Texas 2015 - 84th Regular

Texas Senate Bill SB1362 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst S.B. No. 1362
2		-	(Schofield)
	1	+	S.B. No. 1362
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the powers and duties and composition of the board of
8	6		directors of the Bridgeland Management District.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 3901.002, Special District Local Laws
11	9		Code, is amended to read as follows:
12	10		Sec. 3901.002. CREATION AND NATURE OF DISTRICT; IMMUNITY.
13	11		(a) The district is a special district created under Section 59,
14	12		Article XVI, Texas Constitution.
15	13		(b) The district is a governmental unit, as provided by
16	14		Section 375.004, Local Government Code.
17	15		(c) This chapter does not waive any governmental or
18	16		sovereign immunity from suit, liability, or judgment that would
19	17		otherwise apply to the district.
20	18		SECTION 2. Section 3901.006(d), Special District Local Laws
21	19		Code, is amended to read as follows:
22	20		(d) The district will:
23	21		(1) promote the health, safety, and general welfare of
24	22		residents, employers, potential employees, employees, visitors,
25	23		and consumers in the district, and of the public;
26	24		(2) provide needed funding for the district to
27	25		preserve, maintain, and enhance the economic health and vitality of
28	26		the district territory as a community and business center; and
29	27		(3) promote the health, safety, welfare, and enjoyment
30	28		of the public by providing pedestrian ways, road facilities,
31	29		transit facilities, parking facilities, conduit facilities and
32	30		other enhanced infrastructure, recreational facilities, and public
33	31		art objects and by landscaping and developing certain areas, which
34	32		are necessary for the restoration, preservation, and enhancement of
35	33		scenic beauty.
36	34		SECTION 3. Section 3901.008, Special District Local Laws
37	35		Code, is amended to read as follows:
38	36		Sec. 3901.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
39	37		All or any part of the area of the district is eligible to be
40	38		included in one or more of the following:
41	39		(1) a tax increment reinvestment zone created under
42	40		Chapter 311, Tax Code;
43	41		(2) a tax abatement reinvestment zone created under
44	42		Chapter 312, Tax Code;
45	43		(3) an enterprise zone created under Chapter 2303,
46	44		Government Code; or
47	45		(4) an industrial district created under Chapter 42,
48	46		Local Government Code.
49	47		SECTION 4. Section 3901.011, Special District Local Laws
50	48		Code, is amended to read as follows:
51	49		Sec. 3901.011. CONFLICTS OF LAW. This chapter prevails
52	50		over any provision of general law, including a provision of Chapter
53	51		375, Local Government Code, or Chapter 49, Water Code, that is in
54	52		conflict or inconsistent with this chapter.
55	53		SECTION 5. Subchapter B, Chapter 3901, Special District
56	54		Local Laws Code, is amended by adding Section 3901.054 to read as
57	55		follows:
58	56		Sec. 3901.054. DISQUALIFICATION OF DIRECTORS. Section
59	57		49.052, Water Code, applies to the members of the board of the
60	58		district.
61	59		SECTION 6. Section 3901.103, Special District Local Laws
62	60		Code, is amended to read as follows:
63	61		Sec. 3901.103. RECREATIONAL FACILITIES. The district may
64	62		develop or finance recreational facilities as authorized by Chapter
65	63		375, Local Government Code, Sections 52 and 52-a, Article III,
66	64		Texas Constitution, Section 59, Article XVI, Texas Constitution,
67	65		and any other law that applies to the district.
68	66		SECTION 7. Section 3901.104, Special District Local Laws
69	67		Code, is amended to read as follows:
70	68		Sec. 3901.104. AUTHORITY FOR ROAD PROJECTS. Under Section
71	69		52, Article III, Texas Constitution, the district may own, operate,
72	70		maintain, design, acquire, construct, finance, issue bonds, notes,
73	71		or other obligations for, improve, and convey to this state, a
74	72		county, or a municipality, for ownership, operation, and
75	73		maintenance, macadamized, graveled, or paved roads or
76	74		improvements, including storm drainage, in aid of those roads.
77	75		SECTION 8. Sections 3901.105(a) and (b), Special District
78	76		Local Laws Code, are amended to read as follows:
79	77		(a) The district may [shall] convey a road project
80	78		authorized by Section 3901.104 to:
81	79		(1) a [the] municipality or county that will operate
82	80		and maintain the road if the municipality or county has approved the
83	81		plans and specifications of the road project; or
84	82		(2) the state if the state will operate and maintain
85	83		the road and the Texas Transportation Commission has approved the
86	84		plans and specifications of the road project.
87	85		(b) Except as provided by Subsection (c), the district shall
88	86		operate and maintain a road project authorized by Section 3901.104
89	87		that the district implements and does [is] not convey to [approved
90	88		by] a municipality, a county, or this state under Subsection (a).
91	89		SECTION 9. Section 3901.109, Special District Local Laws
92	90		Code, is amended to read as follows:
93	91		Sec. 3901.109. LAW ENFORCEMENT SERVICES. Section 49.216,
94	92		Water Code, applies to the district [To protect the public
95	93		interest, the district may contract with a qualified party,
96	94		including the county or the city, to provide law enforcement
97	95		services in the district].
98	96		SECTION 10. Section 3901.114, Special District Local Laws
99	97		Code, is amended by amending Subsection (c) and adding Subsections
100	98		(d) and (e) to read as follows:
101	99		(c) The district may include and exclude land as provided by
102	100		Sections 54.739-54.747, Water Code. A reference in those sections
103	101		to a "tax" means an ad valorem tax for the purposes of this
104	102		subsection.
105	103		(d) If the district adopts a sales and use tax authorized at
106	104		an election held under Section 3901.252 and subsequently includes
107	105		new territory in the district under this section, the district:
108	106		(1) is not required to hold another election to
109	107		approve the imposition of the sales and use tax in the included
110	108		territory; and
111	109		(2) shall impose the sales and use tax in the included
112	110		territory as provided by Chapter 321, Tax Code.
113	111		(e) If the district adopts a sales and use tax authorized at
114	112		an election held under Section 3901.252 and subsequently excludes
115	113		territory in the district under this section, the sales and use tax
116	114		is inapplicable to the excluded territory, as provided by Chapter
117	115		321, Tax Code.
118	116		SECTION 11. Section 3901.153, Special District Local Laws
119	117		Code, is amended to read as follows:
120	118		Sec. 3901.153. RULES. In addition to rules and regulations
121	119		adopted under the district's general rulemaking authority in
122	120		Section 375.096(c), Local Government Code, the [The] district may
123	121		adopt and enforce rules covering its public transit system or its
124	122		public parking facilities, except that a rule relating to or
125	123		affecting the use of the public right-of-way or a requirement for
126	124		off-street parking is subject to all applicable county
127	125		requirements.
128	126		SECTION 12. Subchapter C-1, Chapter 3901, Special District
129	127		Local Laws Code, is amended by adding Section 3901.156 to read as
130	128		follows:
131	129		Sec. 3901.156. MASS TRANSIT SYSTEMS. This subchapter does
132	130		not limit the authority of the district to provide mass transit
133	131		systems under Chapter 375, Local Government Code.
134	132		SECTION 13. Chapter 3901, Special District Local Laws Code,
135	133		is amended by adding Subchapter C-2 to read as follows:
136	134		SUBCHAPTER C-2. CONDUIT FACILITIES
137	135		Sec. 3901.171. CONDUIT FACILITIES. (a) The district may
138	136		finance, acquire, construct, improve, operate, maintain, or charge
139	137		a fee for the use of conduits for:
140	138		(1) fiber-optic cable and supporting facilities;
141	139		(2) electronic transmission and distribution lines
142	140		and supporting facilities; or
143	141		(3) other types of transmission and distribution lines
144	142		and supporting facilities.
145	143		(b) The district may not require a person to use a district
146	144		conduit for a purpose described by Subsection (a)(1) or another
147	145		telecommunications purpose.
148	146		SECTION 14. Section 3901.204(a), Special District Local
149	147		Laws Code, is amended to read as follows:
150	148		(a) The board by resolution may impose and collect an
151	149		assessment for any purpose authorized by this chapter in all or any
152	150		part of the district regardless of whether the part of the district
153	151		where the assessment is to be imposed is subject to an assessment
154	152		previously imposed by the board.
155	153		SECTION 15. Subchapter D, Chapter 3901, Special District
156	154		Local Laws Code, is amended by adding Section 3901.209 to read as
157	155		follows:
158	156		Sec. 3901.209. AUDIT EXEMPTION. (a) The district may
159	157		elect to complete an annual financial report in lieu of an annual
160	158		audit under Section 375.096(a)(6), Local Government Code, if:
161	159		(1) the district had no bonds or other long-term (more
162	160		than one year) liabilities outstanding during the fiscal period;
163	161		(2) the district did not have gross receipts from
164	162		operations, loans, taxes, assessments, or contributions in excess
165	163		of $250,000 during the fiscal period; and
166	164		(3) the district's cash and temporary investments were
167	165		not in excess of $250,000 during the fiscal period.
168	166		(b) Each annual financial report prepared in accordance
169	167		with this section must be open to public inspection and accompanied
170	168		by an affidavit signed by a duly authorized representative of the
171	169		district attesting to the accuracy and authenticity of the
172	170		financial report.
173	171		(c) The annual financial report and affidavit shall be
174	172		substantially similar in form to the annual financial report and
175	173		affidavit forms prescribed by the executive director of the Texas
176	174		Commission on Environmental Quality under Section 49.198, Water
177	175		Code.
178	176		SECTION 16. The change in law made by Section 3901.054,
179	177		Special District Local Laws Code, as added by this Act, does not
180	178		affect the entitlement of a member serving on the board of directors
181	179		of the Bridgeland Management District immediately before the
182	180		effective date of this Act to continue to carry out the board's
183	181		functions for the remainder of the member's term. The change in law
184	182		applies only to a member elected on or after the effective date of
185	183		this Act.
186	184		SECTION 17. (a) The legal notice of the intention to
187	185		introduce this Act, setting forth the general substance of this
188	186		Act, has been published as provided by law, and the notice and a
189	187		copy of this Act have been furnished to all persons, agencies,
190	188		officials, or entities to which they are required to be furnished
191	189		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
192	190		Government Code.
193	191		(b) The governor, one of the required recipients, has
194	192		submitted the notice and Act to the Texas Commission on
195	193		Environmental Quality.
196	194		(c) The Texas Commission on Environmental Quality has filed
197	195		its recommendations relating to this Act with the governor, the
198	196		lieutenant governor, and the speaker of the house of
199	197		representatives within the required time.
200	198		(d) All requirements of the constitution and laws of this
201	199		state and the rules and procedures of the legislature with respect
202	200		to the notice, introduction, and passage of this Act are fulfilled
203	201		and accomplished.
204	202		SECTION 18. This Act takes effect immediately if it
205	203		receives a vote of two-thirds of all the members elected to each
206	204		house, as provided by Section 39, Article III, Texas Constitution.
207	205		If this Act does not receive the vote necessary for immediate
208	206		effect, this Act takes effect September 1, 2015.
	207	+	______________________________ ______________________________
	208	+	President of the Senate Speaker of the House
	209	+	I hereby certify that S.B. No. 1362 passed the Senate on
	210	+	May 15, 2015, by the following vote: Yeas 30, Nays 1.
	211	+	______________________________
	212	+	Secretary of the Senate
	213	+	I hereby certify that S.B. No. 1362 passed the House on
	214	+	May 27, 2015, by the following vote: Yeas 144, Nays 0,
	215	+	two present not voting.
	216	+	______________________________
	217	+	Chief Clerk of the House
	218	+	Approved:
	219	+	______________________________
	220	+	Date
	221	+	______________________________
	222	+	Governor