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.