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: (Passed) 2019-06-14 - Effective immediately [SB2553 Detail]
Download: Texas-2019-SB2553-Enrolled.html
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 | ||
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 |