84R18657 JSL-F
By: Isaac H.B. No. 2259
Substitute the following for H.B. No. 2259:
By: Fallon C.S.H.B. No. 2259
A BILL TO BE ENTITLED
AN ACT
relating to the Driftwood Economic Development Municipal
Management District; removing conditions to imposing a tax on
residential property; providing authority to issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3858.052, Special District Local Laws
Code, is amended to read as follows:
Sec. 3858.052. APPOINTMENT OF DIRECTORS. The board
consists of the following directors:
(1) Position 1: a person appointed by the
commissioners court;
(2) Position 2: a person appointed by the
commissioners court;
(3) Position 3: a person appointed by the city
council;
(4) Position 4: a person appointed by the city
council; and
(5) Position 5: a person appointed by the
commissioners court, who must be the individual, the designee of
the individual, or the designee of the entity that [who] owns more
property in the district than any other individual or entity,
except that if the commissioners court is unable to identify a
qualified person [qualified for Position 5] who is willing and able
to serve, the commissioners court shall appoint to the place a
person who is:
(A) at least 18 years old; and
(B) a resident of this state.
SECTION 2. Subchapter B, Chapter 3858, Special District
Local Laws Code, is amended by adding Section 3858.057 to read as
follows:
Sec. 3858.057. QUALIFICATIONS OF DIRECTORS; PARTICIPATION
IN VOTING. (a) Sections 375.063 and 375.072, Local Government
Code, do not apply to a director.
(b) An official or employee of a public entity may serve on
the board. The common law doctrine of incompatibility does not
disqualify an official or employee of a public entity from serving
as a director.
(c) A person appointed to serve on the board under this
chapter is qualified to serve as a director and participate in all
votes pertaining to the business of the district regardless of any
other statutory provision to the contrary.
(d) A director may participate in discussion and vote on an
action even if:
(1) the director has a beneficial interest in a
business entity that will receive a pecuniary benefit from the
action; or
(2) the director is an official or employee of a public
entity and the action relates to assessments on or contracts with
the public entity.
SECTION 3. Section 3858.102(a), Special District Local Laws
Code, is amended to read as follows:
(a) The district may provide, or it may enter into contracts
with a governmental or private entity to provide, the following
types of improvement projects or services or activities in support
of or incidental to those projects or services:
(1) the planning, design, construction, improvement,
operation, and maintenance of:
(A) irrigation facilities and landscaping;
(B) highway right-of-way or transit corridor
beautification and improvement;
(C) lighting, banners, and signs;
(D) a street or sidewalk;
(E) a hiking or cycling path or trail;
(F) a park, lake, garden, recreational facility,
sports facility, open space, scenic area, animal habitat, or
related exhibit or preserve;
(G) a fountain, plaza, or pedestrian mall;
(H) a drainage or storm-water detention
improvement;
(I) a wastewater treatment and disposal
facility;
(J) water, wastewater, or drainage facilities or
services;
(K) a water quality protection facility;
(L) [(K)] a facility to enhance groundwater
recharge, including a rainwater collection and harvesting system;
(M) [(L)] an alternative energy facility; or
(N) [(M)] solid waste management services,
including garbage collection, recycling, and composting;
(2) the planning, design, construction, acquisition,
lease, rental, improvement, maintenance, installation, and
management of and provision of furnishings for a facility for:
(A) a conference, convention, or exhibition;
(B) a manufacturer, consumer, or trade show;
(C) a civic, community, or institutional event;
or
(D) an exhibit, display, attraction, special
event, or seasonal or cultural celebration or holiday; or
(3) a special or supplemental service for the
improvement and promotion of the district or for the protection of
public health and safety in the district, including:
(A) advertising;
(B) promotion;
(C) tourism;
(D) health and sanitation;
(E) public safety;
(F) security;
(G) fire protection or emergency medical
services;
(H) business recruitment;
(I) development;
(J) elimination of traffic congestion;
(K) recreational, educational, or cultural
improvements, enhancements, and services; [or]
(L) water, wastewater, or drainage facilities or
services; or
(M) any similar public improvement, facility, or
service.
SECTION 4. Subchapter C, Chapter 3858, Special District
Local Laws Code, is amended by adding Section 3858.1025 to read as
follows:
Sec. 3858.1025. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers that Chapter 380,
Local Government Code, provides to a municipality.
SECTION 5. Section 3858.104(a), Special District Local Laws
Code, is amended to read as follows:
(a) The district may adopt and enforce rules:
(1) to administer or operate the district or any
service provided by the district;
(2) for the use, enjoyment, availability, protection,
security, and maintenance of the district's property and
facilities; or
(3) to provide for public safety and security in the
district.
SECTION 6. Subchapter D, Chapter 3858, Special District
Local Laws Code, is amended by adding Section 3858.1521 to read as
follows:
Sec. 3858.1521. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds, notes, or other obligations payable
wholly or partly from ad valorem taxes, assessments, impact fees,
revenue, contract payments, grants, or other district money for any
purpose authorized by this chapter.
(b) Notwithstanding Subsection (a), ad valorem taxes may be
pledged only to pay bonds, notes, or other obligations that are
issued by the district for purposes authorized under Sections 52
and 52-a, Article III, or Section 59, Article XVI, Texas
Constitution.
SECTION 7. Section 3858.152, Special District Local Laws
Code, is repealed.
SECTION 8. (a) Section 3858.153(c), Special District Local
Laws Code, is repealed.
(b) This section takes effect January 1, 2016.
SECTION 9. The repeal by this Act of Section 3858.153(c),
Special District Local Laws Code, applies only to ad valorem taxes
that are imposed for an ad valorem tax year that begins on or after
January 1, 2016.
SECTION 10. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor has submitted the notice and Act to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 11. Except as otherwise provided by this Act, this
Act takes effect September 1, 2015.