Texas 2023 - 88th Regular

Texas House Bill HB3356 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R8423 JTZ-F
2	2	By: Cole H.B. No. 3356
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties and authority to issue bonds of
8	8	the SH130 Municipal Management District No. 1.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 3971.0101, Special District Local Laws
11	11	Code, is amended to read as follows:
12	12	Sec. 3971.0101. DEFINITIONS. In this chapter:
13	13	(1) "Board" means the district's board of directors.
14	14	(2) "City" means the City of Austin.
15	15	(3) "County" means Travis County.
16	16	(4) "Director" means a board member.
17	17	(5) [(4)] "District" means the SH130 Municipal
18	18	Management District No. 1.
19	19	SECTION 2. Sections 3971.0103(b) and (d), Special District
20	20	Local Laws Code, are amended to read as follows:
21	21	(b) By creating the district and in authorizing the city,
22	22	the county, and other political subdivisions to contract with the
23	23	district, the legislature has established a program to accomplish
24	24	the public purposes set out in Section 52-a, Article III, Texas
25	25	Constitution.
26	26	(d) This chapter and the creation of the district may not be
27	27	interpreted to relieve the city or the county from providing the
28	28	level of services provided as of the effective date of the Act
29	29	enacting this chapter to the area in the district. The district is
30	30	created to supplement and not to supplant city or county services
31	31	provided in the district.
32	32	SECTION 3. Section 3971.0304, Special District Local Laws
33	33	Code, is amended to read as follows:
34	34	Sec. 3971.0304. LAW ENFORCEMENT SERVICES. To protect the
35	35	public interest, the district may contract with a qualified party,
36	36	including the city or the county, to provide law enforcement
37	37	services in the district for a fee.
38	38	SECTION 4. Subchapter D, Chapter 3971, Special District
39	39	Local Laws Code, is amended by adding Section 3971.0403 to read as
40	40	follows:
41	41	Sec. 3971.0403. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
42	42	Section 375.161, Local Government Code, does not apply to the
43	43	district.
44	44	SECTION 5. Section 3971.0506, Special District Local Laws
45	45	Code, is amended to read as follows:
46	46	Sec. 3971.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT
47	47	UNDER AGREEMENT. If the improvements financed by an obligation
48	48	will be conveyed, [to or] operated and maintained, or otherwise
49	49	financed [by a municipality or retail utility provider] pursuant to
50	50	an agreement between the district and the county, a municipality,
51	51	or a retail utility provider entered into before the issuance of the
52	52	obligation, the obligation may be in the form of bonds, notes, or
53	53	other obligations payable wholly or partly from assessments, issued
54	54	by public or private sale, in the manner provided by Subchapter A,
55	55	Chapter 372, Local Government Code.
56	56	SECTION 6. Section 3971.0507, Special District Local Laws
57	57	Code, is amended to read as follows:
58	58	Sec. 3971.0507. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED.
59	59	(a) The board may not issue bonds until the governing body of
60	60	either a [each] municipality in whose corporate limits or
61	61	extraterritorial jurisdiction the district is located or the county
62	62	in which the district is located has consented by ordinance, [or]
63	63	resolution, or order to the creation of the district and to the
64	64	inclusion of land in the district.
65	65	(b) This section applies only to the district's first
66	66	issuance of bonds payable from ad valorem taxes.
67	67	SECTION 7. Sections 3971.0602(a) and (b), Special District
68	68	Local Laws Code, are amended to read as follows:
69	69	(a) The district may adopt a sales and use tax if:
70	70	(1) the city or the county consents to the adoption of
71	71	the tax; and
72	72	(2) the tax is authorized by a majority of the voters
73	73	of the district voting at an election held for that purpose.
74	74	(b) Subject to city or county consent under Subsection (a),
75	75	the board by order may call an election to authorize the adoption of
76	76	the sales and use tax. The election may be held on any uniform
77	77	election date and in conjunction with any other district election.
78	78	SECTION 8. Section 3971.0703(a), Special District Local
79	79	Laws Code, is amended to read as follows:
80	80	(a) The district may not impose a hotel occupancy tax unless
81	81	the city or the county consents to the imposition.
82	82	SECTION 9. (a) The legal notice of the intention to
83	83	introduce this Act, setting forth the general substance of this
84	84	Act, has been published as provided by law, and the notice and a
85	85	copy of this Act have been furnished to all persons, agencies,
86	86	officials, or entities to which they are required to be furnished
87	87	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
88	88	Government Code.
89	89	(b) The governor, one of the required recipients, has
90	90	submitted the notice and Act to the Texas Commission on
91	91	Environmental Quality.
92	92	(c) The Texas Commission on Environmental Quality has filed
93	93	its recommendations relating to this Act with the governor,
94	94	lieutenant governor, and speaker of the house of representatives
95	95	within the required time.
96	96	(d) All requirements of the constitution and laws of this
97	97	state and the rules and procedures of the legislature with respect
98	98	to the notice, introduction, and passage of this Act have been
99	99	fulfilled and accomplished.
100	100	SECTION 10. This Act takes effect immediately if it
101	101	receives a vote of two-thirds of all the members elected to each
102	102	house, as provided by Section 39, Article III, Texas Constitution.
103	103	If this Act does not receive the vote necessary for immediate
104	104	effect, this Act takes effect September 1, 2023.