By Giddings                                            H.B. No. 859
       74R2159 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to financing of certain urban improvements.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 372.003(b) and (c), Local Government
    1-5  Code, are amended to read as follows:
    1-6        (b)  A public improvement project may include:
    1-7              (1)  landscaping;
    1-8              (2)  erection of fountains, distinctive lighting, and
    1-9  signs;
   1-10              (3)  acquiring, constructing, improving, widening,
   1-11  narrowing, closing, or rerouting of sidewalks or of streets, any
   1-12  other roadways, or their rights-of-way;
   1-13              (4)  construction or improvement of pedestrian malls;
   1-14              (5)  acquisition and installation of pieces of art;
   1-15              (6)  acquisition, construction, or improvement of
   1-16  libraries;
   1-17              (7)  acquisition, construction, or improvement of
   1-18  off-street parking facilities;
   1-19              (8)  acquisition, construction, improvement, or
   1-20  rerouting of mass transportation facilities;
   1-21              (9)  acquisition, construction, or improvement of
   1-22  water, wastewater, or drainage facilities or improvements;
   1-23              (10)  establishment or improvement of a sports
   1-24  facility;
    2-1              (11)  establishment or improvement of an arts facility;
    2-2              (12)  the establishment or improvement of parks;
    2-3              (13) <(11)>  projects similar to those listed in
    2-4  Subdivisions (1)-(12) <(1)-(10)>;
    2-5              (14) <(12)>  acquisition, by purchase or otherwise, of
    2-6  real property in connection with an authorized improvement;
    2-7              (15) <(13)>  special supplemental services for
    2-8  improvement and promotion of the district, including services
    2-9  relating to advertising, promotion, health and sanitation, water
   2-10  and wastewater, public safety, security, business recruitment,
   2-11  development, recreation, and cultural enhancement; and
   2-12              (16) <(14)>  payment of expenses incurred in the
   2-13  establishment, administration, and operation of the district.
   2-14        (c)  A public improvement project may be limited to the
   2-15  provision of the services described by Subsection
   2-16  (b)(15) <(b)(13)>.
   2-17        SECTION 2.  Section 374.003(28), Local Government Code, is
   2-18  amended to read as follows:
   2-19              (28)  "Urban renewal project" includes any of the
   2-20  following activities undertaken in accordance with an urban renewal
   2-21  plan:
   2-22                    (A)  municipal activities in an urban renewal
   2-23  area that are designed to eliminate or to prevent the development
   2-24  or spread of slums and blighted areas;
   2-25                    (B)  slum clearance and redevelopment in an urban
   2-26  renewal area;
   2-27                    (C)  rehabilitation or conservation in an urban
    3-1  renewal area;
    3-2                    (D)  development of open land that, because of
    3-3  location or situation, is necessary for sound community growth and
    3-4  that is to be developed, by replatting and planning, for
    3-5  predominantly residential uses; <or>
    3-6                    (E)  establishment or improvement of a sports
    3-7  facility;
    3-8                    (F)  establishment or improvement of an arts
    3-9  facility; or
   3-10                    (G)  any combination or part of the activities
   3-11  described by Paragraphs (A)-(F) <(A)-(D)>.
   3-12        SECTION 3.  Section 311.008(a), Tax Code, is amended to read
   3-13  as follows:
   3-14        (a)  A municipality may exercise any power necessary and
   3-15  convenient to carry out this chapter, including the power to:
   3-16              (1)  cause project plans to be prepared, approve and
   3-17  implement the plans, and otherwise achieve the purposes of the
   3-18  plan;
   3-19              (2)  acquire real property by purchase, condemnation,
   3-20  or other means to implement project plans and sell that property on
   3-21  the terms and conditions and in the manner it considers advisable;
   3-22              (3)  enter into agreements, including agreements with
   3-23  bondholders, determined by the governing body of the municipality
   3-24  to be necessary or convenient to implement project plans and
   3-25  achieve their purposes, which agreements may include conditions,
   3-26  restrictions, or covenants that run with the land or that by other
   3-27  means regulate or restrict the use of land; and
    4-1              (4)  consistent with the project plan for the zone:
    4-2                    (A)  acquire blighted, deteriorated,
    4-3  deteriorating, undeveloped, or inappropriately developed real
    4-4  property or other property in a blighted area or in a federally
    4-5  assisted new community in the zone for the preservation or
    4-6  restoration of historic sites, beautification or conservation, the
    4-7  provision of public works or public facilities, or other public
    4-8  purposes; or
    4-9                    (B)  acquire, construct, reconstruct, or install
   4-10  public works, facilities, or sites or other public improvements,
   4-11  including utilities, streets, street lights, water and sewer
   4-12  facilities, pedestrian malls and walkways, parks, flood and
   4-13  drainage facilities, sports facilities, arts facilities,
   4-14  educational facilities, or parking facilities.
   4-15        SECTION 4.  The importance of this legislation and the
   4-16  crowded condition of the calendars in both houses create an
   4-17  emergency and an imperative public necessity that the
   4-18  constitutional rule requiring bills to be read on three several
   4-19  days in each house be suspended, and this rule is hereby suspended,
   4-20  and that this Act take effect and be in force from and after its
   4-21  passage, and it is so enacted.