Texas 2015 - 84th Regular

Texas House Bill HB4184 Compare Versions

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Version 2 (New)

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1		-	By: Isaac (Senate Sponsor - Campbell) H.B. No. 4184
2		-	(In the Senate - Received from the House May 18, 2015;
3		-	May 18, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 22, 2015, reported favorably by
5		-	the following vote: Yeas 6, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4184
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the Hays County Development District No. 1.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. Section 1, Chapter 1503, Acts of the 77th
14	8		Legislature, Regular Session, 2001, is amended by amending
15	9		Subsections (a) and (c) and adding Subsections (d) and (e) to read
16	10		as follows:
17	11		(a) The legislature finds that the creation of Hays County
18	12		Development District No. 1 (the "district"), [and] the project
19	13		approved by the Hays County Commissioners Court on January 11, 2000
20	14		(the "project"), and other projects described by Section 5A will
21	15		serve the public purpose of attracting visitors and tourists to
22	16		Hays County and will result in employment and economic activity in
23	17		the manner contemplated by Section 52-a, Article III, Texas
24	18		Constitution, and Chapter 383, Local Government Code.
25	19		(c) The legislature further finds that the creation and
26	20		operation of the district and the acquisition or financing of the
27	21		project or another project described by Section 5A by the district
28	22		serve the purpose of Section 59, Article XVI, and Section 52,
29	23		Article III, Texas Constitution, and that all steps necessary to
30	24		create the district have been taken.
31	25		(d) The legislature further finds that the creation and
32	26		continued operation of the district is essential to accomplish the
33	27		purposes of Sections 52 and 52-a, Article III, and Section 59,
34	28		Article XVI, Texas Constitution, and other public purposes stated
35	29		in this Act.
36	30		(e) A legislative finding made under this Act is conclusive
37	31		and the district is not required to offer proof of the purpose or
38	32		results before exercising a power granted by this Act.
39	33		SECTION 2. Section 5, Chapter 1503, Acts of the 77th
40	34		Legislature, Regular Session, 2001, is amended to read as follows:
41	35		Sec. 5. POWERS. (a) The district has all of the rights,
42	36		powers, privileges, authority, functions, and duties provided by
43	37		Chapters 375 and 383, Local Government Code, to county development
44	38		districts and municipal management districts, and by Chapters 49
45	39		and 54, Water Code, to municipal utility districts.
46	40		(b) The district's rights, powers, privileges, authority,
47	41		functions, and duties include, [including] but are not limited to:
48	42		(1) the authority to levy, assess, and collect ad
49	43		valorem taxes for the purposes approved at the elections conducted
50	44		on November 7, 2000, or at an election conducted in the district
51	45		after that date;
52	46		(2) the authority, after approval by voters at an
53	47		election conducted within the boundaries of the district, to levy,
54	48		assess and collect taxes for maintenance and operating purposes in
55	49		the manner set forth in Sections 49.107(a)-(e), Water Code, and for
56	50		the repayment of bonds, notes, warrants, lease purchase agreements,
57	51		certificates of assessment, certificates of participation in lease
58	52		purchase agreements, and other interest-bearing obligations in the
59	53		manner set forth in Sections 49.106(a)-(d), Water Code, and for all
60	54		of the purposes for which the district may expend funds;
61	55		(3) to establish, levy, and collect special
62	56		assessments in the manner specified in Sections 375.111-375.124,
63	57		Local Government Code; provided, however, that Sections
64	58		375.161-375.163, Local Government Code, shall not apply to the
65	59		assessments imposed by the district;
66	60		(4) to utilize funds, whether the funds are derived
67	61		from ad valorem taxes, sales and use taxes, hotel occupancy taxes,
68	62		assessments, revenues from the project, or any other source, for
69	63		payment of projects or services in the manner authorized by
70	64		Section 375.181, Local Government Code, [and] Chapter 383, Local
71	65		Government Code, and Chapter 54, Water Code;
72	66		(5) to enter into obligations, including, but not
73	67		limited to, lease purchase agreements, certificates of
74	68		participation in lease purchase agreements, general obligation
75	69		bonds and notes and revenue bonds and notes, and combination
76	70		general obligation and revenue bonds and notes and other
77	71		interest-bearing obligations, in the manner specified in Sections
78	72		375.201-375.205 [375.201-375.204], Local Government Code. To
79	73		enter into these obligations, the district shall obtain only those
80	74		approvals required for the issuance of obligations by Hays County
81	75		by Chapter 53, Acts of the 70th Legislature, Second Called Session,
82	76		1987;
83	77		(6) to adopt and exercise the rights, powers, and
84	78		authority of a road district under Section 52(b)(3), Article III,
85	79		Texas Constitution, in the manner specified in Sections 53.029(c)
86	80		and (d), Water Code;
87	81		(7) to levy, assess, and collect ad valorem taxes to
88	82		make payments on a contract under Sections 49.108(a)-(d), Water
89	83		Code, after obtaining those approvals specified in Section 1,
90	84		Chapter 778, Acts of the 74th Legislature, Regular Session, 1995;
91	85		(8) to exercise all of the rights, powers, and
92	86		authority of a [road district, a municipal management district, and
93	87		a] water control and improvement district which are not
94	88		specifically contradicted by Chapter 383, Local Government Code;
95	89		and
96	90		(9) to exercise all of the rights, powers, and
97	91		authority granted to the district by this Act, and all of the
98	92		rights, powers, and authority granted to the district by Chapters
99	93		383 and 375, Local Government Code, and to a municipal utility
100	94		district by Chapters 49 and 54, Water Code, which are not contrary
101	95		to [any provisions of] this Act, to finance, construct, or
102	96		otherwise acquire the project, [or] any element of the project, or
103	97		another project described by Section 5A [identified in the
104	98		Commissioners Court Order Upon Hearing and Granting Petition
105	99		Requesting the Creation of Hays County Development District No. 1
106	100		and Appointing Temporary Directors dated January 11, 2000],
107	101		including, but not limited to, a [the] hotel, a [the] golf course,
108	102		[the] water, sewer, drainage, and road improvements, [the]
109	103		organizational costs, and [the] costs of issuance of the
110	104		obligations of the district.
111	105		SECTION 3. Chapter 1503, Acts of the 77th Legislature,
112	106		Regular Session, 2001, is amended by adding Sections 5A, 5B, and 5C
113	107		to read as follows:
114	108		Sec. 5A. DISTRICT PROJECTS. (a) The district may provide,
115	109		or it may contract with a governmental or private entity to provide,
116	110		the following types of projects or activities in support of or
117	111		incidental to those projects:
118	112		(1) the project approved by the Hays County
119	113		Commissioners Court on January 11, 2000, wholly or partly;
120	114		(2) an improvement project that is a public
121	115		improvement, facility, or service that may be provided by the
122	116		district under the powers granted to the district of a county
123	117		development district, municipal management district, municipal
124	118		utility district, or water control and improvement district,
125	119		including a water, wastewater, reclamation, drainage, road, trail,
126	120		or bridge improvement; or
127	121		(3) a project, other than the project or an
128	122		improvement project described by Subdivision (2), that is approved
129	123		by the board and that the district is authorized to provide under
130	124		the powers granted to the district by this Act.
131	125		(b) A project, improvement, facility, or service described
132	126		by Subsection (a)(2) or (3) is not required to have been considered
133	127		for or included in an order issued by the Hays County Commissioners
134	128		Court on January 11, 2000.
135	129		Sec. 5B. ROAD STANDARDS AND REQUIREMENTS. (a) A road
136	130		project must meet all applicable construction standards, zoning and
137	131		subdivision requirements, and regulations of each municipality in
138	132		whose corporate limits or extraterritorial jurisdiction the road
139	133		project is located.
140	134		(b) If a road project is not located in the corporate limits
141	135		or extraterritorial jurisdiction of a municipality, the road
142	136		project must meet all applicable construction standards,
143	137		subdivision requirements, and regulations of each county in which
144	138		the road project is located.
145	139		(c) If the state will maintain and operate the road, the
146	140		Texas Transportation Commission must approve the plans and
147	141		specifications of the road project.
148	142		Sec. 5C. LIMIT ON EMINENT DOMAIN POWER. The district may
149	143		not exercise the power of eminent domain outside the district and in
150	144		the corporate limits or extraterritorial jurisdiction of a
151	145		municipality unless the governing body of the municipality consents
152	146		by ordinance or resolution.
153	147		SECTION 4. Section 7, Chapter 1503, Acts of the 77th
154	148		Legislature, Regular Session, 2001, is amended by adding Subsection
155	149		(f) to read as follows:
156	150		(f) Section 375.070, Local Government Code, does not apply
157	151		to the district. A director is entitled to receive fees of office
158	152		and reimbursement for actual expenses as provided by Section
159	153		49.060, Water Code, except that:
160	154		(1) a director is entitled to receive fees of office of
161	155		not more than $200 a day for each day the director actually spends
162	156		performing the duties of a director; and
163	157		(2) the district may not set the annual limit on the
164	158		fees of office that a director may receive at an amount greater than
165	159		$8,200.
166	160		SECTION 5. Section 8, Chapter 1503, Acts of the 77th
167	161		Legislature, Regular Session, 2001, is amended to read as follows:
168	162		Sec. 8. LEGISLATIVE FINDINGS. [The legislature finds that
169	163		the principal function of the district is to provide for
170	164		development and operation of the project, to facilitate economic
171	165		development, and to attract visitors and tourists, which will
172	166		result in employment and economic activity in Hays County.] The
173	167		legislature finds that the district may provide water and sewer,
174	168		landscaping, road, drainage, and reclamation services to
175	169		residential retail or commercial customers in the district. The
176	170		district is a district described in Section 49.181(h)(4), Water
177	171		Code.
178	172		SECTION 6. Section 9, Chapter 1503, Acts of the 77th
179	173		Legislature, Regular Session, 2001, is amended to read as follows:
180	174		Sec. 9. ADDITION AND EXCLUSION OF LANDS. (a) Except as
181	175		provided by Subsection (b), in [In] addition to the authority
182	176		granted to the district by Section 383.084, Local Government Code,
183	177		the district may add lands in the manner provided by Section 49.301,
184	178		Water Code, and may exclude lands in the methods provided by
185	179		Sections 49.303 through 49.308, Water Code.
186	180		(b) Section 42.0425, Local Government Code, applies to the
187	181		annexation of land in the extraterritorial jurisdiction or
188	182		corporate boundaries of a municipality.
189	183		(c) Land added or annexed under this section is not required
190	184		to be contiguous to the district's territory.
191	185		SECTION 7. This Act does not affect an agreement between the
192	186		district and a municipality in whose corporate limits or
193	187		extraterritorial jurisdiction the district is located that was
194	188		entered into before the effective date of this Act. This section
195	189		does not affect the authority of the district and municipality to
196	190		amend such an agreement.
197	191		SECTION 8. (a) The legislature confirms and validates all
198	192		actions of the Hays County Development District No. 1 that were
199	193		taken before the effective date of this Act, including any
200	194		elections conducted by the district, including any election to
201	195		impose maintenance and operation taxes or to adopt the powers of a
202	196		road district.
203	197		(b) The Hays County Development District No. 1 is not
204	198		required to repeat an election described by Subsection (a) of this
205	199		section.
206	200		SECTION 9. (a) The legal notice of the intention to
207	201		introduce this Act, setting forth the general substance of this
208	202		Act, has been published as provided by law, and the notice and a
209	203		copy of this Act have been furnished to all persons, agencies,
210	204		officials, or entities to which they are required to be furnished
211	205		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
212	206		Government Code.
213	207		(b) The Texas Commission on Environmental Quality has filed
214	208		its recommendations relating to this Act with the governor, the
215	209		lieutenant governor, and the speaker of the house of
216	210		representatives within the required time.
217	211		(c) All requirements of the constitution and laws of this
218	212		state and the rules and procedures of the legislature with respect
219	213		to the notice, introduction, and passage of this Act are fulfilled
220	214		and accomplished.
221	215		SECTION 10. This Act takes effect immediately if it
222	216		receives a vote of two-thirds of all the members elected to each
223	217		house, as provided by Section 39, Article III, Texas Constitution.
224	218		If this Act does not receive the vote necessary for immediate
225	219		effect, this Act takes effect September 1, 2015.
226		-	* * * * *
	220	+	______________________________ ______________________________
	221	+	President of the Senate Speaker of the House
	222	+	I certify that H.B. No. 4184 was passed by the House on May
	223	+	15, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	224	+	voting.
	225	+	______________________________
	226	+	Chief Clerk of the House
	227	+	I certify that H.B. No. 4184 was passed by the Senate on May
	228	+	27, 2015, by the following vote: Yeas 30, Nays 1.
	229	+	______________________________
	230	+	Secretary of the Senate
	231	+	APPROVED: _____________________
	232	+	Date
	233	+	_____________________
	234	+	Governor