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  H.B. No. 3854
 
 
 
 
AN ACT
  relating to the powers of certain development corporations related
  to Hurricane Ike disaster relief and to the validation of certain
  governmental acts or proceedings of counties affected by Hurricane
  Ike.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 501, Local Government Code, is amended
  by adding Subchapter J to read as follows:
  SUBCHAPTER J. HURRICANE IKE DISASTER RELIEF
         Sec. 501.451.  APPLICABILITY. This subchapter applies only
  to a corporation the creation of which was authorized by a unit
  wholly or partly located in the Hurricane Ike disaster area, as
  defined by Section 704, Heartland Disaster Tax Relief Act of 2008
  (Pub. L. No. 110-343).
         Sec. 501.452.  PROJECTS RELATED TO HURRICANE IKE DISASTER
  AREA.  For a corporation to which this subchapter applies, in this
  subtitle, "project":
               (1)  includes an undertaking the costs of which are
  eligible to be paid from the proceeds of qualified Hurricane Ike
  disaster area bonds under Section 704, Heartland Disaster Tax
  Relief Act of 2008 (Pub. L. No. 110-343); and
               (2)  does not include:
                     (A)  a qualified residential rental project, as
  defined by Section 142(d), Internal Revenue Code of 1986; or
                     (B)  a project the costs of which are payable from
  qualified mortgage bonds, as defined by Section 143, Internal
  Revenue Code of 1986.
         Sec. 501.453.  PROJECTS NOT ADMINISTERED BY ECONOMIC
  DEVELOPMENT OFFICE. A project authorized under this subchapter and
  bonds issued to pay all or part of the cost of a project under this
  subchapter are not subject to the requirements of Subchapter F.
         SECTION 2.  Title 34, Revised Statutes, is amended by adding
  Article 1677 to read as follows:
         Art. 1677.  GOVERNMENTAL ACTS AND PROCEEDINGS OF COUNTIES
  AFFECTED BY HURRICANE IKE
         Sec. 1.  APPLICATION. This article applies to any county
  located in the Hurricane Ike disaster area, as defined by Section
  704, Heartland Disaster Tax Relief Act of 2008 (Pub. L. No.
  110-343).
         Sec. 2.  PROCEEDINGS VALIDATED. The governmental acts and
  proceedings of a county relating to a bond election that was held
  November 4, 2008, and at which the ballot proposition was approved
  by a majority of the voters voting on the proposition are validated
  as of the dates they occurred. The validation includes the
  preparation and wording of the ballot proposition, any action taken
  by the county in calling and holding the bond election, and any
  other action taken by the county before the effective date of this
  article in connection with the issuance of any bonds approved in the
  bond election. The acts and proceedings may not be held invalid
  because they were not performed in accordance with law. A county
  may take any further action or conduct any further proceeding
  necessary to complete the issuance of the bonds approved at the bond
  election, and, when issued, the bonds are valid and binding
  obligations of the county in accordance with the terms of the bonds.
         SECTION 3.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3854 was passed by the House on April
  22, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3854 was passed by the Senate on May
  25, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor