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.