Texas 2023 - 88th Regular

Texas Senate Bill SB2614 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12328 JTZ-F
2	2	By: Blanco S.B. No. 2614
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Presidio International Port
8	8	Authority District; providing authority to issue bonds; providing
9	9	authority to impose assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3797 to read as follows:
13	13	CHAPTER 3797. PRESIDIO INTERNATIONAL PORT AUTHORITY DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3797.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the authority's board of directors.
17	17	(2) "City" means the city of Presidio.
18	18	(3) "County" means Presidio County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Presidio International Port
21	21	Authority District.
22	22	(6) "School district" means Presidio Independent
23	23	School District.
24	24	Sec. 3797.0102. NATURE OF DISTRICT. The Presidio
25	25	International Port Authority District is a special district created
26	26	under Section 59, Article XVI, Texas Constitution.
27	27	Sec. 3797.0103. PURPOSE; DECLARATION OF INTENT. (a) The
28	28	creation of the district is essential to accomplish the purposes of
29	29	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	30	Texas Constitution, and other public purposes stated in this
31	31	chapter.
32	32	(b) By creating the district and in authorizing the county,
33	33	the city, the school district, and other political subdivisions to
34	34	contract with the district, the legislature has established a
35	35	program to accomplish the public purposes set out in Section 52-a,
36	36	Article III, Texas Constitution.
37	37	(c) The creation of the district is necessary to promote,
38	38	develop, encourage, and maintain employment, commerce,
39	39	transportation, housing, tourism, recreation, the arts,
40	40	entertainment, economic development, safety, and the public
41	41	welfare in the district.
42	42	(d) The district is created to serve the interests of the
43	43	residents of the district and the general public by improving the
44	44	Presidio port of entry and encouraging international trade.
45	45	(e) This chapter and the creation of the district may not be
46	46	interpreted to relieve the county or the city from providing the
47	47	level of services provided as of the effective date of the Act
48	48	enacting this chapter to the area in the district. The district is
49	49	created to supplement and not to supplant county or city services
50	50	provided in the district.
51	51	Sec. 3797.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
52	52	(a) All land and other property included in the district will
53	53	benefit from the improvements and services to be provided by the
54	54	district under powers conferred by Sections 52 and 52-a, Article
55	55	III, and Section 59, Article XVI, Texas Constitution, and other
56	56	powers granted under this chapter.
57	57	(b) The district is created to serve a public use and
58	58	benefit.
59	59	(c) The creation of the district is in the public interest
60	60	and is essential to further the public purposes of:
61	61	(1) developing and diversifying the economy of the
62	62	state;
63	63	(2) eliminating unemployment and underemployment;
64	64	(3) developing or expanding transportation and
65	65	commerce; and
66	66	(4) developing and expanding international trade.
67	67	(d) The district will:
68	68	(1) promote the health, safety, and general welfare of
69	69	residents, employers, potential employees, employees, visitors,
70	70	and consumers in the district, and of the public;
71	71	(2) provide needed funding for the district to
72	72	preserve, maintain, and enhance the economic health and vitality of
73	73	the district territory as a community and business center,
74	74	including by developing, constructing, owning, operating, and
75	75	improving industrial parks;
76	76	(3) promote the health, safety, welfare, and enjoyment
77	77	of the public by providing pedestrian ways and by landscaping and
78	78	developing certain areas in the district, which are necessary for
79	79	the restoration, preservation, and enhancement of scenic beauty;
80	80	(4) provide for water, wastewater, drainage, rail, and
81	81	road facilities for the district; and
82	82	(5) provide for international border facilities,
83	83	industrial parks, air transportation facilities, intermodal
84	84	facilities, and foreign trade zones in the district.
85	85	(e) The district will not act as the agent or
86	86	instrumentality of any private interest even though the district
87	87	will benefit many private interests as well as the public.
88	88	Sec. 3797.0105. INITIAL DISTRICT TERRITORY. The district
89	89	is initially composed of the territory in Presidio County.
90	90	Sec. 3797.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
91	91	All or any part of the area of the district is eligible to be
92	92	included in:
93	93	(1) a tax increment reinvestment zone created under
94	94	Chapter 311, Tax Code;
95	95	(2) a tax abatement reinvestment zone created under
96	96	Chapter 312, Tax Code; or
97	97	(3) a foreign trade zone.
98	98	Sec. 3797.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
99	99	DISTRICTS LAW. Except as otherwise provided by this chapter,
100	100	Chapter 375, Local Government Code, applies to the district.
101	101	Sec. 3797.0108. CONSTRUCTION OF CHAPTER. This chapter
102	102	shall be liberally construed in conformity with the findings and
103	103	purposes stated in this chapter.
104	104	SUBCHAPTER B. BOARD OF DIRECTORS
105	105	Sec. 3797.0201. GOVERNING BODY; TERMS. The district is
106	106	governed by a board of seven voting directors who serve staggered
107	107	terms of four years with three or four directors' terms expiring
108	108	June 1 of each odd-numbered year.
109	109	Sec. 3797.0202. QUALIFICATIONS AND APPOINTMENT OF VOTING
110	110	DIRECTORS. (a) Section 375.063, Local Government Code, does not
111	111	apply to the district.
112	112	(b) To be qualified to serve as a director, a person must be
113	113	at least 18 years of age.
114	114	(c) From persons recommended by the board in the manner
115	115	provided by Section 375.064, Local Government Code, the governing
116	116	body of the county shall appoint three directors and the governing
117	117	body of the city shall appoint two directors. Each of the appointed
118	118	directors must be:
119	119	(1) an owner of property in the district;
120	120	(2) an owner of a beneficial interest in a trust, or a
121	121	trustee in a trust, that directly or indirectly owns property in the
122	122	district;
123	123	(3) an agent, employee, or tenant of a person
124	124	described by Subdivision (1) or (2); or
125	125	(4) a person involved in international trade
126	126	activities in the district.
127	127	(d) In addition to the directors appointed under Subsection
128	128	(c), notwithstanding the common law doctrine of incompatibility,
129	129	the mayor of the city and the county judge of the county serve as
130	130	directors of the district, except as provided by Subsection (e).
131	131	Notwithstanding Section 3797.0201, the term of a director who is
132	132	also the mayor of the city or the county judge of the county expires
133	133	when the member's term as mayor or county judge, as applicable,
134	134	expires.
135	135	(e) The mayor of the city or the county judge of the county
136	136	may decline to serve as a director. If the mayor of the city
137	137	declines to serve, the governing body of the city shall appoint an
138	138	alternate director in the manner provided by Subsection (c). If the
139	139	county judge of the county declines to serve, the county shall
140	140	appoint an alternate director in the manner provided by Subsection
141	141	(c).
142	142	(f) A director described by Subsection (d) may not
143	143	participate in a discussion of or vote on a matter regarding a
144	144	contract with the political subdivision for which the person serves
145	145	as an officer.
146	146	Sec. 3797.0203. NONVOTING DIRECTORS. The board may appoint
147	147	representatives of taxing entities in the district to serve as
148	148	nonvoting directors.
149	149	Sec. 3797.0204. INITIAL DIRECTORS. (a) The initial board
150	150	consists of the following directors:
151	151	Pos. No. Name of Director Pos. No. Name of Director
152	152	Pos. No. Name of Director
153	153	1 John Ferguson 1 John Ferguson
154	154	1 John Ferguson
155	155	2 Tom Davis 2 Tom Davis
156	156	2 Tom Davis
157	157	3 Scott Beasley 3 Scott Beasley
158	158	3 Scott Beasley
159	159	4 Cesar Baeza 4 Cesar Baeza
160	160	4 Cesar Baeza
161	161	5 Joe Portillo 5 Joe Portillo
162	162	5 Joe Portillo
163	163	6 Isela Nunez 6 Isela Nunez
164	164	6 Isela Nunez
165	165	7 Sergio Mendoza Vidal 7 Sergio Mendoza Vidal
166	166	7 Sergio Mendoza Vidal
167	167	(b) Of the initial directors, the terms of directors
168	168	appointed for positions one through four expire June 1, 2025, and
169	169	the terms of directors appointed for positions five through seven
170	170	expire June 1, 2027.
171	171	(c) Section 3797.0202 does not apply to initial directors
172	172	appointed by this section.
173	173	(d) This section expires September 1, 2027.
174	174	SUBCHAPTER C. POWERS AND DUTIES
175	175	Sec. 3797.0301. GENERAL POWERS AND DUTIES. (a) The
176	176	district has the powers and duties necessary to accomplish the
177	177	purposes for which the district is created.
178	178	(b) Section 375.092(e), Local Government Code, applies to
179	179	real property located inside or outside the district.
180	180	Sec. 3797.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
181	181	The district, using any money available to the district for the
182	182	purpose, may provide, design, construct, acquire, improve,
183	183	relocate, operate, maintain, or finance an improvement project or
184	184	service authorized under this chapter or Chapter 375, Local
185	185	Government Code.
186	186	(b) The district may contract with a governmental or private
187	187	entity to carry out an action under Subsection (a).
188	188	(c) The implementation of a district project or service is a
189	189	governmental function or service for the purposes of Chapter 791,
190	190	Government Code.
191	191	(d) The county, the school district, the Big Bend Regional
192	192	Hospital District, and any other local government or political
193	193	subdivision may contract with the district to provide for
194	194	financing, construction, maintenance, and operation of public
195	195	infrastructure or to carry out a district purpose.
196	196	(e) The district may not undertake a project on land owned
197	197	by the city unless the city consents to the project.
198	198	Sec. 3797.0303. NONPROFIT CORPORATION. (a) The board by
199	199	resolution may authorize the creation of a nonprofit corporation to
200	200	assist and act for the district in implementing a project or
201	201	providing a service authorized by this chapter.
202	202	(b) The nonprofit corporation:
203	203	(1) has each power of and is considered to be a local
204	204	government corporation created under Subchapter D, Chapter 431,
205	205	Transportation Code; and
206	206	(2) may implement any project and provide any service
207	207	authorized by this chapter.
208	208	(c) The board shall appoint the board of directors of the
209	209	nonprofit corporation. The board of directors of the nonprofit
210	210	corporation shall serve in the same manner as the board of directors
211	211	of a local government corporation created under Subchapter D,
212	212	Chapter 431, Transportation Code, except that a board member is not
213	213	required to reside in the district.
214	214	Sec. 3797.0304. AUTHORITY TO CONTRACT FOR PUBLIC SAFETY
215	215	SERVICES. To protect the public interest, the district may
216	216	contract with a qualified party, including a municipality, the
217	217	county, or any other governmental entity to provide law
218	218	enforcement, public safety, fire protection, ambulance, emergency,
219	219	or code enforcement services in the district for a fee.
220	220	Sec. 3797.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
221	221	The district may join and pay dues to a charitable or nonprofit
222	222	organization that performs a service or provides an activity
223	223	consistent with the furtherance of a district purpose.
224	224	Sec. 3797.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
225	225	district may engage in activities that accomplish the economic
226	226	development purposes of the district.
227	227	(b) The district may establish and provide for the
228	228	administration of one or more programs to promote state or local
229	229	economic development and to stimulate business and commercial
230	230	activity in the district, including programs to:
231	231	(1) make loans and grants of public money; and
232	232	(2) provide district personnel and services.
233	233	(c) The district may create economic development programs
234	234	and exercise the economic development powers provided to
235	235	municipalities by:
236	236	(1) Chapter 380, Local Government Code; and
237	237	(2) Subchapter A, Chapter 1509, Government Code.
238	238	Sec. 3797.0307. PARKING FACILITIES. (a) The district may
239	239	acquire, lease as lessor or lessee, construct, develop, own,
240	240	operate, and maintain parking facilities or a system of parking
241	241	facilities, including lots, garages, parking terminals, or other
242	242	structures or accommodations for parking motor vehicles off the
243	243	streets and related appurtenances.
244	244	(b) The district's parking facilities serve the public
245	245	purposes of the district and are owned, used, and held for a public
246	246	purpose even if leased or operated by a private entity for a term of
247	247	years.
248	248	(c) The district's parking facilities are parts of and
249	249	necessary components of a street and are considered to be a street
250	250	or road improvement.
251	251	(d) The development and operation of the district's parking
252	252	facilities may be considered an economic development program.
253	253	Sec. 3797.0308. INTERNATIONAL BORDER FACILITIES. (a) The
254	254	district may operate and maintain a port of entry in the district.
255	255	(b) The district may acquire, lease as lessor or lessee,
256	256	construct, develop, own, operate, and maintain bridge facilities, a
257	257	system of international border crossing points, or other structures
258	258	or accommodations facilitating international trade and related
259	259	appurtenances.
260	260	(c) The facilities described by this section serve the
261	261	public purposes of the district and are owned, used, and held for a
262	262	public purpose even if leased or operated by a private entity for a
263	263	term of years.
264	264	(d) The district's bridge facilities are parts of and
265	265	necessary components of a street and are considered to be a street
266	266	or road improvement.
267	267	(e) The development and operation of the facilities
268	268	described by this section may be considered an economic development
269	269	program.
270	270	Sec. 3797.0309. RAIL FACILITIES. (a) The district may
271	271	acquire, lease as lessor or lessee, construct, develop, own,
272	272	operate, and maintain rail facilities, and related appurtenances,
273	273	to facilitate international trade.
274	274	(b) The district's rail facilities serve the public
275	275	purposes of the district and are owned, used, and held for a public
276	276	purpose even if leased or operated by a private entity for a term of
277	277	years.
278	278	(c) The development and operation of the district's rail
279	279	facilities may be considered an economic development program.
280	280	Sec. 3797.0310. TRANSPORTATION FACILITIES. (a) The
281	281	district may acquire, lease as lessor or lessee, construct,
282	282	develop, own, operate, and maintain facilities related to air
283	283	transportation and intermodal facilities.
284	284	(b) The district's air transportation and intermodal
285	285	facilities serve the public purposes of the district and are owned,
286	286	used, and held for a public purpose even if leased or operated by a
287	287	private entity for a term of years.
288	288	(c) The development and operation of the district's air
289	289	transportation and intermodal facilities may be considered an
290	290	economic development program.
291	291	Sec. 3797.0311. REGIONAL MOBILITY AUTHORITY POWERS. The
292	292	district may exercise the transportation project powers of a
293	293	regional mobility authority under Chapter 370, Transportation
294	294	Code, for a transportation project, as defined by Section 370.003,
295	295	Transportation Code.
296	296	Sec. 3797.0312. FEES. The district may establish and
297	297	maintain reasonable and nondiscriminatory rates, fares, charges,
298	298	rents, or other fees or compensation for the use of facilities
299	299	constructed, operated, or maintained by the district.
300	300	Sec. 3797.0313. FOREIGN TRADE ZONE. (a) In this section,
301	301	"foreign trade zone" has the meaning assigned by Section 681.001,
302	302	Business & Commerce Code.
303	303	(b) The district may apply for, accept a grant of authority
304	304	to, and establish, operate, and maintain a foreign trade zone,
305	305	including the selection and description of the foreign trade zone
306	306	and subzones.
307	307	(c) An authorization under this section is subject to the
308	308	requirements of federal law and regulations established to carry
309	309	out the provisions of the Foreign Trade Zones Act (19 U.S.C. Section
310	310	81a et seq.).
311	311	Sec. 3797.0314. ADDING OR EXCLUDING LAND. The district may
312	312	add or exclude land in the manner provided by Subchapter J, Chapter
313	313	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
314	314	Sec. 3797.0315. DISBURSEMENTS AND TRANSFERS OF MONEY. The
315	315	board by resolution shall establish the number of directors'
316	316	signatures and the procedure required for a disbursement or
317	317	transfer of district money.
318	318	Sec. 3797.0316. RESIDENTIAL PROPERTY NOT EXEMPT. Section
319	319	375.161, Local Government Code, does not apply to the district.
320	320	Sec. 3797.0317. NO EMINENT DOMAIN POWER. The district may
321	321	not exercise the power of eminent domain.
322	322	SUBCHAPTER D. ASSESSMENTS
323	323	Sec. 3797.0401. PETITION REQUIRED FOR FINANCING SERVICES
324	324	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
325	325	service or improvement project with assessments under this chapter
326	326	unless a written petition requesting that service or improvement
327	327	has been filed with the board.
328	328	(b) A petition filed under Subsection (a) must be signed by
329	329	the owners of a majority of the assessed value of real property in
330	330	the district subject to assessment according to the most recent
331	331	certified tax appraisal roll for the county.
332	332	Sec. 3797.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
333	333	The board by resolution may impose and collect an assessment for any
334	334	purpose authorized by this chapter in all or any part of the
335	335	district.
336	336	(b) An assessment, a reassessment, or an assessment
337	337	resulting from an addition to or correction of the assessment roll
338	338	by the district, penalties and interest on an assessment or
339	339	reassessment, an expense of collection, and reasonable attorney's
340	340	fees incurred by the district:
341	341	(1) are a first and prior lien against the property
342	342	assessed;
343	343	(2) are superior to any other lien or claim other than
344	344	a lien or claim for county, school district, or municipal ad valorem
345	345	taxes; and
346	346	(3) are the personal liability of and a charge against
347	347	the owners of the property even if the owners are not named in the
348	348	assessment proceedings.
349	349	(c) The lien is effective from the date of the board's
350	350	resolution imposing the assessment until the date the assessment is
351	351	paid. The board may enforce the lien in the same manner that the
352	352	board may enforce an ad valorem tax lien against real property.
353	353	(d) The board may make a correction to or deletion from the
354	354	assessment roll that does not increase the amount of assessment of
355	355	any parcel of land without providing notice and holding a hearing in
356	356	the manner required for additional assessments.
357	357	SUBCHAPTER E. TAXES AND BONDS
358	358	Sec. 3797.0501. TAX ELECTION REQUIRED. The district must
359	359	hold an election in the manner provided by Chapter 49, Water Code,
360	360	or, if applicable, Chapter 375, Local Government Code, to obtain
361	361	voter approval before the district may impose an ad valorem tax.
362	362	Sec. 3797.0502. OPERATION AND MAINTENANCE TAX. (a) If
363	363	authorized by a majority of the district voters voting at an
364	364	election under Section 3797.0501, the district may impose an
365	365	operation and maintenance tax on taxable property in the district
366	366	in the manner provided by Section 49.107, Water Code, for any
367	367	district purpose, including to:
368	368	(1) maintain and operate the district;
369	369	(2) construct or acquire improvements; or
370	370	(3) provide a service.
371	371	(b) The board shall determine the operation and maintenance
372	372	tax rate. The rate may not exceed the rate approved at the
373	373	election.
374	374	Sec. 3797.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
375	375	BONDS. (a) The district may borrow money on terms determined by
376	376	the board.
377	377	(b) The district may issue bonds, notes, or other
378	378	obligations payable wholly or partly from ad valorem taxes,
379	379	assessments, impact fees, revenue, contract payments, grants, or
380	380	other district money, or any combination of those sources of money,
381	381	to pay for any authorized district purpose.
382	382	Sec. 3797.0504. BONDS SECURED BY REVENUE OR CONTRACT
383	383	PAYMENTS. The district may issue, without an election, bonds
384	384	secured by:
385	385	(1) revenue other than ad valorem taxes, including
386	386	contract revenues; or
387	387	(2) contract payments, provided that the requirements
388	388	of Section 49.108, Water Code, have been met.
389	389	Sec. 3797.0505. BONDS SECURED BY AD VALOREM TAXES;
390	390	ELECTIONS. (a) If authorized at an election under Section
391	391	3797.0501, the district may issue bonds payable from ad valorem
392	392	taxes.
393	393	(b) Section 375.243, Local Government Code, does not apply
394	394	to the district.
395	395	(c) At the time the district issues bonds payable wholly or
396	396	partly from ad valorem taxes, the board shall provide for the annual
397	397	imposition of a continuing direct annual ad valorem tax, without
398	398	limit as to rate or amount, for each year that all or part of the
399	399	bonds are outstanding as required and in the manner provided by
400	400	Sections 54.601 and 54.602, Water Code.
401	401	(d) All or any part of any facilities or improvements that
402	402	may be acquired by a district by the issuance of its bonds may be
403	403	submitted as a single proposition or as several propositions to be
404	404	voted on at the election.
405	405	Sec. 3797.0506. CONSENT OF CITY REQUIRED. (a) The board
406	406	may not issue bonds until the city has consented by ordinance or
407	407	resolution to the creation of the district and to the inclusion of
408	408	municipal territory in the district.
409	409	(b) This section applies only to the district's first
410	410	issuance of bonds payable from ad valorem taxes.
411	411	SUBCHAPTER F. DEFINED AREAS
412	412	Sec. 3797.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR
413	413	DESIGNATED PROPERTY. The district may define areas or designate
414	414	certain property of the district to pay for improvements,
415	415	facilities, or services that primarily benefit that area or
416	416	property and do not generally and directly benefit the district as a
417	417	whole.
418	418	Sec. 3797.0602. PROCEDURE FOR ELECTION. (a) Before the
419	419	district may impose an ad valorem tax applicable only to the defined
420	420	area or designated property or issue bonds payable from ad valorem
421	421	taxes of the defined area or designated property, the board shall
422	422	hold an election in the defined area or designated property only.
423	423	(b) The board may submit the proposition to the voters on
424	424	the same ballot to be used in another election.
425	425	Sec. 3797.0603. DECLARING RESULT AND ISSUING ORDER. (a) If
426	426	a majority of the voters voting at an election held under Section
427	427	3797.0602 approve the proposition or propositions, the board shall
428	428	declare the results and, by order, shall establish the defined area
429	429	or designated property and describe it by metes and bounds or
430	430	designate the specific area or property.
431	431	(b) A court may not review the board's order except on the
432	432	ground of fraud, palpable error, or arbitrary and confiscatory
433	433	abuse of discretion.
434	434	Sec. 3797.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND
435	435	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
436	436	approval and adoption of an order described by Section 3797.0603,
437	437	the district may apply separately, differently, equitably, and
438	438	specifically its taxing power and lien authority to the defined
439	439	area or designated property to provide money to construct,
440	440	administer, maintain, and operate services, improvements, and
441	441	facilities that primarily benefit the defined area or designated
442	442	property.
443	443	Sec. 3797.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR
444	444	DESIGNATED PROPERTY. After an order under Section 3797.0603 is
445	445	adopted, the district may issue bonds to provide for any land,
446	446	improvements, facilities, plants, equipment, and appliances for
447	447	the defined area or designated property.
448	448	SUBCHAPTER I. DISSOLUTION
449	449	Sec. 3797.0901. DISSOLUTION. (a) The board shall dissolve
450	450	the district on written petition filed with the board by the owners
451	451	of:
452	452	(1) 66 percent or more of the assessed value of the
453	453	property subject to assessment by the district based on the most
454	454	recent certified county property tax rolls; or
455	455	(2) 66 percent or more of the surface area of the
456	456	district, excluding roads, streets, highways, utility
457	457	rights-of-way, other public areas, and other property exempt from
458	458	assessment by the district according to the most recent certified
459	459	county property tax rolls.
460	460	(b) The board by majority vote may dissolve the district at
461	461	any time.
462	462	(c) The district may not be dissolved by its board under
463	463	Subsection (a) or (b) if the district:
464	464	(1) has any outstanding bonded indebtedness until that
465	465	bonded indebtedness has been repaid or defeased in accordance with
466	466	the order or resolution authorizing the issuance of the bonds;
467	467	(2) has a contractual obligation to pay money until
468	468	that obligation has been fully paid in accordance with the
469	469	contract; or
470	470	(3) owns, operates, or maintains public works,
471	471	facilities, or improvements unless the district contracts with
472	472	another person for the ownership, operation, or maintenance of the
473	473	public works, facilities, or improvements.
474	474	(d) Sections 375.261, 375.262, and 375.264, Local
475	475	Government Code, do not apply to the district.
476	476	SECTION 2. (a) The legal notice of the intention to
477	477	introduce this Act, setting forth the general substance of this
478	478	Act, has been published as provided by law, and the notice and a
479	479	copy of this Act have been furnished to all persons, agencies,
480	480	officials, or entities to which they are required to be furnished
481	481	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
482	482	Government Code.
483	483	(b) The governor, one of the required recipients, has
484	484	submitted the notice and Act to the Texas Commission on
485	485	Environmental Quality.
486	486	(c) The Texas Commission on Environmental Quality has filed
487	487	its recommendations relating to this Act with the governor,
488	488	lieutenant governor, and speaker of the house of representatives
489	489	within the required time.
490	490	(d) All requirements of the constitution and laws of this
491	491	state and the rules and procedures of the legislature with respect
492	492	to the notice, introduction, and passage of this Act have been
493	493	fulfilled and accomplished.
494	494	SECTION 3. This Act takes effect September 1, 2023.
495	495
496	496	Pos. No. Name of Director
497	497
498	498	1 John Ferguson
499	499
500	500	2 Tom Davis
501	501
502	502	3 Scott Beasley
503	503
504	504	4 Cesar Baeza
505	505
506	506	5 Joe Portillo
507	507
508	508	6 Isela Nunez
509	509
510	510	7 Sergio Mendoza Vidal