Bill Text: TX SB2553 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the creation of the Save Historic Muny District; providing authority to issue bonds; providing authority to impose fees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2019-06-14 - Effective immediately [SB2553 Detail]

Download: Texas-2019-SB2553-Enrolled.html
 
 
  S.B. No. 2553
 
 
 
 
AN ACT
  relating to the creation of the Save Historic Muny District;
  providing authority to issue bonds; providing authority to impose
  fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3988 to read as follows:
  CHAPTER 3988. SAVE HISTORIC MUNY DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         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
  purpose of the district is to preserve the 141.35 acres of land used
  for the historic Lions Municipal Golf Course in Austin as a public
  golf course, publicly available parkland, or a combination of those
  uses.
         (b)  This chapter does not preclude, and is not intended by
  any language contained herein to preclude, preservation of the
  historic Lions Municipal Golf Course in Austin in its current
  141.35 acre imprint as an 18-hole public golf course, practice
  facilities, and land related to the course.
         (c)  This chapter does not require a person to:
               (1)  sell or otherwise convey real property to the
  district or the city; or
               (2)  enter into an agreement with the district.
         (d)  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.
         (e)  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
  Constitution.
         (f)  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.
         Sec. 3988.0104.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (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
  benefit.
         (c)  The district will provide infrastructure necessary or
  desirable for the use of the land preserved in accordance with the
  purpose of the district.
         (d)  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 a fee; or
               (4)  legality or operation.
         Sec. 3988.0106.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  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.
  SUBCHAPTER B. BOARD OF DIRECTORS
         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.
         Sec. 3988.0203.  APPOINTING COMMITTEE; INITIAL DIRECTORS.
  (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
  Department;
               (2)  the executive director of the Texas Historical
  Commission;
               (3)  the executive director of the Texas State
  Preservation Board;
               (4)  the mayor of the city;
               (5)  the Texas director of the Nature Conservancy;
               (6)  the executive director of Preservation Texas; and 
               (7)  the executive director of the Texas Golf Hall of
  Fame.
         (b)  The appointing committee shall solicit applications for
  initial board member positions from residents of the district and
  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 initial directors
  shall draw lots to determine which directors serve four-year terms
  and which serve two-year terms.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3988.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purpose for
  which the district is created.
         Sec. 3988.0302.  IMPROVEMENT PROJECTS AND SERVICES.
  (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 a contract 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.  The
  district may not enter into a contract described by this subsection
  unless the district enters into an agreement before May 31, 2021,
  with the owner of the land used for the historic Lions Municipal
  Golf Course that provides for the purchase of the land or a method
  of preserving the land as a public golf course, publicly available
  parkland, or a combination of those uses.
         Sec. 3988.0303.  GIFTS, GRANTS, DONATIONS. The district may
  accept a gift, grant, or donation from a public or private source
  for the purposes of carrying out the district purpose under this
  chapter.
         Sec. 3988.0304.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
  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 the district purpose.
         Sec. 3988.0306.  ELECTION TO APPROVE CONTRACT FEE. (a)  The
  district may not enter into a contract with the city for the
  imposition of a fee, as described by Section 3988.0302(d), unless
  the imposition of the fee is approved at an election by a majority
  of the qualified voters of the district voting at an election called
  for that purpose.
         (b)  The resolution ordering the election and the notice of
  the election must describe the proposed project for which the fee
  revenue will be used.  The description must include:
               (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 fee revenue
  anticipated 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 proposed
  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 ballot proposition must also
  contain the information described by Subsections (b)(2), (3), and
  (4).
         (d)  If the ballot proposition is approved, the district may
  not exceed any limitations imposed on the project by the resolution
  ordering the election with respect to the area, nature, or amount of
  fee revenue 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
  project.
         (e)  If a majority of the voters voting at the election do not
  approve the ballot proposition, the district may not call a
  subsequent election under this section on the imposition of a fee
  for the same proposed project before the first anniversary of the
  date of the most recent election held under this section on the
  imposition of a fee for the same proposed project.
         Sec. 3988.0307.  OTHER CHARGES. (a)  The district may
  charge rates, fares, charges, rents, or other fees or compensation
  for the use of the improvements constructed, operated, or
  maintained by the district only for the purpose of the district.
         (b)  The district may not impose an impact or standby fee.
         Sec. 3988.0308.  CERTAIN RESIDENTIAL PROPERTY. Section
  375.161, Local Government Code, does not apply to the district.
         Sec. 3988.0309.  NO ASSESSMENTS OR TAXES. The district may
  not impose an assessment or tax.
         Sec. 3988.0310.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER I. DISSOLUTION
         Sec. 3988.0901.  DISSOLUTION. Except as limited by Section
  375.264, Local Government Code, the board shall dissolve the
  district not later than May 31, 2021, unless, as of that date, the
  district has entered into an agreement with the owner of the land
  used for the historic Lions Municipal Golf Course that provides for
  the purchase of the land or a method of preserving the land as a
  public golf course, publicly available parkland, or a combination
  of those uses.
         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
  North 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.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2553 passed the Senate on
  May 8, 2019, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendment on May 25, 2019, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2553 passed the House, with
  amendment, on May 22, 2019, by the following vote: Yeas 104,
  Nays 38, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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