BILL ANALYSIS |
C.S.H.B. 2259 |
By: Isaac |
Special Purpose Districts |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties note there is a need for the Driftwood Economic Development Municipal Management District to tailor certain concepts in Local Government Code provisions relating to municipal management districts in general to the unique characteristics of the Driftwood Economic Development Municipal Management District and to update certain provisions of the district's creation statute to conform to the practical realities within the district. C.S.H.B. 2259 seeks to address such needs.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2259 amends the Special District Local Laws Code to change the qualifications for one of the positions on the board of directors of the Driftwood Economic Development Municipal Management District from being the individual who owns more property in the district than any other individual to being the individual, the designee of the individual, or the designee of the entity that owns more property in the district than any other individual or entity. The bill excludes the district from Local Government Code provisions relating to the qualifications of a person serving on the board of directors of a municipal management district and to the limits on a director's authority to vote on certain matters. The bill authorizes an official or employee of a public entity to serve on the district's board and establishes that the common law doctrine of incompatibility does not disqualify an official or employee of a public entity from serving as a director. The bill establishes that a person appointed to serve on the board is qualified to serve as a director and participate in all votes pertaining to the business of the district regardless of any other statutory provision to the contrary. The bill authorizes a director to participate in discussion and vote on an action even if the director has a beneficial interest in a business entity that will receive a pecuniary benefit from the action or if the director is an official or employee of a public entity and the action relates to assessments on or contracts with the public entity.
C.S.H.B. 2259 expands the types of improvement projects or services or activities that the district is authorized to provide to include an animal habitat; water, wastewater, or drainage facilities or services; and a rainwater collection and harvesting system. The bill authorizes the district to engage in activities that accomplish the economic development purposes of the district. The bill authorizes the district to establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to make loans and grants of public money and to provide district personnel and services. The bill authorizes the district to create economic development programs and exercise the economic development powers that the Local Government Code provides to a municipality. The bill includes administering or operating any service provided by the district among the purposes for which the district may adopt and enforce rules. The bill repeals the prohibition against the district issuing bonds and instead authorizes the district, subject to certain requirements, to issue obligations.
C.S.H.B. 2259 repeals, effective January 1, 2016, a statutory provision conditioning the board's authority to impose a tax on residential property in the district on the district's revenue requirements not being satisfied by the other taxes imposed by the board. The bill specifies that this repeal is applicable only to property taxes imposed for a property tax year that begins on or after January 1, 2016.
C.S.H.B. 2259 repeals the following provisions of the Special District Local Laws Code: · Section 3858.152 · Section 3858.153(c)
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EFFECTIVE DATE
Except as otherwise provided, September 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2259 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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