Texas 2015 - 84th Regular

Texas Senate Bill SB2073 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Campbell S.B. No. 2073
2	2	(In the Senate - Filed May 6, 2015; May 7, 2015, read first
3	3	time and referred to Committee on Intergovernmental Relations;
4	4	May 18, 2015, reported favorably by the following vote: Yeas 5,
5	5	Nays 0; May 18, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the Hays County Development District No. 1.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1, Chapter 1503, Acts of the 77th
14	14	Legislature, Regular Session, 2001, is amended by amending
15	15	Subsections (a) and (c) and adding Subsections (d) and (e) to read
16	16	as follows:
17	17	(a) The legislature finds that the creation of Hays County
18	18	Development District No. 1 (the "district"), [and] the project
19	19	approved by the Hays County Commissioners Court on January 11, 2000
20	20	(the "project"), and other projects described by Section 5A will
21	21	serve the public purpose of attracting visitors and tourists to
22	22	Hays County and will result in employment and economic activity in
23	23	the manner contemplated by Section 52-a, Article III, Texas
24	24	Constitution, and Chapter 383, Local Government Code.
25	25	(c) The legislature further finds that the creation and
26	26	operation of the district and the acquisition or financing of the
27	27	project or another project described by Section 5A by the district
28	28	serve the purpose of Section 59, Article XVI, and Section 52,
29	29	Article III, Texas Constitution, and that all steps necessary to
30	30	create the district have been taken.
31	31	(d) The legislature further finds that the creation and
32	32	continued operation of the district is essential to accomplish the
33	33	purposes of Sections 52 and 52-a, Article III, and Section 59,
34	34	Article XVI, Texas Constitution, and other public purposes stated
35	35	in this Act.
36	36	(e) A legislative finding made under this Act is conclusive
37	37	and the district is not required to offer proof of the purpose or
38	38	results before exercising a power granted by this Act.
39	39	SECTION 2. Section 5, Chapter 1503, Acts of the 77th
40	40	Legislature, Regular Session, 2001, is amended to read as follows:
41	41	Sec. 5. POWERS. (a) The district has all of the rights,
42	42	powers, privileges, authority, functions, and duties provided by
43	43	Chapters 375 and 383, Local Government Code, to county development
44	44	districts and municipal management districts, and by Chapters 49
45	45	and 54, Water Code, to municipal utility districts.
46	46	(b) The district's rights, powers, privileges, authority,
47	47	functions, and duties include, [including] but are not limited to:
48	48	(1) the authority to levy, assess, and collect ad
49	49	valorem taxes for the purposes approved at the elections conducted
50	50	on November 7, 2000, or at an election conducted in the district
51	51	after that date;
52	52	(2) the authority, after approval by voters at an
53	53	election conducted within the boundaries of the district, to levy,
54	54	assess and collect taxes for maintenance and operating purposes in
55	55	the manner set forth in Sections 49.107(a)-(e), Water Code, and for
56	56	the repayment of bonds, notes, warrants, lease purchase agreements,
57	57	certificates of assessment, certificates of participation in lease
58	58	purchase agreements, and other interest-bearing obligations in the
59	59	manner set forth in Sections 49.106(a)-(d), Water Code, and for all
60	60	of the purposes for which the district may expend funds;
61	61	(3) to establish, levy, and collect special
62	62	assessments in the manner specified in Sections 375.111-375.124,
63	63	Local Government Code; provided, however, that Sections
64	64	375.161-375.163, Local Government Code, shall not apply to the
65	65	assessments imposed by the district;
66	66	(4) to utilize funds, whether the funds are derived
67	67	from ad valorem taxes, sales and use taxes, hotel occupancy taxes,
68	68	assessments, revenues from the project, or any other source, for
69	69	payment of projects or services in the manner authorized by
70	70	Section 375.181, Local Government Code, [and] Chapter 383, Local
71	71	Government Code, and Chapter 54, Water Code;
72	72	(5) to enter into obligations, including, but not
73	73	limited to, lease purchase agreements, certificates of
74	74	participation in lease purchase agreements, general obligation
75	75	bonds and notes and revenue bonds and notes, and combination
76	76	general obligation and revenue bonds and notes and other
77	77	interest-bearing obligations, in the manner specified in Sections
78	78	375.201-375.205 [375.201-375.204], Local Government Code. To
79	79	enter into these obligations, the district shall obtain only those
80	80	approvals required for the issuance of obligations by Hays County
81	81	by Chapter 53, Acts of the 70th Legislature, Second Called Session,
82	82	1987;
83	83	(6) to adopt and exercise the rights, powers, and
84	84	authority of a road district under Section 52(b)(3), Article III,
85	85	Texas Constitution, in the manner specified in Sections 53.029(c)
86	86	and (d), Water Code;
87	87	(7) to levy, assess, and collect ad valorem taxes to
88	88	make payments on a contract under Sections 49.108(a)-(d), Water
89	89	Code, after obtaining those approvals specified in Section 1,
90	90	Chapter 778, Acts of the 74th Legislature, Regular Session, 1995;
91	91	(8) to exercise all of the rights, powers, and
92	92	authority of a [road district, a municipal management district, and
93	93	a] water control and improvement district which are not
94	94	specifically contradicted by Chapter 383, Local Government Code;
95	95	and
96	96	(9) to exercise all of the rights, powers, and
97	97	authority granted to the district by this Act, and all of the
98	98	rights, powers, and authority granted to the district by Chapters
99	99	383 and 375, Local Government Code, and to a municipal utility
100	100	district by Chapters 49 and 54, Water Code, which are not contrary
101	101	to [any provisions of] this Act, to finance, construct, or
102	102	otherwise acquire the project, [or] any element of the project, or
103	103	another project described by Section 5A [identified in the
104	104	Commissioners Court Order Upon Hearing and Granting Petition
105	105	Requesting the Creation of Hays County Development District No. 1
106	106	and Appointing Temporary Directors dated January 11, 2000],
107	107	including, but not limited to, a [the] hotel, a [the] golf course,
108	108	[the] water, sewer, drainage, and road improvements, [the]
109	109	organizational costs, and [the] costs of issuance of the
110	110	obligations of the district.
111	111	SECTION 3. Chapter 1503, Acts of the 77th Legislature,
112	112	Regular Session, 2001, is amended by adding Sections 5A, 5B, and 5C
113	113	to read as follows:
114	114	Sec. 5A. DISTRICT PROJECTS. (a) The district may provide,
115	115	or it may contract with a governmental or private entity to provide,
116	116	the following types of projects or activities in support of or
117	117	incidental to those projects:
118	118	(1) the project approved by the Hays County
119	119	Commissioners Court on January 11, 2000, wholly or partly;
120	120	(2) an improvement project that is a public
121	121	improvement, facility, or service that may be provided by the
122	122	district under the powers granted to the district of a county
123	123	development district, municipal management district, municipal
124	124	utility district, or water control and improvement district,
125	125	including a water, wastewater, reclamation, drainage, road, trail,
126	126	or bridge improvement; or
127	127	(3) a project, other than the project or an
128	128	improvement project described by Subdivision (2), that is approved
129	129	by the board and that the district is authorized to provide under
130	130	the powers granted to the district by this Act.
131	131	(b) A project, improvement, facility, or service described
132	132	by Subsection (a)(2) or (3) is not required to have been considered
133	133	for or included in an order issued by the Hays County Commissioners
134	134	Court on January 11, 2000.
135	135	Sec. 5B. ROAD STANDARDS AND REQUIREMENTS. (a) A road
136	136	project must meet all applicable construction standards, zoning and
137	137	subdivision requirements, and regulations of each municipality in
138	138	whose corporate limits or extraterritorial jurisdiction the road
139	139	project is located.
140	140	(b) If a road project is not located in the corporate limits
141	141	or extraterritorial jurisdiction of a municipality, the road
142	142	project must meet all applicable construction standards,
143	143	subdivision requirements, and regulations of each county in which
144	144	the road project is located.
145	145	(c) If the state will maintain and operate the road, the
146	146	Texas Transportation Commission must approve the plans and
147	147	specifications of the road project.
148	148	Sec. 5C. LIMIT ON EMINENT DOMAIN POWER. The district may
149	149	not exercise the power of eminent domain outside the district and in
150	150	the corporate limits or extraterritorial jurisdiction of a
151	151	municipality unless the governing body of the municipality consents
152	152	by ordinance or resolution.
153	153	SECTION 4. Section 7, Chapter 1503, Acts of the 77th
154	154	Legislature, Regular Session, 2001, is amended by adding Subsection
155	155	(f) to read as follows:
156	156	(f) Section 375.070, Local Government Code, does not apply
157	157	to the district. A director is entitled to receive fees of office
158	158	and reimbursement for actual expenses as provided by Section
159	159	49.060, Water Code, except that:
160	160	(1) a director is entitled to receive fees of office of
161	161	not more than $200 a day for each day the director actually spends
162	162	performing the duties of a director; and
163	163	(2) the district may not set the annual limit on the
164	164	fees of office that a director may receive at an amount greater than
165	165	$8,200.
166	166	SECTION 5. Section 8, Chapter 1503, Acts of the 77th
167	167	Legislature, Regular Session, 2001, is amended to read as follows:
168	168	Sec. 8. LEGISLATIVE FINDINGS. [The legislature finds that
169	169	the principal function of the district is to provide for
170	170	development and operation of the project, to facilitate economic
171	171	development, and to attract visitors and tourists, which will
172	172	result in employment and economic activity in Hays County.] The
173	173	legislature finds that the district may provide water and sewer,
174	174	landscaping, road, drainage, and reclamation services to
175	175	residential retail or commercial customers in the district. The
176	176	district is a district described in Section 49.181(h)(4), Water
177	177	Code.
178	178	SECTION 6. Section 9, Chapter 1503, Acts of the 77th
179	179	Legislature, Regular Session, 2001, is amended to read as follows:
180	180	Sec. 9. ADDITION AND EXCLUSION OF LANDS. (a) Except as
181	181	provided by Subsection (b), in [In] addition to the authority
182	182	granted to the district by Section 383.084, Local Government Code,
183	183	the district may add lands in the manner provided by Section 49.301,
184	184	Water Code, and may exclude lands in the methods provided by
185	185	Sections 49.303 through 49.308, Water Code.
186	186	(b) Section 42.0425, Local Government Code, applies to the
187	187	annexation of land in the extraterritorial jurisdiction or
188	188	corporate boundaries of a municipality.
189	189	(c) Land added or annexed under this section is not required
190	190	to be contiguous to the district's territory.
191	191	SECTION 7. This Act does not affect an agreement between the
192	192	district and a municipality in whose corporate limits or
193	193	extraterritorial jurisdiction the district is located that was
194	194	entered into before the effective date of this Act. This section
195	195	does not affect the authority of the district and municipality to
196	196	amend such an agreement.
197	197	SECTION 8. (a) The legislature confirms and validates all
198	198	actions of the Hays County Development District No. 1 that were
199	199	taken before the effective date of this Act, including any
200	200	elections conducted by the district, including any election to
201	201	impose maintenance and operation taxes or to adopt the powers of a
202	202	road district.
203	203	(b) The Hays County Development District No. 1 is not
204	204	required to repeat an election described by Subsection (a) of this
205	205	section.
206	206	SECTION 9. (a) The legal notice of the intention to
207	207	introduce this Act, setting forth the general substance of this
208	208	Act, has been published as provided by law, and the notice and a
209	209	copy of this Act have been furnished to all persons, agencies,
210	210	officials, or entities to which they are required to be furnished
211	211	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
212	212	Government Code.
213	213	(b) The Texas Commission on Environmental Quality has filed
214	214	its recommendations relating to this Act with the governor, the
215	215	lieutenant governor, and the speaker of the house of
216	216	representatives within the required time.
217	217	(c) All requirements of the constitution and laws of this
218	218	state and the rules and procedures of the legislature with respect
219	219	to the notice, introduction, and passage of this Act are fulfilled
220	220	and accomplished.
221	221	SECTION 10. This Act takes effect immediately if it
222	222	receives a vote of two-thirds of all the members elected to each
223	223	house, as provided by Section 39, Article III, Texas Constitution.
224	224	If this Act does not receive the vote necessary for immediate
225	225	effect, this Act takes effect September 1, 2015.
226	226	* * * * *