Texas 2021 - 87th Regular

Texas Senate Bill SB1347 Compare Versions

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

Old	New	Differences
1	1	87R8815 CXP-F
2	2	By: Eckhardt S.B. No. 1347
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties, authority to issue bonds, and
8	8	authority to impose a tax of the SH130 Municipal Management
9	9	District No. 1.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 3971.0101, Special District Local Laws
12	12	Code, is amended to read as follows:
13	13	Sec. 3971.0101. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "City" means the City of Austin.
16	16	(3) "County" means Travis County.
17	17	(4) "Director" means a board member.
18	18	(5) [(4)] "District" means the SH130 Municipal
19	19	Management District No. 1.
20	20	SECTION 2. Sections 3971.0103(b) and (d), Special District
21	21	Local Laws Code, are amended to read as follows:
22	22	(b) By creating the district and in authorizing the city,
23	23	the county, and other political subdivisions to contract with the
24	24	district, the legislature has established a program to accomplish
25	25	the public purposes set out in Section 52-a, Article III, Texas
26	26	Constitution.
27	27	(d) This chapter and the creation of the district may not be
28	28	interpreted to relieve the city or the county from providing the
29	29	level of services provided as of the effective date of the Act
30	30	enacting this chapter to the area in the district. The district is
31	31	created to supplement and not to supplant city or county services
32	32	provided in the district.
33	33	SECTION 3. Section 3971.0304, Special District Local Laws
34	34	Code, is amended to read as follows:
35	35	Sec. 3971.0304. LAW ENFORCEMENT SERVICES. To protect the
36	36	public interest, the district may contract with a qualified party,
37	37	including the city or the county, to provide law enforcement
38	38	services in the district for a fee.
39	39	SECTION 4. Subchapter C, Chapter 3971, Special District
40	40	Local Laws Code, is amended by adding Section 3971.0311 to read as
41	41	follows:
42	42	Sec. 3971.0311. AUTHORITY TO ESTABLISH DEFINED AREAS OR
43	43	DESIGNATED PROPERTY. (a) Notwithstanding the acreage requirement
44	44	under Section 54.801(a), Water Code, the district may define areas
45	45	or designate certain property of the district as provided by
46	46	Subchapter J, Chapter 54, Water Code, to pay for improvements,
47	47	facilities, or services that primarily benefit that area or
48	48	property and do not generally and directly benefit the district as a
49	49	whole.
50	50	(b) Section 54.813, Water Code, does not apply to the
51	51	district.
52	52	SECTION 5. Subchapter D, Chapter 3971, Special District
53	53	Local Laws Code, is amended by adding Section 3971.0403 to read as
54	54	follows:
55	55	Sec. 3971.0403. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
56	56	Section 375.161, Local Government Code, does not apply to the
57	57	district.
58	58	SECTION 6. Section 3971.0506, Special District Local Laws
59	59	Code, is amended to read as follows:
60	60	Sec. 3971.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT
61	61	UNDER AGREEMENT. If the improvements financed by an obligation
62	62	will be conveyed, [to or] operated and maintained, or otherwise
63	63	financed [by a municipality or retail utility provider] pursuant to
64	64	an agreement between the district and the county, a municipality,
65	65	or a retail utility provider entered into before the issuance of the
66	66	obligation, the obligation may be in the form of bonds, notes, or
67	67	other obligations payable wholly or partly from assessments, issued
68	68	by public or private sale, in the manner provided by Subchapter A,
69	69	Chapter 372, Local Government Code.
70	70	SECTION 7. Section 3971.0507, Special District Local Laws
71	71	Code, is amended to read as follows:
72	72	Sec. 3971.0507. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED.
73	73	(a) The board may not issue bonds until the governing body of
74	74	either a [each] municipality in whose corporate limits or
75	75	extraterritorial jurisdiction the district is located or the county
76	76	in which the district is located has consented by ordinance, [or]
77	77	resolution, or order to the creation of the district and to the
78	78	inclusion of land in the district.
79	79	(b) This section applies only to the district's first
80	80	issuance of bonds payable from ad valorem taxes.
81	81	SECTION 8. Sections 3971.0602(a) and (b), Special District
82	82	Local Laws Code, are amended to read as follows:
83	83	(a) The district may adopt a sales and use tax if:
84	84	(1) the city or the county consents to the adoption of
85	85	the tax; and
86	86	(2) the tax is authorized by a majority of the voters
87	87	of the district voting at an election held for that purpose.
88	88	(b) Subject to city or county consent under Subsection (a),
89	89	the board by order may call an election to authorize the adoption of
90	90	the sales and use tax. The election may be held on any uniform
91	91	election date and in conjunction with any other district election.
92	92	SECTION 9. Section 3971.0702(a), Special District Local
93	93	Laws Code, is amended to read as follows:
94	94	(a) For the purposes of this subchapter:
95	95	(1) a reference in Chapter 351, Tax Code, to a
96	96	municipality is a reference to the district and a reference in
97	97	Chapter 351, Tax Code, to the municipality's officers or governing
98	98	body is a reference to the board;
99	99	(2) a reference in Chapter 352, Tax Code, to a county
100	100	is a reference to the district; and
101	101	(3) [(2)] a reference in Chapter 352, Tax Code, to the
102	102	commissioners court is a reference to the board.
103	103	SECTION 10. Section 3971.0703(a), Special District Local
104	104	Laws Code, is amended to read as follows:
105	105	(a) The district may not impose a hotel occupancy tax unless
106	106	the city or the county consents to the imposition.
107	107	SECTION 11. (a) The legal notice of the intention to
108	108	introduce this Act, setting forth the general substance of this
109	109	Act, has been published as provided by law, and the notice and a
110	110	copy of this Act have been furnished to all persons, agencies,
111	111	officials, or entities to which they are required to be furnished
112	112	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
113	113	Government Code.
114	114	(b) The governor, one of the required recipients, has
115	115	submitted the notice and Act to the Texas Commission on
116	116	Environmental Quality.
117	117	(c) The Texas Commission on Environmental Quality has filed
118	118	its recommendations relating to this Act with the governor,
119	119	lieutenant governor, and speaker of the house of representatives
120	120	within the required time.
121	121	(d) All requirements of the constitution and laws of this
122	122	state and the rules and procedures of the legislature with respect
123	123	to the notice, introduction, and passage of this Act have been
124	124	fulfilled and accomplished.
125	125	SECTION 12. (a) The following are validated and confirmed
126	126	in all respects:
127	127	(1) the creation of the SH130 Municipal Management
128	128	District No. 1; and
129	129	(2) any act or proceeding of the district, including
130	130	an election, not excepted by this section and taken not more than
131	131	three years before the effective date of this Act, effective as of
132	132	the date on which the act or proceeding occurred.
133	133	(b) This section does not apply to:
134	134	(1) an act, proceeding, director, other official,
135	135	bond, or other obligation the validity of which or of whom is the
136	136	subject of litigation that is pending on the effective date of this
137	137	Act; or
138	138	(2) an act or proceeding that, under a statute of this
139	139	state or the United States, was a misdemeanor or felony at the time
140	140	the act or proceeding occurred.
141	141	SECTION 13. This Act takes effect immediately if it
142	142	receives a vote of two-thirds of all the members elected to each
143	143	house, as provided by Section 39, Article III, Texas Constitution.
144	144	If this Act does not receive the vote necessary for immediate
145	145	effect, this Act takes effect September 1, 2021.