By: Williams S.B. No. 1353
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Town Center Improvement
District of Montgomery County, Texas, and of governmental entities
and peace officers that interact with the district; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (k), (n), and (p), Section 7,
Chapter 289, Acts of the 73rd Legislature, Regular Session, 1993,
are amended to read as follows:
(k) The district may not employ peace officers, but may
contract with:
(1) a county or municipality that has territory wholly
or partly in or contiguous to the district's territory or impact
area for the county or municipality to provide law enforcement
services by any lawful means for the district, including a
warrantless arrest, to the same extent and with the same effect as
if the district were authorized to employ its own peace officers
directly; and
(2) [for] off-duty peace officers directly to provide
public safety and security services in connection with a special
event, holiday, period with high traffic congestion, or similar
circumstance.
(n) The board by rule may regulate the public or private use
of public roadways, open spaces, parks, sidewalks, and similar
public areas or facilities to provide for the safe and orderly use
of these places. [To the extent the rules of the district conflict
with a rule, order, ordinance, or regulation of a county or
municipality with jurisdiction in the district's territory, the
rule, order, ordinance, or regulation of the county or municipality
controls. The rules may provide for the safe and orderly use of
public roadways, open spaces, parks, sidewalks, and similar public
areas or facilities.]
(p) The board may require a permit or franchise agreement
with a vendor, concessionaire, exhibitor, or similar private or
commercial person or organization for the limited use of the public
roadways, open spaces, parks, sidewalks, and similar public areas
[area] or facilities on terms and conditions and on payment of a
permit or franchise fee the board may impose.
SECTION 2. Chapter 289, Acts of the 73rd Legislature,
Regular Session, 1993, is amended by adding Sections 7A, 7B, 7C, 7D,
and 7E to read as follows:
Sec. 7A. REGULATION OF DISTRICT REAL PROPERTY. The board
may prohibit, restrict, permit, or otherwise regulate, on terms and
conditions deemed advisable, private or public use of district
property, including any real property in which the district has an
interest, to the extent the instrument that establishes the real
property interest does not prohibit the prohibition, restriction,
permit, or other regulation.
Sec. 7B. HEARING REQUIRED FOR CERTAIN RULES. A board rule
adopted under Section 7(n), (o), or (p) or Section 7A of this Act
may be adopted only after a public hearing held in the district.
Sec. 7C. CONFLICT BETWEEN DISTRICT RULE AND OTHER LOCAL
REGULATIONS. To the extent a district rule conflicts with a rule,
order, ordinance, or regulation of a county or municipality with
jurisdiction in the district's territory or impact area, the rule,
order, ordinance, or regulation of the county or municipality
controls.
Sec. 7D. ENFORCEMENT OF DISTRICT RULES. (a) The board may
adopt rules that provide for the enforcement of a district rule,
including rules prescribing:
(1) the elements of a criminal offense for violating a
district rule; and
(2) the punishment for an offense prescribed under
Subdivision (1) of this subsection in accordance with the maximum
fines or penalties provided for the enforcement and punishment of a
municipal rule, ordinance, or police regulation under Section
54.001, Local Government Code.
(b) The justice court in the precinct where the offense is
committed has jurisdiction over offenses prescribed under this
section. The offense shall be prosecuted in the same manner as
similar classes of criminal offenses in the justice court's
jurisdiction.
(c) A justice court shall remit to the county any fine or
other penalty the justice court collects for a violation of a
district rule in the same manner as a similar fine or penalty
imposed for a violation of a state law.
Sec. 7E. JURISDICTION OF PEACE OFFICER. A peace officer who
has jurisdiction by any means, including by geography, other law,
or interlocal contract between the district and another
governmental entity, is authorized to preserve the peace in the
officer's jurisdiction by any lawful means, including the
prevention and suppression of an offense prescribed by the district
under Section 7D of this Act.
SECTION 3. Subsection (j), Section 11, Chapter 289, Acts of
the 73rd Legislature, Regular Session, 1993, is amended to read as
follows:
(j) The district and each economic development zone created
by the district is entitled to examine and receive information
related to the levy, assessment, and collection of sales and use
taxes to the same extent as if the district or economic development
zone were a municipality.
SECTION 4. Chapter 289, Acts of the 73rd Legislature,
Regular Session, 1993, is amended by adding Section 13A to read as
follows:
Sec. 13A. COMPETITIVE BIDDING. The district is not
required to seek a competitive bid or proposal for construction
work or for the purchase of material or equipment for an expenditure
of $25,000 or less.
SECTION 5. Section 13A, Chapter 289, Acts of the 73rd
Legislature, Regular Session, 1993, as added by this Act, applies
only to a contract for which the Town Center Improvement District of
Montgomery County, Texas, first advertises or otherwise solicits
bids, proposals, offers, or qualifications on or after the
effective date of this Act. A contract for which the district first
advertised or otherwise solicited bids, proposals, offers, or
qualifications before that date is governed by the law in effect
when the first advertisement or solicitation was given, and the
former law is continued in effect for that purpose.
SECTION 6. 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.