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AN ACT
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relating to the purposes and powers of the Temple Health and |
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Bioscience Economic Development District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3831.002, Special District Local Laws |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(e) to read as follows: |
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(a) The creation of the district is essential to accomplish |
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the purposes of Section 52-a, Article III, and Section 59, Article |
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XVI, Texas Constitution, and to accomplish other public purposes |
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stated in this chapter, including: |
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(1) development and diversification of the economy of |
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the state; |
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(2) the elimination of unemployment or |
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underemployment in the state; |
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(3) the stimulation of agricultural innovation; |
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(4) fostering the growth of enterprises based on |
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agriculture; and |
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(5) the development or expansion of transportation or |
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commerce in the state. |
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(e) Property owners in the district benefit from the |
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district and its activities. |
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SECTION 2. Subchapter A, Chapter 3831, Special District |
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Local Laws Code, is amended by adding Section 3831.006 to read as |
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follows: |
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Sec. 3831.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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(a) All or part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created by the |
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City of Temple under Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created by the |
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City of Temple under Chapter 312, Tax Code. |
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(b) If the City of Temple creates a tax increment |
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reinvestment zone described by Subsection (a), the city and the |
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board of directors of the zone, by contract with the district, may: |
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(1) grant money deposited in the tax increment fund to |
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the district to be used by the district for any purpose, including |
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pledging the money as security for any bonds issued by the district |
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for an improvement project; or |
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(2) give the district the power to manage or implement |
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a reinvestment zone's project or financing plans. |
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SECTION 3. Section 3831.104, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3831.104. PROPERTY. The district may exercise any |
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type of property right, including the power to acquire, sell, or |
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lease as lessee or lessor, regarding any type of property interest |
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located inside or outside the boundaries of the district [in the
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district or for use in the district] under terms determined by the |
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board. |
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SECTION 4. Section 3831.109, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3831.109. FEES FOR USE OF DISTRICT IMPROVEMENTS. The |
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district may establish and maintain reasonable and |
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nondiscriminatory rates, fares, charges, rents, or other fees or |
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compensation for the use of the improvements constructed by, |
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operated by, leased to or by, or maintained by the district. |
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SECTION 5. Subsection (a), Section 3831.111, Special |
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District Local Laws Code, is amended to read as follows: |
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(a) The district may establish projects inside or outside |
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the boundaries of the district for: |
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(1) bioscience and health products, including |
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projects related to: |
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(A) research and development; |
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(B) invention and discovery; |
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(C) commercialization; |
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(D) production and manufacturing of goods and |
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products, including projects for manufacturing facilities; and |
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(E) development of production process and |
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delivery system purposes in, involved in, based on, or related to, |
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or intended to advance the state of knowledge, skill, and |
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understanding of, the biosciences, including: |
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(i) wet laboratories; |
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(ii) clean rooms; |
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(iii) dry laboratories; |
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(iv) research and development facilities; |
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(v) genetics facilities and equipment; |
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(vi) pharmaceutical facilities and |
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equipment; |
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(vii) biotechnology incubators; |
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(viii) bioscience and biotechnology health |
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care facilities; |
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(ix) biotechnology facilities; |
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(x) bioscience facilities; and |
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(xi) other similar projects; |
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(2) bioscience education, including projects for |
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health or biotechnology education facilities, regardless of any |
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affiliation with other institutions of higher, vocational, or job |
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training education; |
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(3) access to public safety facilities and equipment; |
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(4) streets and roads; |
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(5) drainage services; |
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(6) wastewater services; |
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(7) potable water services; |
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(8) telecommunication facilities; |
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(9) demolition of existing structures; |
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(10) development and institution of water |
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conservation programs; |
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(11) chilled water services; |
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(12) steam services; |
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(13) industrial gases services; |
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(14) other utility and process and production |
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services; or |
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(15) the support of any other type of health or |
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bioscience projects. |
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SECTION 6. Subsection (a), Section 3831.114, Special |
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District Local Laws Code, is amended to read as follows: |
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(a) The board by resolution may authorize the creation of a |
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nonprofit corporation[, including a scientific corporation,] under |
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the Business Organizations Code. The nonprofit corporation may be |
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organized to perform biomedical or scientific research or provide |
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biomedical or scientific education for the benefit of the public. |
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The nonprofit corporation shall assist and act for the district in |
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implementing a project or providing a service authorized by this |
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chapter or Chapter 431, Transportation Code. |
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SECTION 7. Section 3831.160, Special District Local Laws |
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Code, is amended by amending Subsection (a) and adding Subsections |
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(c), (d), (e), (f), and (g) to read as follows: |
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(a) The district may issue obligations, including revenue |
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bonds, to pay the costs of a project located inside or outside the |
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boundaries of [in] the district. The proceeds of bonds or other |
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obligations that are payable wholly or partly from ad valorem taxes |
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may not be used for a project located outside the district. |
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(c) Revenue bonds or other district obligations may be |
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payable from and secured by: |
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(1) revenue derived from the district's operations, |
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including district projects; |
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(2) proceeds of a grant or other funds received by the |
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district; |
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(3) revenue derived from a lease or contract entered |
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into by the district; or |
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(4) assessments collected by the district. |
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(d) Revenue bonds or other district obligations may be |
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secured by a mortgage or deed of trust lien on the district's |
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interest in a project or property, including a fee title or a |
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leasehold interest. |
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(e) The district may issue general obligation bonds if |
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general obligation bonds are authorized by an election held under |
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Subchapter F. |
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(f) For purposes of this chapter, the district: |
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(1) is an issuer under Chapter 1371, Government Code, |
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and may issue bonds or obligations under that chapter; and |
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(2) may issue refunding bonds or obligations under |
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Chapter 1207, Government Code. |
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(g) Except for water, sewer, or drainage projects financed |
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by taxes imposed by the district, the district may issue bonds or |
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other obligations and pursue projects without an order of the Texas |
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Commission on Environmental Quality under Section 49.181(a), Water |
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Code. |
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SECTION 8. Section 3831.201, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3831.201. IMPOSITION OF AD VALOREM TAX. If authorized |
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at an election held under Section 3831.255, the district by order: |
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(1) may [by order] impose an annual ad valorem tax on |
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taxable property in the district to pay for projects or district |
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operating expenses; and |
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(2) shall [by order] impose an ad valorem tax to pay |
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for obligations that are payable wholly or partly from ad valorem |
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taxes. |
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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 hereby certify that S.B. No. 1033 passed the Senate on |
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April 2, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1033 passed the House on |
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May 26, 2009, by the following vote: Yeas 141, Nays 0, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |