| 1 | 1 | | 81R204 KSD-D |
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| 2 | 2 | | By: West S.B. No. 430 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to higher education facilities as authorized projects in a |
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| 8 | 8 | | public improvement district. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 372.003(b), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) A public improvement project may include: |
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| 13 | 13 | | (1) landscaping; |
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| 14 | 14 | | (2) erection of fountains, distinctive lighting, and |
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| 15 | 15 | | signs; |
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| 16 | 16 | | (3) acquiring, constructing, improving, widening, |
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| 17 | 17 | | narrowing, closing, or rerouting of sidewalks or of streets, any |
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| 18 | 18 | | other roadways, or their rights-of-way; |
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| 19 | 19 | | (4) construction or improvement of pedestrian malls; |
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| 20 | 20 | | (5) acquisition and installation of pieces of art; |
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| 21 | 21 | | (6) acquisition, construction, or improvement of |
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| 22 | 22 | | libraries; |
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| 23 | 23 | | (7) acquisition, construction, or improvement of |
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| 24 | 24 | | off-street parking facilities; |
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| 25 | 25 | | (8) acquisition, construction, improvement, or |
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| 26 | 26 | | rerouting of mass transportation facilities; |
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| 27 | 27 | | (9) acquisition, construction, or improvement of |
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| 28 | 28 | | water, wastewater, or drainage facilities or improvements; |
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| 29 | 29 | | (10) the establishment or improvement of parks; |
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| 30 | 30 | | (11) projects similar to those listed in Subdivisions |
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| 31 | 31 | | (1)-(10); |
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| 32 | 32 | | (12) acquisition, by purchase or otherwise, of real |
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| 33 | 33 | | property in connection with an authorized improvement; |
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| 34 | 34 | | (13) special supplemental services for improvement |
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| 35 | 35 | | and promotion of the district, including services relating to |
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| 36 | 36 | | advertising, promotion, health and sanitation, water and |
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| 37 | 37 | | wastewater, public safety, security, business recruitment, |
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| 38 | 38 | | development, recreation, and cultural enhancement; [and] |
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| 39 | 39 | | (14) payment of expenses incurred in the |
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| 40 | 40 | | establishment, administration, and operation of the district; and |
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| 41 | 41 | | (15) acquisition, construction, maintenance, or |
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| 42 | 42 | | improvement of buildings and other facilities commonly used for |
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| 43 | 43 | | teaching, research, or the preservation of knowledge by an |
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| 44 | 44 | | institution of higher education or for auxiliary purposes of the |
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| 45 | 45 | | institution, including administration, student services and |
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| 46 | 46 | | housing, athletics, performing arts, and alumni support. |
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| 47 | 47 | | SECTION 2. Subchapter A, Chapter 372, Local Government |
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| 48 | 48 | | Code, is amended by adding Section 372.0045 to read as follows: |
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| 49 | 49 | | Sec. 372.0045. AUTHORIZED HIGHER EDUCATION FACILITIES; |
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| 50 | 50 | | LEASE TO INSTITUTION OF HIGHER EDUCATION. (a) In this section, |
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| 51 | 51 | | "institution of higher education" has the meaning assigned by |
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| 52 | 52 | | Section 61.003, Education Code. |
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| 53 | 53 | | (b) The governing body of a municipality or county that |
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| 54 | 54 | | establishes a public improvement district to finance a public |
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| 55 | 55 | | improvement project described by Section 372.003(b)(15) may enter |
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| 56 | 56 | | into a memorandum of understanding with an institution of higher |
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| 57 | 57 | | education that provides educational services in the municipality or |
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| 58 | 58 | | county under which the municipality or county leases the public |
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| 59 | 59 | | improvement project to the institution, at a nominal rate, for use |
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| 60 | 60 | | by the institution in providing teaching, research, public service, |
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| 61 | 61 | | or auxiliary enterprise activities to students of the institution. |
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| 62 | 62 | | (c) A memorandum of understanding entered into by a |
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| 63 | 63 | | municipality or county under this section must include adequate |
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| 64 | 64 | | controls to ensure that the lease of the public improvement project |
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| 65 | 65 | | promotes the municipality's or county's interests and provides a |
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| 66 | 66 | | public benefit to the area served by the district. |
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| 67 | 67 | | SECTION 3. Section 61.0572, Education Code, is amended by |
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| 68 | 68 | | adding Subsection (f) to read as follows: |
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| 69 | 69 | | (f) Approval of the board is not required for buildings or |
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| 70 | 70 | | other facilities financed by a public improvement district under |
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| 71 | 71 | | Subchapter A, Chapter 372, Local Government Code. |
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| 72 | 72 | | SECTION 4. Section 61.058, Education Code, is amended by |
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| 73 | 73 | | adding Subsection (c) to read as follows: |
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| 74 | 74 | | (c) This section does not apply to construction, repair, or |
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| 75 | 75 | | rehabilitation of buildings or other facilities financed by a |
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| 76 | 76 | | public improvement district under Subchapter A, Chapter 372, Local |
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| 77 | 77 | | Government Code. |
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| 78 | 78 | | SECTION 5. This Act takes effect immediately if it receives |
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| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 82 | 82 | | Act takes effect September 1, 2009. |
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