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Amend CSHB 3223 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
of the bill accordingly:
SECTION ____. Section 372.102, Local Government Code, is
amended to read as follows:
Sec. 372.102. NATURE OF DISTRICT; PURPOSE. (a) A district
is created under Section 52, Article III, and Section 59, Article
XVI, Texas Constitution.
(b) By enacting this subchapter, the legislature has
created a program for economic development as provided in Section
52-a, Article III, Texas Constitution. A county may engage in
economic development projects as provided by this subchapter, and,
on a determination of the commissioners court of the county to
create a district, may delegate the authority to oversee and manage
the economic development project to an appointed board of
directors. In appointing a board, the commissioners court
delegates its authority to serve a public use and benefit.
SECTION ____. Sections 372.126(a) and (c), Local Government
Code, are amended to read as follows:
(a) A district may not issue bonds unless approved by the
commissioners court of the county that created the district. Bonds
[If the population in the district is more than 1,000, the bonds]
may not be issued unless approved by a majority of the voters of the
district voting in an election held for that purpose. A bond
election under this subsection does not affect prior bond issuances
and is not required for refunding bond issuances.
(c) If the commissioners court grants approval under this
section, bonds, notes, and other district obligations may be
secured by district revenue or any type of district taxes or
assessments, or any combination of taxes and revenue pledged to the
payment of bonds.
SECTION ____. Section 372.130, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) Except as otherwise provided in this subchapter, a sales
and use tax must be imposed in accordance with Chapter 383, Local
Government Code, or [and] Chapter 323, Tax Code.
(c) The ballot for a sales tax election shall be printed to
provide for voting for or against the proposition: "A sales and use
tax at a rate not to exceed ____ [insert percentage rate] in the
____ [insert name of district]" or "The adoption of a ____ [insert
percentage rate] sales and use tax in the ____ [insert name of
district]."
(d) A tax authorized at an election held under this section
may be imposed at a rate less than or equal to the rate printed in
the ballot proposition.
SECTION ____. (a) All acts and proceedings related to the
authorization of any taxes or bonds, including acts and proceedings
related to an election, by a district created under Subchapter C,
Chapter 372, Local Government Code, before the effective date of
this Act are validated, ratified, and confirmed in all respects as
if the acts and proceedings occurred as authorized by law.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.