Texas 2015 - 84th Regular

Texas Senate Bill SB2022 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Campbell S.B. No. 2022
2	2	(In the Senate - Filed March 30, 2015; April 1, 2015, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 18, 2015, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	May 18, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 2022 By: Campbell
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the Driftwood Economic Development Municipal
14	14	Management District.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 3858.052, Special District Local Laws
17	17	Code, is amended to read as follows:
18	18	Sec. 3858.052. APPOINTMENT OF DIRECTORS. The board
19	19	consists of the following directors:
20	20	(1) Position 1: a person appointed by the
21	21	commissioners court;
22	22	(2) Position 2: a person appointed by the
23	23	commissioners court;
24	24	(3) Position 3: a person appointed by the city
25	25	council;
26	26	(4) Position 4: a person appointed by the city
27	27	council; and
28	28	(5) Position 5: a person appointed by the
29	29	commissioners court, who must be the individual, the designee of
30	30	the individual, or the designee of the entity that [who] owns more
31	31	property in the district than any other individual or entity,
32	32	except that if the commissioners court is unable to identify a
33	33	qualified person [qualified for Position 5] who is willing and able
34	34	to serve, the commissioners court shall appoint to the place a
35	35	person who is:
36	36	(A) at least 18 years old; and
37	37	(B) a resident of this state.
38	38	SECTION 2. Subchapter B, Chapter 3858, Special District
39	39	Local Laws Code, is amended by adding Section 3858.057 to read as
40	40	follows:
41	41	Sec. 3858.057. QUALIFICATIONS OF DIRECTORS; PARTICIPATION
42	42	IN VOTING. (a) Sections 375.063 and 375.072, Local Government
43	43	Code, do not apply to a director.
44	44	(b) An official or employee of a public entity may serve on
45	45	the board. The common law doctrine of incompatibility does not
46	46	disqualify an official or employee of a public entity from serving
47	47	as a director.
48	48	(c) A person appointed to serve on the board under this
49	49	chapter is qualified to serve as a director and participate in all
50	50	votes pertaining to the business of the district regardless of any
51	51	other statutory provision to the contrary.
52	52	(d) A director may participate in discussion and vote on an
53	53	action even if the director is an official or employee of a public
54	54	entity and the action relates to assessments on or contracts with
55	55	the public entity.
56	56	SECTION 3. Section 3858.102(a), Special District Local Laws
57	57	Code, is amended to read as follows:
58	58	(a) The district may provide, or it may enter into contracts
59	59	with a governmental or private entity to provide, the following
60	60	types of improvement projects or services or activities in support
61	61	of or incidental to those projects or services:
62	62	(1) the planning, design, construction, improvement,
63	63	operation, and maintenance of:
64	64	(A) irrigation facilities and landscaping;
65	65	(B) highway right-of-way or transit corridor
66	66	beautification and improvement;
67	67	(C) lighting, banners, and signs;
68	68	(D) a street or sidewalk;
69	69	(E) a hiking or cycling path or trail;
70	70	(F) a park, lake, garden, recreational facility,
71	71	sports facility, open space, scenic area, animal habitat, or
72	72	related exhibit or preserve;
73	73	(G) a fountain, plaza, or pedestrian mall;
74	74	(H) a drainage or storm-water detention
75	75	improvement;
76	76	(I) a wastewater treatment and disposal
77	77	facility;
78	78	(J) water, wastewater, or drainage facilities or
79	79	services;
80	80	(K) a water quality protection facility;
81	81	(L) [(K)] a facility to enhance groundwater
82	82	recharge, including a rainwater collection and harvesting system;
83	83	(M) [(L)] an alternative energy facility; or
84	84	(N) [(M)] solid waste management services,
85	85	including garbage collection, recycling, and composting;
86	86	(2) the planning, design, construction, acquisition,
87	87	lease, rental, improvement, maintenance, installation, and
88	88	management of and provision of furnishings for a facility for:
89	89	(A) a conference, convention, or exhibition;
90	90	(B) a manufacturer, consumer, or trade show;
91	91	(C) a civic, community, or institutional event;
92	92	or
93	93	(D) an exhibit, display, attraction, special
94	94	event, or seasonal or cultural celebration or holiday; or
95	95	(3) a special or supplemental service for the
96	96	improvement and promotion of the district or for the protection of
97	97	public health and safety in the district, including:
98	98	(A) advertising;
99	99	(B) promotion;
100	100	(C) tourism;
101	101	(D) health and sanitation;
102	102	(E) public safety;
103	103	(F) security;
104	104	(G) fire protection or emergency medical
105	105	services;
106	106	(H) business recruitment;
107	107	(I) development;
108	108	(J) elimination of traffic congestion;
109	109	(K) recreational, educational, or cultural
110	110	improvements, enhancements, and services; [or]
111	111	(L) water, wastewater, or drainage facilities or
112	112	services; or
113	113	(M) any similar public improvement, facility, or
114	114	service.
115	115	SECTION 4. Subchapter C, Chapter 3858, Special District
116	116	Local Laws Code, is amended by adding Section 3858.1025 to read as
117	117	follows:
118	118	Sec. 3858.1025. ECONOMIC DEVELOPMENT. (a) The district
119	119	may engage in activities that accomplish the economic development
120	120	purposes of the district.
121	121	(b) The district may establish and provide for the
122	122	administration of one or more programs to promote state or local
123	123	economic development and to stimulate business and commercial
124	124	activity in the district, including programs to:
125	125	(1) make loans and grants of public money; and
126	126	(2) provide district personnel and services.
127	127	(c) The district may create economic development programs
128	128	and exercise the economic development powers that Chapter 380,
129	129	Local Government Code, provides to a municipality.
130	130	SECTION 5. Section 3858.104(a), Special District Local Laws
131	131	Code, is amended to read as follows:
132	132	(a) The district may adopt and enforce rules:
133	133	(1) to administer or operate the district or any
134	134	service provided by the district;
135	135	(2) for the use, enjoyment, availability, protection,
136	136	security, and maintenance of the district's property and
137	137	facilities; or
138	138	(3) to provide for public safety and security in the
139	139	district.
140	140	SECTION 6. This Act takes effect September 1, 2015.
141	141	* * * * *