79R7525 MXM-F

By:  Hill                                                         H.B. No. 2393


A BILL TO BE ENTITLED
AN ACT
relating to the creation and authority of municipal development districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 377.001(3), Local Government Code, is amended to read as follows: (3) "Development project"[: [(A)] means: (A) [(i)] a "project" as that term is defined by Section 4B(a), Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes); or (B) [and (ii)] a convention center facility or related improvement such as a convention center, civic center, civic center building, civic center hotel, or auditorium, including[; and [(B) includes] parking areas or facilities that are used to park vehicles and that are located at or in the vicinity of other convention center facilities. SECTION 2. Section 377.002, Local Government Code, is amended to read as follows: Sec. 377.002. SCOPE [APPLICABILITY]. (a) A [This chapter applies only to a] municipality may create a district as provided in this chapter in: (1) all or part of the boundaries of the municipality; (2) all or part of the boundaries of the municipality and all or part of the boundaries of the municipality's extraterritorial jurisdiction; or (3) all or part of the municipality's extraterritorial jurisdiction [that is located in more than one county]. (b) The municipality may include territory outside of the municipality only to the extent that territory is in the municipality's extraterritorial jurisdiction. SECTION 3. Subchapter A, Chapter 377, Local Government Code, is amended by adding Section 377.003 to read as follows: Sec. 377.003. CONSTITUTIONAL PURPOSE. This chapter creates a program under Section 52-a, Article III, Texas Constitution. SECTION 4. Sections 377.021(b), (e), and (g), Local Government Code, are amended to read as follows: (b) The order calling the election must: (1) define the boundaries of the district [to include all or part of the boundaries of the municipality]; and (2) call for the election to be held within those boundaries. (e) If a majority of the registered voters of the proposed district voting at the election to create the district vote against creation of the district, the municipality may not hold another election on the question of creating a municipal development district [may not be held in the municipality] before the first anniversary of the most recent election concerning creation of a district. (g) In the order calling the election, the municipality may provide for the district boundaries to conform automatically to any changes in the boundaries of the portion of the municipality or the municipality's extraterritorial jurisdiction included in the district, and the election shall be held on one of the four uniform election dates under Section 41.001, Election Code. SECTION 5. Section 377.022(a), Local Government Code, is amended to read as follows: (a) A district is a political subdivision of this state and of the municipality that created [in which] the district [is located]. SECTION 6. Sections 377.051(b) and (d), Local Government Code, are amended to read as follows: (b) The board is appointed by the governing body of the municipality that created [in which] the district [is located]. (d) To qualify to serve as a director, a person must reside in [be a resident of] the municipality that created the district or in that municipality's extraterritorial jurisdiction [in which the district is located]. An employee, officer, or member of the governing body of the municipality may serve as a director, but may not have a personal interest in a contract executed by the district other than as an employee, officer, or member of the governing body of the municipality. SECTION 7. Section 377.053, Local Government Code, is amended to read as follows: Sec. 377.053. MEETINGS. The board shall conduct its meetings in the municipality that created [in which] the district [is located]. SECTION 8. This Act takes effect September 1, 2005.