Texas 2021 - 87th Regular

Texas House Bill HB2289 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6666 SMT-D
2	2	By: Schofield H.B. No. 2289
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the State District as the seat of
8	8	state government.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Local Government Code, is amended by
11	11	adding Chapter 2 to read as follows:
12	12	CHAPTER 2. STATE DISTRICT
13	13	Sec. 2.001. DISTRICT ESTABLISHED. (a) The State District
14	14	is created from the City of Austin in Travis County as the seat of
15	15	state government.
16	16	(b) In this chapter, "district" means the State District.
17	17	Sec. 2.002. DISTRICT TERRITORY. (a) The territory of the
18	18	district is initially composed of the territory in the following
19	19	boundaries:
20	20	(1) on the north, the southern edge of Martin Luther
21	21	King, Jr., Boulevard;
22	22	(2) on the east, the western edge of Trinity Street;
23	23	(3) on the south, the northern edge of 10th Street; and
24	24	(4) on the west, the eastern edge of Lavaca Street.
25	25	(b) The boundaries of the district may be modified by the
26	26	governing body of the district in the manner provided by law for a
27	27	home-rule municipality.
28	28	(c) A charter provision or ordinance of the City of Austin
29	29	remains in effect in the State District until a charter is adopted
30	30	under this chapter. On the adoption of the charter, the area in the
31	31	district is removed from the City of Austin.
32	32	Sec. 2.003. POWERS AND GOVERNANCE. (a) The district has
33	33	the powers of a home-rule municipality. The district charter has
34	34	the same force and effect and shall be treated the same in all
35	35	respects as the charter of a home-rule municipality.
36	36	(b) The district is governed by a board of five directors at
37	37	large appointed by the governor with the advice and consent of the
38	38	senate.
39	39	(c) To qualify to serve as a director, a person must be a
40	40	resident of this state.
41	41	(d) Directors serve staggered two-year terms.
42	42	(e) If a vacancy occurs on the board, the governor shall
43	43	appoint a director with the advice and consent of the senate for the
44	44	remainder of the unexpired term.
45	45	(f) A board member is not entitled to compensation but is
46	46	entitled to reimbursement for actual and necessary expenses.
47	47	(g) The governor shall designate from the members of the
48	48	board a presiding officer. The board shall designate from the
49	49	members of the board other officers the board considers necessary.
50	50	Sec. 2.004. ADOPTION OF CHARTER. Not later than the 90th
51	51	day after the date the initial board is appointed, the board shall
52	52	adopt a charter to govern the operations of the district.
53	53	Sec. 2.005. POWERS. On the adoption of a charter under this
54	54	chapter, the district has the powers of a home-rule municipality.
55	55	The charter has the same force and effect and shall be treated the
56	56	same in all respects as the charter of a home-rule municipality.
57	57	Sec. 2.006. TRANSFERS AND ASSUMPTIONS. (a) On the adoption
58	58	of a charter under this chapter, all money, real property,
59	59	contracts, leases, and rights of the City of Austin existing on the
60	60	date of the charter adoption that relate to the territory included
61	61	in the district are transferred to the district.
62	62	(b) On the adoption of a charter under this chapter, the
63	63	district assumes a pro rata share of the indebtedness of the City of
64	64	Austin existing on the date of the charter adoption. The district
65	65	annually shall pay to the city an amount to be applied exclusively
66	66	to the payment of the district's share of that indebtedness until
67	67	the district's share is paid in full.
68	68	Sec. 2.007. STATE OFFICES AND FUNCTIONS. A state office
69	69	required to be located in or a state function required to occur in
70	70	the City of Austin by other law may be located or occur in the
71	71	district.
72	72	SECTION 2. Section 411.066, Government Code, is amended to
73	73	read as follows:
74	74	Sec. 411.066. JURISDICTION. The [municipal court of a
75	75	municipality and the] justice courts of a county in which an offense
76	76	under Section 411.065 was committed have [concurrent] original
77	77	jurisdiction over such an offense.
78	78	SECTION 3. Section 411.062(f), Government Code, is
79	79	repealed.
80	80	SECTION 4. This Act takes effect January 1, 2022, but only
81	81	if the constitutional amendment proposed by the 87th Legislature,
82	82	Regular Session, 2021, allowing the legislature to establish from
83	83	part of the City of Austin the State District to be the seat of state
84	84	government is approved by the voters. If that amendment is not
85	85	approved by the voters, this Act has no effect.