Texas 2019 - 86th Regular

Texas Senate Bill SB2553 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2553
	1	+	By: Watson S.B. No. 2553
	2	+	(Howard)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Save Historic Muny District;
6	8		providing authority to issue bonds; providing authority to impose
7	9		fees.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	12		Code, is amended by adding Chapter 3988 to read as follows:
11	13		CHAPTER 3988. SAVE HISTORIC MUNY DISTRICT
12	14		SUBCHAPTER A. GENERAL PROVISIONS
13	15		Sec. 3988.0101. DEFINITIONS. In this chapter:
14	16		(1) "Board" means the district's board of directors.
15	17		(2) "City" means the City of Austin.
16	18		(3) "County" means Travis County.
17	19		(4) "Director" means a board member.
18	20		(5) "District" means the Save Historic Muny District.
19	21		Sec. 3988.0102. NATURE OF DISTRICT. The Save Historic Muny
20	22		District is a special district created under Section 59, Article
21	23		XVI, Texas Constitution.
22	24		Sec. 3988.0103. PURPOSE; DECLARATION OF INTENT. (a) The
23	25		purpose of the district is to preserve the 141.35 acres of land used
24		-	for the historic Lions Municipal Golf Course in Austin as a ~~public~~
25		-	~~golf~~ course, publicly available parkland, or a combination of those
	26	+	for the historic Lions Municipal Golf Course in Austin as a golf
	27	+	course, publicly available parkland, or a combination of those
26	28		uses.
27		-	(b) This chapter does not preclude, and is not ~~intended by~~
28		-	any language contained herein to preclude, preservation ~~of the~~
29		-	historic Lions Municipal Golf Course in Austin in its current
30		-	141.35 acre imprint as an 18-hole ~~public~~ golf course, practice
31		-	~~facilities,~~ and land related to the course.
32		-	(c) This chapter does not require a person to:
33		-	(1) sell or otherwise convey real property to the
	29	+	(1) This chapter does not preclude, and is not
	30	+	intended by any language contained herein to preclude, preservation
	31	+	of the historic Lions Municipal Golf Course in Austin in its current
	32	+	141.35 acre imprint as an 18-hole golf course, practice facilities,
	33	+	and land related to the course.
	34	+	(2) This chapter does not require a person to:
	35	+	(A) sell or otherwise convey real property to the
34	36		district or the city; or
35		-	(2) enter into an agreement with the district.
36		-	(d) The creation of the district is essential to accomplish
	37	+	(B) enter into an agreement with the district.
	38	+	(b) The creation of the district is essential to accomplish
37	39		the purposes of Sections 52 and 52-a, Article III, and Section 59,
38	40		Article XVI, Texas Constitution, and other public purposes stated
39	41		in this chapter.
40		-	(e) By creating the district and in authorizing the county,
	42	+	(c) By creating the district and in authorizing the county,
41	43		the city, and other political subdivisions to contract with the
42	44		district, the legislature has established a program to accomplish
43	45		the public purposes set out in Section 52-a, Article III, Texas
44	46		Constitution.
45		-	(f) This chapter and the creation of the district may not be
	47	+	(d) This chapter and the creation of the district may not be
46	48		interpreted to relieve the county or the city from providing the
47	49		level of services provided as of the effective date of the Act
48	50		enacting this chapter to the area in the district. The district is
49	51		created to supplement and not to supplant county or city services
50	52		provided in the district.
51	53		Sec. 3988.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
52	54		(a) All land and other property included in the district will
53	55		benefit from the improvements and services to be provided by the
54	56		district under powers conferred by Sections 52 and 52-a, Article
55	57		III, and Section 59, Article XVI, Texas Constitution, and other
56	58		powers granted under this chapter.
57	59		(b) The district is created to serve a public use and
58	60		benefit.
59	61		(c) The district will provide infrastructure necessary or
60	62		desirable for the use of the land preserved in accordance with the
61	63		purpose of the district.
62	64		(d) The district will not act as the agent or
63	65		instrumentality of any private interest even though the district
64	66		will benefit many private interests as well as the public.
65	67		Sec. 3988.0105. INITIAL DISTRICT TERRITORY. (a) The
66	68		district is initially composed of the territory described by
67	69		Section 2 of the Act enacting this chapter.
68	70		(b) The boundaries contained in Section 2 of the Act
69	71		enacting this chapter form a closure. A mistake in the boundaries
70	72		does not affect the district's:
71	73		(1) organization, existence, or validity;
72	74		(2) right to issue any type of bonds for the purposes
73	75		for which the district is created or to pay the principal of and
74	76		interest on the bonds;
75	77		(3) right to impose or collect a fee; or
76	78		(4) legality or operation.
77	79		Sec. 3988.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
78	80		DISTRICTS LAW. Except as otherwise provided by this chapter,
79	81		Chapter 375, Local Government Code, applies to the district.
80	82		Sec. 3988.0107. CONSTRUCTION OF CHAPTER. This chapter
81	83		shall be liberally construed in conformity with the findings and
82	84		purposes stated in this chapter.
83	85		SUBCHAPTER B. BOARD OF DIRECTORS
84	86		Sec. 3988.0201. GOVERNING BODY; TERMS. The district is
85	87		governed by a board of five directors who serve staggered terms of
86	88		four years.
87	89		Sec. 3988.0202. APPOINTMENT OF DIRECTORS. The governing
88	90		body of the city shall appoint directors from a list of names
89	91		recommended by the preceding board as provided by Section 375.064,
90	92		Local Government Code.
91	93		Sec. 3988.0203. APPOINTING COMMITTEE; INITIAL DIRECTORS.
92	94		(a) An appointing committee shall appoint directors to the initial
93	95		board. The appointing committee is composed of:
94	96		(1) the executive director of the Parks and Wildlife
95	97		Department;
96	98		(2) the executive director of the Texas Historical
97	99		Commission;
98	100		(3) the executive director of the Texas State
99	101		Preservation Board;
100	102		(4) the mayor of the city;
101	103		(5) the Texas director of the Nature Conservancy;
102	104		(6) the executive director of Preservation Texas; and
103	105		(7) the executive director of the Texas Golf Hall of
104	106		Fame.
105		-	(b) The appointing committee shall solicit applications for
106		-	initial board member positions from residents of the district and
107		-	appoint the initial board not later than October 1, 2019.
	107	+	(b) The appointing committee shall appoint the initial
	108	+	board not later than October 1, 2019.
108	109		(c) Three initial directors serve four-year terms and two
109		-	initial directors serve two-year terms. The initial directors
110		-	shall draw lots to determine which directors serve four-year terms
111		-	and which serve two-year terms.
	110	+	initial directors serve two-year terms. The appointing committee
	111	+	shall designate the term of each initial director.
112	112		SUBCHAPTER C. POWERS AND DUTIES
113	113		Sec. 3988.0301. GENERAL POWERS AND DUTIES. The district
114	114		has the powers and duties necessary to accomplish the purpose for
115	115		which the district is created.
116	116		Sec. 3988.0302. IMPROVEMENT PROJECTS AND SERVICES.
117	117		(a) The district, using any money available to the district for
118	118		the purpose, may provide, design, construct, acquire, improve,
119	119		relocate, operate, maintain, or finance an improvement project or
120	120		service authorized under this chapter or Chapter 375, Local
121	121		Government Code.
122	122		(b) The district may contract with a governmental or private
123	123		entity to carry out an action under Subsection (a).
124	124		(c) The implementation of a district project or service is a
125	125		governmental function or service for the purposes of Chapter 791,
126	126		Government Code.
127	127		(d) The district may enter into a contract with the city to
128	128		allow the city to provide to the district revenue from fees
129	129		collected by the city from municipally owned utility customers in
130	130		the district in exchange for the district providing an improvement
131		-	project or service that provides a public benefit to the city. The
132		-	district may not enter into a contract described by this subsection
133		-	unless the district enters into an agreement before May 31, 2021,
134		-	with the owner of the land used for the historic Lions Municipal
135		-	Golf Course that provides for the purchase of the land or a method
136		-	of preserving the land as a public golf course, publicly available
137		-	parkland, or a combination of those uses.
	131	+	project or service that provides a public benefit to the city.
138	132		Sec. 3988.0303. GIFTS, GRANTS, DONATIONS. The district may
139	133		accept a gift, grant, or donation from a public or private source
140	134		for the purposes of carrying out the district purpose under this
141	135		chapter.
142	136		Sec. 3988.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
143	137		The district may join and pay dues to a charitable or nonprofit
144	138		organization that performs a service or provides an activity
145	139		consistent with the furtherance of the district purpose.
146	140		Sec. 3988.0306. ELECTION TO APPROVE CONTRACT FEE. (a) The
147	141		district may not enter into a contract with the city for the
148	142		imposition of a fee, as described by Section 3988.0302(d), unless
149	143		the imposition of the fee is approved at an election by a majority
150	144		of the qualified voters of the district voting at an election called
151	145		for that purpose.
152	146		(b) The resolution ordering the election and the notice of
153	147		the election must describe the proposed project for which the fee
154	148		revenue will be used. The description must include:
155	149		(1) a complete legal description of the area included
156	150		in the proposed project;
157	151		(2) a statement of the nature of the proposed project;
158	152		(3) a statement of the total amount of fee revenue
159	153		anticipated to be spent on the proposed project; and
160	154		(4) the amount of the fee to be imposed.
161	155		(c) The ballot proposition at the election need not contain
162	156		a complete legal description of the area included in the proposed
163	157		project, but the proposition must contain a general description of
164	158		the area that is sufficient to give notice to the voters of the
165	159		location of the proposed project. The ballot proposition must also
166	160		contain the information described by Subsections (b)(2), (3), and
167	161		(4).
168	162		(d) If the ballot proposition is approved, the district may
169	163		not exceed any limitations imposed on the project by the resolution
170	164		ordering the election with respect to the area, nature, or amount of
171	165		fee revenue spent on the project. If the district desires to expand
172	166		the project beyond those limitations, the proposed expansion must
173	167		be approved at an election in the manner provided for the original
174	168		project.
175	169		(e) If a majority of the voters voting at the election do not
176	170		approve the ballot proposition, the district may not call a
177	171		subsequent election under this section on the imposition of a fee
178	172		for the same proposed project before the first anniversary of the
179	173		date of the most recent election held under this section on the
180	174		imposition of a fee for the same proposed project.
	175	+	(f) If the board so determines, a ballot proposition may be
	176	+	put forth to an area within, but not including, the entire district
	177	+	boundary.
181	178		Sec. 3988.0307. OTHER CHARGES. (a) The district may
182	179		charge rates, fares, charges, rents, or other fees or compensation
183	180		for the use of the improvements constructed, operated, or
184	181		maintained by the district only for the purpose of the district.
185	182		(b) The district may not impose an impact or standby fee.
186		-	Sec. 3988.0308. CERTAIN RESIDENTIAL PROPERTY. Section
187		-	375.161, Local Government Code, does not apply to the district.
188		-	Sec. 3988.0309. NO ASSESSMENTS OR TAXES. The district may
	183	+	Sec. 3988.0308. NO ASSESSMENTS OR TAXES. The district may
189	184		not impose an assessment or tax.
190		-	Sec. 3988.~~0310~~. NO EMINENT DOMAIN POWER. The district may
	185	+	Sec. 3988.0309. NO EMINENT DOMAIN POWER. The district may
191	186		not exercise the power of eminent domain.
192	187		SUBCHAPTER I. DISSOLUTION
193	188		Sec. 3988.0901. DISSOLUTION. Except as limited by Section
194	189		375.264, Local Government Code, the board shall dissolve the
195		-	district not later than May 31, 2021, unless, as of that date, the
196		-	district has entered into an agreement with the owner of the land
197		-	used for the historic Lions Municipal Golf Course that provides for
198		-	the purchase of the land or a method of preserving the land as a
199		-	public golf course, publicly available parkland, or a combination
200		-	of those uses.
	190	+	district on December 31, 2020, or as soon as possible after that
	191	+	date, unless, as of December 31, 2020:
	192	+	(1) a fee has been approved at an election under
	193	+	Section 3988.0306; or
	194	+	(2) the district has entered into an agreement with
	195	+	the owner of the land used for the historic Lions Municipal Golf
	196	+	Course that provides for the purchase of the land or a method of
	197	+	preserving the land as a golf course, publicly available parkland,
	198	+	or a combination of those uses.
201	199		SECTION 2. The Save Historic Muny District initially
202	200		includes all territory contained in the following area:
203	201		In Austin, Texas, the territory enclosed by:
204	202		(1) West 35th Street between the Colorado River and
205	203		West 34th Street;
206	204		(2) West 34th Street between West 35th Street and
207	205		North Lamar Boulevard;
208	206		(3) North Lamar Boulevard between West 34th Street and
209	207		South Lamar Boulevard;
210	208		(4) South Lamar Boulevard between North Lamar
211	209		Boulevard and the Colorado River; and
212	210		(5) the Colorado River between South Lamar Boulevard
213	211		and West 35th Street.
214	212		SECTION 3. (a) The legal notice of the intention to
215	213		introduce this Act, setting forth the general substance of this
216	214		Act, has been published as provided by law, and the notice and a
217	215		copy of this Act have been furnished to all persons, agencies,
218	216		officials, or entities to which they are required to be furnished
219	217		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
220	218		Government Code.
221	219		(b) The governor, one of the required recipients, has
222	220		submitted the notice and Act to the Texas Commission on
223	221		Environmental Quality.
224	222		(c) The Texas Commission on Environmental Quality has filed
225	223		its recommendations relating to this Act with the governor,
226	224		lieutenant governor, and speaker of the house of representatives
227	225		within the required time.
228	226		(d) All requirements of the constitution and laws of this
229	227		state and the rules and procedures of the legislature with respect
230	228		to the notice, introduction, and passage of this Act have been
231	229		fulfilled and accomplished.
232	230		SECTION 4. This Act takes effect immediately if it receives
233	231		a vote of two-thirds of all the members elected to each house, as
234	232		provided by Section 39, Article III, Texas Constitution. If this
235	233		Act does not receive the vote necessary for immediate effect, this
236	234		Act takes effect September 1, 2019.
237		-	______________________________ ______________________________
238		-	President of the Senate Speaker of the House
239		-	I hereby certify that S.B. No. 2553 passed the Senate on
240		-	May 8, 2019, by the following vote: Yeas 31, Nays 0; and that the
241		-	Senate concurred in House amendment on May 25, 2019, by the
242		-	following vote: Yeas 30, Nays 0.
243		-	______________________________
244		-	Secretary of the Senate
245		-	I hereby certify that S.B. No. 2553 passed the House, with
246		-	amendment, on May 22, 2019, by the following vote: Yeas 104,
247		-	Nays 38, two present not voting.
248		-	______________________________
249		-	Chief Clerk of the House
250		-	Approved:
251		-	______________________________
252		-	Date
253		-	______________________________
254		-	Governor