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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration, powers and duties, operations, and |
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financing of The Woodlands Township. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1(c), Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(c) The name of the district may be changed by resolution of |
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the board of directors of the district at any time. A reference in |
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this Act to the district means the name of the district as changed. |
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SECTION 2. Section 7, Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by adding |
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Subsections (s), (t), (u), (v), (w), (x), (y), (z), (aa), and (bb) |
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to read as follows: |
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(s) The district may make, enter into, and enforce tax |
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abatement agreements in the same manner as other taxing units under |
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Chapter 312, Tax Code. Before an ad valorem tax is first imposed, |
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the district may enter into a tax abatement agreement with the owner |
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of property subject to a tax abatement agreement with a county in |
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which any part of the district is located. The agreement may provide |
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for the parties to be bound by the same terms as the county |
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agreement for the remaining term of the county agreement and |
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provide for the same share of the property exempted by the county |
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agreement to be exempted from taxation by the district in each |
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remaining year of the county agreement. |
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(t) In order to promote business retention, sustain |
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employment, and prevent substandard and blighted housing |
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conditions, the district may: |
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(1) except as otherwise provided by this subsection |
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and in the same manner as a qualified association, assume, accept an |
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assignment of, succeed to, or contract to undertake, exercise, or |
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perform: |
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(A) all or part of the rights, powers, |
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privileges, duties, responsibilities, assets, liabilities, and |
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obligations of a qualified association under community covenants; |
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(B) any contracts, agreements, leases, |
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commitments, loans, pledges, instruments of indebtedness, or other |
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undertakings with any person, regardless of whether the person is a |
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qualified association, in the exercise of the rights, powers, |
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privileges, duties, or responsibilities described by Paragraph |
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(A); |
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(C) the administration, enforcement, amendment, |
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supplementation, repeal, revocation, or rescission of a community |
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covenant as provided by the covenant; or |
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(D) the functions, duties, and responsibilities |
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of the board of directors of a qualified association, without the |
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necessity of electing or appointing members of the board of |
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directors of the qualified association; |
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(2) administer and perform procedures established in a |
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community covenant or a related agreement for the selection or |
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appointment of members or officers to committees, village |
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association governing bodies, or similar positions; |
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(3) arrange or contract with one or more political |
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subdivisions or nonprofit organizations for the provision of |
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services and facilities to all or part of the territory in or |
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adjacent to the district that are substantially equivalent to the |
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services or facilities provided by the district or a qualified |
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association in the district, provided that the district may not |
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transfer, assign, or abrogate responsibility for the |
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administration or enforcement of any land use restrictions or |
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negative covenants included in a community covenant that apply to |
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land in or adjacent to the district; |
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(4) own, acquire, construct, improve, repair, |
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rehabilitate, operate, maintain, lease, purchase, sell, dispose |
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of, encumber, abandon, or remove: |
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(A) any buildings, improvements, or facilities; |
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or |
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(B) any real, personal, or mixed property; and |
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(5) assess, charge, collect, pledge, encumber, and |
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apply any fees, rents, charges, or proceeds received for the use, |
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enjoyment, or disposition of a building, improvement, facility, or |
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property or for a service or facility. |
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(u) The actions and proceedings of the district and the |
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board of directors under Subsection (t) of this section are |
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governmental functions. Title 11, Property Code, does not apply to |
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the district. This Act may not be construed as constituting a |
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waiver of governmental or sovereign immunity from suit, liability, |
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or judgment. |
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(v) In this section: |
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(1) "Qualified association" means a nonprofit |
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property owners' association created and operated by a planned |
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community, as that term is defined by Section 43.0754, Local |
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Government Code. |
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(2) "Community covenant" means recorded land use |
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restrictions and covenants applicable to a planned community, as |
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that term is defined by Section 43.0754, Local Government Code. |
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(w) The district may develop and maintain and may sell, |
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lease, encumber, abandon, or dispose of recreational facilities, |
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including an open space and a related street, sidewalk, path, |
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building, structure, improvement, or appurtenance. Subchapter N, |
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Chapter 49, Water Code, does not apply to the district, except that |
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the terms "develop and maintain" and "recreational facilities" have |
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the meanings assigned by Section 49.462 of that chapter. |
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(x) The district is a conservation and reclamation district |
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that is entitled to participate in the election of the board of |
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directors of an appraisal district for the purposes of Section |
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6.03, Tax Code. |
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(y) The district and a county tax assessor-collector may |
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contract for the collection of the delinquent assessments of a |
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qualified association for which the district has been assigned and |
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has assumed the duties, functions, and responsibilities. The |
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assessments may be collected through the use of the county's tax |
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billing and collection procedures or other mutually agreeable |
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means. A suit for collection of delinquent assessments under this |
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subsection: |
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(1) has the same priority and preference as a |
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delinquent tax collection suit; and |
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(2) shall be conducted in the same manner as a |
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delinquent tax collection suit. |
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(z) The district has the same rights and powers as a |
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municipality annexing territory in a district that provides |
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emergency services to cause all or part of the territory of the |
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district to be removed from the district providing emergency |
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services. |
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(aa) The board of directors by resolution may cause district |
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territory described in the resolution to be removed from the |
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boundaries and taxing jurisdiction of a transit authority whose |
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territory overlaps the district's territory if the district and a |
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municipality enter into a regional participation agreement under |
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Section 43.0754, Local Government Code, that requires the district |
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to deposit money into a regional participation fund for the |
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purpose, among others, of funding mobility projects of mutual |
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benefit to the district and municipality. A removal of territory |
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under this subsection takes effect on the date the board provides a |
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certified copy of the resolution to: |
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(1) the transit authority; and |
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(2) the comptroller. |
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(bb) Notwithstanding Chapter 393, Transportation Code, a |
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county may enter into an interlocal agreement with the district and |
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may, to the extent provided in the interlocal agreement, authorize |
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the district to prohibit, regulate, or authorize placement of signs |
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on the right-of-way of a road or highway maintained by the county |
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within the district, other than standard traffic control or |
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directional signs. |
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SECTION 3. Section 7F, Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by amending |
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Subsections (a) and (c) and adding Subsections (d), (e), (f), and |
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(g) to read as follows: |
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(a) In this section: |
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(1) "Fire-fighting services" has the meaning assigned |
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by Section 49.351(k), Water Code. |
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(2) "Fire [, "fire] protection personnel" has the |
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meaning assigned by Section 419.021, Government Code, except that a |
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reference to a fire department includes a nonprofit corporation |
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employing fire protection personnel and providing fire-fighting |
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services that is owned, operated, or controlled by the district. |
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(c) Before January 1, 2012 [2010], the district may not |
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directly employ any fire protection personnel but may own, operate, |
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or control a nonprofit corporation employing fire protection |
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personnel and providing fire-fighting services. This subsection |
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expires February [January] 1, 2012 [2010]. |
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(d) Except as provided by Subsection (c), a district may: |
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(1) directly, or through a nonprofit corporation |
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created, funded, owned, operated, or controlled by the district, |
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establish, acquire, operate, and maintain a fire department to |
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perform fire-fighting services in or adjacent to the district; and |
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(2) issue public securities, including public |
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securities approved by district voters and payable wholly or partly |
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from ad valorem taxes, to finance the construction, acquisition, |
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improvement, renovation, repair, or rehabilitation of any related |
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buildings, facilities, interests in land, equipment, or supplies. |
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(e) Subchapter L, Chapter 49, Water Code, does not apply to |
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the district. |
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(f) Unless other law requires a prior election, the district |
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shall hold an election to determine whether the district shall |
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adopt the provisions of Chapter 174, Local Government Code, if the |
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district receives a timely petition signed by a majority of the fire |
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protection personnel of the fire department of the district or of |
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any nonprofit corporation owned, operated, or controlled by the |
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district. On receipt and verification of the petition, the |
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district shall hold the election on a uniform election date that |
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occurs not later than the date of the last authorized uniform |
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election date in 2011 and shall conduct the election in compliance |
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with applicable law and Chapter 174, Local Government Code. This |
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subsection expires January 1, 2012. |
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(g) If an election is called under Subsection (f) of this |
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section and a majority of the voters voting in the election approve |
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the adoption by the district of the provisions of Chapter 174, Local |
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Government Code, the provisions of that chapter shall be binding on |
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the district when the district, or any municipality or other form of |
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local government succeeding to the principal assets, functions, and |
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liabilities of the district, directly employs fire protection |
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personnel. The results of the election shall continue in effect |
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unless the adoption of Chapter 174, Local Government Code, is |
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repealed in the manner provided by that chapter. A collective |
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bargaining agreement made and entered into by the district under |
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Chapter 174, Local Government Code, shall be binding on a successor |
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municipality or local government. |
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SECTION 4. Chapter 289, Acts of the 73rd Legislature, |
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Regular Session, 1993, is amended by adding Sections 7H and 7I to |
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read as follows: |
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Sec. 7H. CREATION OF EMERGENCY SERVICES DISTRICT. (a) |
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Notwithstanding Chapter 775, Health and Safety Code, on receipt of |
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an ordinance or resolution adopted by a municipality adjacent to |
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the district requesting that action, the board, instead of the |
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commissioners court of the county, may conduct a public hearing on |
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the creation and establishment of an emergency services district to |
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be located: |
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(1) wholly in one county; |
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(2) within the corporate limits or extraterritorial |
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jurisdiction of the requesting municipality; and |
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(3) outside the boundaries of any existing emergency |
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services district. |
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(b) The request from the municipality must include: |
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(1) the elements required to be included in a petition |
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for creation under Sections 775.013(a) and (a-1), Health and Safety |
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Code; and |
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(2) an agreement between the district and the |
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requesting municipality that the municipality will pay all costs of |
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the district related to the request. |
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(c) Not later than the 21st day before the date of the |
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hearing, the district shall publish at least once in a newspaper of |
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general circulation in the requesting municipality a notice of the |
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hearing containing the information required under Section |
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775.015(c), Health and Safety Code. |
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(d) The board shall conduct the hearing in the same manner |
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as provided for the commissioners court by Section 775.016, Health |
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and Safety Code. If after the hearing the board determines that |
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creation of the emergency services district is feasible and will |
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promote the public safety, welfare, health, and convenience of |
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persons residing in and adjacent to the proposed emergency services |
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district, the board, subject to Subsection (e) of this section, |
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shall grant the request and fix the boundaries of the emergency |
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services district. |
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(e) The requesting municipality may order an election to |
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confirm the creation of the emergency services district and to |
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authorize the imposition of a tax not to exceed the rate allowed by |
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Section 48-e, Article III, Texas Constitution. The emergency |
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services district is created and shall organize and operate under |
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Chapter 775, Health and Safety Code, if a majority of the voters |
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voting in the election approve the creation of the district. |
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(f) The governing body of the requesting municipality shall |
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appoint the initial and successor emergency services commissioners |
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for the emergency services district in the same manner as a |
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commissioners court appoints commissioners under Section 775.034, |
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Health and Safety Code, except that: |
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(1) the governing body shall appoint only three |
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emergency services commissioners who shall serve as the governing |
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body of the emergency services district; and |
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(2) the emergency services commissioners shall serve |
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staggered two-year terms. |
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(g) To be eligible for appointment to the board of emergency |
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services commissioners, a person must: |
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(1) be at least 18 years of age; |
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(2) be a citizen of this state; and |
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(3) reside within the requesting municipality or the |
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district. |
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(h) At least two of the emergency services commissioners |
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must reside in the district at all times. |
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(i) An emergency services commissioner is not entitled to |
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compensation or per diem allowances but is entitled to |
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reimbursement of reasonable expenses incurred in performing the |
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duties of a commissioner. |
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(j) A concurrence of two emergency services commissioners |
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is necessary in any matter relating to the business of the emergency |
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services district. The offices of secretary and treasurer of the |
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board of commissioners shall be combined, and an assistant |
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treasurer may not be elected. |
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(k) Section 775.076, Health and Safety Code, does not apply |
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to an emergency services district created under this section. |
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(l) The emergency services district may be dissolved and |
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abolished only on official action of the governing body of the |
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municipality and on assumption by the municipality of all of the |
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assets and liabilities of the district. The municipality may |
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dissolve and abolish the emergency services district: |
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(1) by removing all territory from the district; or |
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(2) after receiving a petition signed by not less than |
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10 percent of the registered voters in the district requesting |
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dissolution and abolition of the emergency services district. |
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Sec. 7I. EVENT ADMISSIONS TAX. (a) In this section: |
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(1) "Cultural education" means the exhibition or |
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promotion of or education about the performing, dramatic, visual, |
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literary, or fine arts, including historical, geological, |
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archeological, or paleontological sciences, and history, natural |
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history, scientific, cultural, ethnic, or heritage education |
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meeting local community standards in the district. |
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(2) "Event" means any performance, exhibition, |
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showing, or similar presentation at a venue for which an admission |
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fee or charge is imposed by the venue user, including a cultural |
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education event. |
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(3) "Venue" means an indoor or outdoor theater, music, |
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exhibition, rehearsal, or concert hall, opera house, auditorium, |
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park, zoo, museum, aquarium, plaza, civic center, or similar |
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building or forum in the district, other than a motion picture |
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theater, regardless of whether the district owns, operates, leases, |
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finances, or uses the venue. |
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(4) "Venue user" means an owner, lessee, operator, or |
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other user of a venue. |
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(b) The district by order may impose a tax on each ticket |
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sold as admission to an event held at a venue. |
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(c) The amount of the tax may be imposed at any uniform |
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percentage not to exceed five percent of the price of the ticket |
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sold as admission to an event held at a venue. |
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(d) The district by order may increase, repeal, or decrease |
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the rate of the tax imposed under this section. |
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(e) The district by order may require the venue user to |
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collect the tax for the benefit of the district. |
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(f) A venue user required to collect the tax under this |
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section shall add the tax to the admissions price, and the tax is a |
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part of the admissions price, is a debt owed to the venue user by the |
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person admitted, and is recoverable at law in the same manner as the |
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admissions price. |
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(g) The tax imposed by this section is not an occupation tax |
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imposed on the venue user. |
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(h) A tax imposed under this section or a change in a tax |
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rate takes effect on the date prescribed by the order imposing the |
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tax or changing the rate. |
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(i) A person required to collect a tax imposed under this |
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section shall report and remit the taxes to the district as provided |
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by order of the district. |
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(j) The district by order may prescribe penalties and |
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interest charges for failure to keep records required by the |
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district, to report when required, or to fully and timely collect or |
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remit the tax. The district may bring suit against a person who |
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fails to collect a tax under this section or to fully and timely |
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remit the tax to the district. |
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(k) The district by order may permit a person who is |
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required to collect a tax under this section to retain a percentage |
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of the amount collected and required to be reported as |
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reimbursement to the person for the costs of collecting the tax. |
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The district may provide that the person may retain the amount only |
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if the person pays the tax and files reports as required by the |
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district. |
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(l) The district and any venue user may enter into an |
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agreement for a term of not more than 20 years: |
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(1) providing for the payment or reimbursement, or the |
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reservation of tax proceeds for the payment or reimbursement, to |
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the venue user of all or any agreed portion of the venue user's |
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actual costs of operations, maintenance, management, financing, |
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funding development, capital costs, debt service, or other actual |
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costs of the production, promotion, or presentation of a cultural |
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education event at the venue; and |
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(2) containing any other terms, conditions, and |
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provisions as may be considered necessary and appropriate to |
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support cultural education in the district. |
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(m) The proceeds received by the district from the tax |
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authorized by this section may be used only to support cultural |
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education in the district. |
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(n) The district may continue to impose the tax authorized |
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by this section after any contractual obligations have been |
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fulfilled if the tax revenue is used to support cultural education. |
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(o) An agreement entered into in anticipation of this |
|
section taking effect that otherwise meets the requirements of this |
|
section is not invalid because it was authorized, executed, or |
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entered into before the effective date of this section. |
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SECTION 5. Section 8(j), Chapter 289, Acts of the 73rd |
|
Legislature, Regular Session, 1993, is amended to read as follows: |
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(j) Except as provided by Subsection (e) of this section, a |
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majority of the total authorized number of [four] directors |
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constitutes [constitute] a quorum for the consideration of all |
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matters pertaining to the business of the district, and a |
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concurrence of a majority of a quorum of directors shall be required |
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for any official action of the district. |
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SECTION 6. Section 9, Chapter 289, Acts of the 73rd |
|
Legislature, Regular Session, 1993, is amended by amending |
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Subsection (g) and adding Subsection (l) to read as follows: |
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(g) After passage of the propositions in the confirmation |
|
election, as required by Subsection (e) of this section and Section |
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7-a of this Act: |
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(1) an election shall be called for the uniform |
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election date in May of the next even-numbered year for the election |
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of five directors at large. The three candidates receiving the |
|
highest number of votes shall be elected for a term of three years, |
|
and the two candidates receiving the next highest number of votes |
|
shall be elected for a term of two years; |
|
(2) an election shall be called for the uniform |
|
election date in May of the next succeeding even-numbered year |
|
after the election held under Subdivision (1) of this subsection, |
|
for the election of four directors by position [at large]. Each of |
|
the [The] four candidates [receiving the highest number of votes
|
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shall be] elected shall serve for a term of two years; and |
|
(3) an election shall be called annually thereafter |
|
for the uniform election date in May of each year for the election |
|
by position of either three or four directors, as appropriate, to |
|
serve two-year terms. |
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(l) An election held on the proposition of incorporating all |
|
or part of the territory of the district under Subsection (h)(2) may |
|
be held regardless of population or area limits described by |
|
Section 5.901, Local Government Code, or other law, if the area to |
|
be incorporated has a population of 5,000 or more inhabitants |
|
according to the most recent federal decennial census or other |
|
credible population records. |
|
SECTION 7. Chapter 289, Acts of the 73rd Legislature, |
|
Regular Session, 1993, is amended by adding Section 11B-1 to read as |
|
follows: |
|
Sec. 11B-1. SUPPLEMENTAL HOTEL OCCUPANCY TAX. (a) In |
|
addition to the tax authorized by Section 11A of this Act, but |
|
subject to Subsection (c), the board by order may impose, repeal, |
|
increase, or decrease a supplemental hotel occupancy tax in the |
|
same manner as the tax authorized by Section 11A. The rate of the |
|
supplemental tax may not exceed two percent of the price paid for a |
|
room in a hotel. |
|
(b) The district shall apply the proceeds from the |
|
supplemental tax imposed under Subsection (a) solely for the |
|
purposes described by Sections 352.101(a) and 352.1015, Tax Code, |
|
and for the purpose of establishing, operating, and maintaining a |
|
convention and visitors bureau within or adjacent to the district. |
|
For purposes of this subsection, a reference in Section 352.101(a) |
|
or 352.1015, Tax Code, to a county, county officer, or |
|
commissioners court means the district, a district officer, or the |
|
board, as appropriate. |
|
(c) The board may not impose the supplemental tax authorized |
|
by Subsection (a) before January 1, 2011. The board may impose the |
|
tax at a rate not to exceed one percent until December 1, 2011. On |
|
or after January 1, 2012, the board may impose the tax at a rate not |
|
to exceed two percent. |
|
SECTION 8. Section 11C, Chapter 289, Acts of the 73rd |
|
Legislature, Regular Session, 1993, is amended by amending |
|
Subsections (g), (k), and (p) and adding Subsections (g-1) and (s) |
|
to read as follows: |
|
(g) Members of the governing body shall be appointed for a |
|
term of two years, except that: |
|
(1) the appointment of the initial members of the |
|
governing body may provide for some terms to be limited to one year |
|
in order to achieve staggered terms of office; and |
|
(2) the board by resolution may: |
|
(A) extend the terms of office of members of the |
|
governing body beyond two years to the extent necessary to |
|
coordinate those terms with the next election of members of the |
|
board of directors; or |
|
(B) provide for one-year terms of office for |
|
members of a subsequent governing body. |
|
(g-1) The district by appointment shall fill a vacancy on |
|
the governing body of the zone for the unexpired portion of the |
|
term. |
|
(k) A development zone created by the district under this |
|
section is a body politic and corporate and a political subdivision |
|
of the state, separate from the district. The district and the |
|
development zone have the same power and authority to carry out this |
|
section as Section 311.008, Tax Code, provides a municipality to |
|
carry out Chapter 311, Tax Code. In addition to the powers granted |
|
to the governing body by this section, the board by order may |
|
delegate, subject in whole or in part to final approval by the |
|
board, any powers and duties relating to the financing and |
|
implementation of the project plan for the zone, including the |
|
power and authority to: |
|
(1) issue tax increment bonds or notes for and in the |
|
name of the zone in the same manner as Section 311.015 [311.010], |
|
Tax Code, provides for a municipality, except that tax increment |
|
bonds or notes of the zone must mature in not more than 30 years, to |
|
fund any project of the zone and pay any related bond issuance and |
|
bond reserve costs or to refund any bonds, notes, contractual |
|
obligations, commitments, or undertakings of the zone, including |
|
the reimbursement to any person for project costs and related |
|
interest for which the zone would have been authorized to issue its |
|
bonds or notes; |
|
(2) pledge irrevocably all or part of the tax |
|
increment fund for the zone, as Section 311.015, Tax Code, provides |
|
for a municipality; and |
|
(3) impose, assess, and collect ad valorem taxes, |
|
assessments, and other charges in the zone, as Chapter 375, Local |
|
Government Code, provides for municipal management districts, as |
|
well as the incremental sales and use tax authorized by this |
|
section, if the ad valorem tax or incremental sales and use tax has |
|
been approved by the qualified voters of the district at an election |
|
called and held for that purpose. |
|
(p) Sections 311.002 and 311.014 through 311.017, Tax Code, |
|
apply to the district, except that for purposes of this subsection: |
|
(1) a reference in those sections to a municipality |
|
means the district and the development zone; |
|
(2) a reference in those sections to an ordinance |
|
means an order; |
|
(3) a reference in those sections to a reinvestment |
|
zone means a development zone; |
|
(4) a reference in those sections to an agreement made |
|
under Subsection (b), Section 311.010, Tax Code, means an agreement |
|
made under Subsection (l) of this section; |
|
(5) "development" means initial development; |
|
(6) "redevelopment" means substantial redevelopment; |
|
[and] |
|
(7) Section 311.016, Tax Code, applies only if ad |
|
valorem taxes are used, in whole or in part, in payment of project |
|
costs of a development zone; and |
|
(8) a development zone created without a duration or |
|
date of termination may be dissolved by a two-thirds vote of the |
|
board of directors of the district or of the governing body of a |
|
municipality or other form of local government succeeding to the |
|
principal assets, powers, functions, and liabilities of the |
|
district, but only if: |
|
(A) the development zone has no outstanding |
|
indebtedness or other obligations; or |
|
(B) the assets, powers, functions, and |
|
liabilities, and any outstanding indebtedness or obligations of the |
|
development zone are expressly assumed by the district or the |
|
succeeding municipality or local government. |
|
(s) The district or a municipality or other local government |
|
succeeding to the principal assets, powers, functions, and |
|
liabilities of the district may assume, exercise, perform, and |
|
discharge the assets, powers, functions, and liabilities of a |
|
development zone in the same manner, to the same extent, and for the |
|
same purposes as a development zone created under this section. |
|
SECTION 9. The heading to Section 12A, Chapter 289, Acts of |
|
the 73rd Legislature, Regular Session, 1993, is amended to read as |
|
follows: |
|
Sec. 12A. PUBLIC SECURITIES [BONDS]. |
|
SECTION 10. Section 12A, Chapter 289, Acts of the 73rd |
|
Legislature, Regular Session, 1993, is amended by amending |
|
Subsections (a) and (c) and adding Subsections (d), (e), and (f) to |
|
read as follows: |
|
(a) The board may issue, sell, and deliver the public |
|
securities [bonds] of the district in the manner provided by this |
|
section or other applicable law, including Chapter 1371, Government |
|
Code, and Subchapter J, Chapter 375, Local Government Code, for any |
|
district purpose or to finance or pay for any district facilities, |
|
programs, or improvement projects [project], including for the |
|
purpose of making or providing for payment of any amounts due or to |
|
become due from the district under a regional participation |
|
agreement authorized by this Act or other law, to refund or |
|
refinance any public security or other contract, agreement, |
|
commitment, or undertaking of the district in payment of which the |
|
district could have issued its public securities, or to fund or pay |
|
for any reserve fund or issuance expenses related to the public |
|
securities. The public securities [which] shall be deemed to be in |
|
furtherance of a program authorized pursuant to Section 52-a, |
|
Article III, Texas Constitution[, in the manner provided by
|
|
Subchapter J, Chapter 375, Local Government Code]. Sections |
|
375.207 and 375.208, Local Government Code, do not apply to public |
|
securities [bonds] issued by the district under this Act. |
|
(c) In addition to the sources of money described by |
|
Subchapter J, Chapter 375, Local Government Code, the public |
|
securities [bonds] of the district may be secured and made payable, |
|
wholly or partly, by a pledge of any part of the net proceeds the |
|
district receives from: |
|
(1) a specified portion, but not more than one-half of |
|
one percent, of the sales and use tax authorized by Section 11 of |
|
this Act; |
|
(2) the hotel occupancy tax authorized by Section 11A |
|
of this Act; |
|
(3) an ad valorem tax approved by the voters of the |
|
district at an election called for that purpose; |
|
(4) any revenues, receipts, fees, charges, income, |
|
funds, or proceeds received or to be received by the district from |
|
refunding public securities, contracts, agreements, or other |
|
[lawful] sources, including a contract with a development zone to |
|
facilitate an improvement project or project plan of the district |
|
or the development zone; or |
|
(5) [any other revenues, income, or proceeds that in
|
|
accordance with this Act or other law may be pledged or used for
|
|
purposes described by Subdivision (4) of this subsection; or
|
|
[(6)] any combination of revenues, taxes, or proceeds |
|
from one or more of the sources described by Subdivisions (1)-(4) |
|
[(1)-(5)] of this subsection. |
|
(d) The board of directors or an officer or employee of the |
|
district to whom the board delegates authority may sell a district |
|
public security at a public or private sale in the form, at the |
|
price, on the terms and conditions, at the interest rate or rates, |
|
whether fixed, variable, floating, adjustable, or otherwise, as the |
|
board determines appropriate. The net effective interest rate of |
|
the public securities under this subsection may not exceed the |
|
maximum rate allowed by law. |
|
(e) The board may secure a district public security with a |
|
security agreement, credit agreement, or both, with the security |
|
interest or interests, other than a mortgage interest in real |
|
property, and with the parity or priority of pledge and lien as the |
|
board determines appropriate. |
|
(f) In this section: |
|
(1) "Public security" has the meaning assigned by |
|
Section 1201.002, Government Code. |
|
(2) "Credit agreement," "security agreement," and |
|
"security interest" have the meanings assigned by Section 1208.001, |
|
Government Code. |
|
SECTION 11. (a) The legislature ratifies and confirms all |
|
governmental acts and proceedings of The Woodlands Township and its |
|
board and of The Woodlands Township Economic Development Zone and |
|
its governing body before the effective date of this Act, in: |
|
(1) calling, holding, conducting, and declaring the |
|
results of the confirmation and tax election held in the district on |
|
November 6, 2007; |
|
(2) conditionally enlarging the boundaries and |
|
increasing the number of eligible voters of the district for |
|
conducting the election described by Subdivision (1); |
|
(3) changing the name of the district to The Woodlands |
|
Township; |
|
(4) describing the boundaries of the district for any |
|
purpose, including the election described by Subdivision (1); |
|
(5) creating, establishing, organizing, and |
|
describing the boundaries of The Woodlands Township Economic |
|
Development Zone; |
|
(6) dissolving, abolishing, and transferring the |
|
funds, assets, liabilities, and obligations of all existing |
|
economic development zones overlapped by The Woodlands Township |
|
Economic Development Zone; |
|
(7) imposing and collecting an incremental sales and |
|
use tax by The Woodlands Township Economic Development Zone; and |
|
(8) conditionally excluding territory from the |
|
boundaries of The Woodlands Township Economic Development Zone and |
|
reserving the right to repeal or rescind the exclusion. |
|
(b) Subsection (a) does not apply to a matter that on the |
|
effective date of this Act: |
|
(1) is involved in litigation, if the litigation |
|
ultimately results in the matter being held invalid by a final court |
|
judgment; or |
|
(2) has been held invalid by a final court judgment. |
|
SECTION 12. The provisions of this Act are severable. If any |
|
word, phrase, clause, sentence, section, provision, or part of this |
|
Act is held invalid or unconstitutional, it shall not affect the |
|
validity of the remaining portions, and it is declared to be the |
|
legislative intent that this Act would have been passed as to the |
|
remaining portions regardless of the invalidity of any part. |
|
SECTION 13. (a) The legislature finds that the powers, |
|
authority, and functions of the district authorized by this Act are |
|
essential and beneficial to the district and to the state as a whole |
|
as a program for promoting, facilitating, and accomplishing the |
|
public purposes of Section 52-a, Article III, Texas Constitution, |
|
by: |
|
(1) promoting, sustaining, and advancing employment |
|
and economic diversification and development in the state; |
|
(2) sustaining and stimulating business in the state; |
|
(3) conserving and sustaining property values and |
|
living conditions in the state; |
|
(4) promoting traffic circulation and public safety in |
|
the state; |
|
(5) promoting the development of parks, recreational |
|
facilities, and cultural education in the state; and |
|
(6) serving other purposes beneficial to the state. |
|
(b) 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. |
|
(c) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(d) 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. |
|
(e) 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 have been |
|
fulfilled and accomplished. |
|
SECTION 14. 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. |