
106	106	assessments may be collected through the use of the county's tax
107	107	billing and collection procedures or other mutually agreeable
108	108	means. A suit for collection of delinquent assessments under this
109	109	subsection:
110	110	(1) has the same priority and preference as a
111	111	delinquent tax collection suit; and
112	112	(2) shall be conducted in the same manner as a
113	113	delinquent tax collection suit.
114	114	(z) The district has the same rights and powers as a
115	115	municipality annexing territory in a district that provides
116	116	emergency services to cause all or part of the territory of the
117	117	district to be removed from the district providing emergency
118	118	services.
119	119	(aa) The board of directors by resolution may cause district
120	120	territory described in the resolution to be removed from the
121	121	boundaries and taxing jurisdiction of a transit authority whose
122	122	territory overlaps the district's territory if the district and a
123	123	municipality enter into a regional participation agreement under
124	124	Section 43.0754, Local Government Code, that requires the district
125	125	to deposit money into a regional participation fund for the
126	126	purpose, among others, of funding mobility projects of mutual
127	127	benefit to the district and municipality. A removal of territory
128	128	under this subsection takes effect on the date the board provides a
129	129	certified copy of the resolution to:
130	130	(1) the transit authority; and
131	131	(2) the comptroller.
132	132	(bb) Subject to approval by the county, the district by
133	133	rule, order, or resolution may, in the same manner provided for a
134	134	municipality by Chapter 393, Transportation Code, and Section
135	135	216.901, Local Government Code:
136	136	(1) prohibit, regulate, or authorize placement of
137	137	signs on the right-of-way of a road or highway maintained by the
138	138	county within the district, other than standard traffic control or
139	139	directional signs; or
140	140	(2) administer a kiosk program as provided by Section
141	141	393.0026, Transportation Code.
142	142	(cc) The district may enter into an interlocal agreement
143	143	with the county under which the county grants the district
144	144	permission to prohibit, regulate, or authorize placement of a
145	145	specific type or class of sign on the right-of-way of a highway that
146	146	is maintained by the county and located within the district.
147	147	(dd) Subsections (bb) and (cc) do not apply to a sign
148	148	regulated by another municipality, if all or part of the territory
149	149	of the district is incorporated, that is located within the
150	150	exclusive extraterritorial jurisdiction of that other
151	151	municipality.
152	152	SECTION 3. Section 7F, Chapter 289, Acts of the 73rd
153	153	Legislature, Regular Session, 1993, is amended by amending
154	154	Subsections (a) and (c) and adding Subsections (d), (e), (f), and
155	155	(g) to read as follows:
156	156	(a) In this section:
157	157	(1) "Fire-fighting services" has the meaning assigned
158	158	by Section 49.351(k), Water Code.
159	159	(2) "Fire[, "fire] protection personnel" has the
160	160	meaning assigned by Section 419.021, Government Code, except that a
161	161	reference to a fire department includes a nonprofit corporation
162	162	employing fire protection personnel and providing fire-fighting
163	163	services that is owned, operated, or controlled by the district.
164	164	(c) Before January 1, 2012 [2010], the district may not
165	165	directly employ any fire protection personnel but may own, operate,
166	166	or control a nonprofit corporation employing fire protection
167	167	personnel and providing fire-fighting services. This subsection
168	168	expires February [January] 1, 2012 [2010].
169	169	(d) Except as provided by Subsection (c) of this section, a
170	170	district may:
171	171	(1) directly, or through a nonprofit corporation
172	172	created, funded, owned, operated, or controlled by the district,
173	173	establish, acquire, operate, and maintain a fire department to
174	174	perform fire-fighting services in or adjacent to the district; and
175	175	(2) issue public securities, including public
176	176	securities approved by district voters and payable wholly or partly
177	177	from ad valorem taxes, to finance the construction, acquisition,
178	178	improvement, renovation, repair, or rehabilitation of any related
179	179	buildings, facilities, interests in land, equipment, or supplies.
180	180	(e) Subchapter L, Chapter 49, Water Code, does not apply to
181	181	the district.
182	182	(f) Unless other law requires a prior election, the district
183	183	shall hold an election to determine whether the district shall
184	184	adopt the provisions of Chapter 174, Local Government Code, if the
185	185	district receives a timely petition signed by a majority of the fire
186	186	protection personnel of the fire department of the district or of
187	187	any nonprofit corporation owned, operated, or controlled by the
188	188	district. On receipt and verification of the petition, the
189	189	district shall hold the election on a uniform election date that
190	190	occurs not later than the date of the last authorized uniform
191	191	election date in 2011 and shall conduct the election in compliance
192	192	with applicable law and Chapter 174, Local Government Code. This
193	193	subsection expires January 1, 2012.
194	194	(g) If an election is called under Subsection (f) of this
195	195	section and a majority of the voters voting in the election approve
196	196	the adoption by the district of the provisions of Chapter 174, Local
197	197	Government Code, the provisions of that chapter shall be binding on
198	198	the district when the district, or any municipality or other form of
199	199	local government succeeding to the principal assets, functions, and
200	200	liabilities of the district, directly employs fire protection
201	201	personnel. The results of the election shall continue in effect
202	202	unless the adoption of Chapter 174, Local Government Code, is
203	203	repealed in the manner provided by that chapter. A collective
204	204	bargaining agreement made and entered into by the district under
205	205	Chapter 174, Local Government Code, shall be binding on a successor
206	206	municipality or local government.
207	207	SECTION 4. Chapter 289, Acts of the 73rd Legislature,
208	208	Regular Session, 1993, is amended by adding Section 7H to read as
209	209	follows:
210	210	Sec. 7H. EVENT ADMISSIONS TAX. (a) In this section:
211	211	(1) "Cultural education" means the exhibition or
212	212	promotion of or education about the performing, dramatic, visual,
213	213	literary, or fine arts, including historical, geological,
214	214	archeological, or paleontological sciences, and history, natural
215	215	history, scientific, cultural, ethnic, or heritage education
216	216	meeting local community standards in the district.
217	217	(2) "Event" means any performance, exhibition,
218	218	showing, or similar presentation at a venue for which an admission
219	219	fee or charge is imposed by the venue user, including a cultural
220	220	education event.
221	221	(3) "Venue" means an indoor or outdoor theater, music,
222	222	exhibition, rehearsal, or concert hall, opera house, auditorium,
223	223	park, zoo, museum, aquarium, plaza, civic center, or similar
224	224	building or forum in the district, other than a motion picture
225	225	theater, regardless of whether the district owns, operates, leases,
226	226	finances, or uses the venue.
227	227	(4) "Venue user" means an owner, lessee, operator, or
228	228	other user of a venue that:
229	229	(A) is not a governmental entity; and
230	230	(B) presents more than four events in a calendar
231	231	year.
232	232	(b) The district by order may impose a tax on each ticket
233	233	sold as admission to an event held at a venue.
234	234	(c) The amount of the tax may be imposed at any uniform
235	235	percentage not to exceed five percent of the price of the ticket
236	236	sold as admission to an event held at a venue.
237	237	(d) The district by order may increase, repeal, or decrease
238	238	the rate of the tax imposed under this section.
239	239	(e) The district by order may require the venue user to
240	240	collect the tax for the benefit of the district.
241	241	(f) A venue user required to collect the tax under this
242	242	section shall add the tax to the admissions price, and the tax is a
243	243	part of the admissions price, is a debt owed to the venue user by the
244	244	person admitted, and is recoverable at law in the same manner as the
245	245	admissions price.
246	246	(g) The tax imposed by this section is not an occupation tax
247	247	imposed on the venue user.
248	248	(h) A tax imposed under this section or a change in a tax
249	249	rate takes effect on the date prescribed by the order imposing the
250	250	tax or changing the rate.
251	251	(i) A person required to collect a tax imposed under this
252	252	section shall report and remit the taxes to the district as provided
253	253	by order of the district.
254	254	(j) The district by order may prescribe penalties and
255	255	interest charges for failure to keep records required by the
256	256	district, to report when required, or to fully and timely collect or
257	257	remit the tax. The district may bring suit against a person who
258	258	fails to collect a tax under this section or to fully and timely
259	259	remit the tax to the district.
260	260	(k) The district by order may permit a person who is
261	261	required to collect a tax under this section to retain a percentage
262	262	of the amount collected and required to be reported as
263	263	reimbursement to the person for the costs of collecting the tax.
264	264	The district may provide that the person may retain the amount only
265	265	if the person pays the tax and files reports as required by the
266	266	district.
267	267	(l) The district and any venue user may enter into an
268	268	agreement for a term of not more than 20 years:
269	269	(1) providing for the payment or reimbursement, or the
270	270	reservation of tax proceeds for the payment or reimbursement, to
271	271	the venue user of all or any agreed portion of the venue user's
272	272	actual costs of operations, maintenance, management, financing,
273	273	funding development, capital costs, debt service, or other actual
274	274	costs of the production, promotion, or presentation of a cultural
275	275	education event at the venue; and
276	276	(2) containing any other terms, conditions, and
277	277	provisions as may be considered necessary and appropriate to
278	278	support cultural education in the district.
279	279	(m) The proceeds received by the district from the tax
280	280	authorized by this section may be used only to support cultural
281	281	education in the district.
282	282	(n) The district may continue to impose the tax authorized
283	283	by this section after any contractual obligations have been
284	284	fulfilled if the tax revenue is used to support cultural education.
285	285	(o) An agreement entered into in anticipation of this
286	286	section taking effect that otherwise meets the requirements of this
287	287	section is not invalid because it was authorized, executed, or
288	288	entered into before the effective date of this section.
289	289	SECTION 5. Subsection (j), Section 8, Chapter 289, Acts of
290	290	the 73rd Legislature, Regular Session, 1993, is amended to read as
291	291	follows:
292	292	(j) Except as provided by Subsection (e) of this section, a
293	293	majority of the total authorized number of [four] directors
294	294	constitutes [constitute] a quorum for the consideration of all
295	295	matters pertaining to the business of the district, and a
296	296	concurrence of a majority of a quorum of directors shall be required
297	297	for any official action of the district.
298	298	SECTION 6. Section 9, Chapter 289, Acts of the 73rd
299	299	Legislature, Regular Session, 1993, is amended by amending
300	300	Subsection (g) and adding Subsection (l) to read as follows:
301	301	(g) After passage of the propositions in the confirmation
302	302	election, as required by Subsection (e) of this section and Section
303	303	7-a of this Act:
304	304	(1) an election shall be called for the uniform
305	305	election date in May of the next even-numbered year for the election
306	306	of five directors at large. The three candidates receiving the
307	307	highest number of votes shall be elected for a term of three years,
308	308	and the two candidates receiving the next highest number of votes
309	309	shall be elected for a term of two years;
310	310	(2) an election shall be called for the uniform
311	311	election date in May of the next succeeding even-numbered year
312	312	after the election held under Subdivision (1) of this subsection,
313	313	for the election of four directors by position [at large]. Each of
314	314	the [The] four candidates [receiving the highest number of votes
315	315	shall be] elected shall serve for a term of two years; and
316	316	(3) an election shall be called annually thereafter
317	317	for the uniform election date in May of each year for the election
318	318	by position of either three or four directors, as appropriate, to
319	319	serve two-year terms.
320	320	(l) An election held on the proposition of incorporating all
321	321	or part of the territory of the district under Subsection (h)(2) of
322	322	this section may be held regardless of population or area limits
323	323	described by Section 5.901, Local Government Code, or other law, if
324	324	the area to be incorporated has a population of 5,000 or more
325	325	inhabitants according to the most recent federal decennial census
326	326	or other credible population records.
327	327	SECTION 7. Chapter 289, Acts of the 73rd Legislature,
328	328	Regular Session, 1993, is amended by adding Section 11B-1 to read as
329	329	follows:
330	330	Sec. 11B-1. SUPPLEMENTAL HOTEL OCCUPANCY TAX. (a) In
331	331	addition to the tax authorized by Section 11A of this Act, but
332	332	subject to Subsection (c) of this section, the board by order may
333	333	impose, repeal, increase, or decrease a supplemental hotel
334	334	occupancy tax in the same manner as the tax authorized by Section
335	335	11A of this Act. The rate of the supplemental tax may not exceed two
336	336	percent of the price paid for a room in a hotel.
337	337	(b) The district shall apply the proceeds from the
338	338	supplemental tax imposed under Subsection (a) of this section
339	339	solely for the purposes described by Sections 352.101(a) and
340	340	352.1015, Tax Code, provided that at least 75 percent of the
341	341	proceeds from the supplemental tax, as determined on an annual
342	342	average basis, must be used for the purpose of establishing,
343	343	operating, and maintaining a convention and visitors bureau within
344	344	or adjacent to the district. For purposes of this subsection, a
345	345	reference in Section 352.101(a) or 352.1015, Tax Code, to a county,
346	346	county officer, or commissioners court means the district, a
347	347	district officer, or the board, as appropriate.
348	348	(c) The board may not impose the supplemental tax authorized
349	349	by Subsection (a) of this section before January 1, 2011. The board
350	350	may impose the tax at a rate not to exceed one percent until
351	351	December 31, 2011. On or after January 1, 2012, the board may
352	352	impose the tax at a rate not to exceed two percent.
353	353	SECTION 8. Section 11C, Chapter 289, Acts of the 73rd
354	354	Legislature, Regular Session, 1993, is amended by amending
355	355	Subsections (g), (k), and (p) and adding Subsections (g-1) and (s)
356	356	to read as follows:
357	357	(g) Members of the governing body shall be appointed for a
358	358	term of two years, except that:
359	359	(1) the appointment of the initial members of the
360	360	governing body may provide for some terms to be limited to one year
361	361	in order to achieve staggered terms of office; and
362	362	(2) the board by resolution may:
363	363	(A) extend the terms of office of members of the
364	364	governing body beyond two years to the extent necessary to
365	365	coordinate those terms with the next election of members of the
366	366	board of directors; or
367	367	(B) provide for one-year terms of office for
368	368	members of a subsequent governing body.
369	369	(g-1) The district by appointment shall fill a vacancy on
370	370	the governing body of the zone for the unexpired portion of the
371	371	term.
372	372	(k) A development zone created by the district under this
373	373	section is a body politic and corporate and a political subdivision
374	374	of the state, separate from the district. The district and the
375	375	development zone have the same power and authority to carry out this
376	376	section as Section 311.008, Tax Code, provides a municipality to
377	377	carry out Chapter 311, Tax Code. In addition to the powers granted
378	378	to the governing body by this section, the board by order may
379	379	delegate, subject in whole or in part to final approval by the
380	380	board, any powers and duties relating to the financing and
381	381	implementation of the project plan for the zone, including the
382	382	power and authority to:
383	383	(1) issue tax increment bonds or notes for and in the
384	384	name of the zone in the same manner as Section 311.015 [311.010],
385	385	Tax Code, provides for a municipality, except that tax increment
386	386	bonds or notes of the zone must mature in not more than 30 years, to
387	387	fund any project of the zone and pay any related bond issuance and
388	388	bond reserve costs or to refund any bonds, notes, contractual
389	389	obligations, commitments, or undertakings of the zone, including
390	390	the reimbursement to any person for project costs and related
391	391	interest for which the zone would have been authorized to issue its
392	392	bonds or notes;
393	393	(2) pledge irrevocably all or part of the tax
394	394	increment fund for the zone, as Section 311.015, Tax Code, provides
395	395	for a municipality; and
396	396	(3) impose, assess, and collect ad valorem taxes,
397	397	assessments, and other charges in the zone, as Chapter 375, Local
398	398	Government Code, provides for municipal management districts, as
399	399	well as the incremental sales and use tax authorized by this
400	400	section, if the ad valorem tax or incremental sales and use tax has
401	401	been approved by the qualified voters of the district at an election
402	402	called and held for that purpose.
403	403	(p) Sections 311.002 and 311.014 through 311.017, Tax Code,
404	404	apply to the district, except that for purposes of this subsection:
405	405	(1) a reference in those sections to a municipality
406	406	means the district and the development zone;
407	407	(2) a reference in those sections to an ordinance
408	408	means an order;
409	409	(3) a reference in those sections to a reinvestment
410	410	zone means a development zone;
411	411	(4) a reference in those sections to an agreement made
412	412	under Subsection (b), Section 311.010, Tax Code, means an agreement
413	413	made under Subsection (l) of this section;
414	414	(5) "development" means initial development;
415	415	(6) "redevelopment" means substantial redevelopment;
416	416	[and]
417	417	(7) Section 311.016, Tax Code, applies only if ad
418	418	valorem taxes are used, in whole or in part, in payment of project
419	419	costs of a development zone; and
420	420	(8) a development zone created without a duration or
421	421	date of termination may be dissolved by a two-thirds vote of the
422	422	board of directors of the district or of the governing body of a
423	423	municipality or other form of local government succeeding to the
424	424	principal assets, powers, functions, and liabilities of the
425	425	district, but only if:
426	426	(A) the development zone has no outstanding
427	427	indebtedness or other obligations; or
428	428	(B) the assets, powers, functions, and
429	429	liabilities, and any outstanding indebtedness or obligations, of
430	430	the development zone are expressly assumed by the district or the
431	431	succeeding municipality or local government.
432	432	(s) The district or a municipality or other local government
433	433	succeeding to the principal assets, powers, functions, and
434	434	liabilities of the district may assume, exercise, perform, and
435	435	discharge the assets, powers, functions, and liabilities of a
436	436	development zone in the same manner, to the same extent, and for the
437	437	same purposes as a development zone created under this section.
438	438	SECTION 9. The heading to Section 12A, Chapter 289, Acts of
439	439	the 73rd Legislature, Regular Session, 1993, is amended to read as
440	440	follows:
441	441	Sec. 12A. PUBLIC SECURITIES [BONDS].
442	442	SECTION 10. Section 12A, Chapter 289, Acts of the 73rd
443	443	Legislature, Regular Session, 1993, is amended by amending
444	444	Subsections (a) and (c) and adding Subsections (d), (e), and (f) to
445	445	read as follows:
446	446	(a) The board may issue, sell, and deliver the public
447	447	securities [bonds] of the district in the manner provided by this
448	448	section or other applicable law, including Chapter 1371, Government
449	449	Code, and Subchapter J, Chapter 375, Local Government Code, for any
450	450	district purpose or to finance or pay for any district facilities,
451	451	programs, or improvement projects [project], including for the
452	452	purpose of making or providing for payment of any amounts due or to
453	453	become due from the district under a regional participation
454	454	agreement authorized by this Act or other law, to refund or
455	455	refinance any public security or other contract, agreement,
456	456	commitment, or undertaking of the district in payment of which the
457	457	district could have issued its public securities, or to fund or pay
458	458	for any reserve fund or issuance expenses related to the public
459	459	securities. The public securities [which] shall be deemed to be in
460	460	furtherance of a program authorized pursuant to Section 52-a,
461	461	Article III, Texas Constitution[, in the manner provided by
462	462	Subchapter J, Chapter 375, Local Government Code]. Sections
463	463	375.207 and 375.208, Local Government Code, do not apply to public
464	464	securities [bonds] issued by the district under this Act.
465	465	(c) In addition to the sources of money described by
466	466	Subchapter J, Chapter 375, Local Government Code, the public
467	467	securities [bonds] of the district may be secured and made payable,
468	468	wholly or partly, by a pledge of any part of the net proceeds the
469	469	district receives from:
470	470	(1) a specified portion, but not more than one-half of
471	471	one percent, of the sales and use tax authorized by Section 11 of
472	472	this Act;
473	473	(2) the hotel occupancy tax authorized by Section 11A
474	474	of this Act;
475	475	(3) an ad valorem tax approved by the voters of the
476	476	district at an election called for that purpose;
477	477	(4) any revenues, receipts, fees, charges, income,
478	478	funds, or proceeds received or to be received by the district from
479	479	refunding public securities, contracts, agreements, or other
480	480	[lawful] sources, including a contract with a development zone to
481	481	facilitate an improvement project or project plan of the district
482	482	or the development zone; or
483	483	(5) [any other revenues, income, or proceeds that in
484	484	accordance with this Act or other law may be pledged or used for
485	485	purposes described by Subdivision (4) of this subsection; or
486	486	[(6)] any combination of revenues, taxes, or proceeds
487	487	from one or more of the sources described by Subdivisions (1)-(4)
488	488	[(1)-(5)] of this subsection.
489	489	(d) The board of directors or an officer or employee of the
490	490	district to whom the board delegates authority may sell a district
491	491	public security at a public or private sale in the form, at the
492	492	price, on the terms and conditions, at the interest rate or rates,
493	493	whether fixed, variable, floating, adjustable, or otherwise, as the
494	494	board determines appropriate. The net effective interest rate of
495	495	the public securities under this section may not exceed the maximum
496	496	rate allowed by law.
497	497	(e) The board may secure a district public security with a
498	498	security agreement, credit agreement, or both, with the security
499	499	interest or interests, other than a mortgage interest in real
500	500	property, and with the parity or priority of pledge and lien as the
501	501	board determines appropriate.
502	502	(f) In this section:
503	503	(1) "Public security" has the meaning assigned by
504	504	Section 1201.002, Government Code.
505	505	(2) "Credit agreement," "security agreement," and
506	506	"security interest" have the meanings assigned by Section 1208.001,
507	507	Government Code.
508	508	SECTION 11. (a) The legislature ratifies and confirms all
509	509	governmental acts and proceedings of The Woodlands Township and its
510	510	board and of The Woodlands Township Economic Development Zone and
511	511	its governing body before the effective date of this Act, in:
512	512	(1) calling, holding, conducting, and declaring the
513	513	results of the confirmation and tax election held in the district on
514	514	November 6, 2007;
515	515	(2) conditionally enlarging the boundaries and
516	516	increasing the number of eligible voters of the district for
517	517	conducting the election described by Subdivision (1) of this
518	518	subsection;
519	519	(3) changing the name of the district to The Woodlands
520	520	Township;
521	521	(4) describing the boundaries of the district for any
522	522	purpose, including the election described by Subdivision (1) of
523	523	this subsection;
524	524	(5) creating, establishing, organizing, and
525	525	describing the boundaries of The Woodlands Township Economic
526	526	Development Zone;
527	527	(6) dissolving, abolishing, and transferring the
528	528	funds, assets, liabilities, and obligations of all existing
529	529	economic development zones overlapped by The Woodlands Township
530	530	Economic Development Zone;
531	531	(7) imposing and collecting an incremental sales and
532	532	use tax by The Woodlands Township Economic Development Zone; and
533	533	(8) conditionally excluding territory from the
534	534	boundaries of The Woodlands Township Economic Development Zone and
535	535	reserving the right to repeal or rescind the exclusion.
536	536	(b) Subsection (a) of this section does not apply to a
537	537	matter that on the effective date of this Act:
538	538	(1) is involved in litigation, if the litigation
539	539	ultimately results in the matter being held invalid by a final court
540	540	judgment; or
541	541	(2) has been held invalid by a final court judgment.
542	542	SECTION 12. The provisions of this Act are severable. If
543	543	any word, phrase, clause, sentence, section, provision, or part of
544	544	this Act is held invalid or unconstitutional, it shall not affect
545	545	the validity of the remaining portions, and it is declared to be the
546	546	legislative intent that this Act would have been passed as to the
547	547	remaining portions regardless of the invalidity of any part.
548	548	SECTION 13. (a) The legislature finds that the powers,
549	549	authority, and functions of the district authorized by this Act are
550	550	essential and beneficial to the district and to the state as a whole
551	551	as a program for promoting, facilitating, and accomplishing the
552	552	public purposes of Section 52-a, Article III, Texas Constitution,
553	553	by:
554	554	(1) promoting, sustaining, and advancing employment
555	555	and economic diversification and development in the state;
556	556	(2) sustaining and stimulating business in the state;
557	557	(3) conserving and sustaining property values and
558	558	living conditions in the state;
559	559	(4) promoting traffic circulation and public safety in
560	560	the state;
561	561	(5) promoting the development of parks, recreational
562	562	facilities, and cultural education in the state; and
563	563	(6) serving other purposes beneficial to the state.
564	564	(b) The legal notice of the intention to introduce this Act,
565	565	setting forth the general substance of this Act, has been published
566	566	as provided by law, and the notice and a copy of this Act have been
567	567	furnished to all persons, agencies, officials, or entities to which
568	568	they are required to be furnished under Section 59, Article XVI,
569	569	Texas Constitution, and Chapter 313, Government Code.
570	570	(c) The governor, one of the required recipients, has
571	571	submitted the notice and Act to the Texas Commission on
572	572	Environmental Quality.
573	573	(d) The Texas Commission on Environmental Quality has filed
574	574	its recommendations relating to this Act with the governor,
575	575	lieutenant governor, and speaker of the house of representatives
576	576	within the required time.
577	577	(e) All requirements of the constitution and laws of this
578	578	state and the rules and procedures of the legislature with respect
579	579	to the notice, introduction, and passage of this Act have been
580	580	fulfilled and accomplished.
581	581	SECTION 14. This Act takes effect immediately if it
582	582	receives a vote of two-thirds of all the members elected to each
583	583	house, as provided by Section 39, Article III, Texas Constitution.
584	584	If this Act does not receive the vote necessary for immediate
585	585	effect, this Act takes effect September 1, 2009.
586	586	______________________________ ______________________________
587	587	President of the Senate Speaker of the House
588	588	I hereby certify that S.B. No. 2515 passed the Senate on
589	589	May 7, 2009, by the following vote: Yeas 31, Nays 0.
590	590	______________________________
591	591	Secretary of the Senate
592	592	I hereby certify that S.B. No. 2515 passed the House on
593	593	May 25, 2009, by the following vote: Yeas 143, Nays 0, one present
594	594	not voting.
595	595	______________________________
596	596	Chief Clerk of the House
597	597	Approved:
598	598	______________________________
599	599	Date
600	600	______________________________
601	601	Governor