Texas 2017 - 85th Regular

Texas Senate Bill SB1014 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R29079 JXC-F
2		-	By: Creighton S.B. No. 1014
3		-	(Keough)
4		-	Substitute the following for S.B. No. 1014: No.
	1	+	S.B. No. 1014
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to The Woodlands Township.
10	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	7		SECTION 1. Section 8(e), Chapter 289, Acts of the 73rd
12	8		Legislature, Regular Session, 1993, is amended to read as follows:
13	9		(e) A vacancy in the office of director shall be filled by
14	10		appointment of a qualified individual by a majority vote of the
15	11		remaining directors[, except that if the number of directors for
16	12		any reason is less than four, on petition of a resident of or owner
17	13		of real property in the district, the commission shall appoint the
18	14		required number of qualified individuals to fill the vacancies].
19	15		SECTION 2. Section 11B, Chapter 289, Acts of the 73rd
20	16		Legislature, Regular Session, 1993, is amended by adding Subsection
21	17		(b) to read as follows:
22	18		(b) Notwithstanding Subsection (a) of this section, if at
23	19		least 99 percent of the territory of the district is incorporated
24	20		and the district is dissolved in the manner provided by Section 14A
25	21		of this Act, the district or municipality shall apply the proceeds
26	22		from a hotel occupancy tax imposed under Section 11A of this Act:
27	23		(1) for the purposes described by Section 351.101, Tax
28	24		Code; or
29	25		(2) as may otherwise be required in connection with
30	26		the district's debt and other obligations existing before the
31	27		incorporation to which the proceeds from a hotel occupancy tax
32	28		imposed under Section 11A of this Act have been pledged.
33	29		SECTION 3. Section 11C(p), Chapter 289, Acts of the 73rd
34	30		Legislature, Regular Session, 1993, is amended to read as follows:
35	31		(p) Sections 311.002 and 311.014 through 311.017, Tax Code,
36	32		apply to the district, except that for purposes of this subsection:
37	33		(1) a reference in those sections to a municipality
38	34		means the district and the development zone;
39	35		(2) a reference in those sections to an ordinance
40	36		means an order;
41	37		(3) a reference in those sections to a reinvestment
42	38		zone means a development zone;
43	39		(4) a reference in those sections to an agreement made
44	40		under Subsection (b), Section 311.010, Tax Code, means an agreement
45	41		made under Subsection (l) of this section;
46	42		(5) "development" means initial development;
47	43		(6) "redevelopment" means substantial redevelopment;
48	44		(7) Section 311.016, Tax Code, applies only if ad
49	45		valorem taxes are used, in whole or in part, in payment of project
50	46		costs of a development zone; and
51	47		(8) a development zone created without a duration or
52	48		date of termination may be dissolved by a two-thirds vote of the
53	49		board of directors of the district or of the governing body of a
54	50		municipality or other form of local government, other than the
55	51		development zone, succeeding to the principal assets, powers,
56	52		functions, and liabilities of the district, but only if:
57	53		(A) the development zone has no outstanding
58	54		indebtedness or other obligations; or
59	55		(B) the assets, powers, functions, and
60	56		liabilities, and any outstanding indebtedness or obligations, of
61	57		the development zone are expressly assumed by the district or the
62	58		succeeding municipality or local government.
63	59		SECTION 4. Chapter 289, Acts of the 73rd Legislature,
64	60		Regular Session, 1993, is amended by adding Section 14A to read as
65	61		follows:
66	62		Sec. 14A. INCORPORATION. (a) This section prevails over
67	63		any other provision of this Act that conflicts with or is
68	64		inconsistent with this section.
69	65		(b) Except as provided by Subsections (c) and (f) of this
70	66		section, and subject to any applicable limitations of the
71	67		constitution of this state, if the incorporation of at least 99
72	68		percent of the territory of the district and the transfer of the
73	69		rights, powers, privileges, duties, purposes, functions, and
74	70		responsibilities of the district and the district's authority to
75	71		issue bonds and impose a tax to the municipality are approved by a
76	72		majority of the voters voting in an election held for that purpose,
77	73		including an election described by Section 9(h)(2) of this Act:
78	74		(1) the assets, liabilities, obligations, rights,
79	75		powers, privileges, duties, purposes, functions, and
80	76		responsibilities of the district and the district's authority to
81	77		issue bonds and impose a tax are transferred to the municipality;
82	78		and
83	79		(2) the district is dissolved.
84	80		(c) If on the date the incorporation of the territory of the
85	81		district is approved at an election described by Subsection (b) of
86	82		this section the district owes any debt that cannot be transferred
87	83		to the municipality, the district is continued until the debt is
88	84		retired or is restructured in a manner that the debt may be
89	85		transferred to the municipality.
90	86		(d) If the conditions described by Subsection (c) of this
91	87		section are met:
92	88		(1) the board shall adopt an order certifying that the
93	89		conditions have been met; and
94	90		(2) on the effective date of the order:
95	91		(A) the assets, liabilities, obligations,
96	92		rights, powers, privileges, duties, purposes, functions, and
97	93		responsibilities of the district and the district's authority to
98	94		issue bonds and impose a tax are transferred to the municipality;
99	95		and
100	96		(B) the district is dissolved.
101	97		(e) In addition to any other restructuring methods
102	98		permitted by law, the district may restructure its outstanding debt
103	99		for the purpose of transferring the debt to the municipality by
104	100		issuing refunding bonds secured by:
105	101		(1) a limited pledge of ad valorem tax revenue not
106	102		greater than that authorized to be levied by the municipality;
107	103		(2) a pledge of one or more other sources of revenue
108	104		available to the district that are also available to the
109	105		municipality under this section or general law; or
110	106		(3) a pledge of a combination of revenues described by
111	107		Subdivisions (1) and (2) of this subsection.
112	108		(f) The transfer of assets, liabilities, obligations,
113	109		rights, powers, privileges, duties, purposes, functions, and
114	110		responsibilities of the district and the district's authority to
115	111		issue bonds and impose a tax to the municipality under this section
116	112		is effective regardless of whether the boundaries of the
117	113		municipality are coterminous with the boundaries of the district,
118	114		unless the transfer would materially impair the security for a debt
119	115		transferred to the municipality. If the transfer would materially
120	116		impair the security for a debt transferred to the municipality, the
121	117		debt must be restructured in the manner provided by this section
122	118		before the transfer may occur.
123	119		SECTION 5. Subtitle X, Title 6, Special District Local Laws
124	120		Code, is amended by adding Chapter 11011 to read as follows:
125	121		CHAPTER 11011. THE WOODLANDS TOWNSHIP
126	122		Sec. 11011.001. DEFINITION. In this chapter, "district"
127	123		means The Woodlands Township.
128	124		Sec. 11011.002. LAW GOVERNING DISTRICT. The district is
129	125		governed by this chapter and Chapter 289, Acts of the 73rd
130	126		Legislature, Regular Session, 1993.
131	127		Sec. 11011.003. DISSOLUTION OF DISTRICT. (a) If at least
132	128		99 percent of the territory of the district is incorporated and the
133	129		district is dissolved in the manner provided by Section 14A,
134	130		Chapter 289, Acts of the 73rd Legislature, Regular Session, 1993,
135	131		only the following sections of Chapter 289, Acts of the 73rd
136	132		Legislature, Regular Session, 1993, apply to the municipality in
137	133		addition to any applicable general law provisions, a reference in
138	134		those sections to the district means the municipality, and a
139	135		reference in those sections to the board or board of directors means
140	136		the governing body of the municipality:
141	137		(1) Sections 6(a) and (c);
142	138		(2) Sections 7(a), (b), (c), (e), (f), (g), (h), (i),
143	139		(j), (l), (n), (o), (p), (q), (r), (t), (u), (v), (w), (y), (z), and
144	140		(aa);
145	141		(3) Section 7H;
146	142		(4) Sections 9(h)(3), (4), and (5);
147	143		(5) Section 11;
148	144		(6) Section 11A;
149	145		(7) Section 11B;
150	146		(8) Section 11B-1;
151	147		(9) Section 11C;
152	148		(10) Sections 12A(a), (c), (d), (e), and (f); and
153	149		(11) Section 13.
154	150		(b) The remaining provisions of Chapter 289, Acts of the
155	151		73rd Legislature, Regular Session, 1993, do not apply to the
156	152		municipality after the dissolution of the district.
157	153		SECTION 6. (a) The legal notice of the intention to
158	154		introduce this Act, setting forth the general substance of this
159	155		Act, has been published as provided by law, and the notice and a
160	156		copy of this Act have been furnished to all persons, agencies,
161	157		officials, or entities to which they are required to be furnished
162	158		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
163	159		Government Code.
164	160		(b) The governor, one of the required recipients, has
165	161		submitted the notice and Act to the Texas Commission on
166	162		Environmental Quality.
167	163		(c) The Texas Commission on Environmental Quality has filed
168	164		its recommendations relating to this Act with the governor,
169	165		lieutenant governor, and speaker of the house of representatives
170	166		within the required time.
171	167		(d) The general law relating to consent by political
172	168		subdivisions to the creation of districts with conservation,
173	169		reclamation, and road powers and the inclusion of land in those
174	170		districts has been complied with.
175	171		(e) All requirements of the constitution and laws of this
176	172		state and the rules and procedures of the legislature with respect
177	173		to the notice, introduction, and passage of this Act have been
178	174		fulfilled and accomplished.
179	175		SECTION 7. This Act takes effect immediately if it receives
180	176		a vote of two-thirds of all the members elected to each house, as
181	177		provided by Section 39, Article III, Texas Constitution. If this
182	178		Act does not receive the vote necessary for immediate effect, this
183	179		Act takes effect September 1, 2017.
	180	+	______________________________ ______________________________
	181	+	President of the Senate Speaker of the House
	182	+	I hereby certify that S.B. No. 1014 passed the Senate on
	183	+	April 25, 2017, by the following vote: Yeas 31, Nays 0; and that
	184	+	the Senate concurred in House amendment on May 27, 2017, by the
	185	+	following vote: Yeas 31, Nays 0.
	186	+	______________________________
	187	+	Secretary of the Senate
	188	+	I hereby certify that S.B. No. 1014 passed the House, with
	189	+	amendment, on May 24, 2017, by the following vote: Yeas 146,
	190	+	Nays 0, two present not voting.
	191	+	______________________________
	192	+	Chief Clerk of the House
	193	+	Approved:
	194	+	______________________________
	195	+	Date
	196	+	______________________________
	197	+	Governor