S.B. No. 839
 
 
 
 
AN ACT
  relating to the Generation Park Management District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3916.002, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3916.002.  CREATION AND NATURE OF DISTRICT; IMMUNITY.
  (a)  The Generation Park Management District is a special district
  created under Section 59, Article XVI, Texas Constitution.
         (b)  The district is a governmental unit under Chapter 101,
  Civil Practice and Remedies Code, and the operations of the
  district are essential government functions and are not proprietary
  functions for any purpose, including the application of Chapter
  101, Civil Practice and Remedies Code.
         (c)  This chapter does not waive any governmental or
  sovereign immunity from suit, liability, or judgment applicable to
  the district.
         SECTION 2.  Section 3916.006, Special District Local Laws
  Code, is amended by amending Subsection (d) and adding Subsection
  (f) to read as follows:
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways, road facilities,
  transit facilities, parking facilities, conduit facilities, rail
  facilities and other enhanced infrastructure, [and] recreational
  facilities, and public art and by landscaping and developing
  certain areas, which are necessary for the restoration,
  preservation, and enhancement of scenic and aesthetic beauty; and
               (4)  provide for water, wastewater, and drainage[,
  road, rail, and recreational] facilities for the district.
         (f)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         SECTION 3.  Section 3916.008, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3916.008.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  
  All or any part of the area of the district is eligible to be
  included in one or more of the following:
               (1)  a tax increment reinvestment zone created under
  Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code;
               (3)  an enterprise zone created under Chapter 2303,
  Government Code;
               (4)  a foreign trade zone created under Chapter 681,
  Business & Commerce Code; or
               (5)  an industrial district created under Chapter 42,
  Local Government Code.
         SECTION 4.  Section 3916.011, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3916.011.  CONFLICTS OF LAW.  This chapter prevails
  over any provision of general law, including a provision of Chapter
  375, Local Government Code, or Chapter 49, Water Code, that is in
  conflict or inconsistent with this chapter.
         SECTION 5.  Subchapter B, Chapter 3916, Special District
  Local Laws Code, is amended by adding Section 3916.054 to read as
  follows:
         Sec. 3916.054.  DISQUALIFICATION OF DIRECTORS. Section
  49.052, Water Code, applies to the district.
         SECTION 6.  Section 3916.103, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3916.103.  RECREATIONAL FACILITIES.  The district may
  develop or finance recreational facilities as authorized by Chapter
  375, Local Government Code, Sections 52 and 52-a, Article III,
  Texas Constitution, Section 59, Article XVI, Texas Constitution,
  and any other law that applies to the district.
         SECTION 7.  Section 3916.104, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3916.104.  AUTHORITY FOR ROAD PROJECTS.  Under Section
  52, Article III, Texas Constitution, the district may own, operate,
  maintain, design, acquire, construct, finance, issue bonds, notes,
  or other obligations for, and improve[, and convey to this state, a
  county, or a municipality for operation and maintenance]
  macadamized, graveled, or paved roads or improvements, including
  storm drainage and other improvements located in or adjacent to
  road rights-of-way, in aid of those roads.
         SECTION 8.  Sections 3916.105(a) and (b), Special District
  Local Laws Code, are amended to read as follows:
         (a)  The district may [shall] convey a road project
  authorized by Section 3916.104 to:
               (1)  the municipality or county that will operate and
  maintain the road if the municipality or county has approved the
  plans and specifications of the road project; or
               (2)  the state if the state will operate and maintain
  the road and the Texas Transportation Commission has approved the
  plans and specifications of the road project.
         (b)  Except as provided by Subsection (c), the district shall
  operate and maintain a road project authorized by Section 3916.104
  that the district implements and does [is] not convey to [approved
  by] a municipality, a county, or this state under Subsection (a).
         SECTION 9.  Section 3916.110, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3916.110.  LAW ENFORCEMENT SERVICES. Section 49.216,
  Water Code, applies to the district [To protect the public
  interest, the district may contract with a qualified party,
  including the county or the city, to provide law enforcement
  services in the district for a separate fee or as otherwise provided
  by the contract].
         SECTION 10.  Section 3916.116(a), Special District Local
  Laws Code, is amended to read as follows:
         (a)  Subchapter I, Chapter 49, Water Code, applies to a
  district contract for construction work, equipment, materials, or
  machinery.  Notwithstanding the limitations and requirements of
  Sections 2269.003(a) and 2269.352, Government Code, the [The]
  district may use any [a] project delivery method described by
  Subchapter I, Chapter 49, Water Code, or Chapter 2269 [2267],
  Government Code, including a delivery method described by
  Subchapter H, Chapter 2269, Government Code.
         SECTION 11.  Subchapter C, Chapter 3916, Special District
  Local Laws Code, is amended by adding Section 3916.119 to read as
  follows:
         Sec. 3916.119.  FIREFIGHTING AND EMERGENCY MEDICAL
  SERVICES. (a)  Subchapter L, Chapter 49, Water Code, applies to
  the district.
         (b)  Except as provided in Subsection (c) and subject to
  Subsection (d), the district has the same rights and powers as a
  municipality annexing territory in a district that provides
  firefighting or emergency medical services to cause all or part of
  the territory in the district to be removed from a district
  providing firefighting or emergency medical services.
         (c)  The district may cause the removal of territory under
  Subsection (b) whether or not that territory was originally
  included in or subsequently annexed into the district.
         (d)  The district's right to cause the removal of territory
  under this section shall be subject to a mutually satisfactory
  agreement under Chapter 791, Government Code, or other applicable
  law, between the district and a district that provides firefighting
  or emergency medical services from which the territory will be
  removed, which may include terms for the payment of funds from
  current revenues of the district for the continued provision of
  firefighting or emergency medical services or such other lawful
  terms that the parties consider appropriate.
         (e)  The removal of territory under this section does not
  diminish or impair the rights of the holders of any outstanding and
  unpaid bonds, warrants, or other obligations, including loans and
  lease-purchase agreements, of the district from which the territory
  was removed.
         SECTION 12.  Section 3916.153, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3916.153.  RULES.  (a)  The district has the general
  power and duty to adopt and enforce rules as provided by Section
  375.096(c), Local Government Code.
         (b)  The district may adopt and enforce rules covering its
  public transit system or its public parking facilities, except that
  a rule relating to or affecting the use of the public right-of-way
  or a requirement for off-street parking is subject to all
  applicable county requirements.
         SECTION 13.  Section 3916.351, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3916.351.  DISSOLUTION OF DISTRICT [WITH OUTSTANDING
  DEBT]. Notwithstanding Section 375.263(b), Local Government Code,
  on dissolution of the district, the board shall determine whether
  the district's assets will escheat to the state or are transferred
  to a political subdivision of the state.  [(a)     The board may
  dissolve the district regardless of whether the district has debt.  
  Section 375.264, Local Government Code, does not apply to the
  district.
         [(b)     If the district has debt when it is dissolved, the
  district shall remain in existence solely for the purpose of
  discharging its debts.   The dissolution is effective when all debts
  have been discharged.]
         SECTION 14.  The change in law made by Section 3916.054,
  Special District Local Laws Code, as added by this Act, does not
  affect the entitlement of a member serving on the board of directors
  of the Generation Park Management District immediately before the
  effective date of this Act to continue to carry out the board's
  functions for the remainder of the member's term. The change in law
  applies only to a member elected on or after the effective date of
  this Act.
         SECTION 15.  (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, one of the required recipients, 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, the
  lieutenant governor, and the 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 16.  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, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 839 passed the Senate on
  May 6, 2015, by the following vote:  Yeas 29, Nays 2.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 839 passed the House on
  May 15, 2015, by the following vote:  Yeas 138, Nays 1, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor