By: Hinojosa  S.B. No. 1035
         (In the Senate - Filed February 20, 2009; March 11, 2009, read
  first time and referred to Committee on International Relations and
  Trade; April 2, 2009, reported favorably by the following vote:  
  Yeas 6, Nays 0; April 2, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the cities or counties that may create a cultural
  education facilities finance corporation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (d), Section 4, Cultural Education
  Facilities Finance Corporation Act (Article 1528m, Vernon's Texas
  Civil Statutes), is amended to read as follows:
         (d)  Regardless of any provision in Chapter 221, Health and
  Safety Code, or Chapter 53, Education Code, the authority of the
  corporation may be exercised inside or outside the limits of the
  city that created the corporation if the city is located in a county
  with a population of more than 300,000 [400,000] or inside or
  outside the limits of the county that created the corporation if the
  county has a population of more than 300,000 [400,000]. The
  authority may be exercised without the consent or other action of
  any person that would otherwise be required under Chapter 221,
  Health and Safety Code, or Chapter 53, Education Code, unless the
  articles of incorporation or bylaws of the corporation provide
  differently. The authority of a corporation under this section
  shall not preempt the police powers of any sponsoring entity or any
  other laws regulating or empowering sponsoring entities to regulate
  the activities of the corporation.
         SECTION 2.  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, 2009.
 
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