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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties, authority to issue bonds, and |
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authority to impose a tax of the SH130 Municipal Management |
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District No. 1. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3971.0101, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3971.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Austin. |
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(3) "County" means Travis County. |
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(4) "Director" means a board member. |
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(5) [(4)] "District" means the SH130 Municipal |
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Management District No. 1. |
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SECTION 2. Sections 3971.0103(b) and (d), Special District |
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Local Laws Code, are amended to read as follows: |
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(b) By creating the district and in authorizing the city, |
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the county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city or county services |
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provided in the district. |
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SECTION 3. Section 3971.0304, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3971.0304. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the city or the county, to provide law enforcement |
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services in the district for a fee. |
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SECTION 4. Subchapter C, Chapter 3971, Special District |
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Local Laws Code, is amended by adding Section 3971.0311 to read as |
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follows: |
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Sec. 3971.0311. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. (a) Notwithstanding the acreage requirement |
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under Section 54.801(a), Water Code, the district may define areas |
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or designate certain property of the district as provided by |
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Subchapter J, Chapter 54, Water Code, to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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(b) Section 54.813, Water Code, does not apply to the |
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district. |
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SECTION 5. Subchapter D, Chapter 3971, Special District |
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Local Laws Code, is amended by adding Section 3971.0403 to read as |
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follows: |
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Sec. 3971.0403. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. |
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Section 375.161, Local Government Code, does not apply to the |
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district. |
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SECTION 6. Section 3971.0506, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3971.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT |
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UNDER AGREEMENT. If the improvements financed by an obligation |
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will be conveyed, [to or] operated and maintained, or otherwise |
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financed [by a municipality or retail utility provider] pursuant to |
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an agreement between the district and the county, a municipality, |
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or a retail utility provider entered into before the issuance of the |
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obligation, the obligation may be in the form of bonds, notes, or |
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other obligations payable wholly or partly from assessments, issued |
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by public or private sale, in the manner provided by Subchapter A, |
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Chapter 372, Local Government Code. |
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SECTION 7. Section 3971.0507, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3971.0507. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED. |
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(a) The board may not issue bonds until the governing body of |
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either a [each] municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located or the county |
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in which the district is located has consented by ordinance, [or] |
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resolution, or order to the creation of the district and to the |
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inclusion of land in the district. |
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(b) This section applies only to the district's first |
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issuance of bonds payable from ad valorem taxes. |
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SECTION 8. Sections 3971.0602(a) and (b), Special District |
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Local Laws Code, are amended to read as follows: |
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(a) The district may adopt a sales and use tax if: |
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(1) the city or the county consents to the adoption of |
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the tax; and |
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(2) the tax is authorized by a majority of the voters |
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of the district voting at an election held for that purpose. |
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(b) Subject to city or county consent under Subsection (a), |
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the board by order may call an election to authorize the adoption of |
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the sales and use tax. The election may be held on any uniform |
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election date and in conjunction with any other district election. |
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SECTION 9. Section 3971.0702(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) For the purposes of this subchapter: |
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(1) a reference in Chapter 351, Tax Code, to a |
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municipality is a reference to the district and a reference in |
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Chapter 351, Tax Code, to the municipality's officers or governing |
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body is a reference to the board; |
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(2) a reference in Chapter 352, Tax Code, to a county |
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is a reference to the district; and |
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(3) [(2)] a reference in Chapter 352, Tax Code, to the |
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commissioners court is a reference to the board. |
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SECTION 10. Section 3971.0703(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) The district may not impose a hotel occupancy tax unless |
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the city or the county consents to the imposition. |
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SECTION 11. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 12. (a) The following are validated and confirmed |
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in all respects: |
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(1) the creation of the SH130 Municipal Management |
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District No. 1; and |
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(2) any act or proceeding of the district, including |
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an election, not excepted by this section and taken not more than |
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three years before the effective date of this Act, effective as of |
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the date on which the act or proceeding occurred. |
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(b) This section does not apply to: |
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(1) an act, proceeding, director, other official, |
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bond, or other obligation the validity of which or of whom is the |
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subject of litigation that is pending on the effective date of this |
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Act; or |
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(2) an act or proceeding that, under a statute of this |
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state or the United States, was a misdemeanor or felony at the time |
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the act or proceeding occurred. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |
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* * * * * |