S.B. No. 2453

	AN ACT
	relating to the East Montgomery County Improvement District.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  (a)  This section takes effect only if the Act of
	the 81st Legislature, Regular Session, 2009, relating to
	nonsubstantive additions to and corrections in enacted codes
	becomes law.
	(b)  Subdivision (3), Section 3846.001, Special District
	Local Laws Code, is amended to read as follows:
	(3)  "Venue" means a convention center facility or
	related improvement such as a convention center, civic center,
	civic center building, civic center hotel, auditorium, theater,
	opera house, music hall, exhibition hall, rehearsal hall, park,
	zoological park, museum, aquarium, tourist development area along
	an inland waterway, or plaza.
	SECTION 2.  (a)  This section takes effect only if the Act of
	the 81st Legislature, Regular Session, 2009, relating to
	nonsubstantive additions to and corrections in enacted codes does
	not become law.
	(b)  Subdivision (1), Subsection (a), Section 33, Chapter
	1316, Acts of the 75th Legislature, Regular Session, 1997, as added
	by Section 11, Chapter 950, Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	(1)  "Venue" means a convention center facility or
	related improvement such as a convention center, civic center,
	civic center building, civic center hotel, auditorium, theater,
	opera house, music hall, exhibition hall, rehearsal hall, park,
	zoological park, museum, aquarium, tourist development area along
	an inland waterway, or plaza.
	SECTION 3.  Subsections (d) and (e), Section 3846.155,
	Special District Local Laws Code, are amended to read as follows:
	(d)  If as a result of the imposition or increase in a sales
	and use tax by the district as provided under this section or
	Section 3846.152, the overlapping local sales and use taxes in a
	municipality or political subdivision located in the boundaries of
	the district will exceed two percent, the municipality's or
	political subdivision's sales and use tax is automatically reduced
	in that municipality or political subdivision to a rate that, when
	added to the district's rate, does not exceed two percent.
	(e)  If the tax rate of a municipality or political
	subdivision is reduced in accordance with Subsection (d), the
	comptroller shall withhold from the district's monthly sales and
	use tax allocation an amount equal to the amount that would have
	been collected by the municipality or political subdivision had the
	district not imposed or increased its sales and use tax less amounts
	that the municipality or political subdivision collects following
	the district's imposition of or increase in its sales and use tax.
	The comptroller shall withhold and pay the amount withheld to the
	municipality or political subdivision under policies or procedures
	that the comptroller considers reasonable.
	SECTION 4.  Section 3846.162, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3846.162.  BORROWING MONEY.  The district may borrow
	money for the corporate purposes of the district and may issue bonds
	as authorized by Section 3846.164 for any district purpose,
	including for the purpose of an economic development program under
	Section 3846.106.
	SECTION 5.  (a)  This section takes effect only if the Act of
	the 81st Legislature, Regular Session, 2009, relating to
	nonsubstantive additions to and corrections in enacted codes
	becomes law.
	(b)  Sections 3846.253 and 3846.260, Special District Local
	Laws Code, are amended to read as follows:
	Sec. 3846.253.  DEVELOPMENT ZONES AUTHORIZED.  The board, on
	its own motion or on receipt of a petition signed by the owners of
	all real property in a defined area of the district consisting of
	one tract of land containing at least 25 [or more] contiguous acres
	and any additional smaller or larger tracts, as appropriate [of
	land], by resolution may create, designate, describe, assign a name
	to, and appoint the governing body for a development zone in the
	district to promote development or redevelopment of the area, if
	the board finds that the creation of the zone will further the
	public purposes of:
	(1)  the development and diversification of the economy
	of the district and the state;
	(2)  the elimination of unemployment or
	underemployment in the district and the state;
	(3)  the development or expansion of transportation or
	commerce in the district and the state; or
	(4)  the promotion and stimulation of business,
	commercial, and economic activity in the district and the state.
	Sec. 3846.260.  DEVELOPMENT ZONE BOUNDARIES.  The boundaries
	of a development zone may be reduced or enlarged in the manner
	provided by this subchapter for creation of a zone, except that the
	boundaries may not be reduced to less than 25 contiguous acres.  A
	development zone may be enlarged to include noncontiguous tracts
	only if on the date the zone is enlarged the zone contains at least
	one tract consisting of at least 25 contiguous acres.  A
	confirmation election is not required for an enlargement if:
	(1)  all landowners of the area proposed to be added
	consent to the enlargement and the tax authorization in the zone;
	and
	(2)  the enlarged area does not have any registered
	voters who reside in the area.
	SECTION 6.  (a)  This section takes effect only if the Act of
	the 81st Legislature, Regular Session, 2009, relating to
	nonsubstantive additions to and corrections in enacted codes does
	not become law.
	(b)  Subsections (b) and (j), Section 30, Chapter 1316, Acts
	of the 75th Legislature, Regular Session, 1997, as added by Section
	9, Chapter 950, Acts of the 80th Legislature, Regular Session,
	2007, are amended to read as follows:
	(b)  The board, on its own motion or on receipt of a petition
	signed by the owners of all real property in a defined area of the
	district consisting of one tract of land containing at least 25 [or
	more] contiguous acres and any additional smaller or larger tracts,
	as appropriate [of land], by resolution may create, designate,
	describe, assign a name to, and appoint the governing body for a
	development zone in the district to promote development or
	redevelopment of the area, if the board finds that the creation of
	the zone will further the public purposes of:
	(1)  the development and diversification of the economy
	of the district and the state;
	(2)  the elimination of unemployment or
	underemployment in the district and the state;
	(3)  the development or expansion of transportation or
	commerce in the district and the state; or
	(4)  the promotion and stimulation of business,
	commercial, and economic activity in the district and the state.
	(j)  The boundaries of a development zone may be reduced or
	enlarged in the manner provided by this section for creation of a
	zone, except that the boundaries may not be reduced to less than 25
	contiguous acres.  A development zone may be enlarged to include
	noncontiguous tracts only if on the date the zone is enlarged the
	zone contains at least one tract consisting of at least 25
	contiguous acres.  A confirmation election is not required for an
	enlargement if:
	(1)  all landowners of the area proposed to be added
	consent to the enlargement and the tax authorization in the zone;
	and
	(2)  the enlarged area does not have any registered
	voters who reside in the area.
	SECTION 7.  (a)  The legal notice of the intention to
	introduce this Act, setting forth the general substance of this
	Act, has been published as provided by law, and the notice and a
	copy of this Act have been furnished to all persons, agencies,
	officials, or entities to which they are required to be furnished
	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	Government Code.
	(b)  The governor has submitted the notice and Act to the
	Texas Commission on Environmental Quality.
	(c)  The Texas Commission on Environmental Quality has filed
	its recommendations relating to this Act with the governor,
	lieutenant governor, and speaker of the house of representatives
	within the required time.
	(d)  All requirements of the constitution and laws of this
	state and the rules and procedures of the legislature with respect
	to the notice, introduction, and passage of this Act are fulfilled
	and accomplished.
	SECTION 8.  This Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 2453 passed the Senate on
	April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
	the Senate concurred in House amendment on May 30, 2009, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 2453 passed the House, with
	amendment, on May 26, 2009, by the following vote: Yeas 122,
	Nays 22, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor