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78R11345 DRH-F
By: Nixon H.B. No. 3585
A BILL TO BE ENTITLED
AN ACT
relating to the board of directors and the powers and duties of the
Westchase Area Management District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 376.050, Local Government Code, is
amended to read as follows:
Sec. 376.050. APPOINTMENT OF DIRECTORS; VACANCY. The
mayor and members of the governing body of the municipality shall
appoint directors from persons recommended by the board. A vacancy
in the office of director because of the death, resignation, or
removal of a director shall be filled by the remaining members of
the board by appointing a qualified person for the unexpired term.
The mayor and members of the governing body of the municipality
shall consider for appointment [appoint] as directors [for the
positions indicated] persons representing the following interests:
(1) [positions 1, 11, and 12 must represent] owners of
multifamily rental housing with a minimum of 200 rental units;
(2) lessees [position 2 must be a lessee] of office
space of at least 30,000 square feet of rentable area;
(3) [positions 9 and 10 must represent] owners of
office facilities with a minimum of 500 employees or taxable value
in excess of $10 million;
(4) [positions 8, 13, and 14 must represent] owners of
multitenant office buildings;
(5) [position 15 must represent] owners of multitenant
retail property or major retail tenants [of 20,000 square feet or
more];
(6) [position 16 must represent] owners of temporary
lodging facilities with on-site food service;
(7) [position 17 must represent] owners of undeveloped
property with a contiguous area of 5 acres or more; and
(8) [positions 3, 4, 5, 6, and 7 must represent the
district at large and] any other person qualified to serve on the
board as provided by Section 375.063 to represent the district at
large [may be appointed for those positions].
SECTION 2. Subchapter B, Chapter 376, Local Government
Code, is amended by adding Sections 376.066 and 376.067 to read as
follows:
Sec. 376.066. TELECOMMUNICATIONS SERVICES. (a) The
district may solicit, market, or otherwise promote and secure
telecommunications services in the district.
(b) The district may form a partnership with
telecommunication companies to provide a telecommunications
service under this section.
(c) A facility used to provide a telecommunications service
under this section must be:
(1) owned and operated by a private entity; or
(2) leased to a private entity.
Sec. 376.067. CONFERENCE AND CONVOCATION CENTERS. The
district may finance, acquire, lease as a lessor or lessee,
construct, improve, operate, or maintain conference and
convocation centers and supporting facilities. The district may
enter into a long-term operating agreement with any person for the
center or facility.
SECTION 3. (a) The legislature validates and confirms all
governmental acts and proceedings of the Westchase Area Management
District and the district's board of directors that occurred before
the effective date of this Act.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation, if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court with jurisdiction; or
(2) has been held invalid by a court with
jurisdiction.
SECTION 4. 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.