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.