Texas 2021 - 87th Regular

Texas House Bill HB2289 Latest Draft

Bill / Introduced Version Filed 02/25/2021

                            87R6666 SMT-D
 By: Schofield H.B. No. 2289


 A BILL TO BE ENTITLED
 AN ACT
 relating to the establishment of the State District as the seat of
 state government.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Title 1, Local Government Code, is amended by
 adding Chapter 2 to read as follows:
 CHAPTER 2. STATE DISTRICT
 Sec. 2.001.  DISTRICT ESTABLISHED. (a) The State District
 is created from the City of Austin in Travis County as the seat of
 state government.
 (b)  In this chapter, "district" means the State District.
 Sec. 2.002.  DISTRICT TERRITORY. (a) The territory of the
 district is initially composed of the territory in the following
 boundaries:
 (1)  on the north, the southern edge of Martin Luther
 King, Jr., Boulevard;
 (2)  on the east, the western edge of Trinity Street;
 (3)  on the south, the northern edge of 10th Street; and
 (4)  on the west, the eastern edge of Lavaca Street.
 (b)  The boundaries of the district may be modified by the
 governing body of the district in the manner provided by law for a
 home-rule municipality.
 (c)  A charter provision or ordinance of the City of Austin
 remains in effect in the State District until a charter is adopted
 under this chapter. On the adoption of the charter, the area in the
 district is removed from the City of Austin.
 Sec. 2.003.  POWERS AND GOVERNANCE. (a) The district has
 the powers of a home-rule municipality. The district charter has
 the same force and effect and shall be treated the same in all
 respects as the charter of a home-rule municipality.
 (b)  The district is governed by a board of five directors at
 large appointed by the governor with the advice and consent of the
 senate.
 (c)  To qualify to serve as a director, a person must be a
 resident of this state.
 (d)  Directors serve staggered two-year terms.
 (e)  If a vacancy occurs on the board, the governor shall
 appoint a director with the advice and consent of the senate for the
 remainder of the unexpired term.
 (f)  A board member is not entitled to compensation but is
 entitled to reimbursement for actual and necessary expenses.
 (g)  The governor shall designate from the members of the
 board a presiding officer. The board shall designate from the
 members of the board other officers the board considers necessary.
 Sec. 2.004.  ADOPTION OF CHARTER. Not later than the 90th
 day after the date the initial board is appointed, the board shall
 adopt a charter to govern the operations of the district.
 Sec. 2.005.  POWERS. On the adoption of a charter under this
 chapter, the district has the powers of a home-rule municipality.
 The charter has the same force and effect and shall be treated the
 same in all respects as the charter of a home-rule municipality.
 Sec. 2.006.  TRANSFERS AND ASSUMPTIONS. (a) On the adoption
 of a charter under this chapter, all money, real property,
 contracts, leases, and rights of the City of Austin existing on the
 date of the charter adoption that relate to the territory included
 in the district are transferred to the district.
 (b)  On the adoption of a charter under this chapter, the
 district assumes a pro rata share of the indebtedness of the City of
 Austin existing on the date of the charter adoption. The district
 annually shall pay to the city an amount to be applied exclusively
 to the payment of the district's share of that indebtedness until
 the district's share is paid in full.
 Sec. 2.007.  STATE OFFICES AND FUNCTIONS. A state office
 required to be located in or a state function required to occur in
 the City of Austin by other law may be located or occur in the
 district.
 SECTION 2.  Section 411.066, Government Code, is amended to
 read as follows:
 Sec. 411.066.  JURISDICTION. The [municipal court of a
 municipality and the] justice courts of a county in which an offense
 under Section 411.065 was committed have [concurrent] original
 jurisdiction over such an offense.
 SECTION 3.  Section 411.062(f), Government Code, is
 repealed.
 SECTION 4.  This Act takes effect January 1, 2022, but only
 if the constitutional amendment proposed by the 87th Legislature,
 Regular Session, 2021, allowing the legislature to establish from
 part of the City of Austin the State District to be the seat of state
 government is approved by the voters. If that amendment is not
 approved by the voters, this Act has no effect.