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Amend CSHB 1886 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
of the bill accordingly:
SECTION ____. Section 3(5), Cultural Education Facilities
Finance Corporation Act (Article 1528m, Vernon's Texas Civil
Statutes), is amended to read as follows:
(5) "Cultural facility" means any capital expenditure
by a user. The term includes:
(A) real property or an interest in real
property, including buildings and improvements, or equipment,
furnishings, or other personal property that:
(i) is found by the board to be necessary or
convenient to finance, refinance, acquire, construct, enlarge,
remodel, renovate, improve, furnish, or equip for cultural
education or community benefit;
(ii) is made available for use by the
general public, the user, or community groups; and
(iii) is used for a purpose described by
Section 2(a)(1) of this Act; [and]
(B) a facility in which a majority of the use
involves any of the following types of entities engaging in any
activity in which the entity is permitted to engage:
(i) a nonprofit corporation exempt from the
state franchise tax under Section 171.063, Tax Code;
(ii) an organization described in Section
11.18, Tax Code; or
(iii) an organization described in Section
501(c)(3), Internal Revenue Code of 1986; and
(C) facilities incidental, subordinate, or
related to or appropriate in connection with property described by
Paragraph (A) or (B) of this subdivision, located within the state,
regardless of the date of construction or acquisition.
SECTION ____. Section 4(b), Cultural Education Facilities
Finance Corporation Act (Article 1528m, Vernon's Texas Civil
Statutes), is amended and Section 4(e) is added to read as follows:
(b) The corporation shall be created and organized in the
same manner as a health facilities development corporation under
Chapter 221, Health and Safety Code, and has the same powers,
authority, and rights:
(1) with respect to cultural facilities and health
facilities that a health facilities development corporation has
with respect to health facilities under Chapter 221, Health and
Safety Code; and
(2) with respect to educational facilities, housing
facilities, and other facilities incidental, subordinate, or
related to those facilities that a nonprofit corporation created
under Section 53.35(b), Education Code, or an authority created
under Section 53.11, Education Code, has under Chapter 53,
Education Code.
(e) with respect to facilities financed under this Act and
built by a user and to be owned by a political subdivision, the
design-build process shall not be subject to Chapter 271,
Subchapter J, Local Government Code, unless otherwise required by
law.