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AN ACT
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relating to the East Montgomery County Improvement District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) This section takes effect only if the Act of |
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the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in enacted codes |
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becomes law. |
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(b) Subdivision (3), Section 3846.001, Special District |
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Local Laws Code, is amended to read as follows: |
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(3) "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, tourist development area along |
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an inland waterway, or plaza. |
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SECTION 2. (a) This section takes effect only if the Act of |
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the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in enacted codes does |
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not become law. |
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(b) Subdivision (1), Subsection (a), Section 33, Chapter |
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1316, Acts of the 75th Legislature, Regular Session, 1997, as added |
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by Section 11, Chapter 950, Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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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, tourist development area along |
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an inland waterway, or plaza. |
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SECTION 3. Subsections (d) and (e), Section 3846.155, |
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Special District Local Laws Code, are amended to read as follows: |
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(d) If as a result of the imposition or increase in a sales |
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and use tax by the district as provided under this section or |
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Section 3846.152, the overlapping local sales and use taxes in a |
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municipality or political subdivision located in the boundaries of |
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the district will exceed two percent, the municipality's or |
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political subdivision's sales and use tax is automatically reduced |
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in that municipality or political subdivision to a rate that, when |
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added to the district's rate, does not exceed two percent. |
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(e) If the tax rate of a municipality or political |
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subdivision is reduced in accordance with Subsection (d), the |
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comptroller shall withhold from the district's monthly sales and |
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use tax allocation an amount equal to the amount that would have |
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been collected by the municipality or political subdivision had the |
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district not imposed or increased its sales and use tax less amounts |
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that the municipality or political subdivision collects following |
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the district's imposition of or increase in its sales and use tax. |
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The comptroller shall withhold and pay the amount withheld to the |
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municipality or political subdivision under policies or procedures |
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that the comptroller considers reasonable. |
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SECTION 4. Section 3846.162, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3846.162. BORROWING MONEY. The district may borrow |
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money for the corporate purposes of the district and may issue bonds |
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as authorized by Section 3846.164 for any district purpose, |
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including for the purpose of an economic development program under |
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Section 3846.106. |
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SECTION 5. (a) This section takes effect only if the Act of |
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the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in enacted codes |
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becomes law. |
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(b) Sections 3846.253 and 3846.260, Special District Local |
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Laws Code, are amended to read as follows: |
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Sec. 3846.253. DEVELOPMENT ZONES AUTHORIZED. The board, on |
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its own motion or on receipt of a petition signed by the owners of |
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all real property in a defined area of the district consisting of |
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one tract of land containing at least 25 [or more] contiguous acres |
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and any additional smaller or larger tracts, as appropriate [of
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land], by resolution may create, designate, describe, assign a name |
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to, and appoint the governing body for a development zone in the |
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district to promote development or redevelopment of the area, if |
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the board finds that the creation of the zone will further the |
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public purposes 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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Sec. 3846.260. DEVELOPMENT ZONE BOUNDARIES. The boundaries |
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of a development zone may be reduced or enlarged in the manner |
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provided by this subchapter for creation of a zone, except that the |
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boundaries may not be reduced to less than 25 contiguous acres. A |
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development zone may be enlarged to include noncontiguous tracts |
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only if on the date the zone is enlarged the zone contains at least |
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one tract consisting of at least 25 contiguous acres. A |
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confirmation election is not required for an 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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SECTION 6. (a) This section takes effect only if the Act of |
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the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in enacted codes does |
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not become law. |
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(b) Subsections (b) and (j), Section 30, Chapter 1316, Acts |
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of the 75th Legislature, Regular Session, 1997, as added by Section |
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9, Chapter 950, Acts of the 80th Legislature, Regular Session, |
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2007, are amended to read as follows: |
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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 one tract of land containing at least 25 [or
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more] contiguous acres and any additional smaller or larger tracts, |
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as appropriate [of land], by resolution may create, designate, |
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describe, assign a name to, and appoint the governing body for a |
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development zone in the district to promote development or |
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redevelopment of the area, if the board finds that the creation of |
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the zone will further the public purposes 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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(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 development zone may be enlarged to include |
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noncontiguous tracts only if on the date the zone is enlarged the |
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zone contains at least one tract consisting of at least 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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SECTION 7. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 8. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2453 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 30, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2453 passed the House, with |
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amendment, on May 26, 2009, by the following vote: Yeas 122, |
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Nays 22, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |