Texas 2009 - 81st Regular

Texas Senate Bill SB2549 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R16271 GCB-F
2	2	By: Wentworth S.B. No. 2549
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Austin Desired Development Zone
8	8	District No. 5; providing authority to levy an assessment, impose
9	9	taxes, and issue bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3903 to read as follows:
13	13	CHAPTER 3903. AUSTIN DESIRED DEVELOPMENT ZONE DISTRICT NO. 5
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3903.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Austin.
18	18	(3) "County" means Travis County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Austin Desired Development
21	21	Zone District No. 5.
22	22	Sec. 3903.002. NATURE OF DISTRICT. The district is a
23	23	special district created under Section 59, Article XVI, Texas
24	24	Constitution.
25	25	Sec. 3903.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing the city, the
30	30	county, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	Sec. 3903.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
40	40	The district is created to serve a public use and benefit.
41	41	(b) All land and other property included in the district
42	42	will benefit from the improvements and services to be provided by
43	43	the district under powers conferred by Sections 52 and 52-a,
44	44	Article III, and Section 59, Article XVI, Texas Constitution, and
45	45	other powers granted under this chapter.
46	46	(c) The creation of the district is in the public interest
47	47	and is essential to:
48	48	(1) further the public purposes of developing and
49	49	diversifying the economy of the state;
50	50	(2) eliminate unemployment and underemployment; and
51	51	(3) develop or expand transportation and commerce.
52	52	(d) The district will:
53	53	(1) promote the health, safety, and general welfare of
54	54	residents, employers, employees, potential employees, visitors,
55	55	and consumers in the district, and of the public;
56	56	(2) provide needed funding for the district to
57	57	preserve, maintain, and enhance the economic health and vitality of
58	58	the district territory as a community and business center;
59	59	(3) promote the health, safety, welfare, and enjoyment
60	60	of the public by providing pedestrian ways and landscaping and
61	61	developing certain areas in the district, which are necessary for
62	62	the restoration, preservation, and enhancement of scenic beauty;
63	63	and
64	64	(4) provide for water, wastewater, drainage, road, and
65	65	recreational facilities for the district.
66	66	(e) Pedestrian ways along or across a street, whether at
67	67	grade or above or below the surface, and street lighting, street
68	68	landscaping, parking, and street art objects are parts of and
69	69	necessary components of a street and are considered to be a street
70	70	or road improvement.
71	71	(f) The district will not act as the agent or
72	72	instrumentality of any private interest even though the district
73	73	will benefit many private interests as well as the public.
74	74	Sec. 3903.005. INITIAL DISTRICT TERRITORY. (a) The
75	75	district is initially composed of the territory described by
76	76	Section 2 of the Act creating this chapter.
77	77	(b) The boundaries and field notes contained in Section 2 of
78	78	the Act creating this chapter form a closure. A mistake in the
79	79	field notes or in copying the field notes in the legislative process
80	80	does not affect the district's:
81	81	(1) organization, existence, or validity;
82	82	(2) right to issue any type of bond for the purposes
83	83	for which the district is created or to pay the principal of and
84	84	interest on the bond;
85	85	(3) right to impose or collect an assessment or tax; or
86	86	(4) legality or operation.
87	87	Sec. 3903.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
88	88	All or any part of the area of the district is eligible to be
89	89	included in:
90	90	(1) a tax increment reinvestment zone created under
91	91	Chapter 311, Tax Code;
92	92	(2) a tax abatement reinvestment zone created under
93	93	Chapter 312, Tax Code; or
94	94	(3) an enterprise zone created under Chapter 2303,
95	95	Government Code.
96	96	Sec. 3903.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
97	97	DISTRICTS LAW. Except as otherwise provided by this chapter,
98	98	Chapter 375, Local Government Code, applies to the district.
99	99	Sec. 3903.008. LIBERAL CONSTRUCTION OF CHAPTER. This
100	100	chapter shall be liberally construed in conformity with the
101	101	findings and purposes stated in this chapter.
102	102	Sec. 3903.009. CONFIRMATION AND DIRECTORS' ELECTION
103	103	REQUIRED. The temporary directors shall hold an election to
104	104	confirm the creation of the district and to elect four permanent
105	105	directors as provided by Section 49.102, Water Code.
106	106	Sec. 3903.010. CONSENT OF MUNICIPALITY REQUIRED. (a) The
107	107	temporary directors may not hold an election under Section 3903.009
108	108	until the city and each other municipality in whose corporate
109	109	limits or extraterritorial jurisdiction the district is located has
110	110	consented by ordinance or resolution to the creation of the
111	111	district and to the inclusion of land in the district.
112	112	(b) The city and each other municipality may condition its
113	113	consent to the creation of the district, the inclusion of land in
114	114	the district, and the exercise or limitation of powers granted to
115	115	the district under this chapter on a requirement that the
116	116	municipality and the owner of land included in the district
117	117	negotiate and enter into a written agreement under this chapter and
118	118	Sections 43.0563 and 212.172, Local Government Code.
119	119	(c) An agreement described by Subsection (b) between a
120	120	municipality and a landowner entered into before the effective date
121	121	of the Act creating this chapter and that complies with this section
122	122	is validated on the effective date of the Act creating this chapter.
123	123	(d) Section 54.016, Water Code, does not apply to the
124	124	district or to an agreement under this section. An agreement under
125	125	this section constitutes a municipality's consent to the creation
126	126	of the district under Section 42.042, Local Government Code.
127	127	[Sections 3903.011-3903.050 reserved for expansion]
128	128	SUBCHAPTER B. BOARD OF DIRECTORS
129	129	Sec. 3903.051. GOVERNING BODY; TERMS. (a) The district is
130	130	governed by a board of seven directors. Four of the directors are
131	131	elected. Three of the directors are appointed under Section
132	132	3903.053.
133	133	(b) Except as provided by Section 3903.052, directors serve
134	134	staggered four-year terms, with two elected directors' terms and
135	135	one or two appointed directors' terms expiring on June 1 of each
136	136	even-numbered year. The term of office for each director first
137	137	appointed under Section 3903.053 shall begin on the date the four
138	138	permanent directors are elected under Section 3903.009. The
139	139	initial directors shall determine their terms as provided by
140	140	Section 49.102(h), Water Code.
141	141	Sec. 3903.052. TEMPORARY DIRECTORS. (a) On or after the
142	142	effective date of the Act creating this chapter, the owner or owners
143	143	of a majority of the assessed value of the real property in the
144	144	district, as determined by the most recent certified tax appraisal
145	145	roll for the county, may submit a petition to the Texas Commission
146	146	on Environmental Quality requesting that the commission appoint as
147	147	temporary directors the four persons named in the petition. The
148	148	commission shall appoint as temporary directors the four persons
149	149	named in the petition.
150	150	(b) Temporary directors serve until the earlier of:
151	151	(1) the date four permanent directors are elected
152	152	under Section 3903.009; or
153	153	(2) the fourth anniversary of the effective date of
154	154	the Act creating this chapter.
155	155	(c) If permanent directors have not been elected under
156	156	Section 3903.009 and the terms of the temporary directors have
157	157	expired, successor temporary directors shall be appointed or
158	158	reappointed as provided by Subsection (d) to serve terms that
159	159	expire on the earlier of:
160	160	(1) the date permanent directors are elected under
161	161	Section 3903.009; or
162	162	(2) the fourth anniversary of the date of the
163	163	appointment or reappointment.
164	164	(d) If Subsection (c) applies, the owner or owners of a
165	165	majority of the assessed value of the real property in the district,
166	166	according to the most recent certified tax appraisal roll for the
167	167	county, may submit a petition to the Texas Commission on
168	168	Environmental Quality requesting that the commission appoint as
169	169	successor temporary directors the four persons named in the
170	170	petition. The commission shall appoint as successor temporary
171	171	directors the four persons named in the petition.
172	172	Sec. 3903.053. APPOINTMENT OF DIRECTORS. (a) The city
173	173	council of the city shall appoint one person as a director. A
174	174	person is appointed if a majority of the members of the city council
175	175	vote to appoint that person. If a person is not appointed to the
176	176	board under Subsection (c), the members of the city council may vote
177	177	to appoint a second person as a director.
178	178	(b) The county commissioners court shall appoint one person
179	179	as a director. A person is appointed if a majority of the members of
180	180	the commissioners court vote to appoint that person.
181	181	(c) The Texas Commission on Environmental Quality shall
182	182	appoint as director one person nominated by the board. The board
183	183	shall request a name of a nominee for the director position from
184	184	each person who owns at least 25 percent of the surface area of land
185	185	in the district, based on the most recent certified tax appraisal
186	186	roll for the county. The board shall submit to the Texas Commission
187	187	on Environmental Quality the nominee whose name was submitted by
188	188	the person who owns the largest total surface area of land in the
189	189	district. If the board has not received any names of potential
190	190	nominees before the 31st day after the date the board requests that
191	191	names be submitted, or if no person owns at least 25 percent of the
192	192	surface area of land in the district, the board shall notify the
193	193	city that it may appoint a second director under Subsection (a), and
194	194	no appointment shall be made under this subsection.
195	195	Sec. 3903.054. QUALIFICATIONS OF DIRECTOR. (a) To be
196	196	qualified to be elected and to serve as an elected director, or to
197	197	be qualified to be appointed and to serve as a director appointed
198	198	under Section 3903.053(c), a person must be at least 18 years old
199	199	and:
200	200	(1) a resident of the district; or
201	201	(2) an owner of property in the district.
202	202	(b) To be qualified to be appointed and to serve as a
203	203	director appointed under Section 3903.052 or 3903.053(a) or (b), a
204	204	person must be at least 18 years old.
205	205	(c) A person who qualifies to serve as a director under this
206	206	section is subject to Section 375.072, Local Government Code.
207	207	Sec. 3903.055. DIRECTOR VACANCY. A vacancy in the office of
208	208	an elected director shall be filled for the unexpired term by the
209	209	majority vote of the remaining members of the board. A vacancy in
210	210	the office of a director appointed under Section 3903.053 shall be
211	211	filled for the unexpired term in the same manner as the original
212	212	appointment under that section.
213	213	Sec. 3903.056. QUORUM; VOTING REQUIREMENT. (a) A
214	214	concurrence of a majority of the directors is required for any
215	215	official action of the district unless a lesser or greater number of
216	216	votes is provided by other law. The written consent of at least
217	217	two-thirds of the directors is required to authorize the imposition
218	218	of assessments, the imposition of taxes, the imposition of impact
219	219	fees, or the issuance of bonds.
220	220	(b) For purposes of determining the requirements for a
221	221	quorum of the board, the following are not counted:
222	222	(1) a board position vacant for any reason, including
223	223	death, resignation, or disqualification; or
224	224	(2) a director who is abstaining from participation in
225	225	a vote because of a conflict of interest.
226	226	Sec. 3903.057. COMPENSATION. A director is entitled to
227	227	receive fees of office and reimbursement for actual expenses as
228	228	provided by Section 49.060, Water Code.
229	229	[Sections 3903.058-3903.100 reserved for expansion]
230	230	SUBCHAPTER C. POWERS AND DUTIES
231	231	Sec. 3903.101. GENERAL POWERS AND DUTIES. The district has
232	232	the powers and duties:
233	233	(1) provided by the general laws relating to
234	234	conservation and reclamation districts created under Section 59,
235	235	Article XVI, Texas Constitution, including Chapters 49 and 54,
236	236	Water Code;
237	237	(2) provided by Section 52, Article III, Texas
238	238	Constitution, including the power to design, acquire, construct,
239	239	finance, issue bonds for, improve, operate, maintain, and convey to
240	240	this state, a county, or a municipality for operation and
241	241	maintenance:
242	242	(A) macadamized, graveled, or paved roads; or
243	243	(B) improvements, including storm drainage, in
244	244	aid of those roads;
245	245	(3) that Subchapter A, Chapter 372, Local Government
246	246	Code, provides to a municipality or a county;
247	247	(4) that Chapter 375, Local Government Code, provides
248	248	to a municipality;
249	249	(5) that Chapter 380, Local Government Code, provides
250	250	to a municipality;
251	251	(6) that Chapter 394, Local Government Code, provides
252	252	to a housing finance corporation created and operating under that
253	253	chapter;
254	254	(7) that Subchapter C, Chapter 552, Local Government
255	255	Code, provides to a municipality; and
256	256	(8) that Chapters 501, 502, and 505, Local Government
257	257	Code, provide to a municipality or to a Type A or B corporation
258	258	created by a municipality.
259	259	Sec. 3903.102. AGREEMENTS; GRANTS. (a) The district may
260	260	make an agreement with or accept a gift, grant, or loan from any
261	261	person.
262	262	(b) A service agreement made by the district shall be
263	263	terminable at will and without penalty on 30 days' notice of
264	264	termination, unless the district secures the written consent of the
265	265	city to modify or exclude those termination provisions, except for
266	266	service agreements with the following persons or entities:
267	267	(1) a developer of property in the district, as
268	268	defined by Section 49.052(d), Water Code;
269	269	(2) a government agency, entity, or political
270	270	subdivision;
271	271	(3) a retail public utility or electric cooperative,
272	272	concerning water, wastewater, gas, electricity, telecommunication,
273	273	drainage, or other utility services and facilities; or
274	274	(4) a provider of services relating to solid waste
275	275	collection, transfer, processing, reuse, resale, disposal, and
276	276	management.
277	277	(c) The implementation of a project is a governmental
278	278	function or service for the purposes of Chapter 791, Government
279	279	Code.
280	280	(d) The board may enter into a contract with the board of
281	281	directors of a tax increment reinvestment zone created under
282	282	Chapter 311, Tax Code, and the governing body of the municipality or
283	283	county that created the zone to manage the zone or implement the
284	284	project plan and reinvestment zone financing plan.
285	285	Sec. 3903.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
286	286	AND FIREFIGHTING SERVICES. (a) To protect the public interest, the
287	287	district may contract with a qualified party, including the county
288	288	or the city, for the provision of law enforcement services in the
289	289	district for a fee.
290	290	(b) The district may provide firefighting services under
291	291	Section 49.351, Water Code, and has the powers and duties of a
292	292	municipality under Section 775.022, Health and Safety Code.
293	293	Sec. 3903.104. ECONOMIC DEVELOPMENT PROGRAMS. The district
294	294	may establish and provide for the administration of one or more
295	295	programs to promote state or local economic development and to
296	296	stimulate business and commercial activity in the district,
297	297	including programs to:
298	298	(1) make loans and grants of public money; and
299	299	(2) provide district personnel and services.
300	300	Sec. 3903.105. STRATEGIC PARTNERSHIP AGREEMENT. The
301	301	district may negotiate and enter into a written strategic
302	302	partnership with the city under Section 43.0751, Local Government
303	303	Code. A power granted to the district under this chapter may be
304	304	restricted or prohibited by the terms and conditions of an
305	305	agreement between the city and the district under this section.
306	306	Sec. 3903.106. LIMITED EMINENT DOMAIN. (a) The district
307	307	may exercise the power of eminent domain under Section 49.222,
308	308	Water Code.
309	309	(b) The district may not exercise the power of eminent
310	310	domain outside the district boundaries to acquire:
311	311	(1) a site for a water treatment plant, water storage
312	312	facility, wastewater treatment plant, or wastewater disposal
313	313	plant; or
314	314	(2) a recreational facility as defined by Section
315	315	49.462, Water Code.
316	316	Sec. 3903.107. ANNEXATION OR EXCLUSION OF LAND BY DISTRICT.
317	317	(a) The district may annex land as provided by Subchapter J,
318	318	Chapter 49, Water Code.
319	319	(b) The district may exclude land as provided by Subchapter
320	320	J, Chapter 49, Water Code. Section 375.044(b), Local Government
321	321	Code, does not apply to the district.
322	322	Sec. 3903.108. SUITS. The district may not be a voluntary
323	323	party to any suit against the city by a district resident or a
324	324	person who owns property in the district unless the district has
325	325	standing to bring the suit.
326	326	[Sections 3903.109-3903.150 reserved for expansion]
327	327	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
328	328	Sec. 3903.151. PUBLIC TRANSIT SYSTEM. (a) The district may
329	329	acquire, lease as lessor or lessee, construct, develop, own,
330	330	operate, and maintain a public transit system to serve the area
331	331	within the boundaries of the district.
332	332	(b) The district may contract with a regional transit
333	333	authority for the provision of a public transit system and public
334	334	transit services.
335	335	Sec. 3903.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
336	336	PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
337	337	as lessor or lessee, construct, develop, own, operate, and maintain
338	338	parking facilities or a system of parking facilities, including:
339	339	(1) lots, garages, parking terminals, or other
340	340	structures or accommodations for parking motor vehicles off the
341	341	streets; and
342	342	(2) equipment, entrances, exits, fencing, and other
343	343	accessories necessary for safety and convenience in parking
344	344	vehicles.
345	345	(b) A parking facility of the district may be leased to or
346	346	operated for the district by an entity other than the district.
347	347	(c) The district's parking facilities are a program
348	348	authorized by the legislature under Section 52-a, Article III,
349	349	Texas Constitution.
350	350	(d) The district's parking facilities serve the public
351	351	purposes of the district and are owned, used, and held for a public
352	352	purpose even if leased or operated by a private entity for a term of
353	353	years.
354	354	(e) The district's parking facilities and any lease to a
355	355	private entity are exempt from the payment of ad valorem taxes and
356	356	state and local sales and use taxes.
357	357	Sec. 3903.153. RULES. The district may adopt rules
358	358	covering its public transit system or its parking facilities.
359	359	Sec. 3903.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR
360	360	PARKING FACILITIES. (a) The district may use any of its resources,
361	361	including revenue, assessments, taxes, or grant or contract
362	362	proceeds, to pay the cost of acquiring or operating a public transit
363	363	system or parking facilities.
364	364	(b) The district may:
365	365	(1) set, charge, impose, and collect fees, charges, or
366	366	tolls for the use of the public transit system or the parking
367	367	facilities; and
368	368	(2) issue bonds or notes to finance the cost of these
369	369	facilities.
370	370	[Sections 3903.155-3903.200 reserved for expansion]
371	371	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
372	372	Sec. 3903.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
373	373	board by resolution shall establish the number of directors'
374	374	signatures and the procedure required for a disbursement or
375	375	transfer of the district's money.
376	376	Sec. 3903.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
377	377	The district may acquire, construct, finance, operate, or maintain
378	378	any improvement or service authorized under this chapter or Chapter
379	379	375, Local Government Code, using any money available to the
380	380	district.
381	381	Sec. 3903.203. PETITION REQUIRED FOR FINANCING SERVICES AND
382	382	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
383	383	service or improvement project with assessments under this chapter
384	384	unless a written petition requesting that service or improvement
385	385	has been filed with the board.
386	386	(b) A petition filed under Subsection (a) must be signed by
387	387	the owners of a majority of the assessed value of real property in
388	388	the district subject to assessment according to the most recent
389	389	certified tax appraisal roll for the county.
390	390	Sec. 3903.204. METHOD OF NOTICE FOR HEARING. The district
391	391	may mail the notice required by Section 375.115(c), Local
392	392	Government Code, by certified or first class United States mail.
393	393	The board shall determine the method of notice.
394	394	Sec. 3903.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
395	395	The board by resolution may impose and collect an assessment for any
396	396	purpose authorized by this chapter in all or any part of the
397	397	district.
398	398	(b) An assessment, a reassessment, or an assessment
399	399	resulting from an addition to or correction of the assessment roll
400	400	by the district, penalties and interest on an assessment or
401	401	reassessment, an expense of collection, and reasonable attorney's
402	402	fees incurred by the district:
403	403	(1) are a first and prior lien against the property
404	404	assessed;
405	405	(2) are superior to any other lien or claim other than
406	406	a lien or claim for county, school district, or municipal ad valorem
407	407	taxes; and
408	408	(3) are the personal liability of and a charge against
409	409	the owners of the property even if the owners are not named in the
410	410	assessment proceedings.
411	411	(c) The lien is effective from the date of the board's
412	412	resolution imposing the assessment until the date the assessment is
413	413	paid. The board may enforce the lien in the same manner that the
414	414	board may enforce an ad valorem tax lien against real property.
415	415	(d) The board may make a correction to or deletion from the
416	416	assessment roll that does not increase the amount of assessment of
417	417	any parcel of land without providing notice and holding a hearing in
418	418	the manner required for additional assessments.
419	419	Sec. 3903.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
420	420	ASSESSMENTS. The district may not impose an impact fee or
421	421	assessment on the property, including the equipment,
422	422	rights-of-way, facilities, or improvements, of:
423	423	(1) an electric utility or a power generation company
424	424	as defined by Section 31.002, Utilities Code;
425	425	(2) a gas utility as defined by Section 101.003 or
426	426	121.001, Utilities Code;
427	427	(3) a telecommunications provider as defined by
428	428	Section 51.002, Utilities Code; or
429	429	(4) a person who provides to the public cable
430	430	television or advanced telecommunications services.
431	431	Sec. 3903.207. RESIDENTIAL PROPERTY. Section 375.161,
432	432	Local Government Code, does not apply to the district.
433	433	Sec. 3903.208. OPERATION AND MAINTENANCE TAX. (a) If
434	434	authorized at an election held in accordance with Section 3903.213,
435	435	the district may impose an operation and maintenance tax on taxable
436	436	property in the district in accordance with Section 49.107, Water
437	437	Code, for any district purpose, including to:
438	438	(1) maintain and operate the district;
439	439	(2) construct or acquire improvements; or
440	440	(3) provide a service.
441	441	(b) The board shall determine the tax rate. The rate may not
442	442	exceed the rate approved at the election.
443	443	Sec. 3903.209. CONTRACT TAXES. (a) In accordance with
444	444	Section 49.108, Water Code, the district may impose a tax other than
445	445	an operation and maintenance tax and use the revenue derived from
446	446	the tax to make payments under a contract after the provisions of
447	447	the contract have been approved by a majority of the district voters
448	448	voting at an election held for that purpose.
449	449	(b) A contract approved by the district voters may contain a
450	450	provision stating that the contract may be modified or amended by
451	451	the board without further voter approval.
452	452	Sec. 3903.210. AUTHORITY TO ISSUE BONDS. (a) The district
453	453	by competitive bid may issue bonds, notes, or other obligations
454	454	payable wholly or partly from ad valorem taxes, assessments, impact
455	455	fees, revenue, grants, or other money of the district, or any
456	456	combination of those sources of money, to pay for any authorized
457	457	district purpose.
458	458	(b) The limitation on the outstanding principal amount of
459	459	bonds, notes, and other obligations provided by Section 49.4645,
460	460	Water Code, does not apply to the district.
461	461	Sec. 3903.211. CITY APPROVAL OF DISTRICT BONDS. (a) Not
462	462	later than the 30th day before the first publication of notice of
463	463	the sale of a district bond, the district shall provide to the city,
464	464	as applicable:
465	465	(1) a copy of the district's application to the Texas
466	466	Commission on Environmental Quality for approval of the bond sale;
467	467	(2) a copy of the staff memorandum from the Texas
468	468	Commission on Environmental Quality approving the projects and the
469	469	bonds;
470	470	(3) the proposed bond resolution;
471	471	(4) the preliminary official statement for the bond
472	472	sale;
473	473	(5) the bid form; and
474	474	(6) the notice of sale.
475	475	(b) The city may refuse to approve a bond sale only if the
476	476	city determines that issuance of the bonds would cause the district
477	477	to be substantially out of compliance with a material provision of a
478	478	written agreement between the district and the city under Sections
479	479	3903.010 and 3903.105, or any other written agreement with the city
480	480	pertaining to the district's creation or operation.
481	481	(c) The city shall notify the district of its refusal to
482	482	approve a bond sale under Subsection (b) not later than the 15th day
483	483	after the city receives the information provided under Subsection
484	484	(a), or the bond sale shall be considered to be approved by the
485	485	city.
486	486	(d) The district may not issue or sell a bond that the city
487	487	has timely refused to approve under this section.
488	488	Sec. 3903.212. TAXES FOR BONDS. At the time the district
489	489	issues bonds or other obligations payable wholly or partly from ad
490	490	valorem taxes, the board shall provide for the annual imposition of
491	491	a continuing direct ad valorem tax, without limit as to rate or
492	492	amount, while all or part of the bonds are outstanding as required
493	493	and in the manner provided by Sections 54.601 and 54.602, Water
494	494	Code.
495	495	Sec. 3903.213. ELECTIONS REGARDING TAXES AND BONDS. (a)
496	496	The district may issue, without an election, bonds, notes, and
497	497	other obligations secured by:
498	498	(1) revenue other than ad valorem taxes; or
499	499	(2) contract payments described by Section 3903.209.
500	500	(b) The district must hold an election in the manner
501	501	provided by Subchapter L, Chapter 375, Local Government Code, to
502	502	obtain voter approval before the district may impose an ad valorem
503	503	tax or sales and use tax or issue bonds payable from ad valorem
504	504	taxes.
505	505	(c) Section 375.243, Local Government Code, does not apply
506	506	to the district.
507	507	(d) All or any part of any facilities or improvements that
508	508	may be acquired by a district by the issuance of district bonds may
509	509	be included in one single proposition to be voted on at the election
510	510	or the bonds may be submitted in several propositions.
511	511	Sec. 3903.214. CITY NOT REQUIRED TO PAY DISTRICT
512	512	OBLIGATIONS. Except as provided by Section 375.263, Local
513	513	Government Code, the city is not required to pay a bond, note, or
514	514	other obligation of the district.
515	515	Sec. 3903.215. COMPETITIVE BIDDING. Subchapter I, Chapter
516	516	49, Water Code, applies to the district. Subchapter K, Chapter 375,
517	517	Local Government Code, does not apply to the district if the
518	518	district complies with the requirements of Section 375.222, Local
519	519	Government Code, as that section existed on January 1, 2009.
520	520	Sec. 3903.216. TAX AND ASSESSMENT ABATEMENTS. The district
521	521	may grant in the manner authorized by Chapter 312, Tax Code, an
522	522	abatement for a tax or assessment owed to the district.
523	523	Sec. 3903.217. TAX INCREMENT FINANCING POWERS. (a) The
524	524	district may designate all or any part of the district as a tax
525	525	increment reinvestment zone, and the district may use tax increment
526	526	financing under Chapter 311, Tax Code, in the manner provided by
527	527	that chapter for a municipality, except as modified by this
528	528	section.
529	529	(b) The district has all powers provided under Chapter 311,
530	530	Tax Code.
531	531	(c) The district and an overlapping taxing unit may enter
532	532	into an interlocal agreement for the payment of all or a portion of
533	533	the tax increment of the unit to the district.
534	534	(d) For the purpose of tax increment financing under this
535	535	section, the board functions as the board of directors of the
536	536	reinvestment zone. Section 311.009, Tax Code, does not apply to the
537	537	district.
538	538	[Sections 3903.218-3903.300 reserved for expansion]
539	539	SUBCHAPTER F. SALES AND USE TAX
540	540	Sec. 3903.301. MEANINGS OF WORDS AND PHRASES. Words and
541	541	phrases used in this subchapter that are defined by Chapters 151 and
542	542	321, Tax Code, have the meanings assigned by Chapters 151 and 321,
543	543	Tax Code.
544	544	Sec. 3903.302. APPLICABILITY OF CERTAIN TAX CODE
545	545	PROVISIONS. (a) Except as otherwise provided by this subchapter,
546	546	Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
547	547	apply to taxes imposed under this subchapter and to the
548	548	administration and enforcement of those taxes in the same manner
549	549	that those laws apply to state taxes.
550	550	(b) Chapter 321, Tax Code, relating to municipal sales and
551	551	use taxes applies to the application, collection, charge, and
552	552	administration of a sales and use tax imposed under this subchapter
553	553	to the extent consistent with this chapter, as if references in
554	554	Chapter 321, Tax Code, to a municipality referred to the district
555	555	and references to a governing body referred to the board.
556	556	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
557	557	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
558	558	apply to a tax imposed under this subchapter.
559	559	Sec. 3903.303. AUTHORIZATION; ELECTION. (a) The district
560	560	may adopt a sales and use tax to serve the purposes of the district
561	561	after an election in which a majority of the voters of the district
562	562	voting in the election authorize the adoption of the tax.
563	563	(b) The board by order may call an election to authorize a
564	564	sales and use tax. The election may be held with any other district
565	565	election.
566	566	(c) The district shall provide notice of the election and
567	567	hold the election in the manner prescribed by Section 3903.213.
568	568	(d) The ballots shall be printed to provide for voting for
569	569	or against the proposition: "Authorization of a sales and use tax
570	570	in the Austin Desired Development Zone Management District No. 5 at
571	571	a rate not to exceed _____ percent."
572	572	Sec. 3903.304. ABOLISHING SALES AND USE TAX. (a) Except as
573	573	provided in Subsection (b), the board may abolish the sales and use
574	574	tax without an election.
575	575	(b) The board may not abolish the sales and use tax if the
576	576	district has outstanding debt secured by the tax.
577	577	(c) Notwithstanding Subsection (b), a sales and use tax
578	578	adopted under this subchapter is automatically abolished on the
579	579	effective date of full-purpose annexation by the city of the
580	580	district.
581	581	Sec. 3903.305. SALES AND USE TAX RATE. (a) On adoption of
582	582	the tax authorized by this subchapter, there is imposed a tax on the
583	583	receipts from the sale at retail of taxable items in the district
584	584	and an excise tax on the use, storage, or other consumption in the
585	585	district of taxable items purchased, leased, or rented from a
586	586	retailer in the district during the period that the tax is in
587	587	effect.
588	588	(b) The board shall determine the rate of the tax, which may
589	589	be in one-eighth of one percent increments not to exceed the maximum
590	590	rate authorized by the district voters at the election. The board
591	591	may lower the tax rate to the extent it does not impair any
592	592	outstanding debt or obligations payable from the tax.
593	593	(c) The rate of the excise tax is the same as the rate of the
594	594	sales tax portion of the tax and is applied to the sales price of the
595	595	taxable item.
596	596	[Sections 3903.306-3903.350 reserved for expansion]
597	597	SUBCHAPTER G. HOTEL OCCUPANCY TAXES
598	598	Sec. 3903.351. HOTEL OCCUPANCY TAX. (a) In this section,
599	599	"hotel" has the meaning assigned by Section 156.001, Tax Code.
600	600	(b) For purposes of this section, a reference in Chapter
601	601	351, Tax Code, to a municipality is a reference to the district and
602	602	a reference in Chapter 351, Tax Code, to the municipality's
603	603	officers or governing body is a reference to the board.
604	604	(c) Except as inconsistent with this section, Subchapter A,
605	605	Chapter 351, Tax Code, governs a hotel occupancy tax authorized by
606	606	this section.
607	607	(d) The district may impose a hotel occupancy tax and use
608	608	the revenue from the tax for any district purpose that is an
609	609	authorized use of hotel occupancy tax revenue under Chapter 351,
610	610	Tax Code.
611	611	(e) The board by order may impose, repeal, increase, or
612	612	decrease the rate of a tax on a person who, under a lease,
613	613	concession, permit, right of access, license, contract, or
614	614	agreement, pays for the use or possession or for the right to the
615	615	use or possession of a room that:
616	616	(1) is in a hotel located in the district's boundaries;
617	617	(2) costs $2 or more each day; and
618	618	(3) is ordinarily used for sleeping.
619	619	(f) The amount of the tax may not exceed seven percent of the
620	620	price paid for a room in a hotel.
621	621	(g) The district may examine and receive information
622	622	related to the imposition of hotel occupancy taxes to the same
623	623	extent as if the district were a municipality.
624	624	(h) A hotel occupancy tax imposed under this subchapter is
625	625	automatically abolished on the effective date of full-purpose
626	626	annexation by the city of the district.
627	627	[Sections 3903.352-3903.400 reserved for expansion]
628	628	SUBCHAPTER H. DISSOLUTION
629	629	Sec. 3903.401. DISSOLUTION. (a) The district may not be
630	630	dissolved under Subchapter M, Chapter 375, Local Government Code,
631	631	or any other law that authorizes dissolution of the district unless
632	632	all of the district's outstanding debts and contractual obligations
633	633	payable from ad valorem taxes, sales and use taxes, assessments, or
634	634	other revenue sources are paid in full or payment is fully provided
635	635	for.
636	636	(b) If the conditions of Subsection (a) are satisfied, the
637	637	district may be dissolved by the affirmative vote of at least five
638	638	of the directors of the board. If the conditions of Subsection (a)
639	639	are satisfied after the district has been annexed into the city for
640	640	full purposes, the city may dissolve the district by the majority
641	641	vote of its governing body.
642	642	(c) Dissolution of the district shall be in accordance with
643	643	the terms and conditions of this section and of an agreement between
644	644	the landowner and the city under Section 3903.010.
645	645	(d) Sections 43.075 and 43.0715, Local Government Code, do
646	646	not apply to the district.
647	647	SECTION 2. Austin Desired Development Zone District No. 5
648	648	includes all territory contained in the following area:
649	649	DESCRIPTION OF 339.251 ACRES IN THE SANTIAGO DEL VALLE GRANT
650	650	IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A 167.748 ACRE TRACT
651	651	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
652	652	DATED DECEMBER 13, 2006 AND RECORDED IN DOCUMENT NO. 2006241307 OF
653	653	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
654	654	98.656 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA
655	655	ACQUISITION INC., DATED OCTOBER 19, 2006 AND RECORDED IN DOCUMENT
656	656	NO. 2006204344 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
657	657	TEXAS, A PORTION OF A 60.921 ACRE TRACT DESCRIBED IN A SPECIAL
658	658	WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND
659	659	RECORDED IN DOCUMENT NO. 2006239174 OF THE OFFICIAL PUBLIC RECORDS
660	660	OF TRAVIS COUNTY, TEXAS, A PORTION OF A 55.222 ACRE TRACT DESCRIBED
661	661	IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2,
662	662	2006 AND RECORDED IN DOCUMENT NO. 2006060712 OF THE OFFICIAL PUBLIC
663	663	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 25.119 ACRE TRACT
664	664	DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC.,
665	665	DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. 2006060707 OF THE
666	666	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
667	667	7.602 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
668	668	ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO.
669	669	2006060704 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
670	670	A PORTION OF A 23.694 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY
671	671	DEED TO JONA ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN
672	672	DOCUMENT NO. 2006060710 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
673	673	COUNTY, TEXAS, A PORTION OF A 42.558 ACRE TRACT DESCRIBED IN A
674	674	GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED MAY 16, 2008
675	675	AND RECORDED IN DOCUMENT NO. 2008083861 OF THE OFFICIAL PUBLIC
676	676	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF WENDE ROAD, A PUBLIC
677	677	ROAD IN TRAVIS COUNTY, TEXAS HAVING A RIGHT-OF-WAY WIDTH OF 40 FEET,
678	678	AND A PORTION OF SASSMAN ROAD, A PUBLIC ROAD IN TRAVIS COUNTY, TEXAS
679	679	HAVING A RIGHT-OF-WAY OF VARIABLE WIDTH.
680	680	SAVE AND EXCEPT LOT ONE, J.P. COTMAN ADDITION, AN ADDITION TO
681	681	TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF,
682	682	RECORDED IN VOLUME 79, PAGE 60, OF THE PLAT RECORDS OF TRAVIS
683	683	COUNTY, TEXAS, CONVEYED TO JUAN YESCAS AND MARIA R. YESCAS IN A
684	684	WARRANTY DEED, DATED DECEMBER 30, 2004 AND RECORDED IN DOCUMENT NO.
685	685	2004242191 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
686	686	A 2.50 ACRE TRACT DESCRIBED IN AN INDEPENDENT EXECUTOR'S SPECIAL
687	687	WARRANTY DEED TO MICHAEL L. APPLEGATE AND HARMONY D. APPLEGATE,
688	688	DATED OCTOBER 23 2003 AND RECORDED IN DOCUMENT NO. 2003268689 OF THE
689	689	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, A 3.213 ACRES TRACT
690	690	DESCRIBED IN A DEED, WITH VENDOR'S LIEN TO MARIO RODRIGUEZ & EMMA
691	691	RODRIGUEZ, DATED FEBRUARY 4, 1983 AND RECORDED IN VOLUME 7998, PAGE
692	692	656 OF THE DEED RECORDS OF TRAVIS COUNTY TEXAS, A 2.50 ACRE TRACT
693	693	DESCRIBED IN A DEED TO H. E. THYSSEN & MARGARET THYSSEN, DATED JUNE
694	694	3, 1977 AND RECORDED IN VOLUME 5827, PAGE 2441 OF THE DEED RECORDS
695	695	OF TRAVIS COUNTY TEXAS, A 0.201 ACRE TRACT DESCRIBED IN A WARRANTY
696	696	DEED TO LARRY THYSSEN, DATED OCTOBER 31, 2006 AND RECORDED IN
697	697	DOCUMENT NO. 2006224848 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
698	698	COUNTY TEXAS; SAID 339.251 ACRE TRACT BEING MORE PARTICULARLY
699	699	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
700	700	BEGINNING at a 1/2" rebar with "Chaparral Boundary" cap found
701	701	for the southeast corner of said 167.748 acre tract, same being in
702	702	the west right-of-way line of F.M. 1625 (80' right-of-way), also
703	703	being in the north right-of-way line of Sassman Road (right-of-way
704	704	width varies);
705	705	THENCE South 2711'52" West, crossing Sassman Road with the
706	706	west right-of-way line of F.M. 1625, a distance of 70.00 feet to a
707	707	1/2" iron rod found for the northeast corner of said 98.656 acre
708	708	tract;
709	709	THENCE with the west right-of-way line of F. M. 1625, same
710	710	being the east line of said 98.656 acre tract, the following two (2)
711	711	courses and distances:
712	712	1. South 2711'52" West, a distance of 2856.46 feet to a
713	713	concrete highway monument found 40 feet right of TxDOT centerline
714	714	station 115+77;
715	715	2. South 2704'38" West, a distance of 352.97 feet to a
716	716	calculated point in said line;
717	717	THENCE crossing said 98.656 acre tract, said 60.921 acre
718	718	tract, said 51.942 acre tract, said 55.222 acre tract, said 25.119
719	719	acre tract, said 7.602 acre tract, said 23.694 acre tract, Sassman
720	720	Road, said 42.558 acre tract, and said 167.748 acre tract the
721	721	following fifteen (15) courses and distances:
722	722	1. North 6255'22" West, a distance of 149.13 feet to a
723	723	calculated point;
724	724	2. With a curve to the right, having a radius of 1800.01
725	725	feet, a delta angle of 6824'29", an arc length of 2149.12 feet, and
726	726	a chord which bears North 2843'07" West, a distance of 2023.72 feet
727	727	to a calculated point;
728	728	3. North 0529'07" East, a distance of 423.15 feet to a
729	729	calculated point;
730	730	4. With a curve to the left, having a radius of 1000.01 feet,
731	731	a delta angle of 4036'48", an arc length of 708.84 feet, and a chord
732	732	which bears North 1449'17" West, a distance of 694.10 feet to a
733	733	calculated point;
734	734	5. North 3507'41" West, a distance of 344.76 feet to a
735	735	calculated point;
736	736	6. North 5452'19" East, a distance of 25.40 feet to a
737	737	calculated point;
738	738	7. With a curve to the left, having a radius of 500.00 feet,
739	739	a delta angle of 9625'47", an arc length of 841.51 feet, and a chord
740	740	which bears North 0639'26" East, a distance of 745.65 feet to a
741	741	calculated point;
742	742	8. North 4133'28" West, a distance of 324.65 feet to a
743	743	calculated point;
744	744	9. With a curve to the right, having a radius of 500.00 feet,
745	745	a delta angle of 6945'07", an arc length of 608.70 feet, and a chord
746	746	which bears North 0640'55" West, a distance of 571.80 feet to a
747	747	calculated point;
748	748	10. North 2811'39" East, a distance of 1655.67 feet to a
749	749	calculated point;
750	750	11. South 6148'21" East, a distance of 1129.78 feet to a
751	751	calculated point;
752	752	12. With a curve to the left, having a radius of 1400.00
753	753	feet, a delta angle of 3117'39", an arc length of 764.66 feet, and a
754	754	chord which bears South 7727'10" East, a distance of 755.19 feet to
755	755	a calculated point;
756	756	13. North 8654'01" East, a distance of 948.17 feet to a
757	757	calculated point;
758	758	14. With a curve to the right, having a radius of 1400.01
759	759	feet, a delta angle of 3017'26", an arc length of 740.14 feet, and a
760	760	chord which bears South 7757'16" East, a distance of 731.55 feet to
761	761	a calculated point;
762	762	15. South 6248'33" East, a distance of 209.65 feet to a
763	763	calculated point in the west right-of-way line of said F.M. 1625,
764	764	same being the southeast line of said 167.748 acre tract;
765	765	THENCE with the west right-of-way line of F.M. 1625, same
766	766	being the southeast line of said 167.748 acre tract, the following
767	767	two (2) courses and distances:
768	768	1. South 2705'45" West, a distance of 1346.91 feet to a
769	769	concrete highway monument found;
770	770	2. South 2719'52" West, a distance of 601.74 feet to a 1/2"
771	771	rebar with "Chaparral Boundary" cap found at the east corner of a
772	772	2.99 acre tract described in a deed of record in Document No.
773	773	2005117402 of the Official Public Records of Travis County, Texas,
774	774	from which a 1/2" rebar found bears South 6217'33" East, a distance
775	775	of 0.61 feet;
776	776	THENCE continuing with the southeast line of said 167.748
777	777	acre tract, same being the northeast, northwest, and southwest
778	778	lines of said 2.99 acre tract, the following three (3) courses and
779	779	distances:
780	780	1. North 6214'19" West, a distance of 361.02 feet to a 1/2"
781	781	rebar found;
782	782	2. South 2725'52" West, a distance of 360.78 feet to a 1/2"
783	783	rebar found;
784	784	3. South 6214'19" East, a distance of 361.65 feet to a 1/2"
785	785	rebar with "Chaparral Boundary" cap found in the west right-of-way
786	786	line of F.M. 1625, same being the south corner of said 2.99 acre
787	787	tract;
788	788	THENCE continuing with the southeast line of said 167.748
789	789	acre tract, same being the west right-of-way line of F.M. 1625, the
790	790	following two (2) courses and distances:
791	791	1. South 2719'52" West, a distance of 361.72 feet to a 1/2"
792	792	rebar with "Chaparral Boundary" cap found;
793	793	2. South 2711'52" West, a distance of 434.71 feet to the
794	794	POINT OF BEGINNING, containing 339.251 acres of land, more or less.
795	795	SECTION 3. (a) The legislature finds that the development
796	796	or redevelopment in the area in the proposed Austin Desired
797	797	Development Zone District No. 5 would not occur solely through
798	798	private investment in the reasonably foreseeable future.
799	799	(b) The legislature further finds that the area in the
800	800	proposed Austin Desired Development Zone District No. 5 is
801	801	unproductive and underdeveloped and that the conditions
802	802	substantially arrest or impair the sound growth of the area, are an
803	803	economic or social liability, and present a menace to the public
804	804	health, safety, morals, or welfare.
805	805	SECTION 4. (a) The legal notice of the intention to
806	806	introduce this Act, setting forth the general substance of this
807	807	Act, has been published as provided by law, and the notice and a
808	808	copy of this Act have been furnished to all persons, agencies,
809	809	officials, or entities to which they are required to be furnished
810	810	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
811	811	Government Code.
812	812	(b) The governor, one of the required recipients, has
813	813	submitted the notice and Act to the Texas Commission on
814	814	Environmental Quality.
815	815	(c) The Texas Commission on Environmental Quality has filed
816	816	its recommendations relating to this Act with the governor,
817	817	lieutenant governor, and speaker of the house of representatives
818	818	within the required time.
819	819	(d) The general law relating to consent by political
820	820	subdivisions to the creation of districts with conservation,
821	821	reclamation, and road powers and the inclusion of land in those
822	822	districts has been complied with.
823	823	(e) All requirements of the constitution and laws of this
824	824	state and the rules and procedures of the legislature with respect
825	825	to the notice, introduction, and passage of this Act have been
826	826	fulfilled and accomplished.
827	827	SECTION 5. This Act takes effect immediately if it receives
828	828	a vote of two-thirds of all the members elected to each house, as
829	829	provided by Section 39, Article III, Texas Constitution. If this
830	830	Act does not receive the vote necessary for immediate effect, this
831	831	Act takes effect September 1, 2009.