79R7759 MSE-F

By:  Talton                                                       H.B. No. 2800


A BILL TO BE ENTITLED
AN ACT
relating to the dissolution of certain sports and community venues. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 335, Local Government Code, is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. DISSOLUTION
Sec. 335.151. APPLICABILITY. This subchapter applies only to a district located in whole or in part in a county with a population of three million or more. Sec. 335.152. PETITION. Before a district may be dissolved, a petition requesting an election on the question of dissolving the district must be presented to the county judge of each county in which the district is located and must be signed by either: (1) a majority of the governing body of at least one political subdivision that created the district; or (2) at least 10 percent of the total number of persons voting in the most recent county election in each county in which the district is located. Sec. 335.153. ELECTION ORDER AND BALLOT. (a) Each county judge receiving a valid petition shall: (1) issue an order for: (A) one district-wide election to be held on the same day in each county; or (B) a separate election in each political subdivision that created the district on the same day; and (2) give notice of the election. (b) The ballot in the election shall be printed to permit voting for or against the proposition: "Dissolution of the __________(name of) Venue District." (c) The board may not spend tax revenue or use any assets of the district to influence public opinion on the election proposition. Sec. 335.154. ELECTION RESULTS. (a) The county judge of each county shall canvass the returns of the election in the judge's county. The board shall determine the results for the district based on each county's returns. (b) If a majority of the total votes cast in the district favor dissolving the district, each commissioners court shall declare the results and the district is dissolved as provided by this subchapter. Sec. 335.155. DISSOLUTION BY JOINT RESOLUTION. The governing bodies of the political subdivisions that created the district by joint resolution may dissolve the district by agreement. Sec. 335.156. EFFECTIVE DATE OF DISSOLUTION. If the district is dissolved by election or by joint resolution, the district is dissolved at the earlier of the date: (1) an approved venue project is completed; or (2) a regular season game of the primary tenant of an approved venue project is held. Sec. 335.157. DISPOSITION OF AFFAIRS OF DISSOLVED DISTRICT. (a) Not later than 30 days after the effective date of the dissolution, the governing bodies of the political subdivisions that created the district shall dispose of the assets of the district by agreement. (b) If the district was created by a county with a population of more than three million and a municipality with a population of more than 1.2 million, and the municipality and county have not reached an agreement under Subsection (a): (1) the county shall oversee and have control and title of the assets of an approved venue project that has a seating capacity of 45,000 or more seats at the time of dissolution and that is closest to the major convention center in the county; (2) the municipality shall oversee and have control and title of the assets of an approved venue project that has a seating capacity of less than 25,000 seats at the time of dissolution and is closest to the major municipal office building; and (3) the municipality and county shall jointly oversee and have control and title of the assets of an approved venue project that has 25,000 or more seats but less than 45,000 seats at the time of dissolution. (c) The commissioners court as the successor to the district, or the comptroller of public accounts by agreement with the commissioners court, shall execute all duties related to the imposition and collection of taxes in the territory of the former district to pay the bonds or other obligations of the former district. The bonds or other obligations shall be paid off as quickly as possible. The bonds or other obligations are not a debt of and do not create a claim for payment against the revenue or property of the county, other than the revenue sources pledged and an approved venue project for which the bonds are issued. SECTION 2. This Act takes effect September 1, 2005.