This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
S.B. No. 1105
AN ACT
relating to defense adjustment management authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 375.304, Local
Government Code, is amended to read as follows:
(a) The governing body of a municipality by resolution or
ordinance may create an authority in an area that is:
(1) in the same county as a military installation or
facility that is:
(A) closed or realigned under the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note)
and its subsequent amendments; or
(B) a base efficiency project as defined by
Section 379B.001 [378.001, as added by Chapter 1221, Acts of the
76th Legislature, Regular Session, 1999]; and
(2) in an area that has been annexed or disannexed for
full or limited purposes under Subchapter F, Chapter 43, by a
municipality with a population of at least 1.1 million or is in the
extraterritorial jurisdiction of a municipality with a population
of at least 1.1 million and that has been annexed for limited
purposes by the municipality under Subchapter F, Chapter 43.
SECTION 2. Subsection (b), Section 375.305, Local
Government Code, is amended to read as follows:
(b) The notice required by Subsection (a) must state:
(1) the name of the proposed authority;
(2) the date, time, and place for the public hearing;
(3) [(2)] the boundaries of the proposed authority,
including a map of the proposed authority; and
(4) [(3)] the powers of the proposed authority,
including the power to levy assessments and to impose a sales and
use tax.
SECTION 3. Subsections (d) and (e), Section 375.306, Local
Government Code, is amended to read as follows:
(d) School districts whose boundaries overlap with an
authority by 5,000 or more acres shall collectively appoint three
members of the board.
(e) Except for the presiding officer, directors [Directors]
are appointed for terms of two years. Terms of directors may be
staggered, and directors may serve successive terms.
SECTION 4. Subchapter O, Chapter 375, Local Government
Code, is amended by adding Section 375.3085 to read as follows:
Sec. 375.3085. ANNEXATION OR DISANNEXATION. (a) The board
may vote to annex or disannex territory to an authority.
(b) Not earlier than the 60th or later than the 30th day
before the date the board votes on the annexation or disannexation,
the board shall hold two public hearings to consider the annexation
or disannexation. The board must publish notice of each public
hearing in a newspaper of general circulation in the area of the
proposed annexed or disannexed territory at least seven days before
each public hearing.
(c) The notice must state:
(1) the date, time, and place for the public hearing;
and
(2) the amended boundaries of the authority, including
a map of the proposed annexation or disannexation of territory in
the authority.
(d) If the board approves the proposed annexation or
disannexation, the board shall submit the action to the governing
body of the municipality for approval. The annexation or
disannexation takes effect on the date the governing body of the
municipality approves the annexation or disannexation by
ordinance.
(e) Section 375.043 does not apply to the authority.
SECTION 5. Section 375.310, Local Government Code, is
amended to read as follows:
Sec. 375.310. AUTHORITY [MASTER] PLAN. (a) An authority
may only develop or construct public improvements or eligible
projects in areas designated in an authority [master] plan approved
by the board and the governing body of the municipality that created
the authority.
(b) The [authority master] plan must include the
information required for a municipal reinvestment zone under
Sections 311.011(b) and (c), Tax Code, for the area of the
authority. For the purposes of applying those sections, the area of
the authority affected constitutes a zone.
(c) The authority shall generate the [authority master]
plan based on the economic development needs of the property owners
and constituents in the authority.
(d) After approval by the board, the authority shall submit
the [authority master] plan to the municipality for approval.
Before taking action to approve or reject the [authority master]
plan, the municipality shall make a copy of the proposed [authority
master] plan available to the public and hold hearings and publish
notice of the hearings in the manner required by Section 375.305.
The notice of the public hearings must state where a copy of the
proposed [authority master] plan is available for inspection.
(e) The board may amend and submit the approved [authority
master] plan to the governing body of the municipality for
approval.
(f) Before approving the authority's [master] plan or any
amendment, the municipality shall publish notice and hold hearings
as required by Subsection (d).
SECTION 6. Subsection (a), Section 375.312, Local
Government Code, is amended to read as follows:
(a) An authority [created under this subchapter] has the
power of a municipality under Chapters 211 and 212 in the area of
the authority, including an area of the authority that is in the
boundaries of a [the] municipality's limited purpose jurisdiction.
On annexation of an area of the authority for full purposes by a
municipality, the authority's power to regulate the area under
Chapter 211 or 212 expires. The authority regains the power in an
area if the municipality disannexes the area.
SECTION 7. Section 375.3085, Local Government Code, as
added by this Act, applies only to the annexation of an area for
which all parts of the statutory annexation process are begun on or
after the effective date of this Act. The annexation of an area for
which any part of the statutory annexation process was begun before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 8. Section 375.310, Local Government Code, as
amended by this Act, applies only to a public improvement or
eligible project for which development or construction began on or
after the effective date of this Act. A public improvement or
eligible project for which development or construction began before
the effective date of this Act is governed by the law in effect when
the development or construction began, and the former law is
continued in effect for that purpose.
SECTION 9. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1105 passed the Senate on
May 12, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1105 passed the House on
May 25, 2005, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor