By: Bivins S.B. No. 1696 A BILL TO BE ENTITLED AN ACT 1-1 relating to the creation of development districts in certain 1-2 counties; authorizing certain taxes, the issuance of bonds, and the 1-3 exercise of eminent domain. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 44, Revised Statutes, is amended by adding 1-6 Article 2372d-9 to read as follows: 1-7 Art. 2372d-9. COUNTY DEVELOPMENT DISTRICTS 1-8 ARTICLE I. GENERAL PROVISIONS 1-9 Sec. 1.01. SHORT TITLE. This Act may be cited as the County 1-10 Development District Act. 1-11 Sec. 1.02. LEGISLATIVE INTENT. The intent of the 1-12 legislature is to further the public purpose of developing and 1-13 diversifying the economy of the state by providing incentives for 1-14 the location and development of projects in certain counties to 1-15 attract visitors and tourists. 1-16 Sec. 1.03. LEGISLATIVE FINDINGS. The legislature finds 1-17 that: 1-18 (1) small and medium-sized counties in Texas are in 1-19 need of incentives for the development of public improvements to 1-20 attract visitors and tourists to such counties, and that such 1-21 counties are at a disadvantage in competing with counties in other 1-22 states for the location and development of projects that attract 1-23 visitors and tourists by virtue of the availability and prevalent 2-1 use in other states of financial incentives; 2-2 (2) that the means and measures authorized by this Act 2-3 are in the public interest and serve a public purpose of the state 2-4 in promoting the economic welfare of the citizens of the state by 2-5 providing incentives for the location and development in certain 2-6 Texas counties of projects that attract visitors and tourists and 2-7 that result in employment and economic activity; and 2-8 (3) the creation of development districts is essential 2-9 to the accomplishment of Section 52-a, Article III, Texas 2-10 Constitution, and to the accomplishment of the other public 2-11 purposes stated in this Act and further serves the purpose of 2-12 Section 59, Article XVI, and Section 52, Article III, Texas 2-13 Constitution. 2-14 Sec. 1.04. DEFINITIONS. In this Act: 2-15 (1) "District" means a county development district 2-16 created under this Act. 2-17 (2) "Board" means the board of directors of the 2-18 district. 2-19 (3) "Director" means a member of the board. 2-20 (4) "Commissioners court" means the governing body of 2-21 the county in which the district is located. 2-22 (5) "County" means the county in which the district is 2-23 located. 2-24 (6) "Project" has the same meaning as that term is 2-25 defined to mean in Section 4B(a)(2), Development Corporation Act of 3-1 1979 (Article 5190.6, Vernon's Texas Civil Statutes). 3-2 (7) "Cost" has the same meaning as that term is 3-3 defined to mean in Section 2(4), Development Corporation Act of 3-4 1979 (Article 5190.6, Vernon's Texas Civil Statutes). 3-5 (8) "Bonds" means bonds, notes, and other obligations. 3-6 Sec. 1.05. COUNTIES AUTHORIZED TO CREATE DISTRICTS. The 3-7 commissioners court in a county with a population of not more than 3-8 400,000 according to the most recent federal decennial census may, 3-9 on petition of the owners of land in a proposed county, commence 3-10 the creation of a county development district. The creation of the 3-11 district is subject to a confirmation election held as provided by 3-12 Article 2 of this Act. 3-13 ARTICLE 2. CREATION OF DISTRICTS 3-14 Sec. 2.01. PETITION OF LANDOWNERS. To create a district, a 3-15 petition requesting creation shall be filed with the county 3-16 commissioners court of the county in which all of the land in the 3-17 proposed district is located. The petition shall be accompanied by 3-18 a sworn statement indicating consent to creation signed by the 3-19 holders of fee simple title of all of the land within the proposed 3-20 district. 3-21 Sec. 2.02. CONTENTS OF PETITION. The petition shall: 3-22 (1) describe the boundaries of the proposed district 3-23 by metes and bounds or by lot and block number, if there is a 3-24 recorded map or plat and survey of the area; 3-25 (2) include a name of the district which shall include 4-1 the name of the county followed by the words Development District 4-2 No. ____; 4-3 (3) include the names of five persons who are willing 4-4 and qualified to serve as temporary directors of the proposed 4-5 district; 4-6 (4) state the general nature of the work proposed to 4-7 be done and the cost of the project as then estimated by the 4-8 petitioners; and 4-9 (5) state the necessity and feasibility of the 4-10 proposed district and whether the district will serve the public 4-11 purpose of attracting visitors and tourists to the county. 4-12 Sec. 2.03. HEARING ON PETITION. Not later than the 60th day 4-13 after the date a petition is received, the commissioners court 4-14 shall fix a date, time, and place at which the petition shall be 4-15 heard and shall issue notice of the date, time, place, and subject 4-16 matter of the hearing. The notice shall inform all persons of 4-17 their right to appear and present evidence and testify for or 4-18 against the creation of the district. 4-19 Sec. 2.04. NOTICE OF HEARING. At least 30 days before the 4-20 date set for the hearing, notice of the hearing shall be mailed to 4-21 the developer who signed the petition and the landowner of all the 4-22 land in the district and shall be published in a newspaper with 4-23 general circulation in the county in which the proposed district is 4-24 located. 4-25 Sec. 2.05. HEARING. At the hearing, the commissioners court 5-1 shall examine the petition to ascertain its sufficiency, and any 5-2 person interested may appear before the commission to offer 5-3 testimony on the sufficiency of the petition and whether or not the 5-4 district should be created. 5-5 Sec. 2.06. GRANTING OR REFUSING PETITION. (a) After the 5-6 hearing, if it is found that the petition conforms to the 5-7 requirements of Section 2.02 of this Act and that the creation of 5-8 the district and the proposed project is feasible and necessary and 5-9 would serve the public purpose of attracting visitors and tourists 5-10 to the county, the commissioners court shall so find and enter an 5-11 order creating the district. 5-12 (b) If the commissioners court finds that the petition does 5-13 not conform to the requirements of Section 2.02 of this Act or that 5-14 the creation of the district and the proposed project is not 5-15 feasible and necessary and would not serve the purpose of 5-16 attracting visitors and tourists to the county, the commissioners 5-17 court shall so find by its order and deny the petition. 5-18 Sec. 2.07. TEMPORARY DIRECTORS; VACANCY IN OFFICE. If the 5-19 commissioners court grants the petition, it shall appoint to serve 5-20 as temporary directors of the district five persons who are 5-21 qualified under this Act to serve as directors. A vacancy in the 5-22 office of temporary director shall be filled by appointment by the 5-23 commissioners court. 5-24 Sec. 2.08. QUALIFICATION OF TEMPORARY DIRECTORS. Each 5-25 temporary director shall execute a bond in accordance with the 6-1 provisions of Section 3.09 of this Act and shall take an oath of 6-2 office, and the board shall meet and organize. 6-3 Sec. 2.09. CONFIRMATION AND SALES AND USE TAX ELECTION. The 6-4 temporary board of directors shall conduct an election within the 6-5 boundaries of the district to confirm the creation of the district 6-6 and authorize a sales and use tax in conformity with this Act. 6-7 Sec. 2.10. ELECTION ORDER. An order calling an election 6-8 under Section 2.09 of this Act must state: 6-9 (1) the nature of the election, including the 6-10 proposition that is to appear on the ballot; 6-11 (2) the date of the election; 6-12 (3) the hours during which the polls will be open; 6-13 (4) the location of the polling places; and 6-14 (5) the proposed rate of the sales and use tax for the 6-15 district. 6-16 Sec. 2.11. NOTICE. The temporary directors shall give 6-17 notice of the confirmation and sales and use tax election by 6-18 publishing a substantial copy of the election order in a newspaper 6-19 with general circulation in the county in which the proposed 6-20 district is located once a week for two consecutive weeks. The 6-21 first publication must appear at least 14 days before the date set 6-22 for the election. 6-23 Sec. 2.12. CONDUCT OF ELECTION. (a) The election shall be 6-24 held in accordance with the provisions of the Election Code, to the 6-25 extent not inconsistent with this Act. 7-1 (b) The ballot shall be printed to permit voting for or 7-2 against the proposition: "The creation of _____________ County 7-3 Development District No. ______ and the adoption of a proposed 7-4 local sales and use tax rate of ____ (the rate specified in the 7-5 election order) to be used for the promotion and development of 7-6 tourism." 7-7 Sec. 2.13. RESULTS OF ELECTION. (a) After the confirmation 7-8 and sales and use tax election, the presiding judge shall make 7-9 returns of the result to the temporary board of directors. The 7-10 temporary board of directors shall canvass the returns and declare 7-11 the results. 7-12 (b) If a majority of the votes cast in the election favor 7-13 the creation of the district and the adoption of the sales and use 7-14 tax, then the temporary board shall declare that the district is 7-15 created and shall declare the amount of the local sales and use tax 7-16 adopted and enter the result on its minutes. If a majority of the 7-17 votes cast in the election are against the creation of the district 7-18 and the adoption of the sales and use tax, the temporary board 7-19 shall declare that the proposition to create the district was 7-20 defeated and enter the result in its minutes. 7-21 (c) A certified copy of the minute order declaring that the 7-22 district is created and the local sales and use tax adopted and 7-23 including the rate of the sales and use tax, or declaring that the 7-24 proposition to create the district was defeated, shall be sent to 7-25 the commissioners court, the comptroller, and any taxing entity by 8-1 certified or registered mail. Such order also shall show the date 8-2 of the election, the proposition on which the vote was held, the 8-3 total number of votes cast for or against the proposition, and the 8-4 number of votes by which the proposition was approved. 8-5 ARTICLE 3. DISTRICT ADMINISTRATION 8-6 Sec. 3.01. BOARD OF DIRECTORS. (a) A district is governed 8-7 by a board of five directors appointed by the county commissioners 8-8 of the county in which the district is located. The temporary 8-9 directors appointed under Section 2.07 of this Act shall become 8-10 permanent directors of the district provided that the creation of 8-11 the district is confirmed at the confirmation election. 8-12 (b) Directors serve staggered four-year terms that expire 8-13 September 1. Following confirmation of the district at the 8-14 election, the temporary directors shall draw lots to determine: 8-15 (1) the two directors to serve terms that expire on 8-16 September 1 of the second year following creation of the district; 8-17 and 8-18 (2) the three directors to serve terms that expire on 8-19 September 1 of the fourth year following creation of the district. 8-20 Sec. 3.02. QUALIFICATIONS FOR DIRECTORS. To be qualified to 8-21 serve as a director, a person shall be at least 21 years old, a 8-22 resident citizen of the State of Texas, and a qualified voter 8-23 within the county in which the district is located. 8-24 Sec. 3.03. PERSONS DISQUALIFIED FROM SERVING. Section 8-25 50.026, Water Code, relating to disqualification of directors, 9-1 shall apply to directors of districts created under this Act. 9-2 Sec. 3.04. VACANCIES ON THE BOARD. A vacancy in the office 9-3 of director shall be filled by appointment of the commissioners 9-4 court. 9-5 Sec. 3.05. REMOVAL OF DIRECTOR. The governing body of the 9-6 commissioners court, after notice and hearing, may remove a 9-7 director for misconduct or failure to carry out the director's 9-8 duties on petition by a majority of the remaining directors. 9-9 Sec. 3.06. ORGANIZATION OF BOARD. After each appointment of 9-10 directors by the commissioners court, and after the directors have 9-11 qualified by taking the proper oath, they shall organize by 9-12 electing a president, a vice president, a secretary, and any other 9-13 officers as in the judgment of the board are considered necessary. 9-14 Sec. 3.07. QUORUM; OFFICERS' DUTIES; MANAGEMENT OF DISTRICT. 9-15 Sections 54.107, 54.108, 54.111, and 54.118, Water Code, relating 9-16 to quorum, officers' duties, and management of the district, shall 9-17 govern the board of directors of a district created under this Act. 9-18 Sec. 3.08. MEETINGS AND NOTICE. (a) The board shall 9-19 designate and establish a district office in the county. 9-20 (b) The board may establish regular meetings to conduct 9-21 district business and may hold special meetings at other times as 9-22 the business of a district requires. 9-23 (c) Notice of the time, place, and purpose of any meeting of 9-24 the board shall be given by posting at a place convenient to the 9-25 public within the district. A copy of the notice shall be 10-1 furnished to the clerk or clerks of the county in which the 10-2 district is located, who shall post them on a bulletin board in the 10-3 county courthouse used for such purpose. 10-4 (d) Except as herein provided the provisions of the open 10-5 meetings law, Chapter 551, Government Code, shall be applicable to 10-6 meetings of the board of directors. Any interested person may 10-7 attend any meeting of the board. 10-8 Sec. 3.09. DIRECTOR'S COMPENSATION; BOND AND OATH OF OFFICE. 10-9 A director is not entitled to receive compensation for service on 10-10 the board. Sections 375.067, 375.069, and 375.070, Local 10-11 Government Code, apply to directors of a district created under 10-12 this Act. 10-13 Sec. 3.10. GOVERNMENTAL AGENCY; SUITS. (a) A district, 10-14 when created and confirmed, may, through its directors, sue and be 10-15 sued in any and all courts of this state in the name of the 10-16 district. Service of process in any suit may be had by serving any 10-17 two directors. 10-18 (b) A district is a governmental agency, a body politic and 10-19 corporate, and a political subdivision of the state. Section 10-20 375.004, Local Government Code, applies to a district created under 10-21 this Act. 10-22 ARTICLE 4. POWERS AND DUTIES 10-23 Sec. 4.01. POWERS. (a) A district shall have the power to 10-24 acquire and dispose of projects and shall have all of the other 10-25 powers, authority, rights, and duties which will permit 11-1 accomplishment of the purposes for which the district was created. 11-2 (b) The district shall have the power to provide for general 11-3 promotion and tourist advertising of the district and its vicinity 11-4 and to conduct a marketing program to attract visitors, any of 11-5 which may be conducted by the district pursuant to contracts for 11-6 professional services with persons or organizations selected by the 11-7 district. 11-8 (c) The district shall have the powers of a municipal 11-9 management district created under Chapter 375, Local Government 11-10 Code, to the extent not inconsistent with this Act. 11-11 Sec. 4.02. COMPETITIVE BIDDING; CONTRACT AWARD. Sections 11-12 375.221 and 375.223, Local Government Code, apply to a district 11-13 created under this Act. Notwithstanding any other provision of 11-14 this Act to the contrary, any contract between the district and a 11-15 governmental entity or nonprofit corporation created under the 11-16 Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas 11-17 Civil Statutes) shall not be subject to the competitive bidding 11-18 requirement of this Act. 11-19 Sec. 4.03. EMINENT DOMAIN. A district not located within 11-20 the corporate limits of a municipality may exercise the power of 11-21 eminent domain to acquire land or interests in land within the 11-22 district deemed necessary by the board of directors of the district 11-23 for the purpose of providing water and sewer services to an 11-24 authorized project. The right of eminent domain shall be exercised 11-25 in the manner provided in Chapter 21, Property Code. 12-1 ARTICLE 5. GENERAL FISCAL PROVISIONS 12-2 Sec. 5.01. EXPENDITURES. A district's money may be 12-3 disbursed only by check, draft, order, or other instrument which 12-4 shall be signed by at least three directors. The general manager, 12-5 treasurer, or other employee of the district when authorized by 12-6 resolution of the board may sign checks, drafts, orders, or other 12-7 instruments on any district operation account and these need not be 12-8 signed by anyone else. 12-9 Sec. 5.02. PURPOSES FOR BORROWING MONEY. The district may 12-10 borrow money for any corporate purpose or combination of corporate 12-11 purposes. 12-12 Sec. 5.03. REPAYMENT OF ORGANIZATIONAL EXPENSES. The 12-13 district's directors are authorized to pay all costs and expenses 12-14 necessarily incurred in the creation and organization of a 12-15 district, the cost of investigation and making plans, the cost of 12-16 the engineer's report, project designer fees, legal fees, and other 12-17 incidental expenses and to reimburse any person for money advanced 12-18 for these purposes. These payments may be made from money obtained 12-19 from the issuance of notes or the sale of bonds first issued by the 12-20 district or out of other revenues of the district. 12-21 ARTICLE 6. ISSUANCE OF BONDS 12-22 Sec. 6.01. ISSUANCE OF BONDS. The district may issue bonds 12-23 for the purpose of defraying all or part of the cost of any project 12-24 as provided in this Act. Sections 375.201 through 375.208, 12-25 inclusive, Local Government Code, shall apply to a district created 13-1 under this Act to the extent not inconsistent with this Act. 13-2 Sec. 6.02. MANNER OF REPAYMENT OF BONDS. The board may 13-3 provide for the payment of principal of and interest and redemption 13-4 price on bonds from taxes; by pledging all or any part of the 13-5 designated revenues, license fees, or other compensation from a 13-6 project or any part thereof, including revenues and receipts 13-7 derived by the district from the lease or sale of the project, or 13-8 by pledging all or any part of any grant, donation, revenues, or 13-9 income received or to be received from any public or private 13-10 source; or from a combination of such sources. 13-11 Sec. 6.03. USE OF BOND PROCEEDS. The district may use bond 13-12 proceeds to pay interest on the bonds during and after the period 13-13 of the acquisition or construction of a project, to pay 13-14 administrative and operating expenses, to create a reserve fund for 13-15 the payment of principal and interest on the bonds, and to pay all 13-16 expenses incurred and to be incurred in the issuance, sale, and 13-17 delivery of the bonds. 13-18 ARTICLE 7. TAXES 13-19 Sec. 7.01. SALES AND USE TAX. (a) A district may levy a 13-20 sales and use tax for the benefit of the district if authorized by 13-21 a majority of the qualified voters of the district voting at an 13-22 election called and held for that purpose. The sales and use tax, 13-23 if adopted, does not count toward the limitation imposed by Chapter 13-24 323, Tax Code (County Sales and Use Tax Act), on any sales and use 13-25 tax that has been levied by the county. 14-1 (b) If a district adopts the tax, there is imposed a tax on 14-2 the receipts from the sale at retail of taxable items within the 14-3 district at a rate of up to one-half of one percent. For purposes 14-4 of this section, the term "taxable items" includes all items 14-5 subject to any sales and use tax that is imposed by the county in 14-6 which the district is located if the county has imposed a sales and 14-7 use tax. There is also imposed an excise tax on the use, storage, 14-8 or other consumption within the district of taxable items 14-9 purchased, leased, or rented from a retailer during the period that 14-10 the tax is effective within the district. The rate of the excise 14-11 tax is the same as the rate of the sales tax portion of the tax 14-12 applied to the sales price of the taxable items and is included in 14-13 the sales tax. 14-14 (c) Chapter 323, Tax Code (County Sales and Use Tax Act), to 14-15 the extent not inconsistent with this Act, governs the imposition, 14-16 computation, administration, and governance of the tax under this 14-17 section, except that Subsections (b) and (e), Section 323.101, and 14-18 Sections 323.209, 323.401 through 323.406, and 323.505 do not 14-19 apply. Chapter 323, Tax Code (County Sales and Use Tax Act), does 14-20 not apply to the use and allocation of revenues under this Act. In 14-21 applying the procedures under Chapter 323, Tax Code (County Sales 14-22 and Use Tax Act), the district's name shall be substituted for "the 14-23 county" and "board of directors" is substituted for "commissioners 14-24 court." 14-25 (d) The permissible rates for a local sales and use tax 15-1 levied under this Act are one-fourth of one percent, three-eighths 15-2 of one percent, and one-half of one percent. 15-3 (e) The board by order may decrease or abolish the local 15-4 sales and use tax rate or may call an election to increase, 15-5 decrease, or abolish the local sales and use tax rate. 15-6 (f) At the election, the ballots shall be prepared to permit 15-7 voting for or against the proposition: "The increase (decrease) of 15-8 the local sales and use tax rate of (name of district) to 15-9 (percentage) to be used for the promotion and development of 15-10 tourism" or "The abolition of the district sales and use tax used 15-11 for the promotion and development of tourism." The increase or 15-12 decrease in the tax rate is effective if it is approved by a 15-13 majority of the votes cast. In calling and holding the election, 15-14 the board shall use the procedures for the confirmation and tax 15-15 election set forth in Article 2 of this Act. 15-16 (g) Taxes collected under this section may be used only for 15-17 the purposes for which the district was created, and the district 15-18 may pledge the revenue derived from the taxes imposed under this 15-19 section to the payment of bonds issued by the district. 15-20 (h) A county development district may adopt a tax under this 15-21 section only if as a result of adoption of the tax the combined 15-22 rate of all local sales and use taxes imposed by political 15-23 subdivisions having territory in the district will not exceed two 15-24 percent. If, as a result of the levy of or increase in a sales and 15-25 use tax by a municipality in which there is located a district with 16-1 an existing sales and use tax, or as a result of the annexation by 16-2 a municipality of the territory in a district with an existing 16-3 sales and use tax, the overlapping local sales and use taxes in the 16-4 area within the district will exceed two percent, then the 16-5 district's sales and use tax rate shall automatically be reduced to 16-6 a rate that when added to the combined rate of local sales and use 16-7 taxes will equal two percent. If a district's tax rate is so 16-8 reduced, the municipality shall make payments to the district equal 16-9 to the amounts that would have been collected by the district had 16-10 the municipality not levied or increased its sales and use tax or 16-11 annexed the area within the district, less amounts that the 16-12 district collects following the city's levy of or increase in its 16-13 sales and use tax or annexation of the area within the district. 16-14 Such payment shall be made by the municipality to the district 16-15 within 10 days of receipt of the money from the comptroller's 16-16 office and shall continue only for so long as any bonds of the 16-17 district are outstanding. 16-18 ARTICLE 8. ADDING AND EXCLUDING TERRITORY; 16-19 CONSOLIDATING AND DISSOLVING DISTRICTS 16-20 Sec. 8.01. ADDING AND EXCLUDING LAND FROM THE DISTRICT. 16-21 (a) Before the board issues bonds, the board may, on its own 16-22 motion or on request of a landowner in the district, petition the 16-23 county commissioners for the addition of land to or exclusion of 16-24 land from the district. 16-25 (b) If the commissioners court unanimously determines from 17-1 the evidence that the best interests of the persons and property in 17-2 the district will be served by adding or excluding land, the 17-3 commissioners court shall enter in its records the appropriate 17-4 findings and order adding or excluding land. 17-5 Sec. 8.02. DISSOLUTION OF DISTRICT. (a) A district may be 17-6 dissolved only as provided by this section. 17-7 (b) The board of directors may petition the commissioners 17-8 court to dissolve the district if a majority of the board finds at 17-9 any time (1) before the authorization of bonds or the final lending 17-10 of its credit, that the proposed undertaking is impracticable or 17-11 cannot be successfully and beneficially accomplished, or (2) that 17-12 all bonds of the district or other debts of the district have been 17-13 paid and the purposes of the district have been accomplished. 17-14 (c) On receipt of a petition from the board for dissolution 17-15 of the district, the county commissioners shall hold a hearing as 17-16 provided in Article 2 of this Act. 17-17 (d) If the commissioners court unanimously determines from 17-18 the evidence that the best interests of the county and the owners 17-19 of property and interests in property within the district will be 17-20 served by dissolving the district, the commissioners court shall 17-21 enter in its records the appropriate findings and order dissolving 17-22 the district. Otherwise the commissioners court shall enter its 17-23 order providing that the district has not been dissolved. On 17-24 dissolution of the district, funds and property of the district, if 17-25 any, shall be transferred to the commissioners court. 18-1 Sec. 8.03. DISSOLUTION OF DISTRICT UPON AGREEMENT WITH 18-2 MUNICIPALITY. A district may be dissolved by agreement between the 18-3 governing body of a municipality and the board of directors of a 18-4 district if all of the territory within the district is located 18-5 within or annexed by the municipality. The agreement shall require 18-6 the municipality to acquire all of the funds, property, and other 18-7 assets of the district and assume all contracts, debts, bonds, and 18-8 other obligations of the district, and the municipality shall be 18-9 bound in the same manner and to the same extent that the district 18-10 was bound with respect to such contracts, debts, bonds, and other 18-11 obligations. On dissolution of the district, the taxes levied by 18-12 the district are abolished. 18-13 SECTION 2. Chapter 352, Tax Code, is amended by adding 18-14 Section 352.107 to read as follows: 18-15 Sec. 352.107. HOTEL TAX AUTHORIZED FOR COUNTY DEVELOPMENT 18-16 DISTRICTS. Notwithstanding any other provision of this chapter to 18-17 the contrary, a commissioners court of a county with a population 18-18 of less than 400,000 may impose a hotel occupancy tax not to exceed 18-19 seven percent on a person who pays for the use or possession or for 18-20 the right to the use or possession of a room in a hotel ordinarily 18-21 used for sleeping that is located within the boundaries of the 18-22 county development district created under Article 2372d-9, Revised 18-23 Statutes, and that is not located within the corporate limits of a 18-24 municipality, subject to the limitations set forth in Sections 18-25 352.002(b) and (c). Taxes collected by a county under this 19-1 section shall be remitted to the county development district not 19-2 later than the 10th day after the date the county receives such 19-3 funds and may be used by the district for the purposes for which 19-4 sales and use tax proceeds may be used by the district. 19-5 SECTION 3. The importance of this legislation and the 19-6 crowded condition of the calendars in both houses create an 19-7 emergency and an imperative public necessity that the 19-8 constitutional rule requiring bills to be read on three several 19-9 days in each house be suspended, and this rule is hereby suspended, 19-10 and that this Act take effect and be in force from and after its 19-11 passage, and it is so enacted.