Texas 2025 - 89th Regular

Texas House Bill HB5677 Compare Versions

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

Old	New	Differences
1	1	89R12621 JXC-F
2	2	By: Cole H.B. No. 5677
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6	6
7	7	A BILL TO BE ENTITLED
8	8	relating to the creation of the Pura Vida Municipal Management
9	9	District No. 1; providing authority to issue bonds; providing
10	10	authority to impose assessments, fees, and taxes; granting a
11	11	limited power of eminent domain.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 4013 to read as follows:
15	15	CHAPTER 4013. PURA VIDA MUNICIPAL MANAGEMENT DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 4013.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Mustang Ridge.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Pura Vida Municipal
22	22	Management District No. 1.
23	23	Sec. 4013.0102. NATURE OF DISTRICT. The Pura Vida
24	24	Municipal Management District No. 1 is a special district created
25	25	under Section 59, Article XVI, Texas Constitution.
26	26	Sec. 4013.0103. PURPOSE; DECLARATION OF INTENT. (a) The
27	27	creation of the district is essential to accomplish the purposes of
28	28	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
29	29	Texas Constitution, and other public purposes stated in this
30	30	chapter.
31	31	(b) By creating the district and in authorizing the city and
32	32	other political subdivisions to contract with the district, the
33	33	legislature has established a program to accomplish the public
34	34	purposes set out in Section 52-a, Article III, Texas Constitution.
35	35	(c) The creation of the district is necessary to promote,
36	36	develop, encourage, and maintain employment, commerce,
37	37	transportation, housing, tourism, recreation, the arts,
38	38	entertainment, economic development, safety, and the public
39	39	welfare in the district.
40	40	(d) This chapter and the creation of the district may not be
41	41	interpreted to relieve the city from providing the level of
42	42	services provided as of the effective date of the Act enacting this
43	43	chapter to the area in the district. The district is created to
44	44	supplement and not to supplant city services provided in the
45	45	district.
46	46	Sec. 4013.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
47	47	(a) All land and other property included in the district will
48	48	benefit from the improvements and services to be provided by the
49	49	district under powers conferred by Sections 52 and 52-a, Article
50	50	III, and Section 59, Article XVI, Texas Constitution, and other
51	51	powers granted under this chapter.
52	52	(b) The district is created to serve a public use and
53	53	benefit.
54	54	(c) The creation of the district is in the public interest
55	55	and is essential to further the public purposes of:
56	56	(1) developing and diversifying the economy of the
57	57	state;
58	58	(2) eliminating unemployment and underemployment; and
59	59	(3) developing or expanding transportation and
60	60	commerce.
61	61	(d) The district will:
62	62	(1) promote the health, safety, and general welfare of
63	63	residents, employers, potential employees, employees, visitors,
64	64	and consumers in the district, and of the public;
65	65	(2) provide needed funding for the district to
66	66	preserve, maintain, and enhance the economic health and vitality of
67	67	the district territory as a community and business center;
68	68	(3) promote the health, safety, welfare, and enjoyment
69	69	of the public by providing pedestrian ways and by landscaping and
70	70	developing certain areas in the district, which are necessary for
71	71	the restoration, preservation, and enhancement of scenic beauty;
72	72	and
73	73	(4) provide for water, wastewater, drainage, road, and
74	74	recreational facilities for the district.
75	75	(e) Pedestrian ways along or across a street, whether at
76	76	grade or above or below the surface, and street lighting, street
77	77	landscaping, parking, and street art objects are parts of and
78	78	necessary components of a street and are considered to be a street
79	79	or road improvement.
80	80	(f) The district will not act as the agent or
81	81	instrumentality of any private interest even though the district
82	82	will benefit many private interests as well as the public.
83	83	Sec. 4013.0105. INITIAL DISTRICT TERRITORY. (a) The
84	84	district is initially composed of the territory described by
85	85	Section 2 of the Act enacting this chapter.
86	86	(b) The boundaries and field notes contained in Section 2 of
87	87	the Act enacting this chapter form a closure. A mistake in the
88	88	field notes or in copying the field notes in the legislative process
89	89	does not affect the district's:
90	90	(1) organization, existence, or validity;
91	91	(2) right to issue any type of bonds for the purposes
92	92	for which the district is created or to pay the principal of and
93	93	interest on the bonds;
94	94	(3) right to impose or collect an assessment or tax; or
95	95	(4) legality or operation.
96	96	Sec. 4013.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
97	97	All or any part of the area of the district is eligible to be
98	98	included in:
99	99	(1) a tax increment reinvestment zone created under
100	100	Chapter 311, Tax Code; or
101	101	(2) a tax abatement reinvestment zone created under
102	102	Chapter 312, Tax Code.
103	103	Sec. 4013.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
104	104	DISTRICTS LAW. Except as otherwise provided by this chapter,
105	105	Chapter 375, Local Government Code, applies to the district.
106	106	Sec. 4013.0108. CONSTRUCTION OF CHAPTER. This chapter
107	107	shall be liberally construed in conformity with the findings and
108	108	purposes stated in this chapter.
109	109	SUBCHAPTER B. BOARD OF DIRECTORS
110	110	Sec. 4013.0201. GOVERNING BODY; TERMS. (a) The district is
111	111	governed by a board of five elected directors who serve staggered
112	112	terms of four years.
113	113	(b) Directors are elected in the manner provided by
114	114	Subchapter D, Chapter 49, Water Code.
115	115	Sec. 4013.0202. COMPENSATION; EXPENSES. (a) The district
116	116	may compensate each director in an amount not to exceed $150 for
117	117	each board meeting. The total amount of compensation for each
118	118	director in one year may not exceed $7,200.
119	119	(b) A director is entitled to reimbursement for necessary
120	120	and reasonable expenses incurred in carrying out the duties and
121	121	responsibilities of the board.
122	122	(c) Sections 375.069 and 375.070, Local Government Code, do
123	123	not apply to the board.
124	124	Sec. 4013.0203. TEMPORARY DIRECTORS. (a) On or after the
125	125	effective date of the Act enacting this chapter, the owner or owners
126	126	of a majority of the assessed value of the real property in the
127	127	district according to the most recent certified county tax
128	128	appraisal roll may submit a petition to the Texas Commission on
129	129	Environmental Quality requesting that the commission appoint as
130	130	temporary directors the five persons named in the petition. The
131	131	commission shall appoint as temporary directors the five persons
132	132	named in the petition.
133	133	(b) The temporary or successor temporary directors shall
134	134	hold an election to elect five permanent directors as provided by
135	135	Section 4013.0201.
136	136	(c) Temporary directors serve until the earlier of:
137	137	(1) the date permanent directors are elected under
138	138	Subsection (b); or
139	139	(2) the fourth anniversary of the effective date of
140	140	the Act enacting this chapter.
141	141	(d) If permanent directors have not been elected under
142	142	Subsection (b) and the terms of the temporary directors have
143	143	expired, successor temporary directors shall be appointed or
144	144	reappointed as provided by Subsection (e) to serve terms that
145	145	expire on the earlier of:
146	146	(1) the date permanent directors are elected under
147	147	Subsection (b); or
148	148	(2) the fourth anniversary of the date of the
149	149	appointment or reappointment.
150	150	(e) If Subsection (d) applies, the owner or owners of a
151	151	majority of the assessed value of the real property in the district
152	152	according to the most recent certified county tax appraisal roll
153	153	may submit a petition to the Texas Commission on Environmental
154	154	Quality requesting that the commission appoint as successor
155	155	temporary directors the five persons named in the petition. The
156	156	commission shall appoint as successor temporary directors the five
157	157	persons named in the petition.
158	158	SUBCHAPTER C. POWERS AND DUTIES
159	159	Sec. 4013.0301. GENERAL POWERS AND DUTIES. The district
160	160	has the powers and duties necessary to accomplish the purposes for
161	161	which the district is created.
162	162	Sec. 4013.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
163	163	district, using any money available to the district for the
164	164	purpose, may provide, design, construct, acquire, improve,
165	165	relocate, operate, maintain, or finance an improvement project or
166	166	service authorized under this chapter or Chapter 375, Local
167	167	Government Code.
168	168	(b) The district may contract with a governmental or private
169	169	entity to carry out an action under Subsection (a).
170	170	(c) The implementation of a district project or service is a
171	171	governmental function or service for the purposes of Chapter 791,
172	172	Government Code.
173	173	Sec. 4013.0303. NONPROFIT CORPORATION. (a) The board by
174	174	resolution may authorize the creation of a nonprofit corporation to
175	175	assist and act for the district in implementing a project or
176	176	providing a service authorized by this chapter.
177	177	(b) The nonprofit corporation:
178	178	(1) has each power of and is considered to be a local
179	179	government corporation created under Subchapter D, Chapter 431,
180	180	Transportation Code; and
181	181	(2) may implement any project and provide any service
182	182	authorized by this chapter.
183	183	(c) The board shall appoint the board of directors of the
184	184	nonprofit corporation. The board of directors of the nonprofit
185	185	corporation shall serve in the same manner as the board of directors
186	186	of a local government corporation created under Subchapter D,
187	187	Chapter 431, Transportation Code, except that a board member is not
188	188	required to reside in the district.
189	189	Sec. 4013.0304. LAW ENFORCEMENT SERVICES. To protect the
190	190	public interest, the district may contract with a qualified party,
191	191	including the city, to provide additional law enforcement services
192	192	in the district for a fee.
193	193	Sec. 4013.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
194	194	The district may join and pay dues to a charitable or nonprofit
195	195	organization that performs a service or provides an activity
196	196	consistent with the furtherance of a district purpose.
197	197	Sec. 4013.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
198	198	district may engage in activities that accomplish the economic
199	199	development purposes of the district.
200	200	(b) The district may establish and provide for the
201	201	administration of one or more programs to promote state or local
202	202	economic development and to stimulate business and commercial
203	203	activity in the district, including programs to:
204	204	(1) make loans and grants of public money; and
205	205	(2) provide district personnel and services.
206	206	(c) The district may create economic development programs
207	207	and exercise the economic development powers provided to
208	208	municipalities by:
209	209	(1) Chapter 380, Local Government Code; and
210	210	(2) Subchapter A, Chapter 1509, Government Code.
211	211	Sec. 4013.0307. PARKING FACILITIES. (a) The district may
212	212	acquire, lease as lessor or lessee, construct, develop, own,
213	213	operate, and maintain parking facilities or a system of parking
214	214	facilities, including lots, garages, parking terminals, or other
215	215	structures or accommodations for parking motor vehicles off the
216	216	streets and related appurtenances.
217	217	(b) The district's parking facilities serve the public
218	218	purposes of the district and are owned, used, and held for a public
219	219	purpose even if leased or operated by a private entity for a term of
220	220	years.
221	221	(c) The district's parking facilities are parts of and
222	222	necessary components of a street and are considered to be a street
223	223	or road improvement.
224	224	(d) The development and operation of the district's parking
225	225	facilities may be considered an economic development program.
226	226	Sec. 4013.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
227	227	board by resolution shall establish the number of directors'
228	228	signatures and the procedure required for a disbursement or
229	229	transfer of district money.
230	230	Sec. 4013.0309. ADDING OR EXCLUDING LAND. Except as
231	231	provided by Section 4013.0310, the district may add or exclude land
232	232	in the manner provided by Subchapter J, Chapter 49, Water Code, or
233	233	by Subchapter H, Chapter 54, Water Code.
234	234	Sec. 4013.0310. DIVISION OF DISTRICT. (a) The district may
235	235	be divided into two or more new districts only if the district:
236	236	(1) has no outstanding bonded debt; and
237	237	(2) is not imposing ad valorem taxes.
238	238	(b) This chapter applies to any new district created by the
239	239	division of the district, and a new district has all the powers and
240	240	duties of the district.
241	241	(c) Any new district created by the division of the district
242	242	may not, at the time the new district is created, contain any land
243	243	outside the area described by Section 2 of the Act enacting this
244	244	chapter.
245	245	(d) The board, on its own motion or on receipt of a petition
246	246	signed by the owner or owners of a majority of the assessed value of
247	247	the real property in the district, may adopt an order dividing the
248	248	district.
249	249	(e) An order dividing the district must:
250	250	(1) name each new district;
251	251	(2) include the metes and bounds description of the
252	252	territory of each new district;
253	253	(3) appoint initial directors for each new district;
254	254	and
255	255	(4) provide for the division of assets and liabilities
256	256	between or among the new districts.
257	257	(f) On or before the 30th day after the date of adoption of
258	258	an order dividing the district, the district shall file the order
259	259	with the Texas Commission on Environmental Quality and record the
260	260	order in the real property records of each county in which the
261	261	district is located.
262	262	(g) Any new district created by the division of the district
263	263	must hold an election as required by this chapter to obtain voter
264	264	approval before the district may impose a maintenance tax or issue
265	265	bonds payable wholly or partly from ad valorem taxes.
266	266	(h) Municipal consent to the creation of the district and to
267	267	the inclusion of land in the district granted under Section
268	268	4013.0506 acts as municipal consent to the creation of any new
269	269	district created by the division of the district and to the
270	270	inclusion of land in the new district.
271	271	Sec. 4013.0311. EMINENT DOMAIN. The district may exercise
272	272	the power of eminent domain in the manner provided by Section
273	273	49.222, Water Code.
274	274	SUBCHAPTER D. ASSESSMENTS
275	275	Sec. 4013.0401. PETITION REQUIRED FOR FINANCING SERVICES
276	276	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
277	277	service or improvement project with assessments under this chapter
278	278	unless a written petition requesting that service or improvement
279	279	has been filed with the board.
280	280	(b) A petition filed under Subsection (a) must be signed by
281	281	the owners of a majority of the assessed value of real property in
282	282	the district subject to assessment according to the most recent
283	283	certified county tax appraisal roll.
284	284	Sec. 4013.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
285	285	The board by resolution may impose and collect an assessment for any
286	286	purpose authorized by this chapter in all or any part of the
287	287	district.
288	288	(b) An assessment, a reassessment, or an assessment
289	289	resulting from an addition to or correction of the assessment roll
290	290	by the district, penalties and interest on an assessment or
291	291	reassessment, an expense of collection, and reasonable attorney's
292	292	fees incurred by the district:
293	293	(1) are a first and prior lien against the property
294	294	assessed;
295	295	(2) are superior to any other lien or claim other than
296	296	a lien or claim for county, school district, or municipal ad valorem
297	297	taxes; and
298	298	(3) are the personal liability of and a charge against
299	299	the owners of the property even if the owners are not named in the
300	300	assessment proceedings.
301	301	(c) The lien is effective from the date of the board's
302	302	resolution imposing the assessment until the date the assessment is
303	303	paid. The board may enforce the lien in the same manner that the
304	304	board may enforce an ad valorem tax lien against real property.
305	305	(d) The board may make a correction to or deletion from the
306	306	assessment roll that does not increase the amount of assessment of
307	307	any parcel of land without providing notice and holding a hearing in
308	308	the manner required for additional assessments.
309	309	SUBCHAPTER E. TAXES AND BONDS
310	310	Sec. 4013.0501. TAX ELECTION REQUIRED. (a) The district
311	311	must hold an election in the manner provided by Chapter 49, Water
312	312	Code, or, if applicable, Chapter 375, Local Government Code, to
313	313	obtain voter approval before the district may impose an ad valorem
314	314	tax.
315	315	(b) Section 375.243, Local Government Code, does not apply
316	316	to the district.
317	317	Sec. 4013.0502. OPERATION AND MAINTENANCE TAX. (a) If
318	318	authorized by a majority of the district voters voting at an
319	319	election under Section 4013.0501, the district may impose an
320	320	operation and maintenance tax on taxable property in the district
321	321	in the manner provided by Section 49.107, Water Code, for any
322	322	district purpose, including to:
323	323	(1) maintain and operate the district;
324	324	(2) construct or acquire improvements; or
325	325	(3) provide a service.
326	326	(b) The board shall determine the operation and maintenance
327	327	tax rate. The rate may not exceed the rate approved at the
328	328	election.
329	329	Sec. 4013.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
330	330	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
331	331	terms determined by the board.
332	332	(b) The district may issue, by public or private sale,
333	333	bonds, notes, or other obligations payable wholly or partly from ad
334	334	valorem taxes, assessments, impact fees, revenue, contract
335	335	payments, grants, or other district money, or any combination of
336	336	those sources of money, to pay for any authorized district purpose.
337	337	(c) The limitation on the outstanding principal amount of
338	338	bonds, notes, or other obligations provided by Section 49.4645,
339	339	Water Code, does not apply to the district.
340	340	(d) The district may issue, by public or private sale,
341	341	bonds, notes, or other obligations payable wholly or partly from
342	342	assessments in the manner provided by Subchapter A, Chapter 372,
343	343	Local Government Code, if the improvement financed by the
344	344	obligation issued under this section will be conveyed to or
345	345	operated and maintained by a municipality or other retail utility
346	346	provider pursuant to an agreement with the district entered into
347	347	before the issuance of the obligation.
348	348	Sec. 4013.0504. BONDS SECURED BY REVENUE OR CONTRACT
349	349	PAYMENTS. The district may issue, without an election, bonds
350	350	secured by:
351	351	(1) revenue other than ad valorem taxes, including
352	352	contract revenues; or
353	353	(2) contract payments, provided that the requirements
354	354	of Section 49.108, Water Code, have been met.
355	355	Sec. 4013.0505. BONDS SECURED BY AD VALOREM TAXES;
356	356	ELECTIONS. (a) If authorized at an election under Section
357	357	4013.0501, the district may issue bonds payable from ad valorem
358	358	taxes.
359	359	(b) At the time the district issues bonds payable wholly or
360	360	partly from ad valorem taxes, the board shall provide for the annual
361	361	imposition of a continuing direct annual ad valorem tax, without
362	362	limit as to rate or amount, for each year that all or part of the
363	363	bonds are outstanding as required and in the manner provided by
364	364	Sections 54.601 and 54.602, Water Code.
365	365	(c) All or any part of any facilities or improvements that
366	366	may be acquired by a district by the issuance of its bonds may be
367	367	submitted as a single proposition or as several propositions to be
368	368	voted on at the election.
369	369	Sec. 4013.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
370	370	board may not issue bonds until each municipality in whose
371	371	corporate limits or extraterritorial jurisdiction the district is
372	372	located has consented by ordinance or resolution to the creation of
373	373	the district and to the inclusion of land in the district as
374	374	required by applicable law.
375	375	(b) This section applies only to the district's first
376	376	issuance of bonds payable from ad valorem taxes.
377	377	SUBCHAPTER F. SALES AND USE TAX
378	378	Sec. 4013.0601. MEANINGS OF WORDS AND PHRASES. A word or
379	379	phrase used in this subchapter that is defined by Chapter 151 or
380	380	321, Tax Code, has the meaning assigned by Chapter 151 or 321, Tax
381	381	Code.
382	382	Sec. 4013.0602. APPLICABILITY OF CERTAIN TAX CODE
383	383	PROVISIONS. (a) The provisions of Subchapters C, D, E, and F,
384	384	Chapter 323, Tax Code, relating to county sales and use taxes apply
385	385	to the application, collection, and administration of a sales and
386	386	use tax imposed under this subchapter to the extent consistent with
387	387	this chapter, as if references in Chapter 323, Tax Code, to a county
388	388	referred to the district and references to a commissioners court
389	389	referred to the board.
390	390	(b) Sections 323.401-323.404 and 323.505, Tax Code, do not
391	391	apply to a tax imposed under this subchapter.
392	392	Sec. 4013.0603. AUTHORIZATION; ELECTION. (a) The district
393	393	shall adopt, reduce, or repeal the sales and use tax authorized by
394	394	this subchapter at an election in which a majority of the voters of
395	395	the district voting in the election approve the adoption,
396	396	reduction, or repeal of the tax, as applicable.
397	397	(b) The board by order shall call an election to adopt,
398	398	reduce, or repeal a sales and use tax. The election shall be held on
399	399	the first authorized uniform election date that occurs after the
400	400	time required by Section 3.005, Election Code.
401	401	(c) The district shall provide notice of the election and
402	402	shall hold the election in the manner prescribed by Chapter 54,
403	403	Water Code, for bond elections for municipal utility districts.
404	404	(d) The ballots shall be printed to provide for voting for
405	405	or against the following appropriate proposition:
406	406	(1) "Adoption of a ___ percent district sales and use
407	407	tax in the district";
408	408	(2) "Reduction of the district sales and use tax in the
409	409	district from ___ percent to ___ percent"; or
410	410	(3) "Repeal of the district sales and use tax in the
411	411	district."
412	412	Sec. 4013.0604. EFFECTIVE DATE OF TAX. A tax imposed under
413	413	this subchapter or the repeal or reduction of a tax under this
414	414	subchapter takes effect on the first day of the first calendar
415	415	quarter that occurs after the date the comptroller receives the
416	416	copy of the resolution as required by Section 323.405(b), Tax Code.
417	417	Sec. 4013.0605. SALES AND USE TAX RATE. (a) On adoption
418	418	of the tax authorized by this subchapter, there is imposed a tax of
419	419	two percent, or the maximum rate at which the combined tax rate of
420	420	all local sales and use taxes in any location in the district does
421	421	not exceed two percent, on the receipts from the sale at retail of
422	422	taxable items in the district, and an excise tax on the use,
423	423	storage, or other consumption in the district of taxable items
424	424	purchased, leased, or rented from a retailer in the district during
425	425	the period that the tax is in effect.
426	426	(b) The rate of the excise tax is the same as the rate of the
427	427	sales tax portion of the tax and is applied to the sales price of the
428	428	taxable item.
429	429	Sec. 4013.0606. EXAMINATION AND RECEIPT OF
430	430	INFORMATION. The district may examine and receive information
431	431	related to the imposition of a sales and use tax to the same extent
432	432	as if the district were a municipality.
433	433	Sec. 4013.0607. ALTERNATIVE METHOD OF IMPOSITION.
434	434	Notwithstanding any other provision of this subchapter, the
435	435	district may impose the sales and use tax as provided by Subchapter
436	436	F, Chapter 383, Local Government Code, instead of as provided by the
437	437	other provisions of this subchapter.
438	438	SUBCHAPTER G. HOTEL OCCUPANCY TAX
439	439	Sec. 4013.0701. DEFINITION. In this subchapter, "hotel"
440	440	has the meaning assigned by Section 156.001, Tax Code.
441	441	Sec. 4013.0702. APPLICABILITY OF CERTAIN TAX CODE
442	442	PROVISIONS. (a) In this subchapter:
443	443	(1) a reference in Chapter 352, Tax Code, to a county
444	444	is a reference to the district; and
445	445	(2) a reference in Chapter 352, Tax Code, to the
446	446	commissioners court is a reference to the board.
447	447	(b) Except as inconsistent with this subchapter, Subchapter
448	448	A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
449	449	by this subchapter, including the collection of the tax, subject to
450	450	the limitations prescribed by Sections 352.002(b) and (c), Tax
451	451	Code.
452	452	Sec. 4013.0703. TAX AUTHORIZED; TAX RATE. (a) The district
453	453	may impose a hotel occupancy tax for the purposes described by
454	454	Section 4013.0705.
455	455	(b) The amount of the tax may not exceed seven percent of the
456	456	price paid for a room in a hotel.
457	457	Sec. 4013.0704. INFORMATION. The district may examine and
458	458	receive information related to the imposition of hotel occupancy
459	459	taxes to the same extent as if the district were a municipality.
460	460	Sec. 4013.0705. USE OF HOTEL OCCUPANCY TAX. (a) The
461	461	district may use the proceeds from a hotel occupancy tax imposed
462	462	under this subchapter for any of the district's purposes and for the
463	463	purposes described by Section 352.1015, Tax Code, to the extent the
464	464	board considers appropriate.
465	465	(b) During each interval of three calendar years following
466	466	the date on which a hotel occupancy tax imposed under this
467	467	subchapter is initially collected, the board may not apply an
468	468	annual average of more than 10 percent of the amount of tax
469	469	collected under that section, excluding any interest earnings or
470	470	investment profits and after a deduction for the costs of imposing
471	471	and collecting the taxes, for the administrative expenses of the
472	472	district or a district purpose other than:
473	473	(1) the costs of advertising and promoting tourism; or
474	474	(2) the costs of business development and commerce,
475	475	including the costs of planning, designing, constructing,
476	476	acquiring, leasing, financing, owning, operating, maintaining,
477	477	managing, improving, repairing, rehabilitating, or reconstructing
478	478	improvement projects for:
479	479	(A) conferences, conventions, meeting space, and
480	480	exhibitions;
481	481	(B) manufacturer, consumer, or trade shows;
482	482	(C) hotels, lodging, and hospitality;
483	483	(D) arts and entertainment;
484	484	(E) parks and recreation;
485	485	(F) economic development; and
486	486	(G) civic, community, or institutional events.
487	487	SUBCHAPTER H. HOTEL AND CONVENTION CENTER PROJECTS
488	488	Sec. 4013.0801. DEFINITIONS. (a) In this subchapter,
489	489	"qualified convention center facility," "qualified hotel," and
490	490	"qualified project" have the meanings assigned by Section 351.151,
491	491	Tax Code.
492	492	(b) Notwithstanding Section 351.157(a), Tax Code, for
493	493	purposes of a qualified project of the district, "qualified
494	494	establishment" means an establishment:
495	495	(1) that is:
496	496	(A) a restaurant, bar, or retail establishment;
497	497	(B) located on land owned by the district; and
498	498	(C) constructed on or after the date the district
499	499	commences a qualified project under this subchapter; and
500	500	(2) the nearest exterior wall of which is located not
501	501	more than 1,000 feet from the nearest exterior wall of a qualified
502	502	convention center facility or qualified hotel.
503	503	Sec. 4013.0802. HOTEL AND CONVENTION CENTER PROJECTS. (a)
504	504	The board by order may authorize proceeds from the hotel occupancy
505	505	tax imposed under Subchapter G of this chapter to be used for a
506	506	qualified project under Subchapter C, Chapter 351, Tax Code. The
507	507	use authorized by this subsection is in addition to any other use
508	508	authorized by law.
509	509	(b) If the board adopts an order described by Subsection
510	510	(a):
511	511	(1) a reference in Subchapter C, Chapter 351, Tax
512	512	Code, to a municipality is a reference to the district; and
513	513	(2) the district is considered to be a municipality
514	514	for purposes of Subchapter C, Chapter 351, Tax Code, with the same
515	515	rights, privileges, and responsibilities as a municipality under
516	516	that subchapter, including the ability to pledge or commit revenue
517	517	under Section 351.155, Tax Code, for bonds or other obligations
518	518	issued for a qualified project or contractual obligations for a
519	519	qualified project and to receive certain tax revenue under Sections
520	520	351.156 and 351.157, Tax Code.
521	521	(c) In the event of a conflict between this section and
522	522	another provision of this chapter, this section controls.
523	523	(d) The comptroller may adopt rules necessary to implement
524	524	and administer this section.
525	525	SUBCHAPTER I. DISSOLUTION
526	526	Sec. 4013.0901. DISSOLUTION. (a) The board shall dissolve
527	527	the district on written petition filed with the board by the owners
528	528	of:
529	529	(1) at least two-thirds of the assessed value of the
530	530	property subject to assessment by the district based on the most
531	531	recent certified county property tax rolls; or
532	532	(2) at least two-thirds of the surface area of the
533	533	district, excluding roads, streets, highways, utility
534	534	rights-of-way, other public areas, and other property exempt from
535	535	assessment by the district according to the most recent certified
536	536	county property tax rolls.
537	537	(b) The board by majority vote may dissolve the district at
538	538	any time.
539	539	(c) The district may not be dissolved by its board under
540	540	Subsection (a) or (b) if the district:
541	541	(1) has any outstanding bonded indebtedness until that
542	542	bonded indebtedness has been repaid or defeased in accordance with
543	543	the order or resolution authorizing the issuance of the bonds;
544	544	(2) has a contractual obligation to pay money until
545	545	that obligation has been fully paid in accordance with the
546	546	contract; or
547	547	(3) owns, operates, or maintains public works,
548	548	facilities, or improvements unless the district contracts with
549	549	another person for the ownership, operation, or maintenance of the
550	550	public works, facilities, or improvements.
551	551	(d) Sections 375.261, 375.262, and 375.264, Local
552	552	Government Code, do not apply to the district.
553	553	SECTION 2. The Pura Vida Municipal Management District
554	554	No. 1 initially includes all territory contained in the following
555	555	area:
556	556	211.348 ACRES LAND OUT THE WILLIAM LEWIS, SR. SURVEY,
557	557	ABSTRACT NO. 479 AND THE AUGUSTAS KINCHELOE SURVEY NUMBER 2,
558	558	ABSTRACT NO. 457, TRAVIS COUNTY, TEXAS, BEING ALL OR A PORTION OF
559	559	THE FOLLOWING EIGHT (8) TRACTS:
560	560	TRACT 1: A 70.887 ACRE PORTION OF THAT CERTAIN 141.321 ACRE
561	561	TRACT CALLED FIRST TRACT CONVEYED TO MUSTANG RIDGE, LLC BY DEED
562	562	RECORDED IN DOCUMENT NUMBER 2019142513, OFFICIAL PUBLIC RECORDS
563	563	TRAVIS COUNTY, TEXAS;
564	564	TRACT 2: ALL OF THAT CERTAIN 23.625 ACRE TRACT DECRIBED IN A
565	565	DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2020003359,
566	566	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
567	567	TRACT 3: ALL OF THAT CERTAIN 0.892 ACRE TRACT CALLED SECOND
568	568	TRACT DESCRIBED IN A DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT
569	569	NUMBER 2019142513, OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS;
570	570	TRACT 4: ALL OF THAT CERTAIN 19.283 ACRE TRACT DECRIBED IN A
571	571	DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2023073358,
572	572	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
573	573	TRACT 5: ALL OF THAT CERTAIN 2.986 ACRE TRACT DECRIBED IN A
574	574	DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2022052056,
575	575	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
576	576	TRACT 6: ALL OF THAT CERTAIN 16.383 ACRE TRACT DECRIBED IN A
577	577	DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2021040262,
578	578	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
579	579	TRACT 7: ALL OF THAT CERTAIN 74.555 ACRE TRACT, CALLED 74.557
580	580	ACRES, DESCRIBED IN A DEED TO MUSTANG RIDGE, LLC RECORDED IN
581	581	DOCUMENT NUMBER 2022039968 OFFICIAL PUBLIC RECORDS OF TRAVIS
582	582	COUNTY, TEXAS;
583	583	TRACT 8: ALL OF THAT CERTAIN 2.737 ACRE TRACT DECRIBED IN A
584	584	DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2020099394,
585	585	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
586	586	THE SAID 211.348 ACRES BEING MORE PARTICULARLY DESCRIBED BY
587	587	METES AND BOUNDS AS FOLLOWS:
588	588	BEGINNING AT A 1/2 INCH DIAMETER STEEL PIN FOUND WITH CAP
589	589	MARKED LENZ & ASSOC ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY
590	590	183 AT THE NORTHERLY MOST CORNER OF THE SAID TRACT 3;
591	591	THENCE, S 04°08'59" E, A DISTANCE OF 1924.31 FEET ALONG THE
592	592	WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 183, THE SAME BEING THE EAST
593	593	LINE OF THE SAID TRACT 3, TRACT 2 AND TRACT 6, TO A 1/2 INCH DIAMETER
594	594	STEEL PIN FOUND WITH CAP MARKED LENZ & ASSOC AT THE SOUTHEAST CORNER
595	595	OF THE SAID TRACT 6;
596	596	THENCE, S 85°47'49" W, A DISTANCE OF 825.12 FEET TO A 1/2 INCH
597	597	DIAMETER STEEL PIN FOUND WITH CAP MARKED HINKLE AT THE SOUTHWEST
598	598	CORNER OF THE SAID TRACT 6, THE SAME BEING THE SOUTHEAST CORNER OF
599	599	THE SAID TRACT 5;
600	600	THENCE S 71°51'32" W, A DISTANCE OF 668.21 FEET TO A COMPUTED
601	601	POINT AT THE SOUTHWEST CORNER OF THE SAID TRACT 5 ON THE NORTHEAST
602	602	LINE OF THE SAID TRACT 7;
603	603	THENCE, S 47°08'40" E, A DISTANCE OF 630.54 FEET TO A1/2 INCH
604	604	DIAMETER STEEL IN FOUND ON THE NORTH RIGHT-OF-WAY LINE OF F.M.
605	605	HIGHWAY 1327 AT THE SOUTHEAST CORNER OF THE SAID TRACT 7;
606	606	THENCE, S 73°47'17" W, A DISTANCE OF 1483.54 FEET ALONG THE
607	607	NORTH RIGHT-OF-WAY LINE OF F.M. HIGHWAY 1327 TO A COMPUTED POINT AT
608	608	AN EXTERIOR CORNER OF THE SAID TRACT 7;
609	609	THENCE, N 47°25'48" W, A DISTANCE OF 478.19 FEET TO A 1/2 INCH
610	610	DIAMETER STEEL PIN FOUND AT AN INTERIOR CORNER OF THE SAID TRACT 7;
611	611	THENCE, S 42°24'52" W, A DISTANCE OF 313.00 FEET TO A 1/2 INCH
612	612	DIAMETER STEEL PIN FOUND AT AN EXTERIOR CORNER OF THE SAID TRACT 7;
613	613	THENCE, N 62°17'17" W, A DISTANCE OF 1295.87 FEET TO A 1/2 INCH
614	614	DIAMETER STEEL PIN FOUND AT THE MOST WESTERLY OR SOUTHWEST CORNER OF
615	615	THE SAID TRACT 7;
616	616	THENCE, N 28°02'48" E, A DISTANCE OF 1393.50 FEET TO A 1/2 INCH
617	617	DIAMETER STEEL PIN FOUND WITH CAP MARKED LENZ & ASSOC AT THE
618	618	NORTHWEST CORNER OF THE SAID TRACT 7, THE SAME BEING THE SOUTHWEST
619	619	CORNER OF THE SAID TRACT 8;
620	620	THENCE, N 27°41'52" E A DISTANCE OF 1635.14 FEET ALONG THE
621	621	WEST LINE OF THE SAID TRACT 8 AND TRACT 1, CROSSING THE SAID 141.321
622	622	ACRE MUSTANG RIDGE, LLC TRACT, TO A 1/2 INCH DIAMETER STEEL PIN
623	623	FOUND AT THE SOUTHWEST CORNER OF THE SAID TRACT 4;
624	624	THENCE, N 27°30'40" E, A DISTANCE OF 378.90 FEET TO A 1/2 INCH
625	625	DIAMETER STEEL PIN FOUND WITH CAP MARKED CHAPARRAL AT THE NORTHWEST
626	626	CORNER OF THE SAID TRACT 4;
627	627	THENCE, S 61°49'55" E, A DISTANCE OF 2300.72 FEET TO A 1/2 INCH
628	628	DIAMETER STEEL PIN FOUND AT THE NORTHEAST CORNER OF THE SAID TRACT 4
629	629	ON WEST LINE OF THE SAID TRACT 3;
630	630	THENCE, N 42°24'59" E, A DISTANCE OF 552.95 FEET TO THE PLACE
631	631	OF BEGINNING, CONTAINING 211.348 ACRES OF LAND, MORE OR LESS.
632	632	SECTION 3. (a) The legal notice of the intention to
633	633	introduce this Act, setting forth the general substance of this
634	634	Act, has been published as provided by law, and the notice and a
635	635	copy of this Act have been furnished to all persons, agencies,
636	636	officials, or entities to which they are required to be furnished
637	637	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
638	638	Government Code.
639	639	(b) The governor, one of the required recipients, has
640	640	submitted the notice and Act to the Texas Commission on
641	641	Environmental Quality.
642	642	(c) The Texas Commission on Environmental Quality has filed
643	643	its recommendations relating to this Act with the governor,
644	644	lieutenant governor, and speaker of the house of representatives
645	645	within the required time.
646	646	(d) All requirements of the constitution and laws of this
647	647	state and the rules and procedures of the legislature with respect
648	648	to the notice, introduction, and passage of this Act have been
649	649	fulfilled and accomplished.
650	650	SECTION 4. (a) Section 4013.0311, Special District Local
651	651	Laws Code, as added by Section 1 of this Act, takes effect only if
652	652	this Act receives a two-thirds vote of all the members elected to
653	653	each house.
654	654	(b) If this Act does not receive a two-thirds vote of all the
655	655	members elected to each house, Subchapter C, Chapter 4013, Special
656	656	District Local Laws Code, as added by Section 1 of this Act, is
657	657	amended by adding Section 4013.0311 to read as follows:
658	658	Sec. 4013.0311. NO EMINENT DOMAIN POWER. The district may
659	659	not exercise the power of eminent domain.
660	660	SECTION 5. This Act takes effect immediately if it receives
661	661	a vote of two-thirds of all the members elected to each house, as
662	662	provided by Section 39, Article III, Texas Constitution. If this
663	663	Act does not receive the vote necessary for immediate effect, this
664	664	Act takes effect September 1, 2025.