79(R) SB 1353 - Senate Committee Report version


                                                                                


By:  Williams                                                     S.B. No. 1353
	(In the Senate - Filed March 10, 2005; March 21, 2005, read 
first time and referred to Committee on Intergovernmental 
Relations; April 14, 2005, reported favorably by the following 
vote:  Yeas 5, Nays 0; April 14, 2005, sent to printer.)


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 
or [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.



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