Texas 2015 - 84th Regular

Texas Senate Bill SB839 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Garcia S.B. No. 839
2		-	(Dutton)
	1	+	S.B. No. 839
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the Generation Park Management District.
8	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	7		SECTION 1. Section 3916.002, Special District Local Laws
10	8		Code, is amended to read as follows:
11	9		Sec. 3916.002. CREATION AND NATURE OF DISTRICT; IMMUNITY.
12	10		(a) The Generation Park Management District is a special district
13	11		created under Section 59, Article XVI, Texas Constitution.
14	12		(b) The district is a governmental unit under Chapter 101,
15	13		Civil Practice and Remedies Code, and the operations of the
16	14		district are essential government functions and are not proprietary
17	15		functions for any purpose, including the application of Chapter
18	16		101, Civil Practice and Remedies Code.
19	17		(c) This chapter does not waive any governmental or
20	18		sovereign immunity from suit, liability, or judgment applicable to
21	19		the district.
22	20		SECTION 2. Section 3916.006, Special District Local Laws
23	21		Code, is amended by amending Subsection (d) and adding Subsection
24	22		(f) to read as follows:
25	23		(d) The district will:
26	24		(1) promote the health, safety, and general welfare of
27	25		residents, employers, potential employees, employees, visitors,
28	26		and consumers in the district, and of the public;
29	27		(2) provide needed funding for the district to
30	28		preserve, maintain, and enhance the economic health and vitality of
31	29		the district territory as a community and business center;
32	30		(3) promote the health, safety, welfare, and enjoyment
33	31		of the public by providing pedestrian ways, road facilities,
34	32		transit facilities, parking facilities, conduit facilities, rail
35	33		facilities and other enhanced infrastructure, [and] recreational
36	34		facilities, and public art and by landscaping and developing
37	35		certain areas, which are necessary for the restoration,
38	36		preservation, and enhancement of scenic and aesthetic beauty; and
39	37		(4) provide for water, wastewater, and drainage[,
40	38		road, rail, and recreational] facilities for the district.
41	39		(f) The district will not act as the agent or
42	40		instrumentality of any private interest even though the district
43	41		will benefit many private interests as well as the public.
44	42		SECTION 3. Section 3916.008, Special District Local Laws
45	43		Code, is amended to read as follows:
46	44		Sec. 3916.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
47	45		All or any part of the area of the district is eligible to be
48	46		included in one or more of the following:
49	47		(1) a tax increment reinvestment zone created under
50	48		Chapter 311, Tax Code;
51	49		(2) a tax abatement reinvestment zone created under
52	50		Chapter 312, Tax Code;
53	51		(3) an enterprise zone created under Chapter 2303,
54	52		Government Code;
55	53		(4) a foreign trade zone created under Chapter 681,
56	54		Business & Commerce Code; or
57	55		(5) an industrial district created under Chapter 42,
58	56		Local Government Code.
59	57		SECTION 4. Section 3916.011, Special District Local Laws
60	58		Code, is amended to read as follows:
61	59		Sec. 3916.011. CONFLICTS OF LAW. This chapter prevails
62	60		over any provision of general law, including a provision of Chapter
63	61		375, Local Government Code, or Chapter 49, Water Code, that is in
64	62		conflict or inconsistent with this chapter.
65	63		SECTION 5. Subchapter B, Chapter 3916, Special District
66	64		Local Laws Code, is amended by adding Section 3916.054 to read as
67	65		follows:
68	66		Sec. 3916.054. DISQUALIFICATION OF DIRECTORS. Section
69	67		49.052, Water Code, applies to the district.
70	68		SECTION 6. Section 3916.103, Special District Local Laws
71	69		Code, is amended to read as follows:
72	70		Sec. 3916.103. RECREATIONAL FACILITIES. The district may
73	71		develop or finance recreational facilities as authorized by Chapter
74	72		375, Local Government Code, Sections 52 and 52-a, Article III,
75	73		Texas Constitution, Section 59, Article XVI, Texas Constitution,
76	74		and any other law that applies to the district.
77	75		SECTION 7. Section 3916.104, Special District Local Laws
78	76		Code, is amended to read as follows:
79	77		Sec. 3916.104. AUTHORITY FOR ROAD PROJECTS. Under Section
80	78		52, Article III, Texas Constitution, the district may own, operate,
81	79		maintain, design, acquire, construct, finance, issue bonds, notes,
82	80		or other obligations for, and improve[, and convey to this state, a
83	81		county, or a municipality for operation and maintenance]
84	82		macadamized, graveled, or paved roads or improvements, including
85	83		storm drainage and other improvements located in or adjacent to
86	84		road rights-of-way, in aid of those roads.
87	85		SECTION 8. Sections 3916.105(a) and (b), Special District
88	86		Local Laws Code, are amended to read as follows:
89	87		(a) The district may [shall] convey a road project
90	88		authorized by Section 3916.104 to:
91	89		(1) the municipality or county that will operate and
92	90		maintain the road if the municipality or county has approved the
93	91		plans and specifications of the road project; or
94	92		(2) the state if the state will operate and maintain
95	93		the road and the Texas Transportation Commission has approved the
96	94		plans and specifications of the road project.
97	95		(b) Except as provided by Subsection (c), the district shall
98	96		operate and maintain a road project authorized by Section 3916.104
99	97		that the district implements and does [is] not convey to [approved
100	98		by] a municipality, a county, or this state under Subsection (a).
101	99		SECTION 9. Section 3916.110, Special District Local Laws
102	100		Code, is amended to read as follows:
103	101		Sec. 3916.110. LAW ENFORCEMENT SERVICES. Section 49.216,
104	102		Water Code, applies to the district [To protect the public
105	103		interest, the district may contract with a qualified party,
106	104		including the county or the city, to provide law enforcement
107	105		services in the district for a separate fee or as otherwise provided
108	106		by the contract].
109	107		SECTION 10. Section 3916.116(a), Special District Local
110	108		Laws Code, is amended to read as follows:
111	109		(a) Subchapter I, Chapter 49, Water Code, applies to a
112	110		district contract for construction work, equipment, materials, or
113	111		machinery. Notwithstanding the limitations and requirements of
114	112		Sections 2269.003(a) and 2269.352, Government Code, the [The]
115	113		district may use any [a] project delivery method described by
116	114		Subchapter I, Chapter 49, Water Code, or Chapter 2269 [2267],
117	115		Government Code, including a delivery method described by
118	116		Subchapter H, Chapter 2269, Government Code.
119	117		SECTION 11. Subchapter C, Chapter 3916, Special District
120	118		Local Laws Code, is amended by adding Section 3916.119 to read as
121	119		follows:
122	120		Sec. 3916.119. FIREFIGHTING AND EMERGENCY MEDICAL
123	121		SERVICES. (a) Subchapter L, Chapter 49, Water Code, applies to
124	122		the district.
125	123		(b) Except as provided in Subsection (c) and subject to
126	124		Subsection (d), the district has the same rights and powers as a
127	125		municipality annexing territory in a district that provides
128	126		firefighting or emergency medical services to cause all or part of
129	127		the territory in the district to be removed from a district
130	128		providing firefighting or emergency medical services.
131	129		(c) The district may cause the removal of territory under
132	130		Subsection (b) whether or not that territory was originally
133	131		included in or subsequently annexed into the district.
134	132		(d) The district's right to cause the removal of territory
135	133		under this section shall be subject to a mutually satisfactory
136	134		agreement under Chapter 791, Government Code, or other applicable
137	135		law, between the district and a district that provides firefighting
138	136		or emergency medical services from which the territory will be
139	137		removed, which may include terms for the payment of funds from
140	138		current revenues of the district for the continued provision of
141	139		firefighting or emergency medical services or such other lawful
142	140		terms that the parties consider appropriate.
143	141		(e) The removal of territory under this section does not
144	142		diminish or impair the rights of the holders of any outstanding and
145	143		unpaid bonds, warrants, or other obligations, including loans and
146	144		lease-purchase agreements, of the district from which the territory
147	145		was removed.
148	146		SECTION 12. Section 3916.153, Special District Local Laws
149	147		Code, is amended to read as follows:
150	148		Sec. 3916.153. RULES. (a) The district has the general
151	149		power and duty to adopt and enforce rules as provided by Section
152	150		375.096(c), Local Government Code.
153	151		(b) The district may adopt and enforce rules covering its
154	152		public transit system or its public parking facilities, except that
155	153		a rule relating to or affecting the use of the public right-of-way
156	154		or a requirement for off-street parking is subject to all
157	155		applicable county requirements.
158	156		SECTION 13. Section 3916.351, Special District Local Laws
159	157		Code, is amended to read as follows:
160	158		Sec. 3916.351. DISSOLUTION OF DISTRICT [WITH OUTSTANDING
161	159		DEBT]. Notwithstanding Section 375.263(b), Local Government Code,
162	160		on dissolution of the district, the board shall determine whether
163	161		the district's assets will escheat to the state or are transferred
164	162		to a political subdivision of the state. [(a) The board may
165	163		dissolve the district regardless of whether the district has debt.
166	164		Section 375.264, Local Government Code, does not apply to the
167	165		district.
168	166		[(b) If the district has debt when it is dissolved, the
169	167		district shall remain in existence solely for the purpose of
170	168		discharging its debts. The dissolution is effective when all debts
171	169		have been discharged.]
172	170		SECTION 14. The change in law made by Section 3916.054,
173	171		Special District Local Laws Code, as added by this Act, does not
174	172		affect the entitlement of a member serving on the board of directors
175	173		of the Generation Park Management District immediately before the
176	174		effective date of this Act to continue to carry out the board's
177	175		functions for the remainder of the member's term. The change in law
178	176		applies only to a member elected on or after the effective date of
179	177		this Act.
180	178		SECTION 15. (a) The legal notice of the intention to
181	179		introduce this Act, setting forth the general substance of this
182	180		Act, has been published as provided by law, and the notice and a
183	181		copy of this Act have been furnished to all persons, agencies,
184	182		officials, or entities to which they are required to be furnished
185	183		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
186	184		Government Code.
187	185		(b) The governor, one of the required recipients, has
188	186		submitted the notice and Act to the Texas Commission on
189	187		Environmental Quality.
190	188		(c) The Texas Commission on Environmental Quality has filed
191	189		its recommendations relating to this Act with the governor, the
192	190		lieutenant governor, and the speaker of the house of
193	191		representatives within the required time.
194	192		(d) All requirements of the constitution and laws of this
195	193		state and the rules and procedures of the legislature with respect
196	194		to the notice, introduction, and passage of this Act are fulfilled
197	195		and accomplished.
198	196		SECTION 16. This Act takes effect immediately if it
199	197		receives a vote of two-thirds of all the members elected to each
200	198		house, as provided by Section 39, Article III, Texas Constitution.
201	199		If this Act does not receive the vote necessary for immediate
202	200		effect, this Act takes effect September 1, 2015.
	201	+	______________________________ ______________________________
	202	+	President of the Senate Speaker of the House
	203	+	I hereby certify that S.B. No. 839 passed the Senate on
	204	+	May 6, 2015, by the following vote: Yeas 29, Nays 2.
	205	+	______________________________
	206	+	Secretary of the Senate
	207	+	I hereby certify that S.B. No. 839 passed the House on
	208	+	May 15, 2015, by the following vote: Yeas 138, Nays 1, two
	209	+	present not voting.
	210	+	______________________________
	211	+	Chief Clerk of the House
	212	+	Approved:
	213	+	______________________________
	214	+	Date
	215	+	______________________________
	216	+	Governor