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79R5612 MSE-D
By: Rose H.B. No. 1946
A BILL TO BE ENTITLED
AN ACT
relating to the definition of project in the Hays County
Development District No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1(a), Chapter 1503, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(a) The legislature finds that the creation of Hays County
Development District No. 1 (the "district") and the project
[approved by the Hays County Commissioners Court on January 11,
2000 (the "project"),] will serve the public purpose of attracting
visitors and tourists to Hays County and will result in employment
and economic activity in the manner contemplated by Section 52-a,
Article III, Texas Constitution, and Chapter 383, Local Government
Code.
SECTION 2. Chapter 1503, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Section 1A to read as
follows:
Sec. 1A. PROJECT. In this Act, "project" means:
(1) the project identified in the Commissioners Court
Order Upon Hearing and Granting Petition Requesting the Creation of
Hays County Development District No. 1 and Appointing Temporary
Directors dated January 11, 2000; and
(2) any changes to the term approved by order of the
Hays County Commissioners Court.
SECTION 3. Section 5, Chapter 1503, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 5. POWERS. The district has all of the rights,
powers, privileges, authority, functions, and duties provided by
Chapters 375 and 383, Local Government Code, to county development
districts and municipal management districts, including but not
limited to:
(1) the authority to levy, assess, and collect ad
valorem taxes for the purposes approved at the elections conducted
on November 7, 2000;
(2) the authority, after approval by voters at an
election conducted within the boundaries of the district, to levy,
assess and collect taxes for maintenance and operating purposes in
the manner set forth in Sections 49.107(a)-(e), Water Code, and for
the repayment of bonds, notes, warrants, lease purchase agreements,
certificates of assessment, certificates of participation in lease
purchase agreements, and other interest-bearing obligations in the
manner set forth in Sections 49.106(a)-(d), Water Code, and for all
of the purposes for which the district may expend funds;
(3) to establish, levy, and collect special
assessments in the manner specified in Sections 375.111-375.124,
Local Government Code; provided, however, that Sections
375.161-375.163, Local Government Code, shall not apply to the
assessments imposed by the district;
(4) to utilize funds, whether the funds are derived
from ad valorem taxes, sales and use taxes, hotel occupancy taxes,
revenues from the project, or any other source, for payment of
projects or services in the manner authorized by Section 375.181,
Local Government Code, and Chapter 383, Local Government Code;
(5) to enter into obligations, including, but not
limited to, lease purchase agreements, certificates of
participation in lease purchase agreements, general obligation
bonds and notes and revenue bonds and notes, and combination
general obligation and revenue bonds and notes and other
interest-bearing obligations, in the manner specified in Sections
375.201-375.204, Local Government Code. To enter into these
obligations, the district shall obtain only those approvals
required for the issuance of obligations by Hays County by Chapter
53, Acts of the 70th Legislature, Second Called Session, 1987;
(6) to adopt the powers of a road district under
Section 52(b)(3), Article III, Texas Constitution, in the manner
specified in Sections 53.029(c) and (d), Water Code;
(7) to levy, assess, and collect ad valorem taxes to
make payments on a contract under Sections 49.108(a)-(d), Water
Code, after obtaining those approvals specified in Section 1,
Chapter 778, Acts of the 74th Legislature, Regular Session, 1995;
(8) to exercise all of the rights, powers, and
authority of a road district, a municipal management district, and
a water control and improvement district which are not specifically
contradicted by Chapter 383, Local Government Code; and
(9) to exercise all of the rights, powers, and
authority granted to the district by this Act, and all of the
rights, powers, and authority granted to the district by Chapters
383 and 375, Local Government Code, which are not contrary to any
provisions of this Act, to finance, construct, or otherwise acquire
the project or any element of the project [identified in the
Commissioners Court Order Upon Hearing and Granting Petition
Requesting the Creation of Hays County Development District No. 1
and Appointing Temporary Directors dated January 11, 2000],
including, but not limited to, the hotel, the golf course, the
water, sewer, drainage, and road improvements, the organizational
costs, and the costs of issuance of the obligations of the district.
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, 2005.