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A BILL TO BE ENTITLED
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AN ACT
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relating to improvement projects in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 372.101, Local Government |
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Code, is amended to read as follows: |
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Sec. 372.101. DEFINITIONS[; APPLICABILITY]. |
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SECTION 2. Subchapter C, Chapter 372, Local Government |
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Code, is amended by adding Section 372.1011 to read as follows: |
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Sec. 372.1011. APPLICABILITY. This subchapter applies only |
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to: |
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(1) a county with a population of 825,000 or more, |
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other than a county that: |
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(A) borders on the Gulf of Mexico or a bay or |
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inlet of the gulf; or |
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(B) has two municipalities located wholly or |
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partly in its boundaries each having a population of 300,000 or |
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more; or |
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(2) a county with a population of 70,000 or more that |
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is adjacent to a county described by Subdivision (1) in which a |
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municipality with a population of 35,000 or more is primarily |
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situated and includes all or a part of the extraterritorial |
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jurisdiction of a municipality with a population of 1.1 million or |
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more. |
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SECTION 3. Section 372.102, Local Government Code, is |
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amended to read as follows: |
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Sec. 372.102. NATURE OF DISTRICT; PURPOSE. (a) A district |
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is created under Section 52, Article III, and Section 59, Article |
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XVI, Texas Constitution. |
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(b) By enacting this subchapter, the legislature has |
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created a program for economic development as provided in Section |
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52-a, Article III, Texas Constitution. A county may engage in |
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economic development projects as provided by this subchapter, and, |
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on a determination of the commissioners court of the county to |
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create a district, may delegate the authority to oversee and manage |
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the economic development project to an appointed board of |
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directors. In appointing a board, the commissioners court |
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delegates its authority to serve a public use and benefit. |
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SECTION 4. Section 372.105, Local Government Code, is |
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amended to read as follows: |
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Sec. 372.105. ESTABLISHMENT OF ECONOMIC DEVELOPMENT |
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PROJECTS; OPTIONAL CREATION OF PUBLIC IMPROVEMENT DISTRICT. (a) |
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The commissioners court of a county [, other than a county that
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borders on the Gulf of Mexico or a bay or inlet of the gulf or a
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county that has two municipalities located in whole or in part
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within its boundaries each having a population of 300,000 or more,] |
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may on receipt of a petition satisfying the requirements of Section |
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372.005, establish by order an economic development project in a |
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designated portion of the county, or, if the county determines it is |
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in the best interests of the county, create a district by order only |
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in an area located in the extraterritorial jurisdiction of a |
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municipality in that county. If the county is a county described by |
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Section 372.1011(2), the petition described by this subsection must |
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also be approved by a resolution adopted by the municipality with a |
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population of 1.1 million or more. |
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(b) For a county described by Section 372.1011(2), a |
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district may only be created in an area containing at least 2,000 |
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contiguous acres of land that is located wholly or partly in the |
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extraterritorial jurisdiction of a municipality with a population |
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of 1.1 million or more. |
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(c) [(b)] The order must: |
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(1) describe the territory in which the economic |
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development project is to be located or the boundaries of a |
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district; |
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(2) specifically authorize the district to exercise |
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the powers of this subchapter if the county has determined that |
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creating a district is in the county's best interests; and |
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(3) state whether the petition requests improvements |
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to be financed and paid for with taxes authorized by this subchapter |
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instead of or in addition to assessments. |
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SECTION 5. Sections 372.126(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) A district may not issue bonds unless approved by the |
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commissioners court of the county that created the district. Bonds |
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[If the population in the district is more than 1,000, the bonds] |
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may not be issued unless approved by a majority of the voters of the |
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district voting in an election held for that purpose. A bond |
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election under this subsection does not affect prior bond issuances |
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and is not required for refunding bond issuances. |
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(c) If the commissioners court grants approval under this |
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section, bonds, notes, and other district obligations may be |
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secured by district revenue or any type of district taxes or |
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assessments, or any combination of taxes and revenue pledged to the |
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payment of bonds. |
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SECTION 6. Section 372.130, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsections (c) and |
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(d) to read as follows: |
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(b) Except as otherwise provided in this subchapter, a sales |
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and use tax must be imposed in accordance with Chapter 383, Local |
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Government Code, or [and] Chapter 323, Tax Code. |
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(c) The ballot for a sales tax election shall be printed to |
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provide for voting for or against the proposition: "A sales and use |
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tax at a rate not to exceed ____ [insert percentage rate] in the |
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____ [insert name of district]" or "The adoption of a ____ [insert |
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percentage rate] sales and use tax in the ____ [insert name of |
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district]." |
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(d) A tax authorized at an election held under this section |
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may be imposed at a rate less than or equal to the rate printed in |
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the ballot proposition. |
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SECTION 7. Section 372.101(b), Local Government Code, is |
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repealed. |
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SECTION 8. (a) All acts and proceedings related to the |
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authorization of any taxes or bonds, including acts and proceedings |
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related to an election, by a district created under Subchapter C, |
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Chapter 372, Local Government Code, before the effective date of |
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this Act are validated, ratified, and confirmed in all respects as |
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if the acts and proceedings occurred as authorized by law. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 9. 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. |
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* * * * * |