By: Patrick S.B. No. 2496
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers of the Westchase District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 3802, Special District
  Local Laws Code, is amended by adding Sections 3802.0045,
  3802.0055, and 3802.008 to read as follows:
         Sec. 3802.0045.  PARKING.  A parking improvement is
  considered to be a street or road improvement.
         Sec. 3802.0055.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created by a
  municipality under Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created by a
  municipality under Chapter 312, Tax Code; or
               (3)  an enterprise zone created by a municipality under
  Chapter 2303, Government Code.
         Sec. 3802.008.  TORT LIABILITY. The district is a
  governmental unit under Chapter 101, Civil Practice and Remedies
  Code, and the operations of the district are essential government
  functions and are not proprietary functions for any purpose,
  including the application of Chapter 101, Civil Practice and
  Remedies Code.
         SECTION 2.  Section 3802.051, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3802.051.  BOARD OF DIRECTORS; TERMS.  (a)  The
  district is governed by a board of 17 directors who serve staggered
  terms of four years, with eight or nine directors' terms expiring
  June 1 of each odd-numbered year.
         (b)  The board by resolution may change the number of voting
  directors on the board, but only if the board determines that the
  change is in the best interest of the district. The board may not
  consist of fewer than nine or more than 30 voting directors.
         SECTION 3.  Subchapter B, Chapter 3802, Special District
  Local Laws Code, is amended by adding Section 3802.054 to read as
  follows:
         Sec. 3802.054.  QUORUM. For purposes of determining whether
  a quorum of the board is present, the following are not counted:
               (1)  a board position vacant for any reason, including
  death, resignation, or disqualification;
               (2)  a director who is abstaining from participation in
  a vote because of a conflict of interest; or
               (3)  a nonvoting director.
         SECTION 4.  Section 3802.103, Special District Local Laws
  Code, is amended by adding Subsection (e) to read as follows:
         (e)  The implementation of a project is a governmental
  function or service for the purposes of Chapter 791, Government
  Code.
         SECTION 5.  Subchapter C, Chapter 3802, Special District
  Local Laws Code, is amended by adding Sections 3802.102 and
  3802.1045 to read as follows:
         Sec. 3802.102.  NONPROFIT CORPORATION. (a)  The board by
  resolution may authorize the creation of a nonprofit corporation to
  assist and act for the district in implementing a project or
  providing a service authorized by this chapter.
         (b)  The nonprofit corporation:
               (1)  has each power of and is considered for all
  purposes to be a local government corporation created under Chapter
  431, Transportation Code; and
               (2)  may implement any project and provide any service
  authorized by this chapter.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation.  The board of directors of the nonprofit
  corporation shall serve in the same manner as, for the same term as,
  and on the same conditions as the board of directors of a local
  government corporation created under Chapter 431, Transportation
  Code.
         (d)  The nonprofit corporation may be dissolved as provided
  by Chapter 431, Transportation Code, for a corporation created
  under that chapter.
         Sec. 3802.1045.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
  The district may join and pay dues to an organization that:
               (1)  is exempt from federal income taxation under
  Section 501(a), Internal Revenue Code of 1986, by being listed as an
  exempt organization under Section 501(c)(3), (4), or (6) of that
  code; and
               (2)  performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         SECTION 6.  Section 3802.106, Special District Local Laws
  Code, as added by Chapter 728 (H.B. 2018), Acts of the 79th
  Legislature, Regular Session, 2005, is renumbered as Section
  3802.107, Special District Local Laws Code, to read as follows:
         Sec. 3802.107 [3802.106].  CONFERENCE AND CONVOCATION
  CENTERS. The district may finance, acquire, lease as a lessor or
  lessee, construct, improve, operate, or maintain conference and
  convocation centers and supporting facilities.  The district may
  enter into a long-term operating agreement with any person for the
  center or facility.
         SECTION 7.  Subchapter D, Chapter 3802, Special District
  Local Laws Code, is amended by adding Section 3802.1575 to read as
  follows:
         Sec. 3802.1575.  USE OF ELECTRICAL OR OPTICAL LINES.
  (a)  The district may impose an assessment to pay the cost of:
               (1)  burying or removing electrical power lines,
  telephone lines, cable or fiber-optic lines, or any other type of
  electrical or optical line;
               (2)  removing poles and any elevated lines using the
  poles; and
               (3)  reconnecting the lines described by Subdivision
  (2) to the buildings or other improvements to which the lines were
  connected.
         (b)  The assessment under Subsection (a) shall not be imposed
  on the property, including the equipment, rights-of-way,
  easements, facilities, or improvements, of a telecommunications
  provider as defined by Section 51.002, Utilities Code, or a cable
  service provider or video service provider as defined by Section
  66.002, Utilities Code, unless the property is used as office
  space.
         (c)  The district may acquire, operate, or charge fees for
  the use of the district conduits for:
               (1)  another person's:
                     (A)  telecommunications network;
                     (B)  fiber-optic cable; or
                     (C)  electronic transmission line; or
               (2)  any other type of transmission line or supporting
  facility.
         (d)  The district may not require a person to use a district
  conduit.
         SECTION 8.  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.