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AN ACT
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relating to the powers and duties of the East Montgomery County |
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Improvement District; providing authority to impose a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16(c), Chapter 1316, Acts of the 75th |
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Legislature, Regular Session, 1997, is amended to read as follows: |
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(c) Except as provided in Section 30 of this Act, the [The] |
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district may not impose ad valorem taxes on property in the |
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district. |
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SECTION 2. Chapter 1316, Acts of the 75th Legislature, |
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Regular Session, 1997, is amended by adding Section 16A to read as |
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follows: |
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Sec. 16A. GENERAL AUTHORITY TO IMPOSE TAXES. The district |
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may impose for any district purpose any tax authorized by this Act. |
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SECTION 3. Section 22(a), Chapter 1316, Acts of the 75th |
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Legislature, Regular Session, 1997, is amended to read as follows: |
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(a) The board by order may call an election to adopt, change |
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the rate of, or abolish a sales and use tax, provided that the board |
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may not call an election to abolish a sales and use tax or to reduce |
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the rate of the sales and use tax below the amount pledged to secure |
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payment of any outstanding district debt or contractual obligation |
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while any district debt or contractual obligation remains |
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outstanding. The election may be held at the same time and in |
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conjunction with a confirmation or directors election. |
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SECTION 4. Section 23(a), Chapter 1316, Acts of the 75th |
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Legislature, Regular Session, 1997, is amended to read as follows: |
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(a) Chapter 323, Tax Code, to the extent not inconsistent |
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with this Act, governs the application, collection, and |
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administration of the sales and use tax under this Act, except |
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Sections 323.401 through 323.406, and 323.505, Tax Code, do not |
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apply. Subtitles A and B, Title 2, and Chapter 151, Tax Code, |
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govern the administration and enforcement of the sales and use |
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taxes under this Act. |
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SECTION 5. Section 24, Chapter 1316, Acts of the 75th |
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Legislature, Regular Session, 1997, is amended to read as follows: |
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Sec. 24. EFFECTIVE DATE OF TAX OR TAX CHANGE. The adoption |
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of a sales and use tax rate or a change in the sales and use tax rate |
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takes effect after the expiration of the first complete calendar |
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quarter occurring after the date on which the comptroller receives |
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a notice of the results of the election. |
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SECTION 6. Section 26, Chapter 1316, Acts of the 75th |
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Legislature, Regular Session, 1997, is amended to read as follows: |
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Sec. 26. ABOLITION OF TAX RATE. (a) Except as provided by |
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Subsection (b), the [The] board by order may abolish the local sales |
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and use tax rate without an election. |
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(b) The board may not abolish the local sales and use tax |
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while any district debt or contractual obligation remains |
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outstanding if any sales and use tax revenue is pledged to secure |
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payment of the outstanding debt or obligation. |
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SECTION 7. Chapter 1316, Acts of the 75th Legislature, |
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Regular Session, 1997, is amended by adding Section 29 to read as |
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follows: |
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Sec. 29. HOTEL OCCUPANCY TAX. (a) In this section, |
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"hotel" has the meaning assigned by Section 156.001, Tax Code. |
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(b) For purposes of this section, a reference in Subchapter |
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A, Chapter 352, Tax Code, to a county is a reference to the district |
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and a reference in Subchapter A, Chapter 352, Tax Code, to the |
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county's officers or governing body is a reference to the board. |
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(c) Chapter 352, Tax Code, governs a hotel occupancy tax |
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authorized by this section, including the collection of the tax. |
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(d) The board by order may impose, repeal, increase, or |
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decrease the rate of a tax on a person who, under a lease, |
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concession, permit, right of access, license, contract, or |
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agreement, pays for the use or possession or for the right to the |
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use or possession of a room that: |
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(1) is in a hotel located wholly or partly in the |
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district; |
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(2) costs $2 or more each day; and |
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(3) is ordinarily used for sleeping. |
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(e) The tax rate may not exceed the maximum rate allowed |
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under Section 352.003, Tax Code. |
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(f) This section does not apply to a hotel located wholly or |
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partly in the city of Splendora as the boundaries of that city |
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existed on April 1, 2007. |
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SECTION 8. Chapter 1316, Acts of the 75th Legislature, |
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Regular Session, 1997, is amended by adding Section 29A to read as |
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follows: |
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Sec. 29A. USE OF HOTEL OCCUPANCY TAX. (a) The district |
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may use the proceeds from a hotel occupancy tax imposed under |
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Section 29 of this Act for any district purpose and for any purpose |
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described by Section 351.101 or 352.1015, Tax Code, to the extent |
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the board considers appropriate. |
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(b) During each interval of three calendar years following |
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the date on which a hotel occupancy tax imposed under Section 29 of |
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this Act is initially collected, the board may not apply an annual |
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average of more than 10 percent of the amount of tax collected under |
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that section, excluding any interest earnings or investment profits |
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and after a deduction for the costs of imposing and collecting the |
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taxes, for the administrative expenses of the district or a |
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district purpose other than the costs of: |
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(1) advertising and promoting tourism; |
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(2) business development and commerce, including the |
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costs of planning, designing, constructing, acquiring, leasing, |
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financing, owning, operating, maintaining, managing, improving, |
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repairing, rehabilitating, or reconstructing improvement projects |
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for: |
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(A) conferences, conventions, and exhibitions; |
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(B) manufacturer, consumer, or trade shows; and |
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(C) civic, community, or institutional events; |
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(3) encouraging and promoting the arts, including |
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instrumental and vocal music, dance, drama, folk art, creative |
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writing, architecture, design and related fields, painting, |
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sculpture, photography, graphic arts and crafts, motion pictures, |
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radio, television, tape and sound recording, and other arts related |
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to the presentation, performance, execution, and exhibition of |
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these major art forms; |
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(4) historical restoration and preservation projects; |
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and |
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(5) activities, advertising, solicitations, and |
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promotional programs to encourage tourists to visit preserved |
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historic sites or museums. |
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(c) For purposes of this section, a reference: |
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(1) in Subchapter B, Chapter 351, Tax Code, to a |
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municipality is a reference to the district and a reference to the |
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municipality's officers or governing body is a reference to the |
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board; and |
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(2) in Subchapter B, Chapter 352, Tax Code, to a county |
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is a reference to the district and a reference to the county's |
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officers or governing body is a reference to the board. |
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SECTION 9. Chapter 1316, Acts of the 75th Legislature, |
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Regular Session, 1997, is amended by adding Section 30 to read as |
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follows: |
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Sec. 30. ECONOMIC DEVELOPMENT ZONES. (a) As used in this |
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section: |
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(1) "Development zone" means an economic development |
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zone created by the district under this section. |
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(2) "Governing body" means the board of directors of a |
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development zone. |
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(3) "Project" means the development or construction of |
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a building, structure, facility, or other improvement on a parcel |
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or tract in a development zone, or an expansion, enlargement, |
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replacement, or relocation of a building, structure, facility, or |
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other improvement in a development zone. The term includes a |
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contractual obligation to reimburse a developer for money spent by |
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the developer in the construction, development, expansion, |
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enlargement, replacement, or relocation of a building, structure, |
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facility, or other improvement in a development zone. |
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(b) The board, on its own motion or on receipt of a petition |
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signed by the owners of all real property in a defined area of the |
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district consisting of 25 or more contiguous acres of land, by |
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resolution may create, designate, describe, assign a name to, and |
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appoint the governing body for a development zone in the district to |
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promote development or redevelopment of the area, if the board |
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finds that the creation of the zone will further the public purposes |
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of: |
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(1) the development and diversification of the economy |
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of the district and the state; |
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(2) the elimination of unemployment or |
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underemployment in the district and the state; |
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(3) the development or expansion of transportation or |
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commerce in the district and the state; or |
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(4) the promotion and stimulation of business, |
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commercial, and economic activity in the district and the state. |
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(c) Before designating a development zone, the board must |
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prepare a preliminary financing plan for the zone that includes: |
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(1) estimated project costs, including administrative |
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expenses; |
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(2) a description of the kind, number, and location of |
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all proposed improvement projects in the zone; |
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(3) the estimated amount of: |
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(A) bonded indebtedness to be incurred; or |
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(B) the financial obligation of any other |
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contractual obligation to be incurred; |
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(4) a description of the methods of financing and |
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expected sources of revenue to pay for the costs of proposed |
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improvement projects; and |
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(5) the projected duration of the zone. |
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(d) A development zone may not be created if more than 10 |
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percent of the property in the proposed zone, other than property |
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that is publicly owned, is used or planned for use for residential |
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purposes. For purposes of this subsection, property is used for |
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residential purposes if the property is occupied by a house that has |
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fewer than five living units. |
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(e) A resolution designating an area as a development zone |
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must: |
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(1) describe the boundaries of the zone sufficiently |
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to identify with reasonable certainty the territory included; |
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(2) provide an effective date for the creation of the |
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zone; |
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(3) provide a date for termination of the zone; |
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(4) assign a number to the name of the zone, which must |
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be "East Montgomery County Improvement District Economic |
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Development Zone No. ___"; |
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(5) adopt a preliminary financing plan for the zone; |
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(6) provide the number of directors of the governing |
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body of the zone, which must be at least five; and |
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(7) appoint the governing body for the zone or |
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authorize the board to serve ex officio as the governing body of the |
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zone. |
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(f) Upon approval by the board of a resolution designating |
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an area as a development zone, the district shall call a |
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confirmation election to confirm the establishment of the zone in |
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the manner prescribed by Section 49.102, Water Code. |
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(g) A member of the governing body who is not a district |
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director shall be appointed for a term of two years, except that the |
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appointment of the initial members of the governing body may |
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provide for some terms to be limited to one year in order to achieve |
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staggered terms of office. The district by appointment shall fill a |
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vacancy on the governing body of the zone for the unexpired portion |
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of the term. A member who is also a district director shall serve a |
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term concurrent with the director's term on the district board. |
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(h) A member of a governing body must be at least 18 years of |
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age, a citizen of the state, and a person described in Section 12(b) |
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of this Act. A member of the board of directors of the district may |
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be appointed to the governing body. Each member must qualify for |
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office by subscribing to the constitutional oath of office for |
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public officers and furnishing a fidelity bond issued by a |
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responsible surety in the amount of $10,000 in favor of the |
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development zone to secure faithful performance of the member's |
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duties. |
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(i) Following appointment and qualification, the governing |
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body of the development zone shall meet and organize by electing a |
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president, a vice president, a secretary-treasurer, and other |
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officers the governing body considers appropriate. If the |
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governing body of the development zone is composed entirely of |
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directors of the district, each director of the development zone |
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holds the same office the director holds as a director of the |
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district. |
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(j) The boundaries of a development zone may be reduced or |
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enlarged in the manner provided by this section for creation of a |
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zone, except that the boundaries may not be reduced to less than 25 |
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contiguous acres. A confirmation election is not required for an |
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enlargement if: |
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(1) all landowners of the area proposed to be added |
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consent to the enlargement and the tax authorization in the zone; |
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and |
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(2) the enlarged area does not have any registered |
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voters who reside in the area. |
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(k) A development zone created by the district under this |
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section is a political and corporate body and a political |
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subdivision of the state, separate from the district. The |
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governing body of the zone may exercise, or by order may delegate to |
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the district, any powers and duties relating to the financing and |
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implementation of the project plan for the zone, including the |
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power and authority to: |
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(1) issue bonds or notes in the name of the zone in the |
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same manner as Chapter 375, Local Government Code, provides for a |
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municipal management district; |
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(2) impose an ad valorem tax, assessment, or other |
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charge in the zone, in the same manner as Chapter 375, Local |
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Government Code, provides for a municipal management district, and |
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as authorized by Subsection (o) of this section if the ad valorem |
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tax has been approved by the voters in the development zone at an |
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election held for that purpose; and |
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(3) impose a sales and use tax, as authorized by |
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Subsection (n) of this section, if the sales and use tax has been |
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approved by the voters in the development zone at an election held |
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for that purpose. |
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(l) The board and the governing body each may enter into any |
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agreement considered necessary or convenient to implement a project |
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plan and development zone financing plan and achieve their |
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purposes. An agreement may provide for the regulation or |
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restriction of the use of land by imposing conditions, |
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restrictions, or covenants that run with the land. An agreement may |
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provide that a restriction adopted by the governing body continues |
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in effect after the termination of the development zone. The |
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district and the development zone may agree that the district will |
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provide administration, management, investment, accounting, and |
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other services for the zone in consideration for an administrative |
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fee not to exceed five percent of the gross revenues of the |
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development zone and for the benefits received by the district |
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through the implementation of the project plan for the zone. The |
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district may pledge all or part of the proceeds of its sales and use |
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tax to secure and pay any bonds or other financial obligations of a |
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development zone on approval of the board subject to Section 30A of |
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this Act. |
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(m) Subject to approval by resolution of the district board, |
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the governing body shall prepare and adopt, and may amend, a project |
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plan and a development zone financing plan for the development |
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zone. |
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(n) If approved at an election by a majority of the voters in |
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the development zone voting in an election held for that purpose, |
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the governing body may adopt or repeal a sales and use tax of not |
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more than two percent less the amount of the sales and use tax |
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approved by the district voters under Section 21 of this Act. An |
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election on the adoption or repeal of the maximum rate of sales and |
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use tax may be held by the governing body as provided by Section 22 |
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of this Act as applied to a development zone. An election to adopt |
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the sales and use tax authorized by this section may be held in |
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conjunction with the confirmation election described by Subsection |
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(f) of this section. After adoption at an election, the governing |
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body may impose any portion of the sales and use tax, in increments |
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of not less than one-eighth of one percent, for the benefit of the |
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zone, by order of the governing body. The sales and use tax is in |
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addition to the limited sales and use tax authorized and imposed by |
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the district under Section 21 of this Act. If a political |
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subdivision, including a municipality, imposes a sales and use tax |
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in the development zone, the sales and use tax authorized by this |
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section is reduced as of the date the development zone authorized |
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the sales and use tax so that the combined total of all local sales |
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and use taxes imposed in the development zone does not exceed two |
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percent. The sales and use tax becomes effective on the first day |
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of the calendar quarter following the date the comptroller receives |
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written notice of the imposition of the tax. |
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(o) If approved at an election by a majority of the voters in |
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the development zone voting in an election held for that purpose, |
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the governing body may authorize a tax on all taxable property in a |
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development zone created wholly or partly in the boundaries of East |
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Montgomery County Utility District No. 5, 6, or 7, or Valley Ranch |
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Municipal Utility District No. 1 at a rate not to exceed 10 cents on |
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each $100 valuation as determined by the Montgomery County |
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Appraisal District. The election may be held in conjunction with |
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the confirmation election held under Subsection (f) of this |
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section. |
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SECTION 10. Section 30A(b), Chapter 1316, Acts of the 75th |
|
Legislature, Regular Session, 1997, is amended to read as follows: |
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(b) In addition to the sources described in Subchapter J, |
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Chapter 375, Local Government Code, the bonds issued by the |
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district may be secured and made payable, wholly or partly, by a |
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pledge of all or [any] part of the net proceeds the district |
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receives from: |
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(1) a specified portion of not more than 75 percent |
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[one-half] of the maximum sales and use tax amount authorized and |
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approved by voters of the district under Section 22 of this Act; |
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(2) a specified portion of not more than 90 percent of |
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the maximum sales and use tax imposed by a development zone; |
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(3) an ad valorem tax imposed by a development zone; |
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(4) a hotel occupancy tax; |
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(5) an event admissions tax; |
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(6) an event parking tax; and |
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(7) any other district revenue. |
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SECTION 11. Chapter 1316, Acts of the 75th Legislature, |
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Regular Session, 1997, is amended by adding Section 33 to read as |
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follows: |
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Sec. 33. COMMUNITY VENUES. (a) In this section and |
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Sections 33A and 33B of this Act: |
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(1) "Venue" means a convention center facility or |
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related improvement such as a convention center, civic center, |
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civic center building, civic center hotel, auditorium, theater, |
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opera house, music hall, exhibition hall, rehearsal hall, park, |
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zoological park, museum, aquarium, or plaza. |
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(2) "Community venue project" or "venue project" means |
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a venue and related infrastructure that is planned, acquired, |
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established, developed, constructed, or renovated under this |
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section. |
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(b) The district by resolution may provide for the planning, |
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acquisition, establishment, development, construction, or |
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renovation of a venue project. |
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(c) The resolution must designate each venue project and |
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each method of financing authorized by this Act that the district |
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intends to use to finance a project. A resolution may designate |
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more than one method of financing. |
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(d) The district may contract with a public or private |
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person to plan, acquire, establish, develop, construct, or renovate |
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a venue project. |
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(e) The district shall establish by resolution a fund known |
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as the community venue project fund. The district shall establish |
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separate accounts in the fund for the various revenue sources. |
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(f) The district shall deposit into the community venue |
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project fund: |
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(1) the proceeds of any tax imposed by the district |
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under Sections 33A and 33B of this Act; |
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(2) all revenue from the sale of bonds or other |
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obligations by the district under this Act; and |
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(3) any other money required by law to be deposited in |
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the fund. |
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(g) The district may use money in the community venue |
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project fund to: |
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(1) reimburse or pay the costs of planning, acquiring, |
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establishing, developing, constructing, or renovating one or more |
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venue projects in the district; |
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(2) pay the principal of, interest on, and other costs |
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relating to bonds or other obligations issued by the district to |
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refund bonds, notes, or other obligations; |
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(3) pay the costs of operating or maintaining one or |
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more venue projects; or |
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(4) pay the administrative costs of the district |
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associated with the operation and administration of one or more |
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venue projects. |
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(h) Money deposited into the community venue project fund is |
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the property of the district. |
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(i) The district may issue bonds, including revenue bonds |
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and refunding bonds, or other obligations to pay the costs of the |
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venue project. |
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SECTION 12. Chapter 1316, Acts of the 75th Legislature, |
|
Regular Session, 1997, is amended by adding Section 33A to read as |
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follows: |
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Sec. 33A. EVENT ADMISSIONS TAX. (a) The district by order |
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may impose a tax on each ticket sold as admission to an event held at |
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a venue project in the district for which the district has issued |
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bonds or undertaken a contractual obligation to reimburse costs |
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expended to plan, acquire, establish, develop, construct, or |
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renovate the venue project. |
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(b) The district may not impose the tax under this section |
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for admission to an event at a venue that is not a community venue |
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project or for which the district has not issued bonds or entered |
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into a contractual obligation to reimburse costs expended to plan, |
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acquire, establish, develop, construct, or renovate the venue |
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project. |
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(c) The district may impose a tax under this section only if |
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a venue project is or will be located in the district. |
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(d) The tax authorized by this section is imposed at the tax |
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rate on each ticket sold as admission to an event held at a venue. |
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(e) The amount of the tax may be imposed at any uniform |
|
percentage not to exceed 10 percent of the price of the ticket sold |
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as admission to an event held at a venue. |
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(f) The district by order may increase, repeal, or decrease |
|
the rate of the tax imposed under this section. |
|
(g) The district by order may require the owner or lessee of |
|
a venue project in the district to collect the tax for the benefit |
|
of the district. |
|
(h) An owner or lessee required to collect the tax under |
|
this section shall add the tax to the admissions price, and the tax |
|
is a part of the admissions price, a debt owed to the owner or lessee |
|
of a venue project by the person admitted, and recoverable at law in |
|
the same manner as the admissions price. |
|
(i) The tax imposed by this section is not an occupation tax |
|
imposed on the owner or lessee of the venue project. |
|
(j) A tax imposed under this section or a change in a tax |
|
rate takes effect on the date prescribed by the order imposing the |
|
tax or changing the rate. |
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(k) Except as provided by Subsection (l), the district may |
|
impose a tax under this section only if the district issues bonds or |
|
enters into a contractual obligation under Section 33 of this Act. |
|
(l) The district may continue to impose the tax after any |
|
financial obligations have been fulfilled if the tax revenue is |
|
used as authorized by Section 6(c) or 33(g) of this Act. |
|
(m) A person required to collect a tax imposed under this |
|
section shall report and send the taxes to the district as provided |
|
by the district. |
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(n) The district by order may prescribe penalties, |
|
including interest charges, for failure to keep records required by |
|
the district, to report when required, or to pay the tax when due. |
|
The district may bring suit against a person who fails to collect a |
|
tax under this section and to pay it over to the district as |
|
required. |
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(o) The district by order may permit a person who is |
|
required to collect a tax under this section to retain a percentage |
|
of the amount collected and required to be reported as |
|
reimbursement to the person for the costs of collecting the tax. |
|
The district may provide that the person may retain the amount only |
|
if the person pays the tax and files reports as required by the |
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district. |
|
SECTION 13. Chapter 1316, Acts of the 75th Legislature, |
|
Regular Session, 1997, is amended by adding Section 33B to read as |
|
follows: |
|
Sec. 33B. EVENT PARKING TAX. (a) The district by order may |
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impose a tax on each motor vehicle parking in a parking facility of |
|
a community venue project. |
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(b) The district may impose the tax during any time the |
|
parking facility is being used. |
|
(c) The district by order may provide that the tax is |
|
imposed at a flat amount on each parked motor vehicle or is imposed |
|
as a percentage of the amount charged for event parking by the owner |
|
or lessee of the parking facility. |
|
(d) Regardless of the method of imposition, the amount of |
|
the tax may not exceed the amount allowed by Section 334.202(b), |
|
Local Government Code. |
|
(e) The district by order may increase, repeal, or decrease |
|
the rate of the tax imposed under this section. |
|
(f) The district by order may require the owner or lessee of |
|
a parking facility to collect the tax for the benefit of the |
|
district. |
|
(g) An owner or lessee required to collect the tax under |
|
this section shall add the tax to the parking charge, and the tax is |
|
a part of the parking charge, a debt owed to the parking facility |
|
owner or lessee by the person parking, and recoverable at law in the |
|
same manner as the parking charge. |
|
(h) The tax imposed by this section is not an occupation tax |
|
imposed on the owner or lessee of the parking facility. |
|
(i) A tax imposed under this section or a change in the tax |
|
rate takes effect on the date prescribed by the order imposing the |
|
tax or changing the rate. |
|
(j) Except as provided by Subsection (k), the district may |
|
impose a tax under this section only if the district issues bonds or |
|
enters into other contractual obligations under Section 33 of this |
|
Act. |
|
(k) The district may continue to impose the tax after any |
|
financial obligations have been fulfilled if the tax revenue is |
|
used as authorized by Section 6(c) or 33(g) of this Act. |
|
(l) A person required to collect a tax imposed under this |
|
section shall report and send the taxes to the district as provided |
|
by the district. |
|
(m) The district by order may prescribe penalties, |
|
including interest charges, for failure to keep records required by |
|
the district, to report when required, or to pay the tax when due. |
|
The district may bring suit against a person who fails to collect a |
|
tax under this section and to pay it over to the district as |
|
required. |
|
(n) The district by order may permit a person who is |
|
required to collect a tax under this section to retain a percentage |
|
of the amount collected and required to be reported as |
|
reimbursement to the person for the costs of collecting the tax. |
|
The district may provide that the person may retain the amount only |
|
if the person pays the tax and files reports as required by the |
|
district. |
|
SECTION 14. Section 22(b), Chapter 1316, Acts of the 75th |
|
Legislature, Regular Session, 1997, is repealed. |
|
SECTION 15. The legislature finds that: |
|
(1) proper and legal notice of the intention to |
|
introduce this Act, setting out the general substance of this Act, |
|
has been published as provided by law, and the notice and a copy of |
|
this Act have been furnished to all persons, agencies, officials, |
|
or entities to which they are required to be furnished by the |
|
constitution and other laws of this state, including to the |
|
governor, who has submitted the notice and this Act to the |
|
commission; and |
|
(2) all requirements of the constitution and laws of |
|
this state and the rules and procedures of the legislature with |
|
respect to notice, introduction, and passage of this Act are |
|
fulfilled and accomplished. |
|
SECTION 16. 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, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4015 was passed by the House on May |
|
11, 2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4015 was passed by the Senate on May |
|
23, 2007, by the following vote: Yeas 30, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |