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