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S.B. No. 466
AN ACT
relating to the creation and authority of municipal development
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (3), Section 377.001, Local
Government Code, is amended to read as follows:
(3) "Development project"[:
[(A)] means:
(A) [(i)] a "project" as that term is defined by
Section 4B(a), Development Corporation Act of 1979 (Article 5190.6,
Vernon's Texas Civil Statutes); or
(B) [and (ii)] a convention center facility or
related improvement such as a convention center, civic center,
civic center building, civic center hotel, or auditorium,
including[; and
[(B) includes] parking areas or facilities that
are used to park vehicles and that are located at or in the vicinity
of other convention center facilities.
SECTION 2. Section 377.002, Local Government Code, is
amended to read as follows:
Sec. 377.002. SCOPE [APPLICABILITY]. (a) A [This chapter
applies only to a] municipality may create a district as provided in
this chapter in:
(1) all or part of the boundaries of the municipality;
(2) all or part of the boundaries of the municipality
and all or part of the boundaries of the municipality's
extraterritorial jurisdiction; or
(3) all or part of the municipality's extraterritorial
jurisdiction [that is located in more than one county].
(b) The municipality may include territory outside of the
municipality only to the extent that territory is in the
municipality's extraterritorial jurisdiction.
SECTION 3. Subchapter A, Chapter 377, Local Government
Code, is amended by adding Section 377.003 to read as follows:
Sec. 377.003. CONSTITUTIONAL PURPOSE. This chapter creates
a program under Section 52-a, Article III, Texas Constitution.
SECTION 4. Subsections (b), (e), and (g), Section 377.021,
Local Government Code, are amended to read as follows:
(b) The order calling the election must:
(1) define the boundaries of the district [to include
all or part of the boundaries of the municipality]; and
(2) call for the election to be held within those
boundaries.
(e) If a majority of the registered voters of the proposed
district voting at the election to create the district vote against
creation of the district, the municipality may not hold another
election on the question of creating a municipal development
district [may not be held in the municipality] before the first
anniversary of the most recent election concerning creation of a
district.
(g) In the order calling the election, the municipality may
provide for the district boundaries to conform automatically to any
changes in the boundaries of the portion of the municipality or the
municipality's extraterritorial jurisdiction included in the
district, and the election shall be held on one of the four uniform
election dates under Section 41.001, Election Code.
SECTION 5. Subsection (a), Section 377.022, Local
Government Code, is amended to read as follows:
(a) A district is a political subdivision of this state and
of the municipality that created [in which] the district [is
located].
SECTION 6. Subsections (b) and (d), Section 377.051, Local
Government Code, are amended to read as follows:
(b) The board is appointed by the governing body of the
municipality that created [in which] the district [is located].
(d) To qualify to serve as a director, a person must reside
in [be a resident of] the municipality that created the district or
in that municipality's extraterritorial jurisdiction [in which the
district is located]. An employee, officer, or member of the
governing body of the municipality may serve as a director, but may
not have a personal interest in a contract executed by the district
other than as an employee, officer, or member of the governing body
of the municipality.
SECTION 7. Section 377.053, Local Government Code, is
amended to read as follows:
Sec. 377.053. MEETINGS. The board shall conduct its
meetings in the municipality that created [in which] the district
[is located].
SECTION 8. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 466 passed the Senate on
March 17, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 466 passed the House on
May 13, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor