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