1-1        By:  Bivins                                     S.B. No. 1696
    1-2        (In the Senate - Filed May 1, 1995; May 2, 1995, read first
    1-3  time and referred to Committee on Economic Development;
    1-4  May 10, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; May 10, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1696                   By:  Lucio
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the creation of development districts in certain
   1-11  counties; authorizing certain taxes, the issuance of bonds, and the
   1-12  exercise of eminent domain.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Title 44, Revised Statutes, is amended by adding
   1-15  Article 2372d-9 to read as follows:
   1-16        Art. 2372d-9.  COUNTY DEVELOPMENT DISTRICTS
   1-17                    ARTICLE I.  GENERAL PROVISIONS
   1-18        Sec. 1.01.  SHORT TITLE.  This Act may be cited as the County
   1-19  Development District Act.
   1-20        Sec. 1.02.  LEGISLATIVE INTENT.  The intent of the
   1-21  legislature is to further the public purpose of developing and
   1-22  diversifying the the economy of the state by providing incentives
   1-23  for the location and development of projects in certain counties to
   1-24  attract visitors and tourists.
   1-25        Sec. 1.03.  LEGISLATIVE FINDINGS.  The legislature finds
   1-26  that:
   1-27              (1)  small and medium-sized counties in Texas are in
   1-28  need of incentives for the development of public improvements to
   1-29  attract visitors and tourists to such counties, and that such
   1-30  counties are at a disadvantage in competing with counties in other
   1-31  states for the location and development of projects that attract
   1-32  visitors and tourists by virtue of the availability and prevalent
   1-33  use in other states of financial incentives;
   1-34              (2)  that the means and measures authorized by this Act
   1-35  are in the public interest and serve a public purpose of the state
   1-36  in promoting the economic welfare of the citizens of the state by
   1-37  providing incentives for the location and development in certain
   1-38  Texas counties of projects that attract visitors and tourists and
   1-39  that result in employment and economic activity; and
   1-40              (3)  the creation of development districts is essential
   1-41  to the accomplishment of Section 52-a, Article III, Texas
   1-42  Constitution, and to the accomplishment of the other public
   1-43  purposes stated in this Act and further serves the purpose of
   1-44  Section 59, Article XVI, and Section 52, Article III, Texas
   1-45  Constitution.
   1-46        Sec. 1.04.  DEFINITIONS.  In this Act:
   1-47              (1)  "District" means a county development district
   1-48  created under this Act.
   1-49              (2)  "Board" means the board of directors of the
   1-50  district.
   1-51              (3)  "Director" means a member of the board.
   1-52              (4)  "Commissioners court" means the governing body of
   1-53  the county in which the district is located.
   1-54              (5)  "County" means the county in which the district is
   1-55  located.
   1-56              (6)  "Project" has the same meaning as that term is
   1-57  defined to mean in Section 4B(a)(2), Development Corporation Act of
   1-58  1979 (Article 5190.6, Vernon's Texas Civil Statutes).
   1-59              (7)  "Cost" has the same meaning as that term is
   1-60  defined to mean in Section 2(4), Development Corporation Act of
   1-61  1979 (Article 5190.6, Vernon's Texas Civil Statutes).
   1-62              (8)  "Bonds" means bonds, notes, and other obligations.
   1-63        Sec. 1.05.  COUNTIES AUTHORIZED TO CREATE DISTRICTS.  The
   1-64  commissioners court in a county with a population of not more than
   1-65  400,000 according to the most recent federal decennial census may,
   1-66  on petition of the owners of land in a proposed county, commence
   1-67  the creation of a county development district.  The creation of the
   1-68  district is subject to a confirmation election held as provided by
    2-1  Article 2 of this Act.
    2-2                   ARTICLE 2.  CREATION OF DISTRICTS
    2-3        Sec. 2.01.  PETITION OF LANDOWNERS.  To create a district, a
    2-4  petition requesting creation shall be filed with the county
    2-5  commissioners court of the county in which all of the land in the
    2-6  proposed district is located.  The petition shall be accompanied by
    2-7  a sworn statement indicating consent to creation signed by the
    2-8  holders of fee simple title of all of the land within the proposed
    2-9  district.
   2-10        Sec. 2.02.  CONTENTS OF PETITION.  The petition shall:
   2-11              (1)  describe the boundaries of the proposed district
   2-12  by metes and bounds or by lot and block number, if there is a
   2-13  recorded map or plat and survey of the area;
   2-14              (2)  include a name of the district which shall include
   2-15  the name of the county followed by the words Development District
   2-16  No. ____;
   2-17              (3)  include the names of five persons who are willing
   2-18  and qualified to serve as temporary directors of the proposed
   2-19  district;
   2-20              (4)  state the general nature of the work proposed to
   2-21  be done and the cost of the project as then estimated by the
   2-22  petitioners; and
   2-23              (5)  state the necessity and feasibility of the
   2-24  proposed district and whether the district will serve the public
   2-25  purpose of attracting visitors and tourists to the county.
   2-26        Sec. 2.03.  HEARING ON PETITION.  Not later than the 60th day
   2-27  after the date a petition is received, the commissioners court
   2-28  shall fix a date, time, and place at which the petition shall be
   2-29  heard and shall issue notice of the date, time, place, and subject
   2-30  matter of the hearing.  The notice shall inform all persons of
   2-31  their right to appear and present evidence and testify for or
   2-32  against the creation of the district.
   2-33        Sec. 2.04.  NOTICE OF HEARING.  At least 30 days before the
   2-34  date set for the hearing, notice of the hearing shall be mailed to
   2-35  the developer who signed the petition and the landowner of all the
   2-36  land in the district and shall be published in a newspaper with
   2-37  general circulation in the county in which the proposed district is
   2-38  located.
   2-39        Sec. 2.05.  HEARING.  At the hearing, the commissioners court
   2-40  shall examine the petition to ascertain its sufficiency, and any
   2-41  person interested may appear before the commission to offer
   2-42  testimony on the sufficiency of the petition and whether or not the
   2-43  district should be created.
   2-44        Sec. 2.06.  GRANTING OR REFUSING PETITION.  (a)  After the
   2-45  hearing, if it is found that the petition conforms to the
   2-46  requirements of Section 2.02 of this Act and that the creation of
   2-47  the district and the proposed project is feasible and necessary and
   2-48  would serve the public purpose of attracting visitors and tourists
   2-49  to the county, the commissioners court shall so find and enter an
   2-50  order creating the district.
   2-51        (b)  If the commissioners court finds that the petition does
   2-52  not conform to the requirements of Section 2.02 of this Act or that
   2-53  the creation of the district and the proposed project is not
   2-54  feasible and necessary and would not serve the purpose of
   2-55  attracting visitors and tourists to the county, the commissioners
   2-56  court shall so find by its order and deny the petition.
   2-57        Sec. 2.07.  TEMPORARY DIRECTORS; VACANCY IN OFFICE.  If the
   2-58  commissioners court grants the petition, it shall appoint to serve
   2-59  as temporary directors of the district five persons who are
   2-60  qualified under this Act to serve as directors.  A vacancy in the
   2-61  office of temporary director shall be filled by appointment by the
   2-62  commissioners court.
   2-63        Sec. 2.08.  QUALIFICATION OF TEMPORARY DIRECTORS.  Each
   2-64  temporary director shall execute a bond in accordance with the
   2-65  provisions of Section 3.09 of this Act and shall take an oath of
   2-66  office, and the board shall meet and organize.
   2-67        Sec. 2.09.  CONFIRMATION AND SALES AND USE TAX ELECTION.  The
   2-68  temporary board of directors shall conduct an election within the
   2-69  boundaries of the district to confirm the creation of the district
   2-70  and authorize a sales and use tax in conformity with this Act.
    3-1        Sec. 2.10.  ELECTION ORDER.  An order calling an election
    3-2  under Section 2.09 of this Act must state:
    3-3              (1)  the nature of the election, including the
    3-4  proposition that is to appear on the ballot;
    3-5              (2)  the date of the election;
    3-6              (3)  the hours during which the polls will be open;
    3-7              (4)  the location of the polling places; and
    3-8              (5)  the proposed rate of the sales and use tax for the
    3-9  district.
   3-10        Sec. 2.11.  NOTICE.  The temporary directors shall give
   3-11  notice of the confirmation and sales and use tax election by
   3-12  publishing a substantial copy of the election order in a newspaper
   3-13  with general circulation in the county in which the proposed
   3-14  district is located once a week for two consecutive weeks.  The
   3-15  first publication must appear at least 14 days before the date set
   3-16  for the election.
   3-17        Sec. 2.12.  CONDUCT OF ELECTION.  (a)  The election shall be
   3-18  held in accordance with the provisions of the Election Code, to the
   3-19  extent not inconsistent with this Act.
   3-20        (b)  The ballot shall be printed to permit voting for or
   3-21  against the proposition:  "The creation of _____________ County
   3-22  Development District No. ______ and the adoption of a proposed
   3-23  local sales and use tax rate of ____ (the rate specified in the
   3-24  election order) to be used for the promotion and development of
   3-25  tourism."
   3-26        Sec. 2.13.  RESULTS OF ELECTION.  (a)  After the confirmation
   3-27  and sales and use tax election, the presiding judge shall make
   3-28  returns of the result to the temporary board of directors.  The
   3-29  temporary board of directors shall canvass the returns and declare
   3-30  the results.
   3-31        (b)  If a majority of the votes cast in the election favor
   3-32  the creation of the district and the adoption of the sales and use
   3-33  tax, then the temporary board shall declare that the district is
   3-34  created and shall declare the amount of the local sales and use tax
   3-35  adopted and enter the result on its minutes.  If a majority of the
   3-36  votes cast in the election are against the creation of the district
   3-37  and the adoption of the sales and use tax, the temporary board
   3-38  shall declare that the proposition to create the district was
   3-39  defeated and enter the result in its minutes.
   3-40        (c)  A certified copy of the minute order declaring that the
   3-41  district is created and the local sales and use tax adopted and
   3-42  including the rate of the sales and use tax, or declaring that the
   3-43  proposition to create the district was defeated, shall be sent to
   3-44  the commissioners court, the comptroller, and any taxing entity by
   3-45  certified or registered mail.  Such order also shall show the date
   3-46  of the election, the proposition on which the vote was held, the
   3-47  total number of votes cast for or against the proposition, and the
   3-48  number of votes by which the proposition was approved.
   3-49                  ARTICLE 3.  DISTRICT ADMINISTRATION
   3-50        Sec. 3.01.  BOARD OF DIRECTORS.  (a)  A district is governed
   3-51  by a board of five directors appointed by the county commissioners
   3-52  of the county in which the district is located.  The temporary
   3-53  directors appointed under Section 2.07 of this Act shall become
   3-54  permanent directors of the district provided that the creation of
   3-55  the district is confirmed at the confirmation election.
   3-56        (b)  Directors serve staggered four-year terms that expire
   3-57  September 1.  Following confirmation of the district at the
   3-58  election, the temporary directors shall draw lots to determine:
   3-59              (1)  the two directors to serve terms that expire on
   3-60  September 1 of the second year following creation of the district;
   3-61  and
   3-62              (2)  the three directors to serve terms that expire on
   3-63  September 1 of the fourth year following creation of the district.
   3-64        Sec. 3.02.  QUALIFICATIONS FOR DIRECTORS.  To be qualified to
   3-65  serve as a director, a person shall be at least 21 years old, a
   3-66  resident citizen of the State of Texas, and a qualified voter
   3-67  within the county in which the district is located.
   3-68        Sec. 3.03.  PERSONS DISQUALIFIED FROM SERVING.  Section
   3-69  50.026, Water Code, relating to disqualification of directors,
   3-70  shall apply to directors of districts created under this Act.
    4-1        Sec. 3.04.  VACANCIES ON THE BOARD.  A vacancy in the office
    4-2  of director shall be filled by appointment of the commissioners
    4-3  court.
    4-4        Sec. 3.05.  REMOVAL OF DIRECTOR.  The governing body of the
    4-5  commissioners court, after notice and hearing, may remove a
    4-6  director for misconduct or failure to carry out the director's
    4-7  duties on petition by a majority of the remaining directors.
    4-8        Sec. 3.06.  ORGANIZATION OF BOARD.  After each appointment of
    4-9  directors by the commissioners court, and after the directors have
   4-10  qualified by taking the proper oath, they shall organize by
   4-11  electing a president, a vice president, a secretary, and any other
   4-12  officers as in the judgment of the board are considered necessary.
   4-13        Sec. 3.07.  QUORUM; OFFICERS' DUTIES; MANAGEMENT OF DISTRICT.
   4-14  Sections 54.107, 54.108, 54.111, and 54.118, Water Code, relating
   4-15  to quorum, officers' duties, and management of the district, shall
   4-16  govern the board of directors of a district created under this Act.
   4-17        Sec. 3.08.  MEETINGS AND NOTICE.  (a)  The board shall
   4-18  designate and establish a district office in the county.
   4-19        (b)  The board may establish regular meetings to conduct
   4-20  district business and may hold special meetings at other times as
   4-21  the business of a district requires.
   4-22        (c)  Notice of the time, place, and purpose of any meeting of
   4-23  the board shall be given by posting at a place convenient to the
   4-24  public within the district.  A copy of the notice shall be
   4-25  furnished to the clerk or clerks of the county in which the
   4-26  district is located, who shall post them on a bulletin board in the
   4-27  county courthouse used for such purpose.
   4-28        (d)  Except as herein provided the provisions of the open
   4-29  meetings law, Chapter 551, Government Code, shall be applicable to
   4-30  meetings of the board of directors.  Any interested person may
   4-31  attend any meeting of the board.
   4-32        Sec. 3.09.  DIRECTOR'S COMPENSATION; BOND AND OATH OF OFFICE.
   4-33  A director is not entitled to receive compensation for service on
   4-34  the board.  Sections 375.067, 375.069, and 375.070, Local
   4-35  Government Code, apply to directors of a district created under
   4-36  this Act.
   4-37        Sec. 3.10.  GOVERNMENTAL AGENCY; SUITS.  (a)  A district,
   4-38  when created and confirmed, may, through its directors, sue and be
   4-39  sued in any and all courts of this state in the name of the
   4-40  district.  Service of process in any suit may be had by serving any
   4-41  two directors.
   4-42        (b)  A district is a governmental agency, a body politic and
   4-43  corporate, and a political subdivision of the state.  Section
   4-44  375.004, Local Government Code, applies to a district created under
   4-45  this Act.
   4-46                     ARTICLE 4.  POWERS AND DUTIES
   4-47        Sec. 4.01.  POWERS.  (a)  A district shall have the power to
   4-48  acquire and dispose of projects and shall have all of the other
   4-49  powers, authority, rights, and duties which will permit
   4-50  accomplishment of the purposes for which the district was created.
   4-51        (b)  The district shall have the power to provide for general
   4-52  promotion and tourist advertising of the district and its vicinity
   4-53  and to conduct a marketing program to attract visitors, any of
   4-54  which may be conducted by the district pursuant to contracts for
   4-55  professional services with persons or organizations selected by the
   4-56  district.
   4-57        (c)  The district shall have the powers of a municipal
   4-58  management district created under Chapter 375, Local Government
   4-59  Code, to the extent not inconsistent with this Act.
   4-60        Sec. 4.02.  COMPETITIVE BIDDING; CONTRACT AWARD.  Section
   4-61  375.221 and 375.223, Local Government Code, apply to a district
   4-62  created under this Act.  Notwithstanding any other provision of
   4-63  this Act to the contrary, any contract between the district and a
   4-64  governmental entity or nonprofit corporation created under the
   4-65  Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
   4-66  Civil Statutes) shall not be subject to the competitive bidding
   4-67  requirement of this Act.
   4-68        Sec. 4.03.  EMINENT DOMAIN.  A district not located within
   4-69  the corporate limits of a municipality may exercise the power of
   4-70  eminent domain to acquire land or interests in land within the
    5-1  district deemed necessary by the board of directors of the district
    5-2  for the purpose of providing water and sewer services to an
    5-3  authorized project.  The right of eminent domain shall be exercised
    5-4  in the manner provided in Chapter 21, Property Code.
    5-5                 ARTICLE 5.  GENERAL FISCAL PROVISIONS
    5-6        Sec. 5.01.  EXPENDITURES.  A district's money may be
    5-7  disbursed only by check, draft, order, or other instrument which
    5-8  shall be signed by at least three directors.  The general manager,
    5-9  treasurer, or other employee of the district when authorized by
   5-10  resolution of the board may sign checks, drafts, orders, or other
   5-11  instruments on any district operation account and these need not be
   5-12  signed by anyone else.
   5-13        Sec. 5.02.  PURPOSES FOR BORROWING MONEY.  The district may
   5-14  borrow money for any corporate purpose or combination of corporate
   5-15  purposes.
   5-16        Sec. 5.03.  REPAYMENT OF ORGANIZATIONAL EXPENSES.  The
   5-17  district's directors are authorized to pay all costs and expenses
   5-18  necessarily incurred in the creation and organization of a
   5-19  district, the cost of investigation and making plans, the cost of
   5-20  the engineer's report, project designer fees, legal fees, and other
   5-21  incidental expenses and to reimburse any person for money advanced
   5-22  for these purposes.  These payments may be made from money obtained
   5-23  from the issuance of notes or the sale of bonds first issued by the
   5-24  district or out of other revenues of the district.
   5-25                     ARTICLE 6.  ISSUANCE OF BONDS
   5-26        Sec. 6.01.  ISSUANCE OF BONDS.  The district may issue bonds
   5-27  for the purpose of defraying all or part of the cost of any project
   5-28  as provided in this Act.  Sections 375.201 through 375.208,
   5-29  inclusive, Local Government Code, shall apply to a district created
   5-30  under this Act to the extent not inconsistent with this Act.
   5-31        Sec. 6.02.  MANNER OF REPAYMENT OF BONDS.  The board may
   5-32  provide for the payment of principal of and interest and redemption
   5-33  price on bonds from taxes; by pledging all or any part of the
   5-34  designated revenues, license fees, or other compensation from a
   5-35  project or any part thereof, including revenues and receipts
   5-36  derived by the district from the lease or sale of the project, or
   5-37  by pledging all or any part of any grant, donation, revenues, or
   5-38  income received or to be received from any public or private
   5-39  source; or from a combination of such sources.
   5-40        Sec. 6.03.  USE OF BOND PROCEEDS.  The district may use bond
   5-41  proceeds to pay interest on the bonds during and after the period
   5-42  of the acquisition or construction of a project, to pay
   5-43  administrative and operating expenses, to create a reserve fund for
   5-44  the payment of principal and interest on the bonds, and to pay all
   5-45  expenses incurred and to be incurred in the issuance, sale, and
   5-46  delivery of the bonds.
   5-47                           ARTICLE 7.  TAXES
   5-48        Sec. 7.01.  SALES AND USE TAX.  (a)  A district may levy a
   5-49  sales and use tax for the benefit of the district if authorized by
   5-50  a majority of the qualified voters of the district voting at an
   5-51  election called and held for that purpose.  The sales and use tax,
   5-52  if adopted, does not count toward the limitation imposed by Chapter
   5-53  323, Tax Code (County Sales and Use Tax Act), on any sales and use
   5-54  tax that has been levied by the county.
   5-55        (b)  If a district adopts the tax, there is imposed a tax on
   5-56  the receipts from the sale at retail of taxable items within the
   5-57  district at a rate of up to one-half of one percent.  For purposes
   5-58  of this section, the term "taxable items" includes all items
   5-59  subject to any sales and use tax that is imposed by the county in
   5-60  which the district is located if the county has imposed a sales and
   5-61  use tax.  There is also imposed an excise tax on the use, storage,
   5-62  or other consumption within the district of taxable items
   5-63  purchased, leased, or rented from a retailer during the period that
   5-64  the tax is effective within the district.  The rate of the excise
   5-65  tax is the same as the rate of the sales tax portion of the tax
   5-66  applied to the sales price of the taxable items and is included in
   5-67  the sales tax.
   5-68        (c)  Chapter 323, Tax Code (County Sales and Use Tax Act), to
   5-69  the extent not inconsistent with this Act, governs the imposition,
   5-70  computation, administration, and governance of the tax under this
    6-1  section, except that Subsections (b) and (e), Section 323.101, and
    6-2  Sections 323.209, 323.401 through 323.406, and 323.505 do not
    6-3  apply.  Chapter 323, Tax Code (County Sales and Use Tax Act), does
    6-4  not apply to the use and allocation of revenues under this Act.  In
    6-5  applying the procedures under Chapter 323, Tax Code (County Sales
    6-6  and Use Tax Act), the district's name shall be substituted for "the
    6-7  county" and "board of directors" is substituted for "commissioners
    6-8  court."
    6-9        (d)  The permissible rates for a local sales and use tax
   6-10  levied under this Act are one-fourth of one percent, three-eighths
   6-11  of one percent, and one-half of one percent.
   6-12        (e)  The board by order may decrease or abolish the local
   6-13  sales and use tax rate or may call an election to increase,
   6-14  decrease, or abolish the local sales and use tax rate.
   6-15        (f)  At the election, the ballots shall be prepared to permit
   6-16  voting for or against the proposition:  "The increase (decrease) of
   6-17  the local sales and use tax rate of (name of district) to
   6-18  (percentage) to be used for the promotion and development of
   6-19  tourism" or "The abolition of the district sales and use tax used
   6-20  for the promotion and development of tourism."  The increase or
   6-21  decrease in the tax rate is effective if it is approved by a
   6-22  majority of the votes cast.  In calling and holding the election,
   6-23  the board shall use the procedures for the confirmation and tax
   6-24  election set forth in Article 2 of this Act.
   6-25        (g)  Taxes collected under this section may be used only for
   6-26  the purposes for which the district was created, and the district
   6-27  may pledge the revenue derived from the taxes imposed under this
   6-28  section to the payment of bonds issued by the district.
   6-29              ARTICLE 8.  ADDING AND EXCLUDING TERRITORY;
   6-30                CONSOLIDATING AND DISSOLVING DISTRICTS
   6-31        Sec. 8.01.  ADDING AND EXCLUDING LAND FROM THE DISTRICT.
   6-32  (a)  Before the board issues bonds, the board may, on its own
   6-33  motion or on request of a landowner in the district, petition the
   6-34  county commissioners for the addition of land to or exclusion of
   6-35  land from the district.
   6-36        (b)  If the commissioners court unanimously determines from
   6-37  the evidence that the best interests of the persons and property in
   6-38  the district will be served by adding or excluding land, the
   6-39  commissioners court shall enter in its records the appropriate
   6-40  findings and order adding or excluding land.
   6-41        Sec. 8.02.  DISSOLUTION OF DISTRICT.  (a)  A district may be
   6-42  dissolved only as provided by this section.
   6-43        (b)  The board of directors may petition the commissioners
   6-44  court to dissolve the district if a majority of the board finds at
   6-45  any time (1) before the authorization of bonds or the final lending
   6-46  of its credit, that the proposed undertaking is impracticable or
   6-47  cannot be successfully and beneficially accomplished, or (2) that
   6-48  all bonds of the district or other debts of the district have been
   6-49  paid and the purposes of the district have been accomplished.
   6-50        (c)  On receipt of a petition from the board for dissolution
   6-51  of the district, the county commissioners shall hold a hearing as
   6-52  provided in Article 2 of this Act.
   6-53        (d)  If the commissioners court unanimously determines from
   6-54  the evidence that the best interests of the county and the owners
   6-55  of property and interests in property within the district will be
   6-56  served by dissolving the district, the commissioners court shall
   6-57  enter in its records the appropriate findings and order dissolving
   6-58  the district.  Otherwise the commissioners court shall enter its
   6-59  order providing that the district has not been dissolved.  On
   6-60  dissolution of the district, funds and property of the district, if
   6-61  any, shall be transferred to the commissioners court.
   6-62        SECTION 2.  Chapter 352, Tax Code, is amended by adding
   6-63  Section 352.107 to read as follows:
   6-64        Sec. 352.107.  HOTEL TAX AUTHORIZED FOR COUNTY DEVELOPMENT
   6-65  DISTRICTS.  Notwithstanding any other provision of this chapter to
   6-66  the contrary, a commissioners court of a county with a population
   6-67  of less than 400,000 may impose a hotel occupancy tax not to exceed
   6-68  seven percent on a person who pays for the use or possession or for
   6-69  the right to the use or possession of a room in a hotel ordinarily
   6-70  used for sleeping that is located within the boundaries of the
    7-1  county development district created under Article 2372d-9, Revised
    7-2  Statutes, and that is not located within the corporate limits of a
    7-3  municipality, subject to the limitations set forth in Section
    7-4  352.002(b) and (c).  Taxes collected by a county under this section
    7-5  shall be remitted to the county development district not later than
    7-6  the 10th day after the date the county receives such funds and may
    7-7  be used by the district for the purposes for which sales and use
    7-8  tax proceeds may be used by the district.
    7-9        SECTION 3.  The importance of this legislation and the
   7-10  crowded condition of the calendars in both houses create an
   7-11  emergency and an imperative public necessity that the
   7-12  constitutional rule requiring bills to be read on three several
   7-13  days in each house be suspended, and this rule is hereby suspended,
   7-14  and that this Act take effect and be in force from and after its
   7-15  passage, and it is so enacted.
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