By:  Janek                                                        S.B. No. 1730

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.