By Coleman, Danburg H.B. No. 3300
76R5934 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limits on eminent domain and a code of conduct for
1-3 sports and community venue districts in certain populous counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 335, Local Government Code,
1-6 is amended by adding Section 335.0711 to read as follows:
1-7 Sec. 335.0711. LIMIT ON POWER OF EMINENT DOMAIN IN CERTAIN
1-8 DISTRICTS. (a) For purposes of this section, "facility site"
1-9 means a site for:
1-10 (1) an arena, coliseum, stadium, or other type of area
1-11 or facility:
1-12 (A) that is used or is planned for use for one
1-13 or more professional or amateur sports events, community events, or
1-14 other sports events, including rodeos, livestock shows,
1-15 agricultural expositions, promotional events, and other civic or
1-16 charitable events; and
1-17 (B) for which a fee for admission to the events
1-18 is charged or is planned to be charged; or
1-19 (2) a convention center facility or related
1-20 improvement such as a convention center, civic center, civic center
1-21 building, auditorium, theater, opera house, music hall, exhibition
1-22 hall, rehearsal hall, museum, or aquarium.
1-23 (b) This section applies only to a district located in a
1-24 county with a population of 2.4 million or more.
2-1 (c) A district may use its power of eminent domain under
2-2 Section 335.071 only to acquire a facility site as part of an
2-3 approved venue project. A district may not use its right and power
2-4 of eminent domain for any other purpose.
2-5 (d) A district may not participate in any way in planning or
2-6 zoning issues before the governing body of a municipality.
2-7 SECTION 2. Chapter 335, Local Government Code, is amended by
2-8 adding Subchapter F to read as follows:
2-9 SUBCHAPTER F. CODE OF CONDUCT FOR CERTAIN DISTRICTS
2-10 Sec. 335.101. DEFINITIONS. In this subchapter:
2-11 (1) "Director" means a board member.
2-12 (2) "Employee" means a district employee.
2-13 Sec. 335.102. APPLICABILITY OF SUBCHAPTER. This subchapter
2-14 applies only to a district located in a county with a population of
2-15 2.4 million or more.
2-16 Sec. 335.103. APPLICABILITY OF LAWS. (a) Chapter 171
2-17 applies to an employee as if the employee was a local public
2-18 official, as that term is defined by Section 171.001.
2-19 (b) Chapter 553, Government Code, applies to an employee as
2-20 if the employee was a public servant, as that term is defined by
2-21 Section 553.001, Government Code.
2-22 (c) Chapter 573, Government Code, applies to an employee as
2-23 if the employee was a public official, as that term is defined in
2-24 Section 573.001, Government Code.
2-25 Sec. 335.104. DISTRIBUTION OF CODE OF CONDUCT. The
2-26 presiding officer of the board shall provide to directors and
2-27 employees, as often as necessary, a code of conduct regarding the
3-1 requirements for office or employment under this chapter,
3-2 including:
3-3 (1) information regarding a person's responsibilities
3-4 relating to standards of conduct for a government officer or
3-5 employee;
3-6 (2) a summary and citation of the laws applicable to
3-7 a district officer or employee;
3-8 (3) this subchapter; and
3-9 (4) any additional requirements that the board may by
3-10 rule add to the code of conduct.
3-11 Sec. 335.105. RULEMAKING. The board by rule may modify its
3-12 code of conduct.
3-13 Sec. 335.106. GENERAL DUTIES. A director or employee shall:
3-14 (1) be, and give the appearance of being, independent
3-15 and impartial;
3-16 (2) place, and give the appearance of placing, the
3-17 public interest above any private interest in the person's position
3-18 of public trust; and
3-19 (3) strive to instill confidence in the integrity of
3-20 the board and employees.
3-21 Sec. 335.107. VENDOR REQUIREMENTS. (a) This section
3-22 applies to a vendor who:
3-23 (1) responds to a district request for a proposal; or
3-24 (2) otherwise communicates with the district in
3-25 connection with a potential agreement between that vendor and the
3-26 district.
3-27 (b) The board by rule shall design a conflict of interest
4-1 questionnaire that requires disclosure of a vendor's affiliations
4-2 or business relationships that might cause a conflict of interest.
4-3 (c) A vendor shall file a completed conflict of interest
4-4 questionnaire with the board secretary not less than seven days
4-5 after the vendor:
4-6 (1) begins contract discussions or negotiations with
4-7 the district; or
4-8 (2) forwards an application, response to a request for
4-9 proposal, correspondence, or other writings related to an agreement
4-10 or potential agreement with the district.
4-11 (d) The board may not approve an agreement with a vendor
4-12 unless the vendor's completed questionnaire has been on file with
4-13 the board secretary for not less than five days.
4-14 (e) A vendor shall file an updated completed questionnaire
4-15 with the board secretary:
4-16 (1) on September 1 of each year; and
4-17 (2) after each event that would make a statement in
4-18 the questionnaire incomplete or inaccurate.
4-19 (f) Each contract entered into between a district and a
4-20 vendor shall contain a provision stating that the contract is void
4-21 if the board or vendor violates this section. A contract entered
4-22 into between a district and a vendor is void if the board or a
4-23 vendor violates this section.
4-24 Sec. 335.108. DISCLOSURE OF VENDOR RELATIONSHIP BY DIRECTORS
4-25 AND EMPLOYEES. (a) The board by rule shall design a conflicts
4-26 disclosure statement for directors and employees that includes:
4-27 (1) a requirement that each director and employee
5-1 disclose:
5-2 (A) an employment or other business relationship
5-3 with a vendor that results in the director's or employee's
5-4 receiving taxable income, including the nature and extent of the
5-5 relationship; and
5-6 (B) any gifts received in a 12-month period by
5-7 that director or employee from a vendor that have a total value of
5-8 more than $250;
5-9 (2) an acknowledgment from the director or employee
5-10 that:
5-11 (A) the disclosure applies to a person related
5-12 to that director or employee within the first degree by
5-13 consanguinity or by affinity, as defined by Subchapter B, Chapter
5-14 573, Government Code; and
5-15 (B) the statement covers the preceding 12
5-16 months; and
5-17 (3) a signature by the director or employee
5-18 acknowledging execution of the statement under penalty of perjury.
5-19 (b) The disclosure requirement applies to a director or
5-20 employee and a person related to that director or employee within
5-21 the first degree by consanguinity or by affinity, as defined by
5-22 Subchapter B, Chapter 573, Government Code.
5-23 (c) A director or employee shall file a conflicts disclosure
5-24 statement with the board secretary not later than the end of the
5-25 first business day on which the director or employee became aware
5-26 of the relationship between the district and the vendor if:
5-27 (1) the vendor has contracted with the district;
6-1 (2) the district is considering conducting business
6-2 with the vendor; or
6-3 (3) a vendor offered one or more gifts to that
6-4 director or employee in the previous 12-month period that have a
6-5 total value of more than $250.
6-6 (d) If a director has knowledge that another director has
6-7 not made a disclosure required by this section, the director may
6-8 notify the presiding officer of the board of this fact, or may
6-9 notify the board secretary if the presiding officer is the person
6-10 who failed to make the disclosure. The presiding officer or
6-11 secretary, as appropriate, may make a preliminary inquiry regarding
6-12 the disclosure and may notify in writing the official who appointed
6-13 the director of the alleged failure to disclose and the reasons for
6-14 believing that a failure to disclose occurred.
6-15 (e) An employee may not receive during a 12-month period any
6-16 gifts from a vendor that have a total value of more than $250
6-17 unless the employee receives written approval from the presiding
6-18 officer.
6-19 Sec. 335.109. REQUEST FOR OPINION FROM GENERAL COUNSEL. (a)
6-20 An employee, with the presiding officer's consent, or a director
6-21 may seek a written advisory opinion from the district's general
6-22 counsel concerning whether a violation of Section 335.107 or
6-23 335.108 exists in a certain situation. The request must provide
6-24 detailed information about the alleged violation or hypothetical
6-25 situation.
6-26 (b) After receiving a request, the district's general
6-27 counsel shall prepare a written advisory opinion addressing whether
7-1 a violation has occurred under the information provided.
7-2 (c) A director or employee may rely in good faith on a
7-3 written advisory opinion issued under this section with respect to
7-4 a potential violation of Section 335.107 or 335.108.
7-5 Sec. 335.110. PENALTIES. The board may reprimand, suspend,
7-6 or terminate an employee who violates the district's code of
7-7 conduct.
7-8 SECTION 3. (a) This Act takes effect September 1, 1999.
7-9 (b) Section 335.107, Local Government Code, as added by this
7-10 Act, applies only to:
7-11 (1) a contract entered into by a vendor on or after
7-12 September 1, 1999; or
7-13 (2) a renewal or extension of a contract entered into
7-14 before September 1, 1999, that occurs on or after September 1,
7-15 1999.
7-16 SECTION 4. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended.
7-21 COMMITTEE AMENDMENT NO. 1
7-22 Amend H.B. 3300 as follows:
7-23 (1) On page 1, strike lines 7 through 9, and substitute:
7-24 Sec. 335.0711. LIMIT ON POWER TO OWN OR ACQUIRE REAL
7-25 PROPERTY IN CERTAIN DISTRICTS. (a) In this section:
7-26 (1) "Facility site" means a site for:
7-27 (2) On page 1, line 10, strike "(1)" and substitute "(A)".
8-1 (3) On page 1, line 12, strike "(A)" and substitute "(i)".
8-2 (4) On page 1, line 17, strike "(B)" and substitute "(ii)".
8-3 (5) On page 1, line 19, strike "(2)" and substitute "(B)".
8-4 (6) On page 1, between lines 22 and 23, insert:
8-5 (2) "Real property" includes an arena, coliseum,
8-6 stadium, facility site, and related infrastructure.
8-7 (3) "Related infrastructure" means a store,
8-8 restaurant, on-site hotel, concession, automobile parking facility,
8-9 road, street, water or sewer facility, or other on-site improvement
8-10 that relates to and enhances the use, value, or appeal of a venue.
8-11 (7) On page 2, strike lines 1 through 4, and substitute:
8-12 (c) A district may not own or acquire real property by
8-13 eminent domain or any other method unless:
8-14 (1) the property is for a facility site or related
8-15 infrastructure as part of an approved venue project in existence as
8-16 of April 1, 1999; and
8-17 (2) the governing bodies of the municipality and
8-18 county by resolution or order approve the acquisition.
8-19 (8) On page 2, between lines 10 and 11, insert:
8-20 (1) "Code of conduct" means the rules adopted by a
8-21 board under Section 335.104.
8-22 (9) On page 2, line 11, strike "(1)" and substitute "(2)".
8-23 (10) On page 2, line 12, strike "(2)" and substitute "(3)".
8-24 (11) Strike page 2, line 25, through page 3, line 10, and
8-25 substitute:
8-26 Sec. 335.104. CREATION OF CODE OF CONDUCT; DISTRIBUTION.
8-27 (a) The board by rule shall adopt and maintain a code of conduct
9-1 that establishes the general duties of directors and employees of
9-2 the district and specific rules for directors, employees, and
9-3 vendors. The code of conduct must include:
9-4 (1) information regarding a person's duties relating
9-5 to the standards of conduct for a government officer or employee;
9-6 (2) a summary of and citation to the laws applicable
9-7 to the conduct of a district officer, employee, or vendor,
9-8 including a copy of the text of this subchapter;
9-9 (3) disclosure requirements for directors, employees,
9-10 and vendors; and
9-11 (4) a summary of penalties provided by this subchapter
9-12 and other law.
9-13 (b) The presiding officer of the board shall provide to
9-14 directors, employees, and vendors, as often as necessary, the code
9-15 of conduct created under this section.
9-16 (12) On page 4, strike lines 11 through 13.
9-17 (13) On page 4, line 14, strike "(e)" and substitute "(d)".
9-18 (14) On page 4, line 19, strike "(f)" and substitute "(e)".
9-19 (15) On page 4, line 20, strike "void" and substitute
9-20 "voidable".
9-21 (16) On page 4, line 22, strike "void" and substitute
9-22 "voidable".
9-23 (17) On page 5, line 20, between "and" and "a", insert
9-24 "requires disclosure for".
9-25 76R12013 MXM-D Danburg
9-26 COMMITTEE AMENDMENT NO. 2
9-27 Amend H.B. 3300 as follows:
10-1 (1) On page 7, between lines 7 and 8, insert:
10-2 SECTION 3. Section 335.031(c), Local Government Code, is
10-3 amended to read as follows:
10-4 (c) Directors serve staggered two-year terms. A director
10-5 may be removed by the appointing person [mayor or county judge] at
10-6 any time without cause. Successor directors are appointed in the
10-7 same manner as the original appointees.
10-8 SECTION 4. Section 335.034, Local Government Code, is
10-9 amended to read as follows:
10-10 Sec. 335.034. OFFICERS. Except as provided by Section
10-11 335.035, the [The] presiding officer is designated as provided by
10-12 the concurrent order. The board shall designate from the members
10-13 of the board a secretary and other officers the board considers
10-14 necessary.
10-15 SECTION 5. Subchapter C, Chapter 335, Local Government Code,
10-16 is amended by adding Section 335.035 to read as follows:
10-17 Sec. 335.035. ADDITIONAL REQUIREMENTS FOR BOARD OF DISTRICT
10-18 CREATED IN POPULOUS COUNTY. (a) This section applies only to the
10-19 board of a district located in a county with a population of 2.4
10-20 million or more.
10-21 (b) The mayor of each municipality and the commissioners
10-22 court of each county that create the district shall appoint an
10-23 equal number of directors in accordance with the orders creating
10-24 the district and Section 335.031. An appointment of a director by
10-25 a mayor must be confirmed by a majority vote of the governing body
10-26 of the municipality.
10-27 (c) The mayors of the municipalities and the commissioners
11-1 courts of the counties that create the district shall appoint a
11-2 presiding officer by concurrent orders on or before the 30th day
11-3 after the date a vacancy occurs in the presiding officer's
11-4 position. The appointment must be confirmed by a majority vote of
11-5 the governing body of each municipality. The presiding officer
11-6 serves for a two-year term.
11-7 (d) If the mayors and the commissioners courts fail to agree
11-8 on the appointment of a presiding officer under Subsection (c), the
11-9 board shall appoint, from the district's directors, a presiding
11-10 officer by a majority vote at the first board meeting that follows
11-11 the 30-day period described by Subsection (c). The confirmation
11-12 requirement of Subsection (c) does not apply to an appointment of a
11-13 presiding officer under this subsection.
11-14 (e) A presiding officer appointed under Subsection (d) shall
11-15 resign as a director before serving as presiding officer. The
11-16 vacancy created by the resignation is filled by the authority that
11-17 appointed the director. The appointed director serves for the
11-18 remainder of the vacated term.
11-19 (f) Section 335.031(b) does not apply to a district located
11-20 in a county with a population of 2.4 million or more.
11-21 (2) On page 7, between lines 15 and 16, insert:
11-22 (c) The change in law made by Section 335.035, Local
11-23 Government Code, as added by this Act, applies only to an
11-24 appointment of a director or presiding officer to the board of a
11-25 venue district on or after the effective date of this Act. An
11-26 appointment of a director or presiding officer to the board of a
11-27 venue district before the effective date of this Act is governed by
12-1 the law in effect immediately before the effective date, and that
12-2 law is continued in effect for that purpose.
12-3 (3) Renumber the subsequent sections of the bill
12-4 appropriately.
12-5 76R12604 MXM-D Danburg