SRC-HRD S.B. 1843 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1843
By: Harris
Intergovernmental Relations
4-14-97
As Filed


DIGEST 

Currently, under Texas law, it is unclear whether two or more cities can
join together and use proceeds from the half-cent sales tax for economic
development to construct and operate facilities such as a library or
emergency medical services facility.  In some areas in Texas, the ability
of small cities to pool their resources may enable them to better serve
the citizens in all their respective communities, and help save taxpayer
money.  This bill is intended to clarify a city's ability to use proceeds
from the half-cent sales tax for economic development to jointly construct
and operate facilities. 

PURPOSE

As proposed, S.B. 1843 authorizes public entities to join together in the
planning, acquisition, financing, construction, ownership, operating, and
maintenance of public facilities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 10, Local Government Code, by adding Chapter 344,
as follows: 

CHAPTER 334.   JOINT OWNERSHIP OF PUBLIC FACILITIES

Sec. 334.001.  Provides that the purpose of this chapter is to clarify and
make definitive and secure the right and authority of public entities to
join together as co-tenants or co-owners in the planning, financing,
acquisition, construction, ownership, operating, and maintenance of public
facilities as a means of achieving economies of scale and making more
efficient use of public resources. 

Sec. 334.002.  Defines "public entities" and "public facilities."

Sec. 334.003.  Provides that two or more public entities are authorized to
join together to finance, acquire, construct, operate, and maintain public
facilities and to enter into agreements for the planning, financing,
acquisition, construction, ownership, operation, and maintenance of such
public facilities so the same (or an undivided interest therein) will be
jointly owned as co-tenants or co-owners with certain ownership interests.
Sets forth provisions regarding the rights, powers, and liabilities of a
public entity, and regarding agreements between public entities relating
to certain public facilities.   

Sec. 334.004.  Sets forth the rights and powers of each public entity
regarding certain public facilities. 

Sec. 334.005.  Requires the powers and duties herein granted to public
entities to be in addition to and in substitution for any powers and
authority granted to public entities under the laws of this state, and
requires the exercise by any public entities of the powers and authority
granted hereby and the performance or effectuation of any agreements
entered into pursuant to the provisions hereof to be deemed to constitute
addition public purposes of such  public entities, notwithstanding the
existence of any expressed or implied limitations of the powers,
authority, or purposes under any other general or special laws or charter
provisions. 

SECTION 2. Severability clause.

SECTION 3. Emergency clause.
  Effective date: upon passage.