Bill Text: TX HB5352 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the approval and creation of the Williamson County Development District No. 1; and to the administration, powers, duties, operation, and financing of the district, including the authority to impose an assessment, a tax, and issue bonds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-24 - Recommendations filed with the Speaker [HB5352 Detail]
Download: Texas-2023-HB5352-Introduced.html
By: Bucy | H.B. No. 5352 |
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relating to the approval and creation of the Williamson County | ||
Development District No. 1; and to the administration, powers, | ||
duties, operation, and financing of the district, including the | ||
authority to impose an assessment, a tax, and issue bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. LEGISLATIVE FINDINGS. (a) The legislature | ||
finds that the creation of Williamson County Development District | ||
No. 1 (the "district") will serve the public purpose of promoting | ||
economic activity and employment and attracting visitors in the | ||
manner contemplated by Section 52-a, Article III Constitution and | ||
Chapter 383, Local Government Code. | ||
(b) The legislature further finds that economic development | ||
is an essential function and purpose of the district. | ||
(c) All of the land or public improvements within the | ||
district will be benefited by the works and projects that are to be | ||
achieved by the district are essential to accomplish the purposes | ||
of Sections 52-a and 52, Article III, and Section 59, Article SVI, | ||
Texas Constitution and other public purposes stated in this Act. | ||
The district services a public use and benefit. | ||
(d) A legislative finding made under this Act is conclusive | ||
and the district is not required to offer proof of the purpose of | ||
results before exercising a power granted by this Act. | ||
SECTION 2. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3990 to read as follows: | ||
CHAPTER 3990. WILLIAMSON COUNTY DEVELOPMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3990.001. DEFINITIONS. In this chapter: | ||
(1) "board" means the district's board of directors. | ||
(2) "county" means Williamson County. | ||
(2) "director" means a board member. | ||
(3) "district" means the Williamson County | ||
Development District No. 1. | ||
Sec. 3990.002. NATURE OF DISTRICT. The Williamson County | ||
Development District No. 1 is created as a county development | ||
district with all the rights, powers, privileges, authority, | ||
functions and duties provided by Chapter 383, Local Government | ||
Code. | ||
Sec. 3990.003. PURPOSE; DECLARATION OF INTENT. (a) The | ||
principal function of the district is to provide for and facilitate | ||
economic development, increase employment and to attract visitors | ||
to Williamson County. The creation of the district is essential to | ||
accomplish the purposes of Sections 52 and 52-a, Article III, and | ||
Section 59, Article XVI, Texas Constitution, and other public | ||
purposes stated in this chapter. By creating the district and in | ||
authorizing Williamson County and other political subdivisions to | ||
contract with the district, the legislature has established a | ||
program to accomplish the public purposes set out in Section 52-a, | ||
Article III, Texas Constitution. | ||
(b) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
Sec. 3990.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by this chapter. | ||
(c) The creation of the district is in the public interest | ||
and is essential to: | ||
(1) further the public purposes of developing and | ||
diversifying the economy of the state; | ||
(2) eliminate unemployment and underemployment; and | ||
(3) develop or expand transportation and commerce. | ||
(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; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty. | ||
(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. | ||
Sec. 3990.005. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 3 of the Act enacting | ||
this chapter. | ||
(b) The boundaries and field notes contained in Section 3 of | ||
the Act enacting this chapter form a closure. A mistake in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on the bond; | ||
(3) right to impose or collect an assessment or tax; or | ||
(4) legality or operation. | ||
Sec. 3990.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; or | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code. | ||
Sec. 3990.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3990.008. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed in conformity with the | ||
findings and purposes stated in this chapter. | ||
[Sections 3990.009-3990.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3990.051. GOVERNING BODY; TERMS. The district is | ||
governed by a board of five directors who serve staggered terms of | ||
four years, with two or three directors' terms expiring June 1 of | ||
each odd-numbered year. | ||
Sec. 3990.052. INITIAL DIRECTORS. (a) The initial | ||
directors shall be: | ||
1. [NAME] | ||
2. [NAME] | ||
3. [NAME] | ||
4. [NAME] | ||
5. [NAME] | ||
(b) Of the initial directors, the terms of directors | ||
appointed for positions 1 through 3 expire June 1, 2025, and the | ||
terms of directors appointed for positions 4 and 5 expire June 1, | ||
2027. | ||
(c) Prior to the expiration of a director's term or upon a | ||
vacancy, the board of directors shall present the name of a | ||
qualified candidate to the county commissioners court. If the | ||
commissioners find the candidate to be qualified, the candidate | ||
shall be named to the board of directors. If the commissioners | ||
court does not find the candidate to be qualified, the court shall | ||
notify the board of directors to submit an alternate candidate. | ||
Sec 3990.053. QUALIFICATIONS OF DIRECTOR. (a) To be | ||
qualified to serve as a director, a person must be at least 21 years | ||
of age, a resident citizen of the state, and either a qualified | ||
voter of the county or a property owner in the district. | ||
Sec. 3990.054 QUORUM. For purposes of determining the | ||
requirements for a quorum of the board, the following are not | ||
counted: | ||
(1) a board position vacant for any reason, including | ||
death, resignation, or disqualification; or | ||
(2) a director who is abstaining from participation in | ||
a vote because of a conflict of interest. | ||
Sec. 3990.055. COMPENSATION. A director is entitled to | ||
receive fees of office and reimbursement for actual expenses as | ||
provided by Section 49.060, Water Code. Sections 375.069 and | ||
375.070, Local Government Code, do not apply to the board. | ||
[Sections 3990.056-3990.99 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3990.100. DISTRICT POWERS. (a) The district has all | ||
of the rights, powers, privileges, authority, functions, and duties | ||
provided by Chapters 375 and 383, Local Government Code, to county | ||
development districts and municipal management districts and by | ||
Chapters 49 and 54, Water Code, to municipal utility districts. | ||
(b) The district's rights, powers, privileges, authority, | ||
functions, and duties include, but are not limited to: | ||
(1) all of the rights, powers, privileges, authority, | ||
functions, and duties provided by Chapters 49 and 54, Water Code, to | ||
municipal utility districts, except that the district may not | ||
provide utility services; | ||
(2) the authority, after approval by voters at an | ||
election conducted within the boundaries of the district, to levy, | ||
assess and collect taxes for maintenance and operating purposes in | ||
the manner set forth in Sections 49.107(a)-(e), Water Code, and for | ||
the repayment of bonds, notes, warrants, lease purchase agreements, | ||
certificates of assessment, certificates of participation in lease | ||
purchase agreements, and other interest bearing obligations in the | ||
manner set forth in Sections 49.106(a)-(d), Water Code, and for all | ||
of the purposes for which the district may expend funds; | ||
(3) to establish, levy and collect special assessments | ||
in the manner specified in Sections 375.111-.124, Local Government | ||
Code; | ||
(4) to utilize funds, whether the funds are derived | ||
from ad valorem taxes, sales and use taxes, hotel occupancy taxes, | ||
assessments, revenues from the project, or any other sources for | ||
the payment of projects or services in the manner authorized by | ||
Section 375.181, Local Government Code, Chapter 383, Local | ||
Government Code, and Chapter 54, Water Code; | ||
(5) to enter into obligations, including by not | ||
limited to, lease purchase agreements, certificates of | ||
participation, general obligation bonds and notes, revenue bonds | ||
and notes, and combination general obligation and revenue bonds and | ||
notes, and other interest bearing obligations, in the manner | ||
specified in Sections 375.201-375.205, Local Government Code; | ||
(6) to exercise all of the rights, powers, and | ||
authority of a road district, a municipal management district, a | ||
municipal utility district and a water control and improvement | ||
district which are not specifically contradicted by Chapter 383, | ||
Local Government Code; | ||
(7) to exercise the rights, powers and authority given | ||
to a development corporation under Chapter 505, Local Government | ||
Code, including the power to own, operate, acquire, construct, | ||
lease, improve, or maintain a project described by that chapter; | ||
(8) to provide for public improvements as described in | ||
Section 372.003(b), Texas Local Government Code. | ||
(9) to exercise all of the rights, powers, and | ||
authority granted to the district by this Act, all of the rights, | ||
powers, and authority granted to the district by Chapters 383 and | ||
375, Local Government Code, and to a municipal utility district by | ||
Chapters 49 and 54, Water Code, which are not contrary to this Act, | ||
to finance, construct or acquire public improvements in the | ||
district, including costs of issuance of obligations of the | ||
district. | ||
(10) except as provided by Sec. [ ].107, to adopt the | ||
powers of a road district under Section 52(b)(3), Article III, | ||
Texas Constitution, in the manner specified in Sections 53.029(c) | ||
and (d), Water Code | ||
Sec. 3990.102. AGREEMENTS; GRANTS. (a) The district may | ||
make an agreement with, or accept a gift, grant, or loan from, any | ||
person. | ||
(b) The implementation of a project is a governmental | ||
function or service for the purposes of Chapter 791, Government | ||
Code. | ||
Sec. 3990.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT | ||
SERVICES. To protect the public interest, the district may | ||
contract with a qualified person, including the County or a | ||
municipality, for the provision of law enforcement services in the | ||
district for a fee. | ||
Sec. 3990.104. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The | ||
district may join and pay dues to a charitable or nonprofit | ||
organization that performs a service or provides an activity | ||
consistent with the furtherance of a district purpose. | ||
Sec. 3990.105. ECONOMIC DEVELOPMENT PROGRAMS. (a) The | ||
district may establish and provide for the administration of one or | ||
more programs to promote state or local economic development and to | ||
stimulate business and commercial activity in the district, | ||
including programs to: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(b) The district has all of the powers of a municipality | ||
under Chapter 380, Local Government Code. | ||
Sec. 3990.106. STRATEGIC PARTNERSHIP AGREEMENT. The | ||
district may negotiate and enter into a written strategic | ||
partnership with a municipality under Section 43.0751, Local | ||
Government Code. | ||
Sec. 3990.107. ROAD STANDARDS. (a) A road project must | ||
meet all applicable construction standards, zoning and subdivision | ||
requirements, and regulations of each municipality in whose | ||
corporate limits or extraterritorial jurisdiction the road project | ||
is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications for the project. | ||
Sec. 3990.108. NO EMINENT DOMAIN. The district may not | ||
exercise the power of eminent domain. | ||
[Sections 3990.109-3990.150 reserved for expansion] | ||
SUBCHAPTER D. PUBLIC PARKING FACILITIES | ||
Sec. 3990.151. PARKING FACILITIES AUTHORIZED; OPERATION BY | ||
PRIVATE ENTITY. (a) The district may acquire, lease as lessor or | ||
lessee, construct, develop, own, operate, and maintain parking | ||
facilities or a system of parking facilities, including: | ||
(1) lots, garages, parking terminals, or other | ||
structures or accommodations for parking motor vehicles off the | ||
streets; and | ||
(2) equipment, entrances, exits, fencing, and other | ||
accessories necessary for safety and convenience in parking | ||
vehicles. | ||
(b) A parking facility of the district may be leased to or | ||
operated on behalf of the district by an entity other than the | ||
district. | ||
(c) The district's parking facilities are a program | ||
authorized by the legislature under Section 52-a, Article III, | ||
Texas Constitution. | ||
(d) The district's parking facilities serve the public | ||
purposes of the district and are owned, used, and held for a public | ||
purpose even if leased or operated by a private entity for a term of | ||
years. | ||
Sec. 3990.152. RULES. The district may adopt rules | ||
governing the district's public parking facilities. | ||
Sec. 3990.153. FINANCING OF PUBLIC PARKING FACILITIES. (a) | ||
The district may use any of its resources, including revenue, | ||
assessments, taxes, or grant or contract proceeds, to pay the cost | ||
of acquiring or operating public parking facilities. | ||
(b) The district may: | ||
(1) set, charge, impose, and collect fees, charges, or | ||
tolls for the use of the district's public parking facilities; and | ||
(2) issue bonds or notes to finance the cost of the | ||
district's public parking facilities. | ||
[Sections 3990.154-3990.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 3990.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of the district's money. | ||
Sec. 3990.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may acquire, construct, finance, operate, or maintain | ||
any improvement or service authorized under this chapter or Chapter | ||
375, Local Government Code, using any money available to the | ||
district. | ||
Sec. 3990.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment for any | ||
purpose authorized by this chapter in all or any part of the | ||
district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(d) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 3990.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND | ||
ASSESSMENTS. The district may not impose an impact fee or | ||
assessment on the property, including the equipment, | ||
rights-of-way, facilities, or improvements, of: | ||
(1) an electric utility or a power generation company | ||
as defined by Section 31.002, Utilities Code; | ||
(2) a gas utility as defined by Section 101.003 or | ||
121.001, Utilities Code; | ||
(3) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(4) a person who provides to the public cable | ||
television or advanced telecommunications services. | ||
Sec. 3990.208. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held in accordance with Section 3990.212, | ||
the district may impose an annual operation and maintenance tax on | ||
taxable property in the district in accordance with Section 49.107, | ||
Water Code, for any district purpose, including to: | ||
(1) maintain and operate the district; or | ||
(2) construct or acquire public improvements. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
(c) Section 49.107(h), Water Code, does not apply to the | ||
district. | ||
Sec. 3990.210. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||
BONDS. (a) The district may borrow money on terms and conditions | ||
as determined by the board. Section 375.205, Local Government Code, | ||
does not apply to a loan, line of credit, or other borrowing from a | ||
bank or financial institution secured by revenue other than ad | ||
valorem taxes. | ||
(b) The district may issue bonds, notes, or other | ||
obligations payable wholly or partly from ad valorem taxes, sales | ||
and use taxes, assessments, impact fees, revenue, contract | ||
payments, grants, or other district money, or any combination of | ||
those sources of money, to pay for any authorized district purpose. | ||
(c) The limitation on the outstanding principal amount of | ||
bonds, notes, and other obligations set forth in Section 49.4645, | ||
Water Code, does not apply to the district. | ||
Sec. 3863.211. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct annual ad valorem tax, without limit as to rate or amount, | ||
while all or part of the bonds are outstanding as required and in | ||
the manner provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 3990.212. ELECTIONS REGARDING TAXES AND BONDS. (a) | ||
The district may issue, without an election, bonds, notes, and | ||
other obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 3863.209. | ||
(b) The district must hold an election in the manner | ||
provided by Subchapter L, Chapter 375, Local Government Code, to | ||
obtain voter approval before the district may impose an ad valorem | ||
tax or sales and use tax or issue bonds payable from ad valorem | ||
taxes. | ||
(c) Section 375.243, Local Government Code, does not apply | ||
to the district. | ||
(d) All or any part of any facilities or improvements which | ||
may be acquired by a district by the issuance of its bonds may be | ||
included in one single proposition to be voted on at the election or | ||
the bonds may be submitted in several propositions. | ||
Sec. 3990.213. COMPETITIVE BIDDING. Subchapter I, Chapter | ||
49, Water Code, applies to the district. Sections 375.221 and | ||
375.223, Local Government Code, do not apply to the district. | ||
Sec. 3990.214. TAX AND ASSESSMENT ABATEMENTS. The district | ||
may grant in the manner authorized by Chapter 312, Tax Code, an | ||
abatement for a tax or assessment owed to the district. | ||
[Sections 3990.215-3990.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED | ||
PROPERTY | ||
Sec. 3990.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||
DESIGNATED PROPERTY. The district may define areas or designate | ||
certain property of the district to pay for improvements, | ||
facilities, or services that primarily benefit that area or | ||
property and do not generally and directly benefit the district as a | ||
whole. | ||
Sec. 3990.252. PROCEDURE FOR ELECTION. (a) Before the | ||
district may impose an ad valorem tax or issue bonds payable from ad | ||
valorem taxes of the area defined or property designated under | ||
Section 3863.251, the board must call and hold an election as | ||
provided by Section 2990.212 only in the defined area or in the | ||
boundaries of the designated property. | ||
(b) The board may submit the proposition to the voters on | ||
the same ballot to be used in another election. | ||
Sec. 3990.253. DECLARING RESULT AND ISSUING ORDER. (a) If | ||
a majority of the voters voting at the election approve the | ||
proposition or propositions, the board shall declare the results | ||
and by order shall establish the defined area and describe it by | ||
metes and bounds or designate the specific property. | ||
(b) A court may not review the board's order except on the | ||
ground of fraud, palpable error, or arbitrary and confiscatory | ||
abuse of discretion. | ||
Sec. 3990.254. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||
approval and adoption of the order described in Section 3990.253, | ||
the district may apply separately, differently, equitably, and | ||
specifically its taxing power and lien authority to the defined | ||
area or designated property to provide money to construct, | ||
administer, maintain, and operate services, improvements, and | ||
facilities that primarily benefit the defined area or designated | ||
property. | ||
Sec. 3990.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES | ||
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under | ||
Section 3990.253 is adopted, the district may issue bonds to | ||
provide for any land, improvements, facilities, plants, equipment, | ||
and appliances for the defined area or designated property. | ||
[Sections 3990.256-3990.300 reserved for expansion] | ||
SUBCHAPTER G. SALES AND USE TAX | ||
Sec. 3990.301. MEANINGS OF WORDS AND PHRASES. Words and | ||
phrases used in this subchapter that are defined by Chapters 151 and | ||
321, Tax Code, have the meanings assigned by Chapters 151 and 321, | ||
Tax Code. | ||
Sec. 3990.302. APPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. (a) Except as otherwise provided by this subchapter, | ||
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, | ||
apply to taxes imposed under this subchapter and to the | ||
administration and enforcement of those taxes in the same manner | ||
that those laws apply to state taxes. | ||
(b) Chapter 321, Tax Code, relating to municipal sales and | ||
use taxes, applies to the application, collection, change, and | ||
administration of a sales and use tax imposed under this subchapter | ||
to the extent consistent with this chapter, as if references in | ||
Chapter 321, Tax Code, to a municipality referred to the district | ||
and references to a governing body referred to the board. | ||
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, | ||
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not | ||
apply to a tax imposed under this subchapter. | ||
Sec. 3990.303. AUTHORIZATION; ELECTION. (a) The district | ||
may adopt a sales and use tax to serve the purposes of the district | ||
after an election in which a majority of the voters of the district | ||
voting in the election authorize the adoption of the tax. | ||
(b) The board by order may call an election to authorize a | ||
sales and use tax. The election may be held with any other district | ||
election. | ||
(c) The district shall provide notice of the election and | ||
shall hold the election in the manner prescribed by Section | ||
3990.212. | ||
(d) The ballots shall be printed to provide for voting for | ||
or against the proposition: "Authorization of a sales and use tax in | ||
the Williamson County Development District No. 1 at a rate not to | ||
exceed ____ percent." | ||
Sec. 3990.304. ABOLISHING SALES AND USE TAX. (a) Except as | ||
provided by Subsection (b), the board may abolish the sales and use | ||
tax without an election. | ||
(b) The board may not abolish the sales and use tax if the | ||
district has outstanding debt secured by the tax. | ||
Sec. 3990.305. SALES AND USE TAX RATE. (a) On adoption of | ||
the tax authorized by this subchapter, there is imposed a tax on the | ||
receipts from the sale at retail of taxable items in the district, | ||
and an excise tax on the use, storage, or other consumption within | ||
the district of taxable items purchased, leased, or rented from a | ||
retailer in the district during the period that the tax is in | ||
effect. | ||
(b) The board shall determine the rate of the tax, which may | ||
be in one-eighth of one percent increments not to exceed the maximum | ||
rate authorized by the district voters at the election. The board | ||
may decrease the tax rate to the extent it does not impair any | ||
outstanding debt or obligations payable from the tax. | ||
(c) The rate of the excise tax is the same as the rate of the | ||
sales tax portion of the tax and is applied to the sales price of the | ||
taxable item. | ||
[Sections 3990.306-3990.350 reserved for expansion] | ||
SUBCHAPTER H. HOTEL OCCUPANCY TAXES | ||
Sec. 3990.351. HOTEL OCCUPANCY TAX. (a) In this section, | ||
"hotel" has the meaning assigned by Section 156.001, Tax Code. | ||
(b) For purposes of this section, a reference in Chapter | ||
351, Tax Code, to a municipality is a reference to the district and | ||
a reference in Chapter 351, Tax Code, to the municipality's | ||
officers or governing body is a reference to the board. | ||
(c) Except as otherwise provided by this section, | ||
Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax | ||
authorized by this section, including the collection of the tax. | ||
(d) The district may impose a hotel occupancy tax and may | ||
use revenue from the tax for any district purpose that is also an | ||
authorized use of a municipality's hotel occupancy tax revenue | ||
under Chapter 351, Tax Code. | ||
(e) The board by order may impose, repeal, increase, or | ||
decrease the rate of a tax on a person who, under a lease, | ||
concession, permit, right of access, license, contract, or | ||
agreement, pays for the use or possession or for the right to the | ||
use or possession of a room that: | ||
(1) is in a hotel located in the district's boundaries; | ||
(2) costs $2 or more each day; and | ||
(3) is ordinarily used for sleeping. | ||
(f) The amount of the tax may not exceed seven percent of the | ||
price paid for a room in a hotel. | ||
(g) The district may examine and receive information | ||
related to the imposition of hotel occupancy taxes to the same | ||
extent as if the district were a municipality. | ||
SECTION 3. The Williamson County Development District No. 1 | ||
initially includes all territory contained in the following area: | ||
BEING a 148.88 acre tract of land situated in the Rachael Saul | ||
Survey, Abstract Number 551 and the Thomas P. Davy Survey, Abstract | ||
Number 169, in Williamson County, Texas, being all portion of the | ||
tracts of land described as Tract One and Tract Two in the deed to | ||
Pearson Ranch, LLC recorded in Document Number 2019122036, Official | ||
Public Records of Williamson County, Texas, and a portion of | ||
Pearson Ranch West, Phase 1, an addition in Williamson County, | ||
Texas recorded in Document Number 2021146789, Official Public | ||
Records of Williamson County, Texas, said 148.88 acre tract of land | ||
being more particularly described as follows; | ||
BEGINNING at a point in the north right-of-way line of North | ||
State Highway 45W (a variable width right-of-way) being the common | ||
south corner of said Pearson Ranch, LLC tract and a tract of land | ||
described as Tract 1 in the deed to JME-JFE Limited Partnership | ||
recorded in Document Number 2012056983, Official Public Records of | ||
Williamson County, Texas; | ||
THENCE South 68 degrees 25 minutes 02 seconds West, along the | ||
north right-of-way line of North State Highway 45W, a distance of | ||
95.48 feet to a point for corner; | ||
THENCE South 22 degrees 12 minutes 41 seconds West, | ||
continuing along the north right-of-way line of North State Highway | ||
45W, a distance of 27.72 feet to a point for corner; | ||
THENCE South 67 degrees 43 minutes 05 seconds West, | ||
continuing along the north right-of-way line of North State Highway | ||
45W, a distance of 1,426.94 feet to a point for corner; | ||
THENCE South 65 degrees 14 minutes 23 seconds West, | ||
continuing along the north right-of-way line of North State Highway | ||
45W, a distance of 228.74 feet to a point for the beginning of a | ||
circular curve to the right, having a radius of 2,844.79 feet and | ||
whose chord bears South 66 degrees 13 minutes 40 seconds West, a | ||
chord distance of 110.08 feet; | ||
THENCE Southwesterly, continuing along the north | ||
right-of-way line of North State Highway 45W and said circular | ||
curve to the left, through a central angle of 02 degrees 13 minutes | ||
02 seconds, an arc length of 110.09 feet to point for corner at the | ||
end of said curve; | ||
THENCE South 67 degrees 16 minutes 38 seconds West, | ||
continuing along the north right-of-way line of North State Highway | ||
45W, a distance of 12.96 feet to a point for corner; | ||
THENCE South 67 degrees 32 minutes 33 seconds West, | ||
continuing along the north right-of-way line of North State Highway | ||
45W, a distance of 830.67 feet to point for corner; | ||
THENCE South 68 degrees 18 minutes 17 seconds West, | ||
continuing along the north right-of-way line of North State Highway | ||
45W, a distance of 841.90 feet to point for corner in the north | ||
right-of-way line of the Southern Pacific Railroad (100' wide); | ||
THENCE North 69 degrees 12 minutes 37 seconds West, departing | ||
the north right-of-way line of North State Highway 45W and along the | ||
north right-of-way line of the Southern Pacific Railroad, a | ||
distance of 545.04 feet to a point for corner; | ||
THENCE North 00 degrees 07 minutes 59 seconds West, departing | ||
the north right-of-way line of the Southern Pacific Railroad, a | ||
distance of 275.22 feet to a point for corner; | ||
THENCE North 00 degrees 09 minutes 50 seconds West, a | ||
distance of 981.45 feet to a point for corner; | ||
THENCE North 68 degrees 46 minutes 14 seconds East, a | ||
distance of 1,549.15 feet to a point for corner; | ||
THENCE North 68 degrees 50 minutes 57 seconds East, a | ||
distance of 590.38 feet to a point for corner; | ||
THENCE North 17 degrees 54 minutes 02 seconds West, a | ||
distance of 1,320.44 feet to a point for corner; | ||
THENCE North 68 degrees 59 minutes 52 seconds East, a | ||
distance of 708.02 feet to a point for corner; | ||
THENCE South 17 degrees 54 minutes 30 seconds East, a | ||
distance of 1,137.92 feet to a point for corner; | ||
THENCE North 84 degrees 50 minutes 51 seconds East, a | ||
distance of 930.90 feet to a point for corner; | ||
THENCE South 10 degrees 36 minutes 54 seconds East, a | ||
distance of 674.79 feet to a point for corner; | ||
THENCE South 10 degrees 40 minutes 16 seconds East, a | ||
distance of 290.66 feet to a point for corner; | ||
THENCE South 10 degrees 37 minutes 54 seconds East, a | ||
distance of 417.94 feet to the POINT OF BEGINNING and CONTAINING a | ||
computed area of 155.79 acres, or 6,786,298 square feet of land, | ||
more or less. | ||
SAVE AND EXCEPT that portion located within the municipality, | ||
all of Lot 1, Block A, said Pearson Ranch West, Texas, Phase 1, | ||
being 6.909 acres or 300,970 square feet LEAVING A NET ACREAGE of | ||
148.88 acres or 6,485,328 square feet of land, more or less. | ||
SECTION 4. (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. (b) 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 have been fulfilled and accomplished. | ||
SECTION 5. 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, 2023. |