By: Gallego (Senate Sponsor - Uresti) H.B. No. 1040
(In the Senate - Received from the House April 18, 2011;
April 20, 2011, read first time and referred to Committee on
Economic Development; May 13, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6,
Nays 0; May 13, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1040 By: Jackson
A BILL TO BE ENTITLED
AN ACT
relating to the validation of the creation of, and certain acts
related to, a venue project, and the dissolution of certain venue
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The legislature validates and confirms:
(1) the creation of, and election on, a venue project
to finance the restoration and renovation of a venue as of the date
of an election held before the effective date of this Act at which
the voters of a municipality approved the creation of the venue
project and the levy of a two percent increase in the local hotel
occupancy tax; and
(2) the levy and collection of a two percent increase
in the local hotel occupancy tax for a venue project that occurred
before the effective date of this Act.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
(c) This Act does not validate any governmental act or
proceeding that, under the law in effect at the time the act or
proceeding occurred, would constitute a criminal offense
punishable as a misdemeanor or felony.
SECTION 2. Chapter 335, Local Government Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. DISSOLUTION OF DISTRICTS IN LESS POPULOUS COUNTIES
Sec. 335.151. APPLICABILITY. This subchapter applies only
to a district wholly located in a county with a population of less
than 15,000.
Sec. 335.152. DISSOLUTION. The governing body of each
political subdivision that created a district may dissolve the
district by adopting a concurrent order.
Sec. 335.153. ASSETS AND LIABILITIES. (a) The assets and
liabilities of a district dissolved under this subchapter shall be
transferred to the county in which the district is located.
(b) After payment of district liabilities, the county shall
use the district assets that remain for an approved venue project of
the county.
SECTION 3. 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, 2011.
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