Bill Text: TX HB3832 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
  82R7361 NAJ-F
 
  By: Isaac H.B. No. 3832
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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"), [and] the project
  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 works, projects, improvements,
  and services that are to be promoted, facilitated, and accomplished
  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 Act will provide a substantial and
  continuing public use and benefit [and the acquisition or financing
  of the project 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 the general laws
  relating to conservation and reclamation districts created under
  Section 59, Article XVI, Texas Constitution, including Chapters 49
  and 54, Water Code.
         (b)  The rights, powers, privileges, authority, functions,
  and duties include, [including] but are not limited to:
               (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
  375.201-375.204, Local Government Code. To 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;
               (6)  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 [water control and improvement
  district which are not specifically contradicted by Chapter 383,
  Local Government Code]; [and]
               (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 Chapters 49 and 54, Water
  Code, which are not contrary to [any provisions of] this Act, to
  finance, construct, or 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 [the] hotel, a
  residential area of a development, a nature trail, a commercial
  activity or endeavor, a [the] golf course, [the] water, sewer,
  drainage, and road improvements, [the] organizational costs, and
  [the] costs of issuance of the obligations of the district; and
               (10)  to purchase a right-of-way.
         SECTION 3.  Chapter 1503, Acts of the 77th Legislature,
  Regular Session, 2001, is amended by adding Sections 5A, 5B, 5C, 5D,
  5E, and 5F to read as follows:
         Sec. 5A.  IMPROVEMENT PROJECTS. (a) 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)  a supply and distribution facility or system to
  provide potable and nonpotable water to the residents and
  businesses of the district, including a wastewater collection
  facility;
               (2)  a paved road or street, inside and outside the
  district, to the extent authorized by Section 52, Article III,
  Texas Constitution;
               (3)  the planning, design, construction, improvement,
  and maintenance of:
                     (A)  landscaping;
                     (B)  highway right-of-way or transit corridor
  beautification and improvement;
                     (C)  lighting, banners, and signs;
                     (D)  a street or sidewalk;
                     (E)  a hiking and cycling path or trail;
                     (F)  a pedestrian walkway, skywalk, crosswalk, or
  tunnel;
                     (G)  a park, lake, garden, recreational facility,
  sports facility, golf course, open space, scenic area, or related
  exhibit or preserve;
                     (H)  a fountain, plaza, or pedestrian mall; or
                     (I)  a drainage or storm-water detention
  improvement;
               (4)  protection and improvement of the quality of storm
  water that flows through the district;
               (5)  the planning, design, construction, improvement,
  maintenance, and operation of:
                     (A)  a water or sewer facility; or
                     (B)  an off-street parking facility or heliport;
               (6)  the planning and acquisition of:
                     (A)  public art and sculpture and related exhibits
  and facilities; or
                     (B)  an educational and cultural exhibit or
  facility;
               (7)  the planning, design, construction, acquisition,
  lease, rental, improvement, maintenance, installation, and
  management of and provision of furnishings for a facility for:
                     (A)  a conference, convention, or exhibition;
                     (B)  a manufacturer, consumer, or trade show;
                     (C)  a civic, community, or institutional event;
  or
                     (D)  an exhibit, display, attraction, special
  event, or seasonal or cultural celebration or holiday;
               (8)  the removal, razing, demolition, or clearing of
  land or improvements in connection with an improvement project;
               (9)  the acquisition and improvement of land or other
  property for the mitigation of the environmental effects of an
  improvement project;
               (10)  the acquisition of property or an interest in
  property in connection with an authorized improvement project;
               (11)  a special or supplemental service for the
  improvement and promotion of the district or an area adjacent to the
  district or for the protection of public health and safety in or
  adjacent to the district, including:
                     (A)  advertising;
                     (B)  promotion;
                     (C)  tourism;
                     (D)  health and sanitation;
                     (E)  public safety;
                     (F)  security;
                     (G)  fire protection or emergency medical
  services;
                     (H)  business recruitment;
                     (I)  development;
                     (J)  elimination of traffic congestion; and
                     (K)  recreational, educational, or cultural
  improvements, enhancements, and services; or
               (12)  any similar public improvement, facility, or
  service, including a public improvement, facility, or service
  normally provided by a municipal utility district or municipal
  management district.
         (b)  The district may undertake:
               (1)  the project approved by the Hays County
  Commissioners Court on January 11, 2000, wholly or partly; or
               (2)  an improvement project under this section that the
  board determines is necessary to accomplish a public purpose of the
  district.
         Sec. 5B.  CONTRACT POWERS. (a) The district may contract
  with any person to accomplish a district purpose, including to:
               (1)  pay a person for any costs incurred by that person
  on behalf of the district, including all or part of the costs of an
  improvement project, and any interest on those costs; and
               (2)  use, occupy, lease, rent, operate, maintain, or
  manage all or part of an improvement project.
         (b)  The district may apply for and contract with any person
  to receive, administer, and perform a district duty under a
  federal, state, local, or private gift, grant, loan, conveyance,
  transfer, bequest, or other financial assistance arrangement
  relating to the investigation, planning, analysis, study, design,
  acquisition, construction, improvement, completion,
  implementation, or operation by the district or other entity of an
  improvement project.
         (c)  The district may contract with any person to carry out a
  district purpose on the terms and for a period determined by the
  board.
         (d)  A person may contract with the district to carry out a
  district purpose without further statutory or other authorization.
         Sec. 5C.  RULES; ENFORCEMENT. (a) The district may adopt
  rules:
               (1)  to administer or operate the district;
               (2)  for the use, enjoyment, availability, protection,
  security, and maintenance of the district's property, including
  facilities; or
               (3)  to provide for public safety and security in the
  district.
         (b)  The district may enforce its rules by injunctive relief.
         Sec. 5D.  CONFLICT WITH MUNICIPAL RULE, ORDER, OR ORDINANCE.  
  To the extent a district rule conflicts with a rule, order, or
  ordinance of a municipality, the municipal rule, order, or
  ordinance controls.
         Sec. 5E.  USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA OR
  FACILITY OF DISTRICT. (a) The board by rule may regulate the
  private use of a public roadway, open space, park, sidewalk, or
  similar public area or facility in the district. A rule may provide
  for the safe and orderly use of public roadways, open spaces, parks,
  sidewalks, and similar public areas or facilities.
         (b)  The board may require a permit for a parade,
  demonstration, celebration, entertainment event, or similar
  nongovernmental activity in or on a public roadway, open space,
  park, sidewalk, or similar public area or facility in the district.
  The board may charge a fee for the permit application or for public
  safety or security services for those facilities in an amount the
  board considers necessary.
         (c)  The board may require a permit or franchise agreement
  with a vendor, concessionaire, exhibitor, or similar private or
  commercial person or organization for the limited use of the area or
  facility in the district on terms and on payment of a permit or
  franchise fee the board may impose.
         Sec. 5F.  BONDS NOT SUBJECT TO JURISDICTION OR SUPERVISION
  OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY OR MUNICIPALITY. (a)  
  The district's bonds and other securities are not subject to the
  jurisdiction or supervision of the Texas Commission on
  Environmental Quality under Chapter 49, Water Code, Chapter 375,
  Local Government Code, or any other law.
         (b)  Sections 375.207 and 375.208, Local Government Code, do
  not apply to the district.
         SECTION 4.  Sections 7(a) and (b), Chapter 1503, Acts of the
  77th Legislature, Regular Session, 2001, are amended to read as
  follows:
         (a)  The district shall [continue to] operate
  administratively as a municipal utility [county development]
  district and, subject to this Act [the provisions hereinafter set
  forth], comply with Subchapters C and D, Chapter 49, Water Code, and
  Subchapter C, Chapter 54, Water Code [383, Local Government Code].
         (b)  Each director who takes office after the effective date
  of the [this] Act of the 82nd Legislature, Regular Session, 2011,
  amending this section shall:
               (1)  own land in [within the boundaries of] the
  district; or
               (2)  be a qualified voter in the district.
         SECTION 5.  Section 8, Chapter 1503, Acts of the 77th
  Legislature, Regular Session, 2001, is amended to read as follows:
         Sec. 8.  LEGISLATIVE FINDINGS.  [The legislature finds that
  the principal function of the district is to provide for
  development and operation of the project, to facilitate economic
  development, and to attract visitors and tourists, which will
  result in employment and economic activity in Hays County.] The
  legislature finds that the district may provide water and sewer,
  landscaping, drainage, and reclamation services to residential
  retail or commercial customers or entertainment venues. The
  district is a district described in Section 49.181(h)(4), Water
  Code.
         SECTION 6.  Section 7(e), Acts of the 77th Legislature,
  Regular Session, 2001, is repealed.
         SECTION 7.  An election to confirm a person who is a member
  of the board of directors of the Hays County Development District
  No. 1 as of May 1, 2011, is not required.
         SECTION 8.  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 9.  (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 10.  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.
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