By: Janek S.B. No. 1730
A BILL TO BE ENTITLED
relating to the use of ad valorem taxes for municipal or county
venue projects under Chapter 334, Texas Local Government Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 334.041, Texas Local Government Code, is
amended to read as follows:
Sec. 334.041. GENERAL POWERS. (a) A municipality or
county may perform any act necessary to the full exercise of the
municipality's or county's powers under this chapter.
(b) A municipality or county may acquire, sell, lease,
convey, or otherwise dispose of property or an interest in
property, including an approved venue project, under terms and
conditions determined by the municipality or county. In a
transaction with another public entity that is made as provided by
this subsection, the public purpose found by the legislature under
Section 334.044 is adequate consideration for the municipality or
county and the other public entity.
(c) A municipality or county may contract with a public or
private person, including a sports team, club, organization, or
other entity to:
(1) plan, acquire, establish, develop, construct, or
renovate an approved venue project; or
(2) perform any other act the municipality or county
is authorized to perform under this chapter, other than conducting
an election under this chapter.
(d) A municipality or county may contract with or enter into
an interlocal agreement with a school district, junior or community
college district, or an institution of higher education as defined
by Section 61.003, Education Code, for a purpose described by
Subsection (c). The contract or interlocal agreement may provide
for joint ownership and operation or joint use.
(e) The competitive bidding laws, including Chapter 271, do
not apply to the planning, acquisition, establishment,
development, construction, or renovation of an approved venue
project under this chapter.
(f) A municipality or county may not use revenue derived
from ad valorem taxes to construct, operate, maintain, or renovate
a venue that is part of an approved venue project unless the
municipality or county has the authority to construct, operate,
maintain or renovate the particular type of venue through a
separate statute that authorizes an ad valorem tax for that purpose
and the levy of such an ad valorem tax is approved at an election
held in accordance with such statute. This provision does not apply
to a venue authorized under Section 334.001(4)(D) or (F).
SECTION 2. 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.