84R13367 KJE-F
	By: Dutton	H.B. No. 2343
	Substitute the following for H.B. No. 2343:
	By:  Fallon	C.S.H.B. No. 2343

	A BILL TO BE ENTITLED
	AN ACT
	relating to the Generation Park Management District.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 3916.002, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3916.002.  CREATION AND NATURE OF DISTRICT; IMMUNITY.
	(a) The Generation Park Management District is a special district
	created under Section 59, Article XVI, Texas Constitution.
	(b)  The district is a governmental unit under Chapter 101,
	Civil Practice and Remedies Code, and the operations of the
	district are essential government functions and are not proprietary
	functions for any purpose, including the application of Chapter
	101, Civil Practice and Remedies Code.
	(c)  This chapter does not waive any governmental or
	sovereign immunity from suit, liability, or judgment applicable to
	the district.
	SECTION 2.  Section 3916.006, Special District Local Laws
	Code, is amended by amending Subsection (d) and adding Subsection
	(f) to read as follows:
	(d)  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 and business center;
	(3)  promote the health, safety, welfare, and enjoyment
	of the public by providing pedestrian ways, road facilities,
	transit facilities, parking facilities, conduit facilities, rail
	facilities and other enhanced infrastructure, [and] recreational
	facilities, and public art and by landscaping and developing
	certain areas, which are necessary for the restoration,
	preservation, and enhancement of scenic and aesthetic beauty; and
	(4)  provide for water, wastewater, and drainage[,
	road, rail, and recreational] facilities for the district.
	(f)  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.
	SECTION 3.  Section 3916.008, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3916.008.  ELIGIBILITY FOR INCLUSION IN SPECIAL
	ZONES.  All or any part of the area of the district is eligible to
	be included in one or more of the following:
	(1)  a tax increment reinvestment zone created under
	Chapter 311, Tax Code;
	(2)  a tax abatement reinvestment zone created under
	Chapter 312, Tax Code;
	(3)  an enterprise zone created under Chapter 2303,
	Government Code;
	(4)  a foreign trade zone created under Chapter 681,
	Business & Commerce Code; or
	(5)  an industrial district created under Chapter 42,
	Local Government Code.
	SECTION 4.  Section 3916.011, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3916.011.  CONFLICTS OF LAW.  This chapter prevails
	over any provision of general law, including a provision of Chapter
	375, Local Government Code, or Chapter 49, Water Code, that is in
	conflict or inconsistent with this chapter.
	SECTION 5.  Subchapter B, Chapter 3916, Special District
	Local Laws Code, is amended by adding Section 3916.054 to read as
	follows:
	Sec. 3916.054.  DISQUALIFICATION OF DIRECTORS. Section
	49.052, Water Code, applies to the district.
	SECTION 6.  Section 3916.103, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3916.103.  RECREATIONAL FACILITIES.  The district may
	develop or finance recreational facilities as authorized by Chapter
	375, Local Government Code, Sections 52 and 52-a, Article III,
	Texas Constitution, Section 59, Article XVI, Texas Constitution,
	and any other law that applies to the district.
	SECTION 7.  Section 3916.104, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3916.104.  AUTHORITY FOR ROAD PROJECTS.  Under Section
	52, Article III, Texas Constitution, the district may own, operate,
	maintain, design, acquire, construct, finance, issue bonds, notes,
	or other obligations for, and improve[, and convey to this state, a
	county, or a municipality for operation and maintenance]
	macadamized, graveled, or paved roads or improvements, including
	storm drainage and other improvements located in or adjacent to
	road rights-of-way, in aid of those roads.
	SECTION 8.  Sections 3916.105(a) and (b), Special District
	Local Laws Code, are amended to read as follows:
	(a)  The district may [shall] convey a road project
	authorized by Section 3916.104 to:
	(1)  the municipality or county that will operate and
	maintain the road if the municipality or county has approved the
	plans and specifications of the road project; or
	(2)  the state if the state will operate and maintain
	the road and the Texas Transportation Commission has approved the
	plans and specifications of the road project.
	(b)  Except as provided by Subsection (c), the district shall
	operate and maintain a road project authorized by Section 3916.104
	that the district implements and does [is] not convey to [approved
	by] a municipality, a county, or this state under Subsection (a).
	SECTION 9.  Section 3916.110, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3916.110.  LAW ENFORCEMENT SERVICES. Section 49.216,
	Water Code, applies to the district [To protect the public
	interest, the district may contract with a qualified party,
	including the county or the city, to provide law enforcement
	services in the district for a separate fee or as otherwise provided
	by the contract].
	SECTION 10.  Section 3916.116(a), Special District Local
	Laws Code, is amended to read as follows:
	(a)  Subchapter I, Chapter 49, Water Code, applies to a
	district contract for construction work, equipment, materials, or
	machinery. Notwithstanding the limitations and requirements of
	Sections 2269.003(a) and 2269.352, Government Code, the [The]
	district may use any [a] project delivery method described by
	Subchapter I, Chapter 49, Water Code, or Chapter 2269 [2267],
	Government Code, including a delivery method described by
	Subchapter H, Chapter 2269, Government Code.
	SECTION 11.  Subchapter C, Chapter 3916, Special District
	Local Laws Code, is amended by adding Section 3916.119 to read as
	follows:
	Sec. 3916.119.  FIREFIGHTING AND EMERGENCY MEDICAL
	SERVICES. (a) Subchapter L, Chapter 49, Water Code, applies to the
	district.
	(b)  Except as provided in Subsection (c) and subject to
	Subsection (d), the district has the same rights and powers as a
	municipality annexing territory in a district that provides
	firefighting or emergency medical services to cause all or part of
	the territory in the district to be removed from a district
	providing firefighting or emergency medical services.
	(c)  The district may cause the removal of territory under
	Subsection (b) whether or not that territory was originally
	included in or subsequently annexed into the district.
	(d)  The district's right to cause the removal of territory
	under this section shall be subject to a mutually satisfactory
	agreement under Chapter 791, Government Code, or other applicable
	law, between the district and a district that provides firefighting
	or emergency medical services from which the territory will be
	removed, which may include terms for the payment of funds from
	current revenues of the district for the continued provision of
	firefighting or emergency medical services or such other lawful
	terms that the parties consider appropriate.
	(e)  The removal of territory under this section does not
	diminish or impair the rights of the holders of any outstanding and
	unpaid bonds, warrants, or other obligations, including loans and
	lease-purchase agreements, of the district from which the territory
	was removed.
	SECTION 12.  Section 3916.153, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3916.153.  RULES.  (a) The district has the general
	power and duty to adopt and enforce rules as provided by Section
	375.096(c), Local Government Code.
	(b)  The district may adopt and enforce rules covering its
	public transit system or its public parking facilities, except that
	a rule relating to or affecting the use of the public right-of-way
	or a requirement for off-street parking is subject to
	all  applicable county requirements.
	SECTION 13.  Section 3916.351, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3916.351.  DISSOLUTION OF DISTRICT [WITH OUTSTANDING
	DEBT]. Notwithstanding Section 375.263(b), Local Government Code,
	on dissolution of the district, the board shall determine whether
	the district's assets will escheat to the state or are transferred
	to a political subdivision of the state. [(a) The board may dissolve
	the district regardless of whether the district has debt. Section
	375.264, Local Government Code, does not apply to the district.
	[(b)     If the district has debt when it is dissolved, the
	district shall remain in existence solely for the purpose of
	discharging its debts. The dissolution is effective when all debts
	have been discharged.]
	SECTION 14.  The change in law made by Section 3916.054,
	Special District Local Laws Code, as added by this Act, does not
	affect the entitlement of a member serving on the board of directors
	of the Generation Park Management District immediately before the
	effective date of this Act to continue to carry out the board's
	functions for the remainder of the member's term. The change in law
	applies only to a member elected on or after the effective date of
	this Act.
	SECTION 15.  (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, the
	lieutenant governor, and the 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 16.  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, 2015.