1-1 By: Coleman, Danburg (Senate Sponsor - Whitmire) H.B. No. 3300
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 14, 1999, reported favorably, as
1-5 amended, by the following vote: Yeas 4, Nays 0; May 14, 1999, sent
1-6 to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Lindsay
1-8 Amend H.B. 3300 as follows:
1-9 (1) On page 4, line 38 insert "whole or in part in" after "in" and
1-10 before "a".
1-11 (2) On page 4, line 49 insert "on which either the two year term
1-12 of office expires or" after "date" and before "a".
1-13 COMMITTEE AMENDMENT NO. 2 By: Lindsay
1-14 Amend HB 3300 as follows:
1-15 Delete all of subsection c on page 2, lines 11 through 17 and
1-16 replace it with a new subsection c as follows:
1-17 (c) Notwithstanding any other provision of this chapter, a
1-18 district may not own or acquire real property by eminent domain or
1-19 any other method unless the property is for a facility site or
1-20 related infrastructure as part of an approved venue project.
1-21 COMMITTEE AMENDMENT NO. 3 By: Lindsay
1-22 Amend H.B. 3300 as follows:
1-23 (1) On page 4, between lines 66 and 67 (House Engrossment),
1-24 insert the following appropriately numbered new section and
1-25 renumber subsequent sections appropriately:
1-26 SECTION ___. Section 335.054, Local Government Code, is
1-27 amended by adding new Subsection (e) as follows:
1-28 (e) Notwithstanding Subsections (c) and (d) of this section,
1-29 if a district is presently collecting taxes from one or more
1-30 methods of financing and seeks to use a portion of the revenue from
1-31 the tax or taxes to finance the venue project and does not seek to
1-32 change the rate of tax or taxes, the ballot at the election or
1-33 elections held under this section must be printed to permit voting
1-34 for or against the proposition: "Authorizing (insert
1-35 name of district) to (insert description of venue
1-36 project) using a portion of existing (insert type of tax or
1-37 taxes) tax for the purpose of financing the project."
1-38 A BILL TO BE ENTITLED
1-39 AN ACT
1-40 relating to limits on eminent domain, a code of conduct, and the
1-41 board of directors for sports and community venue districts in
1-42 certain populous counties.
1-43 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-44 SECTION 1. Subchapter E, Chapter 335, Local Government Code,
1-45 is amended by adding Section 335.0711 to read as follows:
1-46 Sec. 335.0711. LIMIT ON POWER TO OWN OR ACQUIRE REAL
1-47 PROPERTY IN CERTAIN DISTRICTS. (a) In this section:
1-48 (1) "Facility site" means a site for:
1-49 (A) an arena, coliseum, stadium, or other type
1-50 of area or facility:
1-51 (i) that is used or is planned for use for
1-52 one or more professional or amateur sports events, community
1-53 events, or other sports events, including rodeos, livestock shows,
1-54 agricultural expositions, promotional events, and other civic or
1-55 charitable events; and
1-56 (ii) for which a fee for admission to the
1-57 events is charged or is planned to be charged; or
1-58 (B) a convention center facility or related
1-59 improvement such as a convention center, civic center, civic center
2-1 building, auditorium, theater, opera house, music hall, exhibition
2-2 hall, rehearsal hall, museum, or aquarium.
2-3 (2) "Real property" includes an arena, coliseum,
2-4 stadium, facility site, and related infrastructure.
2-5 (3) "Related infrastructure" means a store,
2-6 restaurant, on-site hotel, concession, automobile parking facility,
2-7 road, street, water or sewer facility, or other on-site improvement
2-8 that relates to and enhances the use, value, or appeal of a venue.
2-9 (b) This section applies only to a district located in a
2-10 county with a population of 2.4 million or more.
2-11 (c) A district may not own or acquire real property by
2-12 eminent domain or any other method unless:
2-13 (1) the property is for a facility site or related
2-14 infrastructure as part of an approved venue project in existence as
2-15 of April 1, 1999; and
2-16 (2) the governing bodies of the municipality and
2-17 county by resolution or order approve the acquisition.
2-18 (d) A district may not participate in any way in planning or
2-19 zoning issues before the governing body of a municipality.
2-20 SECTION 2. Chapter 335, Local Government Code, is amended by
2-21 adding Subchapter F to read as follows:
2-22 SUBCHAPTER F. CODE OF CONDUCT FOR CERTAIN DISTRICTS
2-23 Sec. 335.101. DEFINITIONS. In this subchapter:
2-24 (1) "Code of conduct" means the rules adopted by a
2-25 board under Section 335.104.
2-26 (2) "Director" means a board member.
2-27 (3) "Employee" means a district employee.
2-28 Sec. 335.102. APPLICABILITY OF SUBCHAPTER. This subchapter
2-29 applies only to a district located in a county with a population of
2-30 2.4 million or more.
2-31 Sec. 335.103. APPLICABILITY OF LAWS. (a) Chapter 171
2-32 applies to an employee as if the employee was a local public
2-33 official, as that term is defined by Section 171.001.
2-34 (b) Chapter 553, Government Code, applies to an employee as
2-35 if the employee was a public servant, as that term is defined by
2-36 Section 553.001, Government Code.
2-37 (c) Chapter 573, Government Code, applies to an employee as
2-38 if the employee was a public official, as that term is defined in
2-39 Section 573.001, Government Code.
2-40 Sec. 335.104. CREATION OF CODE OF CONDUCT; DISTRIBUTION.
2-41 (a) The board by rule shall adopt and maintain a code of conduct
2-42 that establishes the general duties of directors and employees of
2-43 the district and specific rules for directors, employees, and
2-44 vendors. The code of conduct must include:
2-45 (1) information regarding a person's duties relating
2-46 to the standards of conduct for a government officer or employee;
2-47 (2) a summary of and citation to the laws applicable
2-48 to the conduct of a district officer, employee, or vendor,
2-49 including a copy of the text of this subchapter;
2-50 (3) disclosure requirements for directors, employees,
2-51 and vendors; and
2-52 (4) a summary of penalties provided by this subchapter
2-53 and other law.
2-54 (b) The presiding officer of the board shall provide to
2-55 directors, employees, and vendors, as often as necessary, the code
2-56 of conduct created under this section.
2-57 Sec. 335.105. RULEMAKING. The board by rule may modify its
2-58 code of conduct.
2-59 Sec. 335.106. GENERAL DUTIES. A director or employee shall:
2-60 (1) be, and give the appearance of being, independent
2-61 and impartial;
2-62 (2) place, and give the appearance of placing, the
2-63 public interest above any private interest in the person's position
2-64 of public trust; and
2-65 (3) strive to instill confidence in the integrity of
2-66 the board and employees.
2-67 Sec. 335.107. VENDOR REQUIREMENTS. (a) This section
2-68 applies to a vendor who:
2-69 (1) responds to a district request for a proposal; or
3-1 (2) otherwise communicates with the district in
3-2 connection with a potential agreement between that vendor and the
3-3 district.
3-4 (b) The board by rule shall design a conflict of interest
3-5 questionnaire that requires disclosure of a vendor's affiliations
3-6 or business relationships that might cause a conflict of interest.
3-7 (c) A vendor shall file a completed conflict of interest
3-8 questionnaire with the board secretary not less than seven days
3-9 after the vendor:
3-10 (1) begins contract discussions or negotiations with
3-11 the district; or
3-12 (2) forwards an application, response to a request for
3-13 proposal, correspondence, or other writings related to an agreement
3-14 or potential agreement with the district.
3-15 (d) A vendor shall file an updated completed questionnaire
3-16 with the board secretary:
3-17 (1) on September 1 of each year; and
3-18 (2) after each event that would make a statement in
3-19 the questionnaire incomplete or inaccurate.
3-20 (e) Each contract entered into between a district and a
3-21 vendor shall contain a provision stating that the contract is
3-22 voidable if the board or vendor violates this section. A contract
3-23 entered into between a district and a vendor is voidable if the
3-24 board or a vendor violates this section.
3-25 Sec. 335.108. DISCLOSURE OF VENDOR RELATIONSHIP BY DIRECTORS
3-26 AND EMPLOYEES. (a) The board by rule shall design a conflicts
3-27 disclosure statement for directors and employees that includes:
3-28 (1) a requirement that each director and employee
3-29 disclose:
3-30 (A) an employment or other business relationship
3-31 with a vendor that results in the director's or employee's
3-32 receiving taxable income, including the nature and extent of the
3-33 relationship; and
3-34 (B) any gifts received in a 12-month period by
3-35 that director or employee from a vendor that have a total value of
3-36 more than $250;
3-37 (2) an acknowledgment from the director or employee
3-38 that:
3-39 (A) the disclosure applies to a person related
3-40 to that director or employee within the first degree by
3-41 consanguinity or by affinity, as defined by Subchapter B, Chapter
3-42 573, Government Code; and
3-43 (B) the statement covers the preceding 12
3-44 months; and
3-45 (3) a signature by the director or employee
3-46 acknowledging execution of the statement under penalty of perjury.
3-47 (b) The disclosure requirement applies to a director or
3-48 employee and requires disclosure for a person related to that
3-49 director or employee within the first degree by consanguinity or by
3-50 affinity, as defined by Subchapter B, Chapter 573, Government Code.
3-51 (c) A director or employee shall file a conflicts disclosure
3-52 statement with the board secretary not later than the end of the
3-53 first business day on which the director or employee became aware
3-54 of the relationship between the district and the vendor if:
3-55 (1) the vendor has contracted with the district;
3-56 (2) the district is considering conducting business
3-57 with the vendor; or
3-58 (3) a vendor offered one or more gifts to that
3-59 director or employee in the previous 12-month period that have a
3-60 total value of more than $250.
3-61 (d) If a director has knowledge that another director has
3-62 not made a disclosure required by this section, the director may
3-63 notify the presiding officer of the board of this fact, or may
3-64 notify the board secretary if the presiding officer is the person
3-65 who failed to make the disclosure. The presiding officer or
3-66 secretary, as appropriate, may make a preliminary inquiry regarding
3-67 the disclosure and may notify in writing the official who appointed
3-68 the director of the alleged failure to disclose and the reasons for
3-69 believing that a failure to disclose occurred.
4-1 (e) An employee may not receive during a 12-month period any
4-2 gifts from a vendor that have a total value of more than $250
4-3 unless the employee receives written approval from the presiding
4-4 officer.
4-5 Sec. 335.109. REQUEST FOR OPINION FROM GENERAL COUNSEL. (a)
4-6 An employee, with the presiding officer's consent, or a director
4-7 may seek a written advisory opinion from the district's general
4-8 counsel concerning whether a violation of Section 335.107 or
4-9 335.108 exists in a certain situation. The request must provide
4-10 detailed information about the alleged violation or hypothetical
4-11 situation.
4-12 (b) After receiving a request, the district's general
4-13 counsel shall prepare a written advisory opinion addressing whether
4-14 a violation has occurred under the information provided.
4-15 (c) A director or employee may rely in good faith on a
4-16 written advisory opinion issued under this section with respect to
4-17 a potential violation of Section 335.107 or 335.108.
4-18 Sec. 335.110. PENALTIES. The board may reprimand, suspend,
4-19 or terminate an employee who violates the district's code of
4-20 conduct.
4-21 SECTION 3. Section 335.031(c), Local Government Code, is
4-22 amended to read as follows:
4-23 (c) Directors serve staggered two-year terms. A director
4-24 may be removed by the appointing person [mayor or county judge] at
4-25 any time without cause. Successor directors are appointed in the
4-26 same manner as the original appointees.
4-27 SECTION 4. Section 335.034, Local Government Code, is
4-28 amended to read as follows:
4-29 Sec. 335.034. OFFICERS. Except as provided by Section
4-30 335.035, the [The] presiding officer is designated as provided by
4-31 the concurrent order. The board shall designate from the members
4-32 of the board a secretary and other officers the board considers
4-33 necessary.
4-34 SECTION 5. Subchapter C, Chapter 335, Local Government Code,
4-35 is amended by adding Section 335.035 to read as follows:
4-36 Sec. 335.035. ADDITIONAL REQUIREMENTS FOR BOARD OF DISTRICT
4-37 CREATED IN POPULOUS COUNTY. (a) This section applies only to the
4-38 board of a district located in a county with a population of 2.4
4-39 million or more.
4-40 (b) The mayor of each municipality and the commissioners
4-41 court of each county that create the district shall appoint an
4-42 equal number of directors in accordance with the orders creating
4-43 the district and Section 335.031. An appointment of a director by
4-44 a mayor must be confirmed by a majority vote of the governing body
4-45 of the municipality.
4-46 (c) The mayors of the municipalities and the commissioners
4-47 courts of the counties that create the district shall appoint a
4-48 presiding officer by concurrent orders on or before the 30th day
4-49 after the date a vacancy occurs in the presiding officer's
4-50 position. The appointment must be confirmed by a majority vote of
4-51 the governing body of each municipality. The presiding officer
4-52 serves for a two-year term.
4-53 (d) If the mayors and the commissioners courts fail to agree
4-54 on the appointment of a presiding officer under Subsection (c), the
4-55 board shall appoint, from the district's directors, a presiding
4-56 officer by a majority vote at the first board meeting that follows
4-57 the 30-day period described by Subsection (c). The confirmation
4-58 requirement of Subsection (c) does not apply to an appointment of a
4-59 presiding officer under this subsection.
4-60 (e) A presiding officer appointed under Subsection (d) shall
4-61 resign as a director before serving as presiding officer. The
4-62 vacancy created by the resignation is filled by the authority that
4-63 appointed the director. The appointed director serves for the
4-64 remainder of the vacated term.
4-65 (f) Section 335.031(b) does not apply to a district located
4-66 in a county with a population of 2.4 million or more.
4-67 SECTION 6. (a) This Act takes effect September 1, 1999.
4-68 (b) Section 335.107, Local Government Code, as added by this
4-69 Act, applies only to:
5-1 (1) a contract entered into by a vendor on or after
5-2 September 1, 1999; or
5-3 (2) a renewal or extension of a contract entered into
5-4 before September 1, 1999, that occurs on or after September 1,
5-5 1999.
5-6 (c) The change in law made by Section 335.035, Local
5-7 Government Code, as added by this Act, applies only to an
5-8 appointment of a director or presiding officer to the board of a
5-9 venue district on or after the effective date of this Act. An
5-10 appointment of a director or presiding officer to the board of a
5-11 venue district before the effective date of this Act is governed by
5-12 the law in effect immediately before the effective date, and that
5-13 law is continued in effect for that purpose.
5-14 SECTION 7. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.
5-19 * * * * *