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AN ACT
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relating to the powers and duties of the Sienna Plantation |
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Management District; providing authority to impose a fee or issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 3829, Special District |
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Local Laws Code, is amended by adding Section 3829.054 to read as |
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follows: |
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Sec. 3829.054. COMPENSATION. (a) A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. |
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(b) Sections 375.069 and 375.070, Local Government Code, do |
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not apply to the board. |
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SECTION 2. Section 3829.105, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3829.105. COMPETITIVE BIDDING. (a) Subchapter I, |
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Chapter 49, Water Code, applies to the district. |
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(b) Sections 375.221 and 375.223, Local Government Code, do |
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not apply to the district. [Section 375.221, Local Government
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Code, applies to the district only for a contract that has a value
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greater than $25,000.] |
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SECTION 3. Subchapter C, Chapter 3829, Special District |
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Local Laws Code, is amended by adding Sections 3829.108 and |
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3829.109 to read as follows: |
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Sec. 3829.108. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. |
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(c) Section 375.044(b), Local Government Code, does not |
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apply to the district. |
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Sec. 3829.109. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SECTION 4. Section 3829.153, Special District Local Laws |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(c) to read as follows: |
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(a) If authorized at an election held in accordance with |
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Section 3829.152, the district may impose an annual ad valorem tax |
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in accordance with Section 49.107, Water Code, on taxable property |
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in the district for any purpose, including the: |
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(1) maintenance and operation of the district and the |
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improvements constructed or acquired by the district; [or] |
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(2) construction or acquisition of improvements; or |
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(3) provision of a service. |
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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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SECTION 5. Section 3829.157, Special District Local Laws |
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Code, is amended by amending Subsection (b) and adding Subsections |
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(c) and (d) to read as follows: |
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(b) The district may borrow money on terms determined by the |
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board. Section 375.205, Local Government Code, does not apply to a |
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loan, line of credit, or other debt from a bank or financial |
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institution secured by revenue other than ad valorem taxes [In
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exercising the district's power to borrow, the district may issue a
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bond or other obligation in the form of a bond, note, certificate of
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participation or other instrument evidencing a proportionate
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interest in payments to be made by the district, or other type of
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obligation]. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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(d) At the time the district issues bonds payable wholly or |
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partly from ad valorem taxes, the board shall impose a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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for each year that all or part of the bonds are outstanding as |
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required and in the manner provided by Sections 54.601 and 54.602, |
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Water Code. |
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SECTION 6. Subchapter D, Chapter 3829, Special District |
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Local Laws Code, is amended by adding Sections 3829.160 and |
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3829.161 to read as follows: |
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Sec. 3829.160. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3829.161. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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SECTION 7. Chapter 3829, Special District Local Laws Code, |
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is amended by adding Subchapter F to read as follows: |
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SUBCHAPTER F. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES |
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Sec. 3829.251. PUBLIC TRANSIT SYSTEM. The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain a public transit system to serve the area |
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within the boundaries of the district. |
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Sec. 3829.252. PARKING FACILITIES AUTHORIZED; OPERATION BY |
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PRIVATE ENTITY. (a) The district may acquire, lease as lessor or |
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lessee, construct, develop, own, operate, and maintain parking |
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facilities or a system of parking facilities, including: |
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(1) lots, garages, parking terminals, or other |
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structures or accommodations for motor vehicle off-street parking; |
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and |
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(2) equipment, entrances, exits, fencing, and other |
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accessories necessary for safety and convenience in parking |
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vehicles. |
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(b) A parking facility of the district may be leased to, or |
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operated for the district by, an entity other than the district. |
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(c) The district's parking facilities are a program |
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authorized by the legislature under Section 52-a, Article III, |
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Texas Constitution. The district's parking facilities serve the |
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public purposes of the district and are owned, used, and held for a |
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public purpose even if leased or operated by a private entity for a |
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term of years. |
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Sec. 3829.253. RULES. The district may adopt rules |
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covering its public transit system or its public parking |
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facilities. |
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Sec. 3829.254. FINANCING OF PUBLIC TRANSIT SYSTEM OR |
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PARKING FACILITIES. (a) The district may use any of its resources, |
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including revenue, assessments, taxes, or grant or contract |
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proceeds, to pay the cost of acquiring or operating a public transit |
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system or public parking facilities. |
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(b) The district may: |
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(1) set, charge, impose, and collect fees for the use |
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of the public transit system or public parking facilities; and |
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(2) issue bonds or notes to finance the cost of the |
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public transit system or public parking facilities. |
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SECTION 8. (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 governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with. |
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(e) 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 have been |
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fulfilled and accomplished. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4727 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4727 on May 29, 2009, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4727 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |