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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain special districts and |
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corporations created by certain special districts to exercise |
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certain rights and powers outside district boundaries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 10, Government Code, is |
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amended by adding Chapter 3001 to read as follows: |
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CHAPTER 3001. LIMITATION OF RIGHTS AND POWERS OF CERTAIN SPECIAL |
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DISTRICTS AND CORPORATIONS |
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Sec. 3001.001. DEFINITIONS. In this chapter: |
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(1) "Corporation" and "special district" have the |
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meanings assigned by Section 303.003, Local Government Code. |
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(2) "Private entity" has the meaning assigned by |
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Section 2267.001. |
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Sec. 3001.002. CERTAIN RIGHTS AND POWERS LIMITED TO |
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BOUNDARIES. (a) Notwithstanding any other law and except as |
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provided by Subsection (d), on or after September 1, 2023: |
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(1) a special district or a corporation created by a |
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special district may not acquire, purchase, construct, |
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rehabilitate, renovate, repair, equip, furnish, finance, own, or |
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lease a multifamily residential development located outside the |
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district's boundaries; and |
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(2) a corporation created by a special district may |
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not grant a leasehold or other possessory interest in real property |
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outside the district's boundaries to a private entity if the |
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leasehold or other interest would result in an exemption from ad |
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valorem taxation under Section 303.042, Local Government Code, for |
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the private entity. |
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(b) A contract, agreement, or action of a special district |
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or a corporation created by a special district that violates |
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Subsection (a) is void. |
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(c) This section prevails over a special law governing a |
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special district. |
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(d) This chapter does not diminish or impair the rights of |
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the holders of any outstanding and unpaid debts, bonds, warrants, |
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or other obligations of a special district or a corporation created |
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by a special district. After September 1, 2023, a special district |
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or a corporation created by a special district may continue to |
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exercise a right or power prohibited by Subsection (a) outside the |
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district as provided by other law only as necessary to pay or |
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fulfill any outstanding and unpaid debts, bonds, warrants, or other |
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obligations. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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* * * * * |