Texas 2015 - 84th Regular

Texas House Bill HB2343 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R13367 KJE-F
2	2	By: Dutton H.B. No. 2343
3	3	Substitute the following for H.B. No. 2343:
4	4	By: Fallon C.S.H.B. No. 2343
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Generation Park Management District.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 3916.002, Special District Local Laws
12	12	Code, is amended to read as follows:
13	13	Sec. 3916.002. CREATION AND NATURE OF DISTRICT; IMMUNITY.
14	14	(a) The Generation Park Management District is a special district
15	15	created under Section 59, Article XVI, Texas Constitution.
16	16	(b) The district is a governmental unit under Chapter 101,
17	17	Civil Practice and Remedies Code, and the operations of the
18	18	district are essential government functions and are not proprietary
19	19	functions for any purpose, including the application of Chapter
20	20	101, Civil Practice and Remedies Code.
21	21	(c) This chapter does not waive any governmental or
22	22	sovereign immunity from suit, liability, or judgment applicable to
23	23	the district.
24	24	SECTION 2. Section 3916.006, Special District Local Laws
25	25	Code, is amended by amending Subsection (d) and adding Subsection
26	26	(f) to read as follows:
27	27	(d) The district will:
28	28	(1) promote the health, safety, and general welfare of
29	29	residents, employers, potential employees, employees, visitors,
30	30	and consumers in the district, and of the public;
31	31	(2) provide needed funding for the district to
32	32	preserve, maintain, and enhance the economic health and vitality of
33	33	the district territory as a community and business center;
34	34	(3) promote the health, safety, welfare, and enjoyment
35	35	of the public by providing pedestrian ways, road facilities,
36	36	transit facilities, parking facilities, conduit facilities, rail
37	37	facilities and other enhanced infrastructure, [and] recreational
38	38	facilities, and public art and by landscaping and developing
39	39	certain areas, which are necessary for the restoration,
40	40	preservation, and enhancement of scenic and aesthetic beauty; and
41	41	(4) provide for water, wastewater, and drainage[,
42	42	road, rail, and recreational] facilities for the district.
43	43	(f) The district will not act as the agent or
44	44	instrumentality of any private interest even though the district
45	45	will benefit many private interests as well as the public.
46	46	SECTION 3. Section 3916.008, Special District Local Laws
47	47	Code, is amended to read as follows:
48	48	Sec. 3916.008. ELIGIBILITY FOR INCLUSION IN SPECIAL
49	49	ZONES. All or any part of the area of the district is eligible to
50	50	be included in one or more of the following:
51	51	(1) a tax increment reinvestment zone created under
52	52	Chapter 311, Tax Code;
53	53	(2) a tax abatement reinvestment zone created under
54	54	Chapter 312, Tax Code;
55	55	(3) an enterprise zone created under Chapter 2303,
56	56	Government Code;
57	57	(4) a foreign trade zone created under Chapter 681,
58	58	Business & Commerce Code; or
59	59	(5) an industrial district created under Chapter 42,
60	60	Local Government Code.
61	61	SECTION 4. Section 3916.011, Special District Local Laws
62	62	Code, is amended to read as follows:
63	63	Sec. 3916.011. CONFLICTS OF LAW. This chapter prevails
64	64	over any provision of general law, including a provision of Chapter
65	65	375, Local Government Code, or Chapter 49, Water Code, that is in
66	66	conflict or inconsistent with this chapter.
67	67	SECTION 5. Subchapter B, Chapter 3916, Special District
68	68	Local Laws Code, is amended by adding Section 3916.054 to read as
69	69	follows:
70	70	Sec. 3916.054. DISQUALIFICATION OF DIRECTORS. Section
71	71	49.052, Water Code, applies to the district.
72	72	SECTION 6. Section 3916.103, Special District Local Laws
73	73	Code, is amended to read as follows:
74	74	Sec. 3916.103. RECREATIONAL FACILITIES. The district may
75	75	develop or finance recreational facilities as authorized by Chapter
76	76	375, Local Government Code, Sections 52 and 52-a, Article III,
77	77	Texas Constitution, Section 59, Article XVI, Texas Constitution,
78	78	and any other law that applies to the district.
79	79	SECTION 7. Section 3916.104, Special District Local Laws
80	80	Code, is amended to read as follows:
81	81	Sec. 3916.104. AUTHORITY FOR ROAD PROJECTS. Under Section
82	82	52, Article III, Texas Constitution, the district may own, operate,
83	83	maintain, design, acquire, construct, finance, issue bonds, notes,
84	84	or other obligations for, and improve[, and convey to this state, a
85	85	county, or a municipality for operation and maintenance]
86	86	macadamized, graveled, or paved roads or improvements, including
87	87	storm drainage and other improvements located in or adjacent to
88	88	road rights-of-way, in aid of those roads.
89	89	SECTION 8. Sections 3916.105(a) and (b), Special District
90	90	Local Laws Code, are amended to read as follows:
91	91	(a) The district may [shall] convey a road project
92	92	authorized by Section 3916.104 to:
93	93	(1) the municipality or county that will operate and
94	94	maintain the road if the municipality or county has approved the
95	95	plans and specifications of the road project; or
96	96	(2) the state if the state will operate and maintain
97	97	the road and the Texas Transportation Commission has approved the
98	98	plans and specifications of the road project.
99	99	(b) Except as provided by Subsection (c), the district shall
100	100	operate and maintain a road project authorized by Section 3916.104
101	101	that the district implements and does [is] not convey to [approved
102	102	by] a municipality, a county, or this state under Subsection (a).
103	103	SECTION 9. Section 3916.110, Special District Local Laws
104	104	Code, is amended to read as follows:
105	105	Sec. 3916.110. LAW ENFORCEMENT SERVICES. Section 49.216,
106	106	Water Code, applies to the district [To protect the public
107	107	interest, the district may contract with a qualified party,
108	108	including the county or the city, to provide law enforcement
109	109	services in the district for a separate fee or as otherwise provided
110	110	by the contract].
111	111	SECTION 10. Section 3916.116(a), Special District Local
112	112	Laws Code, is amended to read as follows:
113	113	(a) Subchapter I, Chapter 49, Water Code, applies to a
114	114	district contract for construction work, equipment, materials, or
115	115	machinery. Notwithstanding the limitations and requirements of
116	116	Sections 2269.003(a) and 2269.352, Government Code, the [The]
117	117	district may use any [a] project delivery method described by
118	118	Subchapter I, Chapter 49, Water Code, or Chapter 2269 [2267],
119	119	Government Code, including a delivery method described by
120	120	Subchapter H, Chapter 2269, Government Code.
121	121	SECTION 11. Subchapter C, Chapter 3916, Special District
122	122	Local Laws Code, is amended by adding Section 3916.119 to read as
123	123	follows:
124	124	Sec. 3916.119. FIREFIGHTING AND EMERGENCY MEDICAL
125	125	SERVICES. (a) Subchapter L, Chapter 49, Water Code, applies to the
126	126	district.
127	127	(b) Except as provided in Subsection (c) and subject to
128	128	Subsection (d), the district has the same rights and powers as a
129	129	municipality annexing territory in a district that provides
130	130	firefighting or emergency medical services to cause all or part of
131	131	the territory in the district to be removed from a district
132	132	providing firefighting or emergency medical services.
133	133	(c) The district may cause the removal of territory under
134	134	Subsection (b) whether or not that territory was originally
135	135	included in or subsequently annexed into the district.
136	136	(d) The district's right to cause the removal of territory
137	137	under this section shall be subject to a mutually satisfactory
138	138	agreement under Chapter 791, Government Code, or other applicable
139	139	law, between the district and a district that provides firefighting
140	140	or emergency medical services from which the territory will be
141	141	removed, which may include terms for the payment of funds from
142	142	current revenues of the district for the continued provision of
143	143	firefighting or emergency medical services or such other lawful
144	144	terms that the parties consider appropriate.
145	145	(e) The removal of territory under this section does not
146	146	diminish or impair the rights of the holders of any outstanding and
147	147	unpaid bonds, warrants, or other obligations, including loans and
148	148	lease-purchase agreements, of the district from which the territory
149	149	was removed.
150	150	SECTION 12. Section 3916.153, Special District Local Laws
151	151	Code, is amended to read as follows:
152	152	Sec. 3916.153. RULES. (a) The district has the general
153	153	power and duty to adopt and enforce rules as provided by Section
154	154	375.096(c), Local Government Code.
155	155	(b) The district may adopt and enforce rules covering its
156	156	public transit system or its public parking facilities, except that
157	157	a rule relating to or affecting the use of the public right-of-way
158	158	or a requirement for off-street parking is subject to
159	159	all applicable county requirements.
160	160	SECTION 13. Section 3916.351, Special District Local Laws
161	161	Code, is amended to read as follows:
162	162	Sec. 3916.351. DISSOLUTION OF DISTRICT [WITH OUTSTANDING
163	163	DEBT]. Notwithstanding Section 375.263(b), Local Government Code,
164	164	on dissolution of the district, the board shall determine whether
165	165	the district's assets will escheat to the state or are transferred
166	166	to a political subdivision of the state. [(a) The board may dissolve
167	167	the district regardless of whether the district has debt. Section
168	168	375.264, Local Government Code, does not apply to the district.
169	169	[(b) If the district has debt when it is dissolved, the
170	170	district shall remain in existence solely for the purpose of
171	171	discharging its debts. The dissolution is effective when all debts
172	172	have been discharged.]
173	173	SECTION 14. The change in law made by Section 3916.054,
174	174	Special District Local Laws Code, as added by this Act, does not
175	175	affect the entitlement of a member serving on the board of directors
176	176	of the Generation Park Management District immediately before the
177	177	effective date of this Act to continue to carry out the board's
178	178	functions for the remainder of the member's term. The change in law
179	179	applies only to a member elected on or after the effective date of
180	180	this Act.
181	181	SECTION 15. (a) The legal notice of the intention to
182	182	introduce this Act, setting forth the general substance of this
183	183	Act, has been published as provided by law, and the notice and a
184	184	copy of this Act have been furnished to all persons, agencies,
185	185	officials, or entities to which they are required to be furnished
186	186	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
187	187	Government Code.
188	188	(b) The governor, one of the required recipients, has
189	189	submitted the notice and Act to the Texas Commission on
190	190	Environmental Quality.
191	191	(c) The Texas Commission on Environmental Quality has filed
192	192	its recommendations relating to this Act with the governor, the
193	193	lieutenant governor, and the speaker of the house of
194	194	representatives within the required time.
195	195	(d) All requirements of the constitution and laws of this
196	196	state and the rules and procedures of the legislature with respect
197	197	to the notice, introduction, and passage of this Act are fulfilled
198	198	and accomplished.
199	199	SECTION 16. This Act takes effect immediately if it
200	200	receives a vote of two-thirds of all the members elected to each
201	201	house, as provided by Section 39, Article III, Texas Constitution.
202	202	If this Act does not receive the vote necessary for immediate
203	203	effect, this Act takes effect September 1, 2015.