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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers, duties, and financing of cultural education |
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facilities finance corporations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (5), Section 3, Cultural Education |
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Facilities Finance Corporation Act (Article 1528m, Vernon's Texas |
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Civil Statutes), is amended to read as follows: |
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(5) "Cultural facility" means any capital expenditure |
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by a user. The term includes: |
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(A) real property or an interest in real |
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property, including buildings and improvements, or equipment, |
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furnishings, or other personal property that: |
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(i) is found by the board to be necessary or |
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convenient to finance, refinance, acquire, construct, enlarge, |
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remodel, renovate, improve, furnish, or equip for cultural |
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education or community benefit; |
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(ii) is made available for use by the |
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general public, the user, or community groups; and |
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(iii) is used for a purpose described by |
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Section 2(a)(1) of this Act; [and] |
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(B) a facility in which any of the following |
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entities engage in any activity in which the entity is permitted to |
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engage: |
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(i) a nonprofit corporation exempt from the |
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state franchise tax under Section 171.063, Tax Code; |
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(ii) an organization described in Section |
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11.18, Tax Code; or |
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(iii) an organization described in Section |
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501(c)(3), Internal Revenue Code of 1986; and |
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(C) facilities incidental, subordinate, or |
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related to or appropriate in connection with property described by |
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Paragraph (A) or (B) of this subdivision, [located within the
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state,] regardless of the date of construction or acquisition. |
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SECTION 2. Section 4, Cultural Education Facilities Finance |
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Corporation Act (Article 1528m, Vernon's Texas Civil Statutes), is |
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amended by amending Subsection (b) and adding Subsection (e) to |
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read as follows: |
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(b) The corporation shall be created and organized in the |
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same manner as a health facilities development corporation under |
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Chapter 221, Health and Safety Code, and has the same powers, |
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authority, and rights: |
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(1) with respect to cultural facilities and health |
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facilities that a health facilities development corporation has |
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with respect to health facilities under Chapter 221, Health and |
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Safety Code; and |
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(2) with respect to educational facilities, housing |
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facilities, and other facilities incidental, subordinate, or |
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related to those facilities that a nonprofit corporation created |
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under Section 53.35(b), Education Code, or an authority created |
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under Section 53.11, Education Code, has under Chapter 53, |
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Education Code. |
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(e) Regardless of any other provision in Chapter 221, Health |
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and Safety Code, or Chapter 53, Education Code, the corporation may |
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exercise its powers on behalf of a user outside of this state if the |
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user also conducts lawful activities in this state. |
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SECTION 3. 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. |
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