| 1 | 1 | | H.B. No. 4082 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the purposes for which a municipality or county may |
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| 6 | 6 | | issue an anticipation note or certificate of obligation. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 1431.001, Government Code, is amended by |
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| 9 | 9 | | adding Subdivision (6) to read as follows: |
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| 10 | 10 | | (6) "Public work" for an issuer that is a municipality |
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| 11 | 11 | | or county has the meaning assigned by Section 271.043, Local |
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| 12 | 12 | | Government Code. |
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| 13 | 13 | | SECTION 2. Section 271.043, Local Government Code, is |
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| 14 | 14 | | amended by adding Subdivision (7-a) to read as follows: |
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| 15 | 15 | | (7-a) "Public work" for an issuer that is a |
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| 16 | 16 | | municipality or county: |
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| 17 | 17 | | (A) means any of the following public |
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| 18 | 18 | | improvements as authorized by law: |
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| 19 | 19 | | (i) a street, road, highway, bridge, |
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| 20 | 20 | | sidewalk, or parking structure; |
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| 21 | 21 | | (ii) a landfill; |
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| 22 | 22 | | (iii) an airport; |
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| 23 | 23 | | (iv) a utility system, water supply |
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| 24 | 24 | | project, water treatment plant, wastewater treatment plant, or |
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| 25 | 25 | | water or wastewater conveyance facility; |
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| 26 | 26 | | (v) a wharf or dock; |
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| 27 | 27 | | (vi) a flood control and drainage project; |
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| 28 | 28 | | (vii) a public safety facility, including a |
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| 29 | 29 | | police station, fire station, emergency shelter, jail, or juvenile |
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| 30 | 30 | | detention facility; |
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| 31 | 31 | | (viii) a judicial facility; |
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| 32 | 32 | | (ix) an administrative office building |
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| 33 | 33 | | housing the governmental functions of the municipality or county; |
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| 34 | 34 | | (x) an animal shelter; |
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| 35 | 35 | | (xi) a library; or |
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| 36 | 36 | | (xii) a park or recreation facility that is |
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| 37 | 37 | | generally accessible to the public and is part of the municipal or |
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| 38 | 38 | | county park system; |
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| 39 | 39 | | (B) means the rehabilitation, expansion, |
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| 40 | 40 | | reconstruction, or maintenance of an existing stadium, arena, civic |
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| 41 | 41 | | center, convention center, or coliseum that is owned and operated |
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| 42 | 42 | | by the municipality or county or by an entity created to act on |
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| 43 | 43 | | behalf of the municipality or county; and |
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| 44 | 44 | | (C) does not include: |
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| 45 | 45 | | (i) a facility for which more than 50 |
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| 46 | 46 | | percent of the average annual usage is or is intended to be for |
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| 47 | 47 | | professional or semi-professional sports; |
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| 48 | 48 | | (ii) a new stadium, arena, civic center, |
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| 49 | 49 | | convention center, or coliseum that is or is intended to be leased |
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| 50 | 50 | | by a single for-profit tenant for more than 180 days in a single |
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| 51 | 51 | | calendar year; or |
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| 52 | 52 | | (iii) a hotel. |
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| 53 | 53 | | SECTION 3. The changes in law made by this Act apply only to |
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| 54 | 54 | | an anticipation note or certificate of obligation issued on or |
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| 55 | 55 | | after the effective date of this Act. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 57 | 57 | | ______________________________ ______________________________ |
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| 58 | 58 | | President of the Senate Speaker of the House |
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| 59 | 59 | | I certify that H.B. No. 4082 was passed by the House on May 4, |
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| 60 | 60 | | 2023, by the following vote: Yeas 122, Nays 20, 1 present, not |
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| 61 | 61 | | voting. |
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| 62 | 62 | | ______________________________ |
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| 63 | 63 | | Chief Clerk of the House |
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| 64 | 64 | | I certify that H.B. No. 4082 was passed by the Senate on May |
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| 65 | 65 | | 23, 2023, by the following vote: Yeas 20, Nays 11. |
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| 66 | 66 | | ______________________________ |
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| 67 | 67 | | Secretary of the Senate |
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| 68 | 68 | | APPROVED: _____________________ |
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| 69 | 69 | | Date |
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| 70 | 70 | | _____________________ |
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| 71 | 71 | | Governor |
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