By: Watson S.B. No. 2553
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Save Historic Muny District;
providing authority to issue bonds; providing authority to impose
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3988 to read as follows:
CHAPTER 3988. SAVE HISTORIC MUNY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3988.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Austin.
(3) "County" means Travis County.
(4) "Director" means a board member.
(5) "District" means the Save Historic Muny District.
Sec. 3988.0102. NATURE OF DISTRICT. The Save Historic Muny
District is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3988.0103. PURPOSE; DECLARATION OF INTENT. (a) The
primary purpose of the district is to preserve the land used for the
historic Lions Municipal Golf Course in Austin as a golf course,
publicly available parkland, or a combination of those uses.
(b) The creation of the district is essential to accomplish
the purposes of Sections 52 and 52-a, Article III, and Section 59,
Article XVI, Texas Constitution, and other public purposes stated
in this chapter.
(c) By creating the district and in authorizing the county,
the city, and other political subdivisions to contract with the
district, the legislature has established a program to accomplish
the public purposes set out in Section 52-a, Article III, Texas
Constitution.
(d) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(e) This chapter and the creation of the district may not be
interpreted to relieve the county or the city from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant county or city services
provided in the district.
Sec. 3988.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b) The district is created to serve a public use and
benefit.
(c) 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, business, and recreation
center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(d) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(e) 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.
Sec. 3988.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries contained in Section 2 of the Act
enacting this chapter form a closure. A mistake in the boundaries
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3988.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3988.0107. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Sec. 3988.0108. EXPIRATION OF CHAPTER. The district is
dissolved and this chapter expires December 31, 2020, if no fees
have been approved under Sec. 3988.0304.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3988.0201. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years.
Sec. 3988.0202. APPOINTMENT OF DIRECTORS. The governing
body of the city shall appoint directors from a list of names
recommended by the preceding board as provided by Section 375.064,
Local Government Code.
Sec. 3988.0203. APPOINTING COMMITTEE; INITIAL DIRECTORS.
(a) An appointing committee shall appoint directors to the initial
board. The appointing committee is composed of:
(1) the executive director of the Parks and Wildlife
Department;
(2) the executive director of the Texas Historical
Commission;
(3) the mayor of the city;
(4) the county judge of the county; and
(5) the Texas Director of The Nature Conservancy.
(b) The appointing committee shall appoint the initial
board not later than October 1, 2019.
(c) Three initial directors serve four-year terms and two
initial directors serve two-year terms. The appointing committee
shall designate the term of each initial director.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3988.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3988.0302. IMPROVEMENT PROJECTS AND SERVICES.
(a) The district, using any money available to the district for
the purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
(d) The district may enter into an agreement with the city
to allow the city to provide to the district revenue from fees
collected by the city from municipally owned utility customers in
the district in exchange for the district providing an improvement
project or service that provides a public benefit to the city.
(e) The district may accept gifts, grants, or donations from
any public or private source for the purpose of carrying out this
chapter. Notwithstanding Section 3988.0108, the district may
continue for the purpose of carrying out the intent of the donors of
any grants, gifts, or donations or may transfer the grants, gifts,
or donations to another entity that will fulfill the purpose of the
district.
Sec. 3988.0303. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3988.0304. ELECTIONS TO APPROVE FEES. (a) The
district may not impose a fee unless it is approved at an election
by a majority of the qualified voters of the district voting at an
election called and held for that purpose.
(b) The resolution ordering the election and the notice of
the election must contain:
(1) a complete legal description of the area included
in the proposed project;
(2) a statement of the nature of the proposed project;
(3) a statement of the total amount of local funds to
be spent on the proposed project; and
(4) the amount of the fee to be imposed.
(c) The ballot proposition at the election need not contain
a complete legal description of the area included in the project,
but the proposition must contain a general description of the area
that is sufficient to give notice to the voters of the location of
the proposed project. The proposition must also contain a
statement of the nature of the proposed project, the total amount of
local funds to be spent on the project, and the total amount of the
fee to be imposed.
(d) If the ballot proposition is approved, the district may
not exceed the limitations imposed on the project in the resolution
ordering the election with respect to the area, nature, or amount of
local funds spent on the project. If the district desires to expand
the project beyond those limitations, the proposed expansion must
be approved at an election in the manner provided for the original
project.
(e) If a majority of the voters voting on the issue do not
approve a fee at an election under this section, another election
concerning a fee may not be held before the first anniversary of the
date of the most recent election disapproving the fee.
Sec. 3988.0305. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3988.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SECTION 2. The Save Historic Muny District initially
includes all territory contained in the following area:
In Austin, Texas, the territory enclosed by:
(1) West 35th Street between the Colorado River and
West 34th Street;
(2) West 34th Street between West 35th Street and
Lamar Boulevard;
(3) North Lamar Boulevard between West 34th Street and
South Lamar Boulevard;
(4) South Lamar Boulevard between North Lamar
Boulevard and the Colorado River; and
(5) the Colorado River between South Lamar Boulevard
and West 35th Street.
SECTION 3. (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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. 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, 2019.