Bill Text: TX SB2553 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2019-06-14 - Effective immediately [SB2553 Detail]
Download: Texas-2019-SB2553-Introduced.html
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: (Passed) 2019-06-14 - Effective immediately [SB2553 Detail]
Download: Texas-2019-SB2553-Introduced.html
By: Watson | S.B. No. 2553 | |
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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 | ||
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 | ||
Constitution. | ||
(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. | ||
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: | ||
(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 | ||
center; | ||
(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; | ||
and | ||
(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. | ||
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. | ||
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. | ||
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 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. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
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. | ||
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 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 | ||
district. | ||
Sec. 3988.0303. 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 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 | ||
project. | ||
(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 | ||
years. | ||
(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. |