Bill Text: TX HB3832 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the Hays County Development District No. 1.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-20 - Comm. report sent to Local & Consent Calendar [HB3832 Detail]
Download: Texas-2011-HB3832-Comm_Sub.html
82R27611 NAJ-F | |||
By: Isaac | H.B. No. 3832 | ||
Substitute the following for H.B. No. 3832: | |||
By: Smith of Harris | C.S.H.B. No. 3832 |
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relating to the Hays County Development District No. 1. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1, Chapter 1503, Acts of the 77th | ||
Legislature, Regular Session, 2001, is amended by amending | ||
Subsections (a) and (c) and adding Subsection (d) to read as | ||
follows: | ||
(a) The legislature finds that the creation of Hays County | ||
Development District No. 1 (the "district"), [ |
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approved by the Hays County Commissioners Court on January 11, 2000 | ||
(the "project"), and other improvement projects described by | ||
Section 5A will serve the public purpose of attracting visitors and | ||
tourists to Hays County and will result in employment and economic | ||
activity in the manner contemplated by Section 52-a, Article III, | ||
Texas Constitution, and Chapter 383, Local Government Code. | ||
(c) The legislature further finds that the creation and | ||
operation of the district and the acquisition or financing of the | ||
project or an improvement project described by Section 5A by the | ||
district serve the purpose of Section 59, Article XVI, and Section | ||
52, Article III, Texas Constitution, and that all steps necessary | ||
to create the district have been taken. | ||
(d) The legislature further finds that the creation and | ||
continued operation 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 Act. | ||
SECTION 2. Section 5, Chapter 1503, Acts of the 77th | ||
Legislature, Regular Session, 2001, is amended to read as follows: | ||
Sec. 5. POWERS. (a) The district has all of the rights, | ||
powers, privileges, authority, functions, and duties provided by | ||
Chapters 375 and 383, Local Government Code, to county development | ||
districts and municipal management districts and by Chapters 49 and | ||
54, Water Code, to municipal utility districts. | ||
(b) The district's rights, powers, privileges, authority, | ||
functions, and duties include, [ |
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(1) the authority to levy, assess, and collect ad | ||
valorem taxes for the purposes approved at the elections conducted | ||
on November 7, 2000; | ||
(2) the authority, after approval by voters at an | ||
election conducted within the boundaries of the district, to levy, | ||
assess and collect taxes for maintenance and operating purposes in | ||
the manner set forth in Sections 49.107(a)-(e), Water Code, and for | ||
the repayment of bonds, notes, warrants, lease purchase agreements, | ||
certificates of assessment, certificates of participation in lease | ||
purchase agreements, and other interest-bearing obligations in the | ||
manner set forth in Sections 49.106(a)-(d), Water Code, and for all | ||
of the purposes for which the district may expend funds; | ||
(3) to establish, levy, and collect special | ||
assessments in the manner specified in Sections 375.111-375.124, | ||
Local Government Code; provided, however, that Sections | ||
375.161-375.163, Local Government Code, shall not apply to the | ||
assessments imposed by the district; | ||
(4) to utilize funds, whether the funds are derived | ||
from ad valorem taxes, sales and use taxes, hotel occupancy taxes, | ||
assessments, revenues from the project, or any other source, for | ||
payment of projects or services in the manner authorized by | ||
Section 375.181, Local Government Code, Chapter 54, Water Code, and | ||
Chapter 383, Local Government Code; | ||
(5) to enter into obligations, including, but not | ||
limited to, lease purchase agreements, certificates of | ||
participation in lease purchase agreements, general obligation | ||
bonds and notes and revenue bonds and notes, and combination | ||
general obligation and revenue bonds and notes and other | ||
interest-bearing obligations, in the manner specified in Sections | ||
375.201-375.205 [ |
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enter into these obligations, the district shall obtain only those | ||
approvals required for the issuance of obligations by Hays County | ||
by Chapter 53, Acts of the 70th Legislature, Second Called Session, | ||
1987, and the approval of the attorney general; | ||
(6) except as provided by Sections 5B and 5C, to adopt | ||
the powers of a road district under Section 52(b)(3), Article III, | ||
Texas Constitution, in the manner specified in Sections 53.029(c) | ||
and (d), Water Code; | ||
(7) to levy, assess, and collect ad valorem taxes to | ||
make payments on a contract under Sections 49.108(a)-(d), Water | ||
Code, after obtaining those approvals specified in Section 1, | ||
Chapter 778, Acts of the 74th Legislature, Regular Session, 1995; | ||
(8) to exercise all of the rights, powers, and | ||
authority of a road district, a municipal management district, and | ||
a municipal utility district [ |
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(9) to exercise all of the rights, powers, and | ||
authority granted to the district by this Act, and all of the | ||
rights, powers, and authority granted to the district by Chapters | ||
383 and 375, Local Government Code, and to a municipal utility | ||
district by Chapters 49 and 54, Water Code, which are not contrary | ||
to [ |
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otherwise acquire an improvement project described by Section 5A or | ||
the project or any element of the project identified in the | ||
Commissioners Court Order Upon Hearing and Granting Petition | ||
Requesting the Creation of Hays County Development District No. 1 | ||
and Appointing Temporary Directors dated January 11, 2000, | ||
including, but not limited to, a [ |
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a development, a trail or related feature, a commercial activity or | ||
endeavor, a [ |
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road improvements, [ |
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issuance of the obligations of the district. | ||
SECTION 3. Chapter 1503, Acts of the 77th Legislature, | ||
Regular Session, 2001, is amended by adding Sections 5A, 5B, 5C, 5D, | ||
and 5E to read as follows: | ||
Sec. 5A. IMPROVEMENT PROJECTS. The district may provide, | ||
or it may contract with a governmental or private entity to provide, | ||
the following types of improvement projects or activities in | ||
support of or incidental to those projects: | ||
(1) the project approved by the Hays County | ||
Commissioners Court on January 11, 2000, wholly or partly; or | ||
(2) a public improvement, facility, or service | ||
provided by a municipal utility district or municipal management | ||
district. | ||
Sec. 5B. ROAD DISTRICT POWERS; BALLOT. If the district | ||
adopts the powers described by Section 5(b)(6), a ballot authorized | ||
by Section 53.029(c), Water Code, must reference the "Hays County | ||
Development District No. 1." | ||
Sec. 5C. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
project must meet all applicable construction standards, zoning and | ||
subdivision requirements, and regulations of each municipality in | ||
whose corporate limits or extraterritorial jurisdiction the road | ||
project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 5D. LIMIT ON POWERS GRANTED BY OTHER SPECIAL DISTRICT | ||
LAWS. Except as provided by this Act, the rights, powers, and | ||
authority of a road district, county development district, | ||
municipal management district, or municipal utility district | ||
granted by this Act may be exercised only in the manner provided by: | ||
(1) Chapter 375, Local Government Code, to a municipal | ||
management district; | ||
(2) Chapter 383, Local Government Code, to a county | ||
development district; and | ||
(3) Chapters 49 and 54, Water Code, to a municipal | ||
utility district, including review and approval by the Texas | ||
Commission on Environmental Quality for water and wastewater | ||
improvements. | ||
Sec. 5E. LIMIT ON EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain outside the district and in | ||
the corporate limits or extraterritorial jurisdiction of a | ||
municipality unless the governing body of the municipality consents | ||
by ordinance or resolution. | ||
SECTION 4. Section 8, Chapter 1503, Acts of the 77th | ||
Legislature, Regular Session, 2001, is amended to read as follows: | ||
Sec. 8. LEGISLATIVE FINDINGS. [ |
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legislature finds that the district may provide water and sewer, | ||
landscaping, road, drainage, and reclamation services to | ||
residential retail or commercial customers in the district. Except | ||
for purposes of Section 49.052, Water Code, the [ |
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district described in Section 49.181(h)(4), Water Code. | ||
SECTION 5. Section 9, Chapter 1503, Acts of the 77th | ||
Legislature, Regular Session, 2001, is amended to read as follows: | ||
Sec. 9. ADDITION AND EXCLUSION OF LANDS. (a) Except as | ||
provided by Subsection (b), in [ |
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granted to the district by Section 383.084, Local Government Code, | ||
the district may add lands in the manner provided by Section 49.301, | ||
Water Code, and may exclude lands in the methods provided by | ||
Sections 49.303 through 49.308, Water Code. | ||
(b) Section 42.0425, Local Government Code, applies to the | ||
annexation of property in the extraterritorial jurisdiction of a | ||
municipality. | ||
SECTION 6. The legislature confirms and validates all | ||
actions of the Hays County Development District No. 1 that were | ||
taken before May 1, 2011, including any elections conducted by the | ||
district, including any election to impose maintenance and | ||
operation taxes or to adopt the powers of a road district. | ||
SECTION 7. (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 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. | ||
(c) 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 8. 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, 2011. |