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A BILL TO BE ENTITLED
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AN ACT
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relating to higher education facilities as authorized projects in a |
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public improvement district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 372.003(b), Local Government Code, is |
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amended to read as follows: |
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(b) A public improvement project may include: |
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(1) landscaping; |
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(2) erection of fountains, distinctive lighting, and |
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signs; |
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(3) acquiring, constructing, improving, widening, |
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narrowing, closing, or rerouting of sidewalks or of streets, any |
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other roadways, or their rights-of-way; |
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(4) construction or improvement of pedestrian malls; |
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(5) acquisition and installation of pieces of art; |
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(6) acquisition, construction, or improvement of |
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libraries; |
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(7) acquisition, construction, or improvement of |
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off-street parking facilities; |
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(8) acquisition, construction, improvement, or |
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rerouting of mass transportation facilities; |
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(9) acquisition, construction, or improvement of |
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water, wastewater, or drainage facilities or improvements; |
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(10) the establishment or improvement of parks; |
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(11) projects similar to those listed in Subdivisions |
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(1)-(10); |
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(12) acquisition, by purchase or otherwise, of real |
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property in connection with an authorized improvement; |
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(13) special supplemental services for improvement |
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and promotion of the district, including services relating to |
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advertising, promotion, health and sanitation, water and |
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wastewater, public safety, security, business recruitment, |
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development, recreation, and cultural enhancement; [and] |
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(14) payment of expenses incurred in the |
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establishment, administration, and operation of the district; and |
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(15) acquisition, construction, maintenance, or |
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improvement of buildings and other facilities commonly used for |
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teaching, research, or the preservation of knowledge by an |
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institution of higher education or for auxiliary purposes of the |
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institution, including administration, student services and |
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housing, athletics, performing arts, and alumni support. |
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SECTION 2. Subchapter A, Chapter 372, Local Government |
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Code, is amended by adding Section 372.0045 to read as follows: |
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Sec. 372.0045. AUTHORIZED HIGHER EDUCATION FACILITIES; |
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LEASE TO INSTITUTION OF HIGHER EDUCATION. (a) In this section, |
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"institution of higher education" has the meaning assigned by |
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Section 61.003, Education Code. |
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(b) The governing body of a municipality or county that |
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establishes a public improvement district to finance a public |
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improvement project described by Section 372.003(b)(15) may enter |
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into a memorandum of understanding with an institution of higher |
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education that provides educational services in the municipality or |
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county under which the municipality or county leases the public |
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improvement project to the institution, at a nominal rate, for use |
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by the institution in providing teaching, research, public service, |
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or auxiliary enterprise activities to students of the institution. |
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(c) A memorandum of understanding entered into by a |
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municipality or county under this section must include adequate |
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controls to ensure that the lease of the public improvement project |
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promotes the municipality's or county's interests and provides a |
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public benefit to the area served by the district. |
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SECTION 3. Section 61.0572, Education Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Approval of the board is not required for buildings or |
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other facilities financed by a public improvement district under |
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Subchapter A, Chapter 372, Local Government Code. |
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SECTION 4. Section 61.058, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) This section does not apply to construction, repair, or |
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rehabilitation of buildings or other facilities financed by a |
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public improvement district under Subchapter A, Chapter 372, Local |
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Government Code. |
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SECTION 5. 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, 2009. |