H.B. No. 1150
AN ACT
relating to the financing of certain local water, conservation, and
open-space projects in accordance with the law governing sports and
community venue projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 334.001(4), Local Government Code, is
amended to read as follows:
(4) "Venue" means:
(A) an arena, coliseum, stadium, or other type of
area or facility:
(i) that is used or is planned for use for
one or more professional or amateur sports events, community
events, or other sports events, including rodeos, livestock shows,
agricultural expositions, promotional events, and other civic or
charitable events; and
(ii) for which a fee for admission to the
events is charged or is planned to be charged;
(B) a convention center facility or related
improvement such as a convention center, civic center, civic center
building, civic center hotel, auditorium, theater, opera house,
music hall, exhibition hall, rehearsal hall, park, zoological park,
museum, aquarium, or plaza located in the vicinity of a convention
center or facility owned by a municipality or a county;
(C) a tourist development area along an inland
waterway;
(D) a municipal parks and recreation system, or
improvements or additions to a parks and recreation system, or an
area or facility that is part of a municipal parks and recreation
system; [and]
(E) a project authorized by Section 4A or 4B,
Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
Civil Statutes), as that Act existed on September 1, 1997; and
(F) a watershed protection and preservation
project; a recharge, recharge area, or recharge feature protection
project; a conservation easement; or an open-space preservation
program intended to protect water.
SECTION 2. Section 334.041(f), Local Government Code, is
amended to read as follows:
(f) A municipality or county may not use revenue derived
from ad valorem taxes to construct, operate, maintain, or renovate
a venue that is part of an approved venue project. This provision
does not apply to a venue authorized under Section 334.001(4)(D) or
(F).
SECTION 3. Subchapter A, Chapter 334, Local Government
Code, is amended by adding Section 334.007 to read as follows:
Sec. 334.007. RESTRICTION ON USE OF WATER OBTAINED AS
RESULT OF ACQUISITION OF PROPERTY. Water obtained as a result of an
acquisition of property for a project described by Section
334.001(4)(F) may be used only for the maintenance of that
property.
SECTION 4. Section 334.081, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) Subsection (c)(1) does not apply to a venue project for
a venue described by Section 334.001(4)(F).
SECTION 5. Subchapter H, Chapter 334, Local Government
Code, is amended by adding Section 334.2517 to read as follows:
Sec. 334.2517. USE OF REVENUE FOR CERTAIN PURPOSES. This
subchapter does not apply to the financing of a venue project
described by Section 334.001(4)(F).
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1150 was passed by the House on March
28, 2003, by the following vote: Yeas 146, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1150 on May 19, 2003, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1150 was passed by the Senate, with
amendments, on May 13, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor