| 1 | 1 | | 82R22721 TJB-D |
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| 2 | 2 | | By: Gallego H.B. No. 3797 |
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| 3 | 3 | | Substitute the following for H.B. No. 3797: |
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| 4 | 4 | | By: Martinez Fischer C.S.H.B. No. 3797 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the validation of the creation of, and certain acts |
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| 10 | 10 | | related to, a venue project, and the dissolution of certain venue |
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| 11 | 11 | | districts. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. (a) The legislature validates and confirms: |
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| 14 | 14 | | (1) the creation of, and election on, a venue project |
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| 15 | 15 | | to finance the restoration and renovation of a venue as of the date |
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| 16 | 16 | | of an election held before the effective date of this Act at which |
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| 17 | 17 | | the voters of a municipality approved the creation of the venue |
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| 18 | 18 | | project and the levy of a two percent increase in the local hotel |
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| 19 | 19 | | occupancy tax; and |
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| 20 | 20 | | (2) the levy and collection of a two percent increase |
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| 21 | 21 | | in the local hotel occupancy tax for a venue project that occurred |
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| 22 | 22 | | before the effective date of this Act. |
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| 23 | 23 | | (b) This section does not apply to any matter that on the |
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| 24 | 24 | | effective date of this Act: |
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| 25 | 25 | | (1) is involved in litigation if the litigation |
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| 26 | 26 | | ultimately results in the matter being held invalid by a final court |
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| 27 | 27 | | judgment; or |
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| 28 | 28 | | (2) has been held invalid by a final court judgment. |
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| 29 | 29 | | (c) This Act does not validate any governmental act or |
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| 30 | 30 | | proceeding that, under the law in effect at the time the act or |
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| 31 | 31 | | proceeding occurred, would constitute a criminal offense |
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| 32 | 32 | | punishable as a misdemeanor or felony. |
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| 33 | 33 | | SECTION 2. Chapter 335, Local Government Code, is amended |
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| 34 | 34 | | by adding Subchapter G to read as follows: |
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| 35 | 35 | | SUBCHAPTER G. DISSOLUTION OF DISTRICTS IN LESS POPULOUS COUNTIES |
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| 36 | 36 | | Sec. 335.151. APPLICABILITY. This subchapter applies only |
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| 37 | 37 | | to a district wholly located in a county with a population of less |
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| 38 | 38 | | than 15,000. |
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| 39 | 39 | | Sec. 335.152. DISSOLUTION. The governing body of each |
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| 40 | 40 | | political subdivision that created a district may dissolve the |
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| 41 | 41 | | district by adopting a concurrent order. |
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| 42 | 42 | | Sec. 335.153. ASSETS AND LIABILITIES. (a) The assets and |
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| 43 | 43 | | liabilities of a district dissolved under this subchapter shall be |
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| 44 | 44 | | transferred to the county in which the district is located. |
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| 45 | 45 | | (b) After payment of district liabilities, the county shall |
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| 46 | 46 | | use the district assets that remain for an approved venue project of |
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| 47 | 47 | | the county. |
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| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2011. |
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