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A BILL TO BE ENTITLED
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AN ACT
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relating to the Hays County Development District No. 1. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Chapter 1503, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by amending |
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Subsections (a) and (c) and adding Subsection (d) to read as |
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follows: |
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(a) The legislature finds that the creation of Hays County |
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Development District No. 1 (the "district"), [and] the project |
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approved by the Hays County Commissioners Court on January 11, 2000 |
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(the "project"), and other improvement projects described by |
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Section 5A will serve the public purpose of attracting visitors and |
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tourists to Hays County and will result in employment and economic |
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activity in the manner contemplated by Section 52-a, Article III, |
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Texas Constitution, and Chapter 383, Local Government Code. |
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(c) The legislature further finds that the creation and |
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operation of the district and the works, projects, improvements, |
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and services that are to be promoted, facilitated, and accomplished |
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by the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this Act will provide a substantial and |
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continuing public use and benefit [and the acquisition or financing
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of the project by the district serve the purpose of Section 59,
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Article XVI, and Section 52, Article III, Texas Constitution, and
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that all steps necessary to create the district have been taken]. |
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(d) The legislature further finds that the creation and |
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continued operation of the district is essential to accomplish the |
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purposes of Sections 52 and 52-a, Article III, and Section 59, |
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Article XVI, Texas Constitution, and other public purposes stated |
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in this Act. |
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SECTION 2. Section 5, Chapter 1503, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended to read as follows: |
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Sec. 5. POWERS. (a) The district has all of the rights, |
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powers, privileges, authority, functions, and duties provided by |
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Chapters 375 and 383, Local Government Code, to county development |
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districts and municipal management districts and the general laws |
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relating to conservation and reclamation districts created under |
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Section 59, Article XVI, Texas Constitution, including Chapters 49 |
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and 54, Water Code. |
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(b) The rights, powers, privileges, authority, functions, |
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and duties include, [including] but are not limited to: |
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(1) the authority to levy, assess, and collect ad |
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valorem taxes for the purposes approved at the elections conducted |
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on November 7, 2000; |
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(2) the authority[, after approval by voters at an
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election conducted within the boundaries of the district,] to levy, |
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assess and collect taxes for maintenance and operating purposes in |
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the manner set forth in Sections 49.107(a)-(e), Water Code, and for |
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the repayment of bonds, notes, warrants, lease purchase agreements, |
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certificates of assessment, certificates of participation in lease |
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purchase agreements, and other interest-bearing obligations in the |
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manner set forth in Sections 49.106(a)-(d), Water Code, and for all |
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of the purposes for which the district may expend funds; |
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(3) to establish, levy, and collect special |
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assessments in the manner specified in Sections 375.111-375.124, |
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Local Government Code; provided, however, that Sections |
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375.161-375.163, Local Government Code, shall not apply to the |
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assessments imposed by the district; |
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(4) to utilize funds, whether the funds are derived |
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from ad valorem taxes, sales and use taxes, hotel occupancy taxes, |
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assessments, revenues from the project, or any other source, for |
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payment of projects or services in the manner authorized by |
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Section 375.181, Local Government Code, Chapter 54, Water Code, and |
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Chapter 383, Local Government Code; |
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(5) to enter into obligations, including, but not |
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limited to, lease purchase agreements, certificates of |
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participation in lease purchase agreements, general obligation |
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bonds and notes and revenue bonds and notes, and combination |
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general obligation and revenue bonds and notes and other |
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interest-bearing obligations, in the manner specified in Sections |
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375.201-375.204, Local Government Code. To enter into these |
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obligations, the district shall obtain only those approvals |
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required for the issuance of obligations by Hays County by Chapter |
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53, Acts of the 70th Legislature, Second Called Session, 1987; |
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(6) to adopt the powers of a road district under |
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Section 52(b)(3), Article III, Texas Constitution, in the manner |
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specified in Sections 53.029(c) and (d), Water Code; |
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(7) to levy, assess, and collect ad valorem taxes to |
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make payments on a contract under Sections 49.108(a)-(d), Water |
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Code, after obtaining those approvals specified in Section 1, |
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Chapter 778, Acts of the 74th Legislature, Regular Session, 1995; |
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(8) to exercise all of the rights, powers, and |
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authority of a road district, a municipal management district, and |
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a municipal utility district [water control and improvement
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district which are not specifically contradicted by Chapter 383,
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Local Government Code]; [and] |
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(9) to exercise all of the rights, powers, and |
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authority granted to the district by this Act, and all of the |
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rights, powers, and authority granted to the district by Chapters |
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383 and 375, Local Government Code, and Chapters 49 and 54, Water |
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Code, which are not contrary to [any provisions of] this Act, to |
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finance, construct, or otherwise acquire an improvement project |
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described by Section 5A or the project or any element of the project |
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identified in the Commissioners Court Order Upon Hearing and |
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Granting Petition Requesting the Creation of Hays County |
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Development District No. 1 and Appointing Temporary Directors dated |
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January 11, 2000, including, but not limited to, a [the] hotel, a |
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residential area of a development, a nature trail, a commercial |
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activity or endeavor, a [the] golf course, [the] water, sewer, |
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drainage, and road improvements, [the] organizational costs, and |
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[the] costs of issuance of the obligations of the district; and |
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(10) to purchase a right-of-way. |
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SECTION 3. Chapter 1503, Acts of the 77th Legislature, |
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Regular Session, 2001, is amended by adding Sections 5A, 5B, 5C, 5D, |
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5E, and 5F to read as follows: |
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Sec. 5A. IMPROVEMENT PROJECTS. (a) The district may |
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provide, or it may contract with a governmental or private entity to |
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provide, the following types of improvement projects or activities |
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in support of or incidental to those projects: |
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(1) a supply and distribution facility or system to |
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provide potable and nonpotable water to the residents and |
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businesses of the district, including a wastewater collection |
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facility; |
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(2) a paved road or street, inside and outside the |
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district, to the extent authorized by Section 52, Article III, |
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Texas Constitution; |
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(3) the planning, design, construction, improvement, |
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and maintenance of: |
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(A) landscaping; |
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(B) highway right-of-way or transit corridor |
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beautification and improvement; |
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(C) lighting, banners, and signs; |
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(D) a street or sidewalk; |
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(E) a hiking and cycling path or trail; |
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(F) a pedestrian walkway, skywalk, crosswalk, or |
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tunnel; |
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(G) a park, lake, garden, recreational facility, |
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sports facility, golf course, open space, scenic area, or related |
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exhibit or preserve; |
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(H) a fountain, plaza, or pedestrian mall; or |
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(I) a drainage or storm-water detention |
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improvement; |
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(4) protection and improvement of the quality of storm |
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water that flows through the district; |
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(5) the planning, design, construction, improvement, |
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maintenance, and operation of: |
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(A) a water or sewer facility; or |
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(B) an off-street parking facility or heliport; |
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(6) the planning and acquisition of: |
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(A) public art and sculpture and related exhibits |
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and facilities; or |
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(B) an educational and cultural exhibit or |
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facility; |
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(7) the planning, design, construction, acquisition, |
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lease, rental, improvement, maintenance, installation, and |
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management of and provision of furnishings for a facility for: |
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(A) a conference, convention, or exhibition; |
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(B) a manufacturer, consumer, or trade show; |
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(C) a civic, community, or institutional event; |
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or |
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(D) an exhibit, display, attraction, special |
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event, or seasonal or cultural celebration or holiday; |
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(8) the removal, razing, demolition, or clearing of |
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land or improvements in connection with an improvement project; |
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(9) the acquisition and improvement of land or other |
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property for the mitigation of the environmental effects of an |
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improvement project; |
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(10) the acquisition of property or an interest in |
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property in connection with an authorized improvement project; |
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(11) a special or supplemental service for the |
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improvement and promotion of the district or an area adjacent to the |
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district or for the protection of public health and safety in or |
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adjacent to the district, including: |
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(A) advertising; |
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(B) promotion; |
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(C) tourism; |
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(D) health and sanitation; |
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(E) public safety; |
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(F) security; |
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(G) fire protection or emergency medical |
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services; |
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(H) business recruitment; |
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(I) development; |
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(J) elimination of traffic congestion; and |
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(K) recreational, educational, or cultural |
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improvements, enhancements, and services; or |
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(12) any similar public improvement, facility, or |
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service, including a public improvement, facility, or service |
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normally provided by a municipal utility district or municipal |
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management district. |
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(b) The district may undertake: |
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(1) the project approved by the Hays County |
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Commissioners Court on January 11, 2000, wholly or partly; or |
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(2) an improvement project under this section that the |
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board determines is necessary to accomplish a public purpose of the |
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district. |
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Sec. 5B. CONTRACT POWERS. (a) The district may contract |
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with any person to accomplish a district purpose, including to: |
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(1) pay a person for any costs incurred by that person |
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on behalf of the district, including all or part of the costs of an |
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improvement project, and any interest on those costs; and |
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(2) use, occupy, lease, rent, operate, maintain, or |
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manage all or part of an improvement project. |
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(b) The district may apply for and contract with any person |
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to receive, administer, and perform a district duty under a |
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federal, state, local, or private gift, grant, loan, conveyance, |
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transfer, bequest, or other financial assistance arrangement |
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relating to the investigation, planning, analysis, study, design, |
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acquisition, construction, improvement, completion, |
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implementation, or operation by the district or other entity of an |
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improvement project. |
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(c) The district may contract with any person to carry out a |
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district purpose on the terms and for a period determined by the |
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board. |
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(d) A person may contract with the district to carry out a |
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district purpose without further statutory or other authorization. |
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Sec. 5C. RULES; ENFORCEMENT. (a) The district may adopt |
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rules: |
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(1) to administer or operate the district; |
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(2) for the use, enjoyment, availability, protection, |
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security, and maintenance of the district's property, including |
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facilities; or |
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(3) to provide for public safety and security in the |
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district. |
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(b) The district may enforce its rules by injunctive relief. |
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Sec. 5D. CONFLICT WITH MUNICIPAL RULE, ORDER, OR ORDINANCE. |
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To the extent a district rule conflicts with a rule, order, or |
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ordinance of a municipality, the municipal rule, order, or |
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ordinance controls. |
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Sec. 5E. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA OR |
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FACILITY OF DISTRICT. (a) The board by rule may regulate the |
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private use of a public roadway, open space, park, sidewalk, or |
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similar public area or facility in the district. A rule may provide |
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for the safe and orderly use of public roadways, open spaces, parks, |
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sidewalks, and similar public areas or facilities. |
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(b) The board may require a permit for a parade, |
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demonstration, celebration, entertainment event, or similar |
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nongovernmental activity in or on a public roadway, open space, |
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park, sidewalk, or similar public area or facility in the district. |
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The board may charge a fee for the permit application or for public |
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safety or security services for those facilities in an amount the |
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board considers necessary. |
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(c) The board may require a permit or franchise agreement |
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with a vendor, concessionaire, exhibitor, or similar private or |
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commercial person or organization for the limited use of the area or |
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facility in the district on terms and on payment of a permit or |
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franchise fee the board may impose. |
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Sec. 5F. BONDS NOT SUBJECT TO JURISDICTION OR SUPERVISION |
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OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY OR MUNICIPALITY. (a) |
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The district's bonds and other securities are not subject to the |
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jurisdiction or supervision of the Texas Commission on |
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Environmental Quality under Chapter 49, Water Code, Chapter 375, |
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Local Government Code, or any other law. |
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(b) Sections 375.207 and 375.208, Local Government Code, do |
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not apply to the district. |
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SECTION 4. Sections 7(a) and (b), Chapter 1503, Acts of the |
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77th Legislature, Regular Session, 2001, are amended to read as |
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follows: |
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(a) The district shall [continue to] operate |
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administratively as a municipal utility [county development] |
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district and, subject to this Act [the provisions hereinafter set
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forth], comply with Subchapters C and D, Chapter 49, Water Code, and |
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Subchapter C, Chapter 54, Water Code [383, Local Government Code]. |
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(b) Each director who takes office after the effective date |
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of the [this] Act of the 82nd Legislature, Regular Session, 2011, |
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amending this section shall: |
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(1) own land in [within the boundaries of] the |
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district; or |
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(2) be a qualified voter in the district. |
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SECTION 5. Section 8, Chapter 1503, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended to read as follows: |
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Sec. 8. LEGISLATIVE FINDINGS. [The legislature finds that
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the principal function of the district is to provide for
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development and operation of the project, to facilitate economic
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development, and to attract visitors and tourists, which will
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result in employment and economic activity in Hays County.] The |
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legislature finds that the district may provide water and sewer, |
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landscaping, drainage, and reclamation services to residential |
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retail or commercial customers or entertainment venues. The |
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district is a district described in Section 49.181(h)(4), Water |
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Code. |
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SECTION 6. Section 7(e), Acts of the 77th Legislature, |
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Regular Session, 2001, is repealed. |
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SECTION 7. An election to confirm a person who is a member |
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of the board of directors of the Hays County Development District |
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No. 1 as of May 1, 2011, is not required. |
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SECTION 8. The legislature confirms and validates all |
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actions of the Hays County Development District No. 1 that were |
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taken before May 1, 2011, including any elections conducted by the |
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district, including any election to impose maintenance and |
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operation taxes or to adopt the powers of a road district. |
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SECTION 9. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(c) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |