By: Watson S.B. No. 2553
  relating to the creation of the Save Historic Muny District;
  providing authority to issue bonds; providing authority to impose
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3988 to read as follows:
         Sec. 3988.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Austin.
               (3)  "County" means Travis County.
               (4)  "Director" means a board member.
               (5)  "District" means the Save Historic Muny District.
         Sec. 3988.0102.  NATURE OF DISTRICT. The Save Historic Muny
  District is a special district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 3988.0103.  PURPOSE; DECLARATION OF INTENT. (a)  The
  primary purpose of the district is to preserve the land used for the
  historic Lions Municipal Golf Course in Austin as a golf course,
  publicly available parkland, or a combination of those uses.
         (b)  The creation of the district is essential to accomplish
  the purposes of Sections 52 and 52-a, Article III, and Section 59,
  Article XVI, Texas Constitution, and other public purposes stated
  in this chapter.
         (c)  By creating the district and in authorizing the county,
  the city, and other political subdivisions to contract with the
  district, the legislature has established a program to accomplish
  the public purposes set out in Section 52-a, Article III, Texas
         (d)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (e)  This chapter and the creation of the district may not be
  interpreted to relieve the county or the city from providing the
  level of services provided as of the effective date of the Act
  enacting this chapter to the area in the district. The district is
  created to supplement and not to supplant county or city services
  provided in the district.
  (a)  All land and other property included in the district will
  benefit from the improvements and services to be provided by the
  district under powers conferred by Sections 52 and 52-a, Article
  III, and Section 59, Article XVI, Texas Constitution, and other
  powers granted under this chapter.
         (b)  The district is created to serve a public use and
         (c)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community, business, and recreation
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty;
               (4)  provide for water, wastewater, drainage, road, and
  recreational facilities for the district.
         (d)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (e)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3988.0105.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries contained in Section 2 of the Act
  enacting this chapter form a closure. A mistake in the boundaries
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bonds for the purposes
  for which the district is created or to pay the principal of and
  interest on the bonds;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3988.0107.  CONSTRUCTION OF CHAPTER. This chapter
  shall be liberally construed in conformity with the findings and
  purposes stated in this chapter.
         Sec. 3988.0108.  EXPIRATION OF CHAPTER.  The district is
  dissolved and this chapter expires December 31, 2020, if no fees
  have been approved under Sec. 3988.0304.
         Sec. 3988.0201.  GOVERNING BODY; TERMS. The district is
  governed by a board of five directors who serve staggered terms of
  four years.
         Sec. 3988.0202.  APPOINTMENT OF DIRECTORS. The governing
  body of the city shall appoint directors from a list of names
  recommended by the preceding board as provided by Section 375.064,
  Local Government Code.
  (a)  An appointing committee shall appoint directors to the initial
  board. The appointing committee is composed of:
               (1)  the executive director of the Parks and Wildlife
               (2)  the executive director of the Texas Historical
               (3)  the mayor of the city;
               (4)  the county judge of the county; and
               (5)  the Texas Director of The Nature Conservancy.
         (b)  The appointing committee shall appoint the initial
  board not later than October 1, 2019.
         (c)  Three initial directors serve four-year terms and two
  initial directors serve two-year terms. The appointing committee
  shall designate the term of each initial director.
         Sec. 3988.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
  (a)  The district, using any money available to the district for
  the purpose, may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service authorized under this chapter or Chapter 375, Local
  Government Code.
         (b)  The district may contract with a governmental or private
  entity to carry out an action under Subsection (a).
         (c)  The implementation of a district project or service is a
  governmental function or service for the purposes of Chapter 791,
  Government Code.
         (d)  The district may enter into an agreement with the city
  to allow the city to provide to the district revenue from fees
  collected by the city from municipally owned utility customers in
  the district in exchange for the district providing an improvement
  project or service that provides a public benefit to the city.
         (e)  The district may accept gifts, grants, or donations from
  any public or private source for the purpose of carrying out this
  chapter. Notwithstanding Section 3988.0108, the district may
  continue for the purpose of carrying out the intent of the donors of
  any grants, gifts, or donations or may transfer the grants, gifts,
  or donations to another entity that will fulfill the purpose of the
  The district may join and pay dues to a charitable or nonprofit
  organization that performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 3988.0304.  ELECTIONS TO APPROVE FEES.  (a)  The
  district may not impose a fee unless it is approved at an election
  by a majority of the qualified voters of the district voting at an
  election called and held for that purpose.
         (b)  The resolution ordering the election and the notice of
  the election must contain:
               (1)  a complete legal description of the area included
  in the proposed project;
               (2)  a statement of the nature of the proposed project;
               (3)  a statement of the total amount of local funds to
  be spent on the proposed project; and
               (4)  the amount of the fee to be imposed.
         (c)  The ballot proposition at the election need not contain
  a complete legal description of the area included in the project,
  but the proposition must contain a general description of the area
  that is sufficient to give notice to the voters of the location of
  the proposed project. The proposition must also contain a
  statement of the nature of the proposed project, the total amount of
  local funds to be spent on the project, and the total amount of the
  fee to be imposed.
         (d)  If the ballot proposition is approved, the district may
  not exceed the limitations imposed on the project in the resolution
  ordering the election with respect to the area, nature, or amount of
  local funds spent on the project. If the district desires to expand
  the project beyond those limitations, the proposed expansion must
  be approved at an election in the manner provided for the original
         (e)  If a majority of the voters voting on the issue do not
  approve a fee at an election under this section, another election
  concerning a fee may not be held before the first anniversary of the
  date of the most recent election disapproving the fee.
         Sec. 3988.0305.  PARKING FACILITIES. (a)  The district may
  acquire, lease as lessor or lessee, construct, develop, own,
  operate, and maintain parking facilities or a system of parking
  facilities, including lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets and related appurtenances.
         (b)  The district's parking facilities serve the public
  purposes of the district and are owned, used, and held for a public
  purpose even if leased or operated by a private entity for a term of
         (c)  The district's parking facilities are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (d)  The development and operation of the district's parking
  facilities may be considered an economic development program.
         Sec. 3988.0306.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         SECTION 2.  The Save Historic Muny District initially
  includes all territory contained in the following area:
         In Austin, Texas, the territory enclosed by:
               (1)  West 35th Street between the Colorado River and
  West 34th Street;
               (2)  West 34th Street between West 35th Street and
  Lamar Boulevard;
               (3)  North Lamar Boulevard between West 34th Street and
  South Lamar Boulevard;
               (4)  South Lamar Boulevard between North Lamar
  Boulevard and the Colorado River; and
               (5)  the Colorado River between South Lamar Boulevard
  and West 35th Street.
         SECTION 3.  (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, one of the required recipients, 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 have been
  fulfilled and accomplished.
         SECTION 4.  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, 2019.