By: Talton H.B. No. 2800
A BILL TO BE ENTITLED
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
(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
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
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
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;
(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.