Bill Text: TX HB2259 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the Driftwood Economic Development Municipal Management District; removing conditions to imposing a tax on residential property; providing authority to issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-19 - See remarks for effective date [HB2259 Detail]
Download: Texas-2015-HB2259-Enrolled.html
H.B. No. 2259 |
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relating to the Driftwood Economic Development Municipal | ||
Management District; removing conditions to imposing a tax on | ||
residential property; providing authority to issue bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 3858.052, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 3858.052. APPOINTMENT OF DIRECTORS. The board | ||
consists of the following directors: | ||
(1) Position 1: a person appointed by the | ||
commissioners court; | ||
(2) Position 2: a person appointed by the | ||
commissioners court; | ||
(3) Position 3: a person appointed by the city | ||
council; | ||
(4) Position 4: a person appointed by the city | ||
council; and | ||
(5) Position 5: a person appointed by the | ||
commissioners court, who must be the individual, the designee of | ||
the individual, or the designee of the entity that [ |
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property in the district than any other individual or entity, | ||
except that if the commissioners court is unable to identify a | ||
qualified person [ |
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to serve, the commissioners court shall appoint to the place a | ||
person who is: | ||
(A) at least 18 years old; and | ||
(B) a resident of this state. | ||
SECTION 2. Subchapter B, Chapter 3858, Special District | ||
Local Laws Code, is amended by adding Section 3858.057 to read as | ||
follows: | ||
Sec. 3858.057. QUALIFICATIONS OF DIRECTORS; PARTICIPATION | ||
IN VOTING. (a) Sections 375.063 and 375.072, Local Government | ||
Code, do not apply to a director. | ||
(b) An official or employee of a public entity may serve on | ||
the board. The common law doctrine of incompatibility does not | ||
disqualify an official or employee of a public entity from serving | ||
as a director. | ||
(c) A person appointed to serve on the board under this | ||
chapter 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. | ||
(d) A director may participate in discussion and vote on an | ||
action even 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. | ||
SECTION 3. Section 3858.102(a), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(a) The district may provide, or it may enter into contracts | ||
with a governmental or private entity to provide, the following | ||
types of improvement projects or services or activities in support | ||
of or incidental to those projects or services: | ||
(1) the planning, design, construction, improvement, | ||
operation, and maintenance of: | ||
(A) irrigation facilities and landscaping; | ||
(B) highway right-of-way or transit corridor | ||
beautification and improvement; | ||
(C) lighting, banners, and signs; | ||
(D) a street or sidewalk; | ||
(E) a hiking or cycling path or trail; | ||
(F) a park, lake, garden, recreational facility, | ||
sports facility, open space, scenic area, animal habitat, or | ||
related exhibit or preserve; | ||
(G) a fountain, plaza, or pedestrian mall; | ||
(H) a drainage or storm-water detention | ||
improvement; | ||
(I) a wastewater treatment and disposal | ||
facility; | ||
(J) water, wastewater, or drainage facilities or | ||
services; | ||
(K) a water quality protection facility; | ||
(L) [ |
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recharge, including a rainwater collection and harvesting system; | ||
(M) [ |
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(N) [ |
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including garbage collection, recycling, and composting; | ||
(2) the planning, design, construction, acquisition, | ||
lease, rental, improvement, maintenance, installation, and | ||
management of and provision of furnishings for a facility for: | ||
(A) a conference, convention, or exhibition; | ||
(B) a manufacturer, consumer, or trade show; | ||
(C) a civic, community, or institutional event; | ||
or | ||
(D) an exhibit, display, attraction, special | ||
event, or seasonal or cultural celebration or holiday; or | ||
(3) a special or supplemental service for the | ||
improvement and promotion of the district or for the protection of | ||
public health and safety in the district, including: | ||
(A) advertising; | ||
(B) promotion; | ||
(C) tourism; | ||
(D) health and sanitation; | ||
(E) public safety; | ||
(F) security; | ||
(G) fire protection or emergency medical | ||
services; | ||
(H) business recruitment; | ||
(I) development; | ||
(J) elimination of traffic congestion; | ||
(K) recreational, educational, or cultural | ||
improvements, enhancements, and services; [ |
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(L) water, wastewater, or drainage facilities or | ||
services; or | ||
(M) any similar public improvement, facility, or | ||
service. | ||
SECTION 4. Subchapter C, Chapter 3858, Special District | ||
Local Laws Code, is amended by adding Section 3858.1025 to read as | ||
follows: | ||
Sec. 3858.1025. ECONOMIC DEVELOPMENT. (a) The district may | ||
engage in activities that accomplish the economic development | ||
purposes of the district. | ||
(b) The district may 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: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(c) The district may create economic development programs | ||
and exercise the economic development powers that Chapter 380, | ||
Local Government Code, provides to a municipality. | ||
SECTION 5. Section 3858.104(a), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(a) The district may adopt and enforce rules: | ||
(1) to administer or operate the district or any | ||
service provided by the district; | ||
(2) for the use, enjoyment, availability, protection, | ||
security, and maintenance of the district's property and | ||
facilities; or | ||
(3) to provide for public safety and security in the | ||
district. | ||
SECTION 6. Subchapter D, Chapter 3858, Special District | ||
Local Laws Code, is amended by adding Sections 3858.1521 and | ||
3858.1522 to read as follows: | ||
Sec. 3858.1521. BONDS AND OTHER OBLIGATIONS. (a) The | ||
district may issue bonds, notes, or other obligations payable | ||
wholly or partly from ad valorem taxes, assessments, impact fees, | ||
revenue, contract payments, grants, or other district money for any | ||
purpose authorized by this chapter. | ||
(b) Notwithstanding Subsection (a), ad valorem taxes may be | ||
pledged only to pay bonds, notes, or other obligations that are | ||
issued by the district for purposes authorized under Sections 52 | ||
and 52-a, Article III, or Section 59, Article XVI, Texas | ||
Constitution. | ||
Sec. 3858.1522. ELECTIONS REGARDING BONDS. (a) The | ||
district may issue, without an election, bonds and other | ||
obligations secured by revenue from any source other than ad | ||
valorem taxes. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may issue bonds payable from ad valorem taxes. | ||
SECTION 7. Section 3858.152, Special District Local Laws | ||
Code, is repealed. | ||
SECTION 8. (a) Section 3858.153(c), Special District Local | ||
Laws Code, is repealed. | ||
(b) This section takes effect January 1, 2016. | ||
SECTION 9. The repeal by this Act of Section 3858.153(c), | ||
Special District Local Laws Code, applies only to ad valorem taxes | ||
that are imposed for an ad valorem tax year that begins on or after | ||
January 1, 2016. | ||
SECTION 10. (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 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 are fulfilled | ||
and accomplished. | ||
SECTION 11. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2259 was passed by the House on May | ||
15, 2015, by the following vote: Yeas 134, Nays 5, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2259 on May 29, 2015, by the following vote: Yeas 141, Nays 5, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2259 was passed by the Senate, with | ||
amendments, on May 27, 2015, by the following vote: Yeas 28, Nays | ||
3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |