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