BILL ANALYSIS

 

 

Senate Research Center

H.B. 4082

 

By: Goldman; Tepper (Bettencourt)

 

Local Government

 

5/19/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 4082 amends current law relating to the purposes for which a municipality or county may issue an anticipation note or certificate of obligation.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 1431.001, Government Code, by adding Subdivision (6) to provide that� "public work" for an issuer that is a municipality or county has the meaning assigned by Section 271.043 (Definitions), Local Government Code.

 

SECTION 2. Amends Section 271.043, Local Government Code, by adding Subdivision (7-a), as follows:

 

(7-a) Provides that "public work" for an issuer that is a municipality or county:

 

(A)� means any of the following public improvements as authorized by law:

 

(i)� a street, road, highway, bridge, sidewalk, or parking structure;

 

(ii)� a landfill;

 

(iii)� an airport;

 

(iv)� a utility system, water supply project, water treatment plant, wastewater treatment plant, or water or wastewater conveyance facility;

 

(v)� a wharf or dock;

 

(vi)� a flood control and drainage project;

 

(vii)� a public safety facility, including a police station, fire station, emergency shelter, jail, or juvenile detention facility;

 

(viii)� a judicial facility;

 

(ix)� an administrative office building housing the governmental functions of the municipality or county;

 

(x)� an animal shelter;

 

(xi)� a library; or

 

(xii)� a park or recreation facility that is generally accessible to the public and is part of the municipal or county park system;

 

(B)� means the rehabilitation, expansion, reconstruction, or maintenance of an existing stadium, arena, civic center, convention center, or coliseum that is owned and operated by the municipality or county or by an entity created to act on behalf of the municipality or county; and

 

(C)� does not include:

 

(i)� a facility for which more than 50 percent of the average annual usage is or is intended to be for professional or semi-professional sports;

 

(ii)� a new stadium, arena, civic center, convention center, or coliseum that is or is intended to be leased by a single for-profit tenant for more than 180 days in a single calendar year; or

 

(iii)� a hotel.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: September 1, 2023.