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A BILL TO BE ENTITLED
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AN ACT
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relating to the development of unrelated infrastructure on certain |
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venue projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 334, Local Government Code, is amended |
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by adding Subchapter L to read as follows: |
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SUBCHAPTER L. APPROVAL FOR CERTAIN VENUE PROJECTS |
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Sec. 334.451. DEFINITION. In this subchapter, "unrelated |
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infrastructure" means infrastructure that is unrelated to an |
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approved venue project. The term does not include: |
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(1) related infrastructure; |
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(2) drainage infrastructure; or |
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(3) infrastructure that is related only to the |
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operation or improvement of the venue property for park, open |
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space, or conservation easement program purposes if the |
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infrastructure is sized and engineered solely to enhance the public |
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purpose for which the property was acquired. |
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Sec. 334.452. ELECTION REQUIRED. Unless authorized at an |
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election held in a home-rule municipality, the municipality, or an |
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entity owned by the municipality, may not construct, operate, or |
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maintain unrelated infrastructure on property that the |
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municipality acquired as part of an approved venue project for: |
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(1) park purposes, regardless of whether the property |
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is actively being used as a park; |
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(2) a municipal parks and recreation system; |
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(3) improvements or additions to a municipal parks and |
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recreation system; |
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(4) a watershed protection and preservation project; |
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(5) a recharge, recharge area, or recharge feature |
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protection project; |
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(6) a conservation easement; or |
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(7) an open-space preservation program intended to |
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protect water. |
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Sec. 334.453. ELECTION. (a) A municipality may order an |
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election to authorize the use of property described by Section |
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334.452 for unrelated infrastructure. |
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(b) Notice of an election held under this subchapter must be |
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published in a newspaper of general circulation in each county |
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where the property is located not later than the 30th day before the |
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date of the election. |
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(c) The ballot for an election held under this subchapter |
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shall provide for voting for or against the following proposition: |
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"Authorizing (insert name of municipality) to construct, operate, |
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and maintain (insert description of unrelated infrastructure) on |
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(insert description, name, and location of approved venue property) |
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for the (insert name of project and purpose)." |
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(d) The municipality may authorize the use of the venue |
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property only if a majority of votes cast at the election approve |
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the use of the venue property for the unrelated infrastructure. |
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Sec. 334.454. ENFORCEMENT. (a) An action to enforce this |
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subchapter or enjoin a violation of this subchapter may be brought |
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by: |
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(1) the district attorney or county attorney |
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representing the area where the venue project is located; |
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(2) the attorney general; |
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(3) a taxpayer of the municipality; |
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(4) a board of trustees appointed under Section |
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1502.070, Government Code, to manage and control a municipal |
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utility system in the area where the venue project is located; or |
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(5) an owner of property: |
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(A) adjacent to the approved venue project; and |
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(B) on which the unrelated infrastructure is or |
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would be constructed. |
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(b) The sovereign immunity of the municipality against suit |
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and liability is specifically and expressly waived with respect to |
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a suit brought by a person identified by Subsection (a) against the |
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municipality for the purpose of enforcing this subchapter. |
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(c) A suit to enforce this subchapter may be brought for |
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injunctive relief, mandamus, declaratory judgment, and damages, |
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including damages to property acquired in violation of this |
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subchapter if the action is brought by the owner of that property. |
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A plaintiff who prevails in an action brought to enforce this |
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section is entitled to: |
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(1) reasonable attorney's fees; |
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(2) court costs; and |
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(3) expenses directly related to the litigation |
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required to enforce this section. |
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SECTION 2. Chapter 26, Parks and Wildlife Code, is amended |
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by adding Section 26.006 to read as follows: |
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Sec. 26.006. CERTAIN VENUE PROJECTS. Subchapter L, Chapter |
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334, Local Government Code, applies to the construction, operation, |
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or maintenance of unrelated infrastructure, as defined by Section |
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334.451, Local Government Code, on property that is: |
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(1) part of an approved venue project, as defined by |
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Section 334.001, Local Government Code; and |
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(2) designated or used as a park, recreation area, |
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scientific area, wildlife refuge, or historic site. |
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SECTION 3. Subchapter L, Chapter 334, Local Government |
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Code, as added by this Act, applies to the construction, operation, |
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or maintenance of unrelated infrastructure in violation of that |
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subchapter before the effective date of this Act that is the subject |
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of litigation filed after January 1, 2005, in which a final judgment |
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has not been entered as of the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |