Amend the engrossed version of HB 3799 as follows:
(1) On page 4, between lines 15 and 16 insert the following:
"Thence in a southeasterly direction with the centerline of the
right of way of the HB&T Railway to the point of intersection with
the centerline of the right of way of Milby Street,
Thence in a southwesterly direction with the centerline of
the right of way of Milby Street to the point of intersection with
the centerline of the right of Leeland Avenue,
Thence in a southeasterly direction with the centerline of
the right of way of Leeland Avenue to the point of intersection
with the centerline of the right of way of the HB&T Railway."
(2) On page 4, line 17, between "beginning" and ".", insert
the following:
", SAVE AND EXCEPT all tracts or parcels of land, rights of way,
facilities, and improvements owned by a utility"
(3) On page 5, line 25 after "center;" insert "and."
(4) On page 6, line 3, strike "and."
(5) On page 6, lines 4 through 9 strike "(4) further
eliminate unemployment and underemployment and develop or expand
transportation and commerce by providing or by participating with
other entities and educational institutions in the establishment,
equipping, financing, and operation of workforce development,
workforce education, and job training opportunities."
(6) On page 6, line 20, after "district," insert "and its
governing body and employees."
(7) On page 8, line 5, strike "and."
(8) On page 8, line 8, after "375," insert "; and."
(9) On page 8, between lines 8 and 9 insert the following:
"(6) the powers given to a housing finance corporation
created under Chapter 394 to provide housing or residential
development projects in the district."
(10) On page 8, line 11, insert the following:
"Sec. 376.3125. EX OFFICIO BOARD MEMBERS.
(a) The following persons shall serve as a nonvoting ex
officio director:
(1) the director of the following departments of the
municipality:
(A) parks and recreation;
(B) planning and development;
(C) public works; and
(D) civic center.
(2) the municipality's chief of police;
(3) the general manager of the Metropolitan Transit
Authority; and
(4) the presidents of any institutions of higher
learning located in the district.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
ex officio board member. If a department described by Subsection
(a) is abolished, the board may appoint a representative of another
department of the municipality that performs duties comparable to
those performed by the abolished department.
(c) The board may appoint the presiding officer of a
nonprofit corporation that is actively involved in activities in
the municipality's midtown area to serve as a nonvoting ex officio
director."
(11) On page 8, line 11, insert the following:
"Sec. 376.3128. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided in this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171 governs conflicts of interest for
board members.
(b) Section 171.004 does not apply to the district. A
director who has a substantial interest in a business or charitable
entity that will receive a pecuniary benefit from a board action
shall file a one-time affidavit declaring the interest. An
additional affidavit is not required if the director's interest
changes. After the affidavit is filed with the board secretary,
the director may participate in a discussion or vote on that action
if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a
public entity may not participate in the discussion of or vote on a
matter regarding a contract with that same public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002."
(12) On page 13, lines 18-27, strike "Sec. 376.324.
WORKFORCE DEVELOPMENT SERVICES AND PROJECTS. (A) As soon as
possible after its creation, the district shall develop and
implement a plan for workforce development services. The services
may include: (1) job training; (2) workforce education;
(3) financing of special educational opportunities; (4) student
summer work programs, or (5) other projects that promote workforce
development. (b) The district's initial plan under Subsection (a)
must."
(13) On page 14, lines 1 through 13, strike "be for a period
of at least five years. For the first five years of the plan, the
district shall allocate to the services listed in Subsection (a)
not less than three percent of its assessment revenues.
(c) The district may develop and implement additional plans
under Subsection (a).
(d) To assist in implementing this section, the district
may:
(1) accept a donation, grant, or loan from any person;
(2) work with schools of all levels;
(3) work with any person that provides workforce
development funds or projects; or"
(14) On page 15, between lines 21 and 22, insert the
following:
"Sec. 376.327 COMPETITIVE BIDDING UNIT. Section 375.221
does not apply to the district unless the contract is for more than
$25,000.
Sec. 376.328 ANNEXATION. The district may (1) annex
territory as provided by Subchapter C, Chapter 375; and (2) annex
territory located inside the boundaries of a reinvestment zone
created by the municipality under Chapter 311 Tax Code if the
governing body of the municipality consents to the annexation.
Sec. 376.329. AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL
AGREEMENTS, AND LAW ENFORCEMENT SERVICES.
(a) The district may make an agreement with or accept a
donation, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
(c) To protect the public interest, the district may
contract with the municipality or the county for the municipality
or county to provide law enforcement services in the district for a
fee."
(15) On page 16, line 21, strike "Alfred Bennet" and
substitute "Alfred H. Bennett."
(16) On page 17, line 9, strike "Al Odam" and substitute
"Harold A. Odom, III."