73R6288 CAE-D
By Ramsay H.B. No. 2297
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to cities that may incorporate certain industrial
1-3 development corporations and projects of those corporations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4A(a), Development Corporation Act of
1-6 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
1-7 read as follows:
1-8 (a) In this section "project" means land, buildings,
1-9 equipment, facilities, and improvements included in the definition
1-10 of that term under Section 2 of this Act and land, buildings,
1-11 equipment, facilities, and improvements found by the board of
1-12 directors to be required or suitable for use for professional and
1-13 amateur (including children's) sports, athletic, entertainment,
1-14 tourist, convention, and public park purposes and events, including
1-15 stadiums, ball parks, auditoriums, amphitheaters, concert halls,
1-16 learning centers, parks and park facilities, open space
1-17 improvements, municipal buildings, museums, exhibition facilities,
1-18 and related store, restaurant, concession, and automobile parking
1-19 facilities, related area transportation facilities, and related
1-20 roads, streets, and water and sewer facilities, and other related
1-21 improvements that enhance any of those items. A corporation may
1-22 not undertake a project the primary purpose of which is to provide
1-23 transportation facilities, solid waste disposal facilities, or air
1-24 or water pollution control facilities. However, the corporation
2-1 may provide those facilities to benefit property acquired for a
2-2 project having another primary purpose. The corporation may
2-3 undertake a municipal water supply project and provide related
2-4 transmission and treatment facilities connected with a municipally
2-5 owned or operated water system or sewage system. The corporation
2-6 may undertake a project the primary purpose of which is to provide:
2-7 (1) a general aviation business service airport that
2-8 is an integral part of an industrial park; or
2-9 (2) port-related facilities to support waterborne
2-10 commerce <This section applies only to a city:>
2-11 <(1) located in a county with a population of 500,000
2-12 or fewer according to the most recent federal decennial census; or>
2-13 <(2) with a population of fewer than 50,000 according
2-14 to the most recent federal decennial census that:>
2-15 <(A) is located in two or more counties, one of
2-16 which has a population of 500,000 or greater according to the most
2-17 recent federal decennial census;>
2-18 <(B) is located within the territorial limits
2-19 but has not elected to become a part of a metropolitan rapid
2-20 transit authority that has a principal city with a population of
2-21 less than 1.2 million according to the most recent federal
2-22 decennial census, with such authority being created before January
2-23 1, 1980, under Chapter 141, Acts of the 63rd Legislature, Regular
2-24 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes); or>
2-25 <(C) is located within the territorial limits
2-26 but has not elected to become a part of a metropolitan rapid
2-27 transit authority that has a principal city with a population of
3-1 more than 750,000 according to the most recent federal decennial
3-2 census, with such authority being created under Chapter 683, Acts
3-3 of the 66th Legislature, Regular Session, 1979 (Article 1118y,
3-4 Vernon's Texas Civil Statutes)>.
3-5 SECTION 2. Section 4A(i), Development Corporation Act of
3-6 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is repealed.
3-7 SECTION 3. This Act takes effect September 1, 1993.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.
3-13 COMMITTEE AMENDMENT NO. 1
3-14 Amend H.B. 2297 as follows:
3-15 (1) On line 5, page 3 insert a new Section 2:
3-16 SECTION 2. Section 4A, Development Corporation Act of 1979
3-17 (Article 5190.6, Vernon's Texas Civil Statutes) is amended by
3-18 adding a new Subsection (q) to read as follows:
3-19 (q) a corporation under this section may not assume a debt
3-20 or make any expenditure to pay principle or interest on an debt if
3-21 the debt existed before the date the city created the corporation.
3-22 (2) Renumber the subsequent sections appropriately.
3-23 Holzheauser