By: Garcia S.B. No. 839
(Dutton)
A BILL TO BE ENTITLED
AN ACT
relating to the Generation Park Management District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3916.002, Special District Local Laws
Code, is amended to read as follows:
Sec. 3916.002. CREATION AND NATURE OF DISTRICT; IMMUNITY.
(a) The Generation Park Management District is a special district
created under Section 59, Article XVI, Texas Constitution.
(b) The district is a governmental unit under Chapter 101,
Civil Practice and Remedies Code, and the operations of the
district are essential government functions and are not proprietary
functions for any purpose, including the application of Chapter
101, Civil Practice and Remedies Code.
(c) This chapter does not waive any governmental or
sovereign immunity from suit, liability, or judgment applicable to
the district.
SECTION 2. Section 3916.006, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsection
(f) to read as follows:
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways, road facilities,
transit facilities, parking facilities, conduit facilities, rail
facilities and other enhanced infrastructure, [and] recreational
facilities, and public art and by landscaping and developing
certain areas, which are necessary for the restoration,
preservation, and enhancement of scenic and aesthetic beauty; and
(4) provide for water, wastewater, and drainage[,
road, rail, and recreational] facilities for the district.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
SECTION 3. Section 3916.008, Special District Local Laws
Code, is amended to read as follows:
Sec. 3916.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in one or more of the following:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code;
(4) a foreign trade zone created under Chapter 681,
Business & Commerce Code; or
(5) an industrial district created under Chapter 42,
Local Government Code.
SECTION 4. Section 3916.011, Special District Local Laws
Code, is amended to read as follows:
Sec. 3916.011. CONFLICTS OF LAW. This chapter prevails
over any provision of general law, including a provision of Chapter
375, Local Government Code, or Chapter 49, Water Code, that is in
conflict or inconsistent with this chapter.
SECTION 5. Subchapter B, Chapter 3916, Special District
Local Laws Code, is amended by adding Section 3916.054 to read as
follows:
Sec. 3916.054. DISQUALIFICATION OF DIRECTORS. Section
49.052, Water Code, applies to the district.
SECTION 6. Section 3916.103, Special District Local Laws
Code, is amended to read as follows:
Sec. 3916.103. RECREATIONAL FACILITIES. The district may
develop or finance recreational facilities as authorized by Chapter
375, Local Government Code, Sections 52 and 52-a, Article III,
Texas Constitution, Section 59, Article XVI, Texas Constitution,
and any other law that applies to the district.
SECTION 7. Section 3916.104, Special District Local Laws
Code, is amended to read as follows:
Sec. 3916.104. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may own, operate,
maintain, design, acquire, construct, finance, issue bonds, notes,
or other obligations for, and improve[, and convey to this state, a
county, or a municipality for operation and maintenance]
macadamized, graveled, or paved roads or improvements, including
storm drainage and other improvements located in or adjacent to
road rights-of-way, in aid of those roads.
SECTION 8. Sections 3916.105(a) and (b), Special District
Local Laws Code, are amended to read as follows:
(a) The district may [shall] convey a road project
authorized by Section 3916.104 to:
(1) the municipality or county that will operate and
maintain the road if the municipality or county has approved the
plans and specifications of the road project; or
(2) the state if the state will operate and maintain
the road and the Texas Transportation Commission has approved the
plans and specifications of the road project.
(b) Except as provided by Subsection (c), the district shall
operate and maintain a road project authorized by Section 3916.104
that the district implements and does [is] not convey to [approved
by] a municipality, a county, or this state under Subsection (a).
SECTION 9. Section 3916.110, Special District Local Laws
Code, is amended to read as follows:
Sec. 3916.110. LAW ENFORCEMENT SERVICES. Section 49.216,
Water Code, applies to the district [To protect the public
interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a separate fee or as otherwise provided
by the contract].
SECTION 10. Section 3916.116(a), Special District Local
Laws Code, is amended to read as follows:
(a) Subchapter I, Chapter 49, Water Code, applies to a
district contract for construction work, equipment, materials, or
machinery. Notwithstanding the limitations and requirements of
Sections 2269.003(a) and 2269.352, Government Code, the [The]
district may use any [a] project delivery method described by
Subchapter I, Chapter 49, Water Code, or Chapter 2269 [2267],
Government Code, including a delivery method described by
Subchapter H, Chapter 2269, Government Code.
SECTION 11. Subchapter C, Chapter 3916, Special District
Local Laws Code, is amended by adding Section 3916.119 to read as
follows:
Sec. 3916.119. FIREFIGHTING AND EMERGENCY MEDICAL
SERVICES. (a) Subchapter L, Chapter 49, Water Code, applies to
the district.
(b) Except as provided in Subsection (c) and subject to
Subsection (d), the district has the same rights and powers as a
municipality annexing territory in a district that provides
firefighting or emergency medical services to cause all or part of
the territory in the district to be removed from a district
providing firefighting or emergency medical services.
(c) The district may cause the removal of territory under
Subsection (b) whether or not that territory was originally
included in or subsequently annexed into the district.
(d) The district's right to cause the removal of territory
under this section shall be subject to a mutually satisfactory
agreement under Chapter 791, Government Code, or other applicable
law, between the district and a district that provides firefighting
or emergency medical services from which the territory will be
removed, which may include terms for the payment of funds from
current revenues of the district for the continued provision of
firefighting or emergency medical services or such other lawful
terms that the parties consider appropriate.
(e) The removal of territory under this section does not
diminish or impair the rights of the holders of any outstanding and
unpaid bonds, warrants, or other obligations, including loans and
lease-purchase agreements, of the district from which the territory
was removed.
SECTION 12. Section 3916.153, Special District Local Laws
Code, is amended to read as follows:
Sec. 3916.153. RULES. (a) The district has the general
power and duty to adopt and enforce rules as provided by Section
375.096(c), Local Government Code.
(b) The district may adopt and enforce rules covering its
public transit system or its public parking facilities, except that
a rule relating to or affecting the use of the public right-of-way
or a requirement for off-street parking is subject to all
applicable county requirements.
SECTION 13. Section 3916.351, Special District Local Laws
Code, is amended to read as follows:
Sec. 3916.351. DISSOLUTION OF DISTRICT [WITH OUTSTANDING
DEBT]. Notwithstanding Section 375.263(b), Local Government Code,
on dissolution of the district, the board shall determine whether
the district's assets will escheat to the state or are transferred
to a political subdivision of the state. [(a) The board may
dissolve the district regardless of whether the district has debt.
Section 375.264, Local Government Code, does not apply to the
district.
[(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.]
SECTION 14. The change in law made by Section 3916.054,
Special District Local Laws Code, as added by this Act, does not
affect the entitlement of a member serving on the board of directors
of the Generation Park Management District immediately before the
effective date of this Act to continue to carry out the board's
functions for the remainder of the member's term. The change in law
applies only to a member elected on or after the effective date of
this Act.
SECTION 15. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 16. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.