2003S0551-1 03/10/03
By: Janek, Lindsay S.B. No. 1625
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of powers and duties and the allocation of
revenue of certain sports and community venue districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REFERENDUM AFFECTING CERTAIN SPORTS AND COMMUNITY
VENUE DISTRICTS
SECTION 1.01. APPLICABILITY. This article applies only to
a venue district created under Chapter 335, Local Government Code,
by one municipality that has a population of more than 1.9 million
and one county that has a population of more than 3.3 million.
SECTION 1.02. DEFINITIONS. In this article:
(1) "Board" means a board of directors of a district.
(2) "District" means a venue district created under
Chapter 335, Local Government Code.
(3) "Tertiary care account" means the account created
under Section 46.003, Health and Safety Code.
SECTION 1.03. REFERENDUM. (a) A board shall order a
district-wide referendum on the question of whether the
commissioners court of the county that created the district shall
exercise the powers and assume the duties of the district and
whether any revenue of the district that exceeds the combined total
of the amount necessary to discharge any obligations of the
district issued before January 1, 2003, and the amount of $500,000
for actual and necessary expenses of the presiding officer and
members of the board shall be deposited in the tertiary care account
to be divided equally among level I trauma centers in the county
that created the district.
(b) The ballot shall be printed to permit voting for or
against the proposition: "Whether the commissioners court of
__________ (name of county) should exercise the powers and assume
the duties of __________ (name of venue district) and whether any
revenue of __________ (name of venue district) that exceeds the
combined total of the amount necessary to discharge any obligations
of __________ (name of venue district) issued before January 1,
2003, and the amount of $500,000 for actual and necessary expenses
of the presiding officer and members of the board of directors of
the __________ (name of venue district) should be deposited in the
tertiary care account to be divided equally among level I trauma
centers in __________ (name of county)."
(c) Notwithstanding Chapter 335, Local Government Code, if
a majority of the votes cast in a referendum ordered under
Subsection (a) of this section approve the transfer of powers and
duties and the allocation of revenue as described by Subsection (a)
of this section:
(1) the commissioners court of the county that created
the district shall exercise the powers and assume the duties of the
district;
(2) the board shall continue to exist for the purpose
of marketing the existing venues of the district;
(3) any revenue of the district that exceeds the
amount necessary to discharge any obligations of the district
issued before January 1, 2003, and $500,000 for actual and
necessary expenses of the presiding officer and members of the
board shall be deposited in the tertiary care account; and
(4) the comptroller of public accounts shall
distribute any revenue of the district deposited in the tertiary
care account equally among level I trauma centers in the county that
created the district.
(d) At the end of each fiscal year, a commissioners court
exercising the powers of a district shall determine the amount of
revenue required to be deposited in the tertiary care account under
Subsection (c)(3) of this section and shall make the required
allocation.
(e) A referendum ordered under Subsection (a) of this
section shall be held on the next uniform election date authorized
by Section 41.001(a), Election Code, that occurs after the
effective date of this article and that is at least 20 days after
the date of the order calling the referendum.
ARTICLE 2. POWERS AND DUTIES AND ALLOCATION OF REVENUE OF CERTAIN
SPORTS AND COMMUNITY VENUE DISTRICTS
SECTION 2.01. AMENDMENT. Subchapter E, Chapter 335, Local
Government Code, is amended by adding Section 335.076 to read as
follows:
Sec. 335.076. REFERENDUM. Notwithstanding any other
provision of this chapter, if a referendum on the issue of the
transfer of powers and duties and the allocation of revenue of a
district is mandated by the legislature and is approved by a
majority of the votes cast, the powers and duties of the district
shall be transferred and the revenue of the district shall be
allocated in the manner provided by the referendum.
SECTION 2.02. AMENDMENT. Section 46.003, Health and Safety
Code, is amended by amending Subsections (a) and (f) and adding
Subsection (g) to read as follows:
(a) The tertiary care account is an account in the state
treasury. Except as provided by Subsections [Subsection] (e) and
(g), money in the account may be appropriated only to the department
for the purposes of this chapter.
(f) Except as provided by Subsections [Subsection] (e) and
(g), the account shall be allocated for payment to tertiary care
facilities and level IV trauma centers for unreimbursed tertiary
medical services and stabilization services, as provided for in
Sections 46.005 and 46.006.
(g) Any revenue of a venue district created under Chapter
335, Local Government Code, by one municipality that has a
population of more than 1.9 million and one county that has a
population of more than 3.3 million that is deposited in the account
shall be distributed equally among level I trauma centers in the
county that adopted the order creating the venue district.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. EFFECTIVE DATE. 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.