Bill Text: TX SB2210 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the creation of the Lancaster Logistics District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (N/A - Dead) 2021-05-10 - No action taken in committee [SB2210 Detail]

Download: Texas-2021-SB2210-Introduced.html

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87R9792 CXP-D
By: West S.B. No. 2210

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Lancaster Logistics District;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3907 to read as follows:
CHAPTER 3907. LANCASTER LOGISTICS DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3907.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Lancaster, Texas.
(3) "County" means Dallas County, Texas.
(4) "Director" means a board member.
(5) "District" means the Lancaster Logistics
District.
Sec. 3907.0102. NATURE OF DISTRICT. The Lancaster
Logistics District is a special district created under Sections 52
and 52-a, Article III, and Section 59, Article XVI, Texas
Constitution.
Sec. 3907.0103. PURPOSE; DECLARATION OF INTENT. (a) 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 the city, 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.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or county from providing the level
of services provided as of the effective date of the Act enacting
this chapter to the area in the district. The district is created
to supplement and not to supplant city or county services provided
in the district.
Sec. 3907.0104. 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 Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district and a county development district as
provided by general law and Sections 52 and 52-a, Article III, and
Section 59, Article XVI, Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(e) 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:
(A) improving, landscaping, and developing
certain areas in or adjacent to the district; and
(B) providing public services and facilities in
or adjacent to the district that are necessary for the restoration,
preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
Sec. 3907.0105. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter.
(b) The boundaries and field notes of the district contained
in Section 2 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 borrow money or issue any type of bonds or
other obligations described by this chapter for a purpose for which
the district is created or to pay the principal of and interest on
the bonds or other obligations;
(3) right to impose or collect an assessment or
collect other revenue;
(4) legality or operation; or
(5) right to contract.
Sec. 3907.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) 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;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
(b) If the city or county creates a tax increment
reinvestment zone described by Subsection (a), the city or county
and the board of directors of the zone, by contract with the
district, may grant money deposited in the tax increment fund to the
district to be used by the district for:
(1) the purposes permitted for money granted to a
corporation under Section 380.001(a), Local Government Code;
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district under this chapter; and
(3) funding services provided by the city to the area
in the district.
Sec. 3907.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3907.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3907.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven directors.
(b) Directors serve staggered four-year terms, with three
or four directors' terms expiring June 1 of each odd-numbered year.
Sec. 3907.0202. APPOINTMENT OF VOTING DIRECTORS. (a) The
mayor and other members of the governing body of the city shall
appoint as voting directors seven persons holding the following
positions:
(1) the mayor of the city;
(2) two members of the city's city council;
(3) the city's city manager;
(4) the city's finance director;
(5) the city's economic development director; and
(6) director of a Type B economic development
corporation authorized by the city.
(b) A person is appointed if a majority of the members of the
governing body, including the mayor, vote to appoint that person.
(c) Notwithstanding Section 3907.0201, if a person
discontinues serving in a position described by Subsection (a)
before the expiration of the person's term, the person's term
expires immediately and the mayor and other members of the
governing body of the city shall appoint a replacement in
accordance with that subsection.
Sec. 3907.0203. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3907.0204. 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;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3907.0205. COMPENSATION. A director is not entitled
to receive fees of office.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3907.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3907.0302. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers 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 under that
chapter.
Sec. 3907.0303. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3907.0304. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, 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. 3907.0305. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the city or county, to provide law enforcement services
in the district for a fee.
Sec. 3907.0306. 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. 3907.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) 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.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3907.0308. ELIGIBILITY FOR CERTAIN GRANTS.
Notwithstanding any other law, a retailer that has registered with
the district for eligible incentive programs is eligible to receive
a grant under the Texas Enterprise Fund program established under
Subchapter E, Chapter 481, Government Code, for a purpose specified
by Section 481.078 of that code. A rule applicable to the retailer
that requires the retailer to pay a certain wage to be eligible to
receive a grant under that section may not require a wage that
exceeds 75 percent of the prevailing wage of other eligible
retailers in the county.
Sec. 3907.0309. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
Sec. 3907.0310. PARKING FACILITIES. (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 lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) 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.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3907.0311. CONSERVATION AND RECLAMATION DISTRICT
POWERS. The district has the powers provided by the general laws
relating to conservation and reclamation districts created under
Section 59, Article XVI, Texas Constitution, including Chapters 49
and 54, Water Code.
Sec. 3907.0312. ROAD DISTRICT POWERS. The district has the
powers provided by the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code.
Sec. 3907.0313. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3907.0314. CONTRACT POWERS. The district may contract
with a governmental or private entity, on terms determined by the
board, to carry out a power or duty authorized by this chapter or to
accomplish a purpose for which the district is created.
Sec. 3907.0315. MUNICIPAL DEVELOPMENT DISTRICT POWERS. The
district may exercise the powers given to a municipal development
district under Chapter 377, Local Government Code, including the
power to own, operate, acquire, construct, lease, improve, or
maintain a project described by that chapter.
SUBCHAPTER D. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3907.0401. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service, including tourism and visitor facilities, using any money
available to the district, or contract with a governmental or
private entity and reimburse that entity for the provision, design,
construction, acquisition, improvement, relocation, operation,
maintenance, or financing of an improvement project, service, or
cost, for the provision of credit enhancement, or for any cost of
operating or maintaining the district or the issuance of district
obligations authorized under this chapter, Chapter 372, 375, or
377, Local Government Code, or Chapter 49 or 54, Water Code.
Sec. 3907.0402. LOCATION OF IMPROVEMENT PROJECT. An
improvement project may be inside or outside the district.
Sec. 3907.0403. IMPROVEMENT PROJECT AND SERVICE IN
DEFINABLE AREAS. The district may undertake an improvement project
or service that confers a special benefit on one or more definable
areas in the district that share a common characteristic or use and
levy and collect a special assessment on benefited property in the
district in accordance with:
(1) Chapter 372, Local Government Code; or
(2) Chapter 375, Local Government Code.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3907.0501. MONEY USED FOR IMPROVEMENTS, SERVICES, OR
OTHER EXPENSES. (a) The district may undertake and provide an
improvement project or service authorized by this chapter using any
money available to the district.
(b) The district may provide or secure the payment or
repayment of any cost or expense related to the establishment,
administration, and operation of the district and the district's
costs or share of the costs of a district contractual obligation or
debt through:
(1) a lease, installment purchase contract, or other
agreement with any person; or
(2) the imposition of taxes, user fees, concessions,
rentals, or other revenue or resources of the district.
Sec. 3907.0502. BORROWING MONEY; OBLIGATIONS. (a) The
district may borrow money for a district purpose, including the
acquisition or construction of improvement projects authorized by
this chapter and the reimbursement of a person who develops or owns
an improvement project authorized by this chapter, without holding
an election by issuing bonds, notes, time warrants, credit
agreements, or other obligations, or by entering into a contract or
other agreement payable wholly or partly from an assessment, a
contract payment, a grant, revenue from a zone created under
Chapter 311 or 312, Tax Code, sales and use taxes, hotel occupancy
taxes, other district revenue, or a combination of these sources.
(b) An obligation described by Subsection (a):
(1) may bear interest at a rate determined by the
board; and
(2) may include a term or condition as determined by
the board.
Sec. 3907.0503. ASSESSMENTS. (a) Except as provided by
Subsection (b), the district may impose an assessment on property
in the district, regardless of whether the property is contiguous,
to pay for an obligation described by Section 3907.0502 or for an
improvement project authorized under Section 3907.0401 in the
manner provided for:
(1) a district under Subchapter A, E, or F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
(b) The district may:
(1) adopt procedures for the collection of assessments
under this chapter that are consistent with the procedures for the
collection of a hotel occupancy tax under Chapter 351, Tax Code; and
(2) pursue remedies for the failure to pay an
assessment under this chapter that are available for failure to pay
a hotel occupancy tax under Chapter 351, Tax Code.
(c) The district may not impose an assessment on a
municipality, county, or other political subdivision.
Sec. 3907.0504. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3907.0505. IMPACT FEES; EXEMPTION. (a) The district
may impose an impact fee on property in the district, including an
impact fee on residential property, according to the benefit
received by the property.
(b) An impact fee for residential property must be for the
limited purpose of providing capital funding for:
(1) public water and wastewater facilities;
(2) drainage and storm water facilities; and
(3) streets and alleys.
(c) The district may not impose an impact fee on the
property, including equipment and facilities, of a public utility
provider or a cable operator as defined by 47 U.S.C. Section 522.
Sec. 3907.0506. RATES, FEES, AND CHARGES. The district may
establish, revise, repeal, enforce, and collect rates, fees, and
charges for the enjoyment, sale, rental, or other use of:
(1) an improvement project;
(2) a product resulting from an improvement project;
or
(3) another district facility, service, or property.
Sec. 3907.0507. PUBLIC SERVICE USER CHARGES. (a) The
district may establish user charges related to various public
services, including:
(1) the collection and treatment of wastewater;
(2) the operation of storm water facilities, including
the regulation of storm water for the protection of water quality in
the district; or
(3) the provision of septic tank maintenance services
inside and outside the district.
(b) The district may establish a user charge for the
provision of road improvements to be charged only to vehicles other
than passenger cars as that term is defined by Section 541.201,
Transportation Code.
Sec. 3907.0508. COSTS FOR IMPROVEMENT PROJECTS. The
district may undertake separately or jointly with other persons all
or part of the cost of an improvement project, including an
improvement project:
(1) for improving, enhancing, and supporting public
safety and security, fire protection and emergency medical
services, and law enforcement in or adjacent to the district;
(2) for improving, enhancing, providing, or
supporting tourism, recreation, housing, the arts, entertainment,
or economic development; or
(3) that confers a general benefit on the entire
district or a special benefit on a definable part of the district.
Sec. 3907.0509. TAX ABATEMENT. The district may enter into
a tax abatement agreement in accordance with the general laws of
this state authorizing and applicable to a tax abatement agreement
by a municipality.
SUBCHAPTER F. TAXES AND BONDS
Sec. 3907.0601. CONSENT OF CITY REQUIRED. The district may
not issue a bond until the city by ordinance or resolution has
consented to the issuance of the bond.
Sec. 3907.0602. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by assessments, contract payments, sales and
use taxes, hotel occupancy taxes, or any other revenue from any
source other than ad valorem taxes.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 3907.0603. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held under Section 3907.0602, the district may impose an
operation and maintenance tax on taxable property in the district
in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Notwithstanding Subsection (a), Section 49.107(f),
Water Code, does not apply to the district.
Sec. 3907.0604. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3907.0605. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
SUBCHAPTER G. SALES AND USE TAX
Sec. 3907.0701. MEANINGS OF WORDS AND PHRASES. A word or
phrase used in this subchapter that is defined by Chapter 151 or
321, Tax Code, has the meaning assigned by Chapter 151 or 321, Tax
Code, except to the extent inconsistent with Section 3907.0702(c).
Sec. 3907.0702. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) The provisions of Subchapters C, D, E, and F,
Chapter 321, Tax Code, relating to municipal sales and use taxes
apply to the application, collection, 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 of a municipality referred to the board.
(b) Sections 321.401-321.404 and 321.506, Tax Code, do not
apply to a tax imposed under this subchapter.
(c) Notwithstanding any other law, a location maintained in
the district by a retailer that has registered with the district for
eligible incentive programs is considered to be a place of business
of the retailer for all purposes under Chapter 321, Tax Code.
Sec. 3907.0703. AUTHORIZATION; ELECTION. (a) The district
may adopt, increase, reduce, or repeal the sales and use tax
authorized by this subchapter at an election in which a majority of
the voters of the district voting in the election approve the
adoption, increase, reduction, or repeal of the tax, as
applicable.
(b) The board by order shall call an election to adopt a
sales and use tax, and may call a subsequent election to increase,
reduce, or repeal the tax. The election shall be held on the first
authorized uniform election date that occurs after the time
required by Section 3.005, Election Code.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Chapter 54,
Water Code, for bond elections for municipal utility districts.
(d) The ballots shall be printed to provide for voting for
or against the following appropriate proposition:
(1) "Adoption of a ___ percent district sales and use
tax in the district";
(2) "Increase of the district sales and use tax in the
district from ___ percent to ___ percent";
(3) "Reduction of the district sales and use tax in the
district from ___ percent to ___ percent"; or
(4) "Repeal of the district sales and use tax in the
district."
Sec. 3907.0704. EFFECTIVE DATE OF TAX. A tax imposed under
this subchapter or the repeal or reduction of a tax under this
subchapter takes effect on the first day of the first calendar
quarter that occurs after the date the comptroller receives the
copy of the resolution as required by Section 321.405(b), Tax Code.
Sec. 3907.0705. SALES AND USE TAX RATE. (a) On adoption or
increase of the tax authorized by this subchapter, there is imposed
a tax at the rate approved at the election held under Section
3907.0703 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 in 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 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.
(c) The board may not adopt or increase a tax authorized
under this subchapter if the adoption or increase would cause the
combined tax rate of all local sales and use taxes in any location
in the district to exceed two percent.
Sec. 3907.0706. EXAMINATION AND RECEIPT OF INFORMATION.
The district may examine and receive information related to the
imposition of a sales and use tax to the same extent as if the
district were a municipality.
Sec. 3907.0707. ALTERNATIVE METHOD OF IMPOSITION.
Notwithstanding any other provision of this subchapter, the
district may impose the sales and use tax as provided by Subchapter
F, Chapter 383, Local Government Code, instead of as provided by the
other provisions of this subchapter.
SUBCHAPTER H. HOTEL OCCUPANCY TAX
Sec. 3907.0801. DEFINITION. In this subchapter, "hotel"
has the meaning assigned by Section 156.001, Tax Code.
Sec. 3907.0802. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) In this subchapter:
(1) a reference in Chapter 351, Tax Code, to a
municipality is a reference to the district; and
(2) a reference in Chapter 351, Tax Code, to the
governing body of a municipality is a reference to the board.
(b) Except as inconsistent with this subchapter, Subchapter
A, Chapter 351, Tax Code, governs a hotel occupancy tax authorized
by this subchapter, including the collection of the tax, subject to
the limitations prescribed by Sections 351.002(b) and (c), Tax
Code.
Sec. 3907.0803. TAX AUTHORIZED; TAX RATE. (a) The district
may impose a hotel occupancy tax for the purposes described by
Section 3907.0805.
(b) The amount of the tax may not exceed seven percent of the
price paid for a room in a hotel.
Sec. 3907.0804. INFORMATION. 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.
Sec. 3907.0805. USE OF HOTEL OCCUPANCY TAX. The district
may use the proceeds from a hotel occupancy tax imposed under this
subchapter for any of the district's purposes.
SUBCHAPTER I. DISSOLUTION OF DISTRICT
Sec. 3907.0901. DISSOLUTION. (a) Except as provided by
Subsection (b), the board:
(1) may dissolve the district; and
(2) shall dissolve the district on receipt of a
written petition requesting dissolution signed by the owners of 75
percent of the acreage of real property in the district.
(b) The board may not dissolve the district until the
district's outstanding indebtedness or contractual obligations
have been repaid or discharged.
(c) After the board dissolves the district, the board shall
transfer ownership of all district property and assets to the city.
Sec. 3907.0902. COLLECTION OF ASSESSMENTS AND OTHER
REVENUE. (a) If the dissolved district has bonds or other
obligations outstanding secured by and payable from assessments or
other revenue, other than revenue from ad valorem taxes, the city
shall succeed to the rights and obligations of the district
regarding enforcement and collection of the assessments or other
revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3907.0903. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes, subject to
the appropriation and availability of funds, the obligations of the
district, including any bonds or other debt payable from
assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 2. The Lancaster Logistics District initially
includes all the territory contained in the following area:
Point one being X-coordinate 2487319.3499 and Y-coordinate
6922754.9501; point two being X-coordinate 2489976.8360 and
Y-coordinate 6922802.8371; point three being X-coordinate
2489976.5470 and Y-coordinate 6922821.0920; point four coordinate
being X-coordinate 2490900.9402 and Y-coordinate 6923376.5099;
point five coordinate being X-coordinate 2495505.2010 and
Y-coordinate 6922797.4339; point six coordinate being X-coordinate
2495489.8450 and Y-coordinate 6922059.3209; point seven coordinate
being X-coordinate 2495214.5539 and Y-coordinate 6921983.1971;
point eight coordinate being X-coordinate 2496694.2750 and
Y-coordinate 6919496.9609; point nine coordinate being
X-coordinate 2498698.1710 and Y-coordinate 6920689.3210; point
ten coordinate being X-coordinate 2498726.2129 and Y-coordinate
6920634.2001; point eleven coordinate being X-coordinate
2498805.9631 and Y-coordinate 6920500.8519; point twelve
coordinate being X-coordinate 2498796.2469 and Y-coordinate
6920495.1121; point thirteen coordinate being X-coordinate
2498898.7221 and Y-coordinate 6920297.9941; point fourteen
coordinate being X-coordinate 2499954.9900 and Y-coordinate
6918250.7731; point fifteen coordinate being X-coordinate
2500020.1171 and Y-coordinate 6918110.0939; point sixteen
coordinate being X-coordinate 2500080.2210 and Y-coordinate
6917974.0879; point seventeen coordinate being X-coordinate
2501523.9560 and Y-coordinate 6914304.8499; point eighteen
coordinate being X-coordinate 2502404.900 and Y-coordinate
6912498.8971; point nineteen coordinate being X-coordinate
2509785.2731 and Y-coordinate 6912621.3969; point twenty
coordinate being X-coordinate 2509784.7859 and Y-coordinate
6912516.9240; point twenty-one coordinate being X-coordinate
2511570.355 and Y-coordinate 6912541.7871; point twenty-two
coordinate being X-coordinate 2511587.5750 and Y-coordinate
6911573.8750; point twenty-three coordinate being X-coordinate
2512533.9012 and Y-coordinate 6910000.6351; point twenty-four
coordinate being X-coordinate 2512535.9911 and Y-coordinate
6909888.3341; point twenty-five coordinate being X-coordinate
2514614.8242 and Y-coordinate 6909900.3249; point twenty-six
coordinate being X-coordinate 2514667.2709 and Y-coordinate
6907264.8200; point twenty-seven coordinate being X-coordinate
2516211.5549 and Y-coordinate 6907280.1011; point twenty-eight
coordinate being X-coordinate 2516170.0251 and Y-coordinate
6909912.8849; point twenty-nine coordinate being X-coordinate
2516946.5971 and Y-coordinate 6909919.5909; point thirty
coordinate being X-coordinate 2516993.7056 and Y-coordinate
6907258.3197; point thirty-one coordinate being X-coordinate
2516509.1658 and Y-coordinate 6907250.5887; point thirty-two
coordinate being X-coordinate 2516562.6831 and Y-coordinate
6904328.2619; point thirty-three coordinate being X-coordinate
2518941.8539 and Y-coordinate 6904396.1190; point thirty-four
coordinate being X-coordinate 2518942.9661 and Y-coordinate
6904330.5266; point thirty-five coordinate being X-coordinate
2521292.8380 and Y-coordinate 6904353.2700; point thirty-six
coordinate being X-coordinate 2521316.5316 and Y-coordinate
6903392.5640; point thirty-seven coordinate being X-coordinate
2521325.3878 and Y-coordinate 6903318.4772; point thirty-eight
coordinate being X-coordinate 2521356.7041 and Y-coordinate
6901414.3310; point thirty-nine coordinate being X-coordinate
2521314.1169 and Y-coordinate 6901357.4309; point forty coordinate
being X-coordinate 2520845.1837 and Y-coordinate 6901221.6041;
point forty-one coordinate being X-coordinate 2523173.3261 and
Y-coordinate 6897291.2340; point forty-two coordinate being
X-coordinate 2523244.9020 and Y-coordinate 6897194.1689; point
forty-three coordinate being X-coordinate 2524477.9399 and
Y-coordinate 6895996.1168; point forty-four coordinate being
X-coordinate 2524485.6109 and Y-coordinate 6895956.3610; point
forty-five coordinate being X-coordinate 2523167.6889 and
Y-coordinate 6895076.4838; point forty-six coordinate being
X-coordinate 2523003.0869 and Y-coordinate 6894897.7000; point
forty-seven coordinate being X-coordinate 2522594.3801 and
Y-coordinate 6894104.8188; point forty-eight coordinate being
X-coordinate 2522330.1201 and Y-coordinate 6893908.7850; point
forty-nine coordinate being X-coordinate 2522247.3023 and
Y-coordinate 6893900.8585; point fifty coordinate being
X-coordinate 2522298.0339 and Y-coordinate 6893422.8851; point
fifty-one coordinate being X-coordinate 2522299.8639 and
Y-coordinate 6893221.8930; point fifty-two coordinate being
X-coordinate 2522428.7511 and Y-coordinate 6892115.8841; point
fifty-three coordinate being X-coordinate 2522455.3282 and
Y-coordinate 6892072.8300; point fifty-four coordinate being
X-coordinate 2522783.9161 and Y-coordinate 6890942.7621; point
fifty-five coordinate being X-coordinate 2523200.1459 and
Y-coordinate 6889672.9999; point fifty-six coordinate being
X-coordinate 2523291.9161 and Y-coordinate 6889500.2738; point
fifty-seven coordinate being X-coordinate 2523921.1051 and
Y-coordinate 6888507.0298; point fifty-eight coordinate being
X-coordinate 2522118.6710 and Y-coordinate 6887405.6878; point
fifty-nine coordinate being X-coordinate 2520266.7928 and
Y-coordinate 6886458.2150; Follow County Line; point sixty
coordinate being X-coordinate 2508923.9081 and Y-coordinate
6886331.4737; Follow County Line; point sixty-one coordinate being
X-coordinate 2508923.0819 and Y-coordinate 6886389.0478; point
sixty-two coordinate being X-coordinate 2505363.5704 and
Y-coordinate 6886346.2066; point sixty-three coordinate being
X-coordinate 2505341.5829 and Y-coordinate 6887205.9681; point
sixty-four coordinate being X-coordinate 2504421.4269 and
Y-coordinate 6888730.5680; point sixty-five coordinate being
X-coordinate 2504480.8641 and Y-coordinate 6888746.8019; point
sixty-six coordinate being X-coordinate 2505069.5749 and
Y-coordinate 6888754.9298; point sixty-seven coordinate being
X-coordinate 2505053.1891 and Y-coordinate 6889813.4569; point
sixty-eight coordinate being X-coordinate 2506131.2040 and
Y-coordinate 6890461.3828; point sixty-nine coordinate being
X-coordinate 2508565.2680 and Y-coordinate 6890496.5989; point
seventy coordinate being X-coordinate 2508984.1921 and
Y-coordinate 6889922.9849; point seventy-one coordinate being
X-coordinate 2509296.0231 and Y-coordinate 6890161.8850; point
seventy-two coordinate being X-coordinate 2510032.4718 and
Y-coordinate 6889160.5334; point seventy-three coordinate being
X-coordinate 2510906.7689 and Y-coordinate 6889830.2358; point
seventy-four coordinate being X-coordinate 2511682.7841 and
Y-coordinate 6888816.9179; point seventy-five coordinate being
X-coordinate 2511710.0281 and Y-coordinate 6889181.3739; point
seventy-six coordinate being X-coordinate 2511687.6791 and
Y-coordinate 6889793.4288; point seventy-seven coordinate being
X-coordinate 2511699.9025 and Y-coordinate 6889820.6908; point
seventy-eight coordinate being X-coordinate 2512223.6879 and
Y-coordinate 6889858.5061; point seventy-nine coordinate being
X-coordinate 2512275.7101 and Y-coordinate 2512275.7101; point
eighty coordinate being X-coordinate 2512807.7149 and
Y-coordinate 6889018.9339; point eighty-one coordinate being
X-coordinate 2512888.3890 and Y-coordinate 6887628.7730; point
eighty-two coordinate being X-coordinate 2513533.5350 and
Y-coordinate 6887687.1981; point eighty-three coordinate being
X-coordinate 2513515.9100 and Y-coordinate 6888066.6842; point
eighty-four coordinate being X-coordinate 2515061.5713 and
Y-coordinate 6888231.1560; point eighty-five coordinate being
X-coordinate 2514579.5854 and Y-coordinate 6889037.4132; point
eighty-six coordinate being X-coordinate 2515904.4909 and
Y-coordinate 6889845.4060; point eighty-seven coordinate being
X-coordinate 2516408.3281 and Y-coordinate 6889003.1748; point
eighty-eight coordinate being X-coordinate 2516525.6691 and
Y-coordinate 6889074.7350; point eighty-nine coordinate being
X-coordinate 2517227.4840 and Y-coordinate 6887863.9848; point
ninety coordinate being X-coordinate 2517344.5329 and
Y-coordinate 6887934.0050; point ninety-one coordinate being
X-coordinate 2517530.8731 and Y-coordinate 6887623.9347; point
ninety-two coordinate being X-coordinate 2518048.6280 and
Y-coordinate 6887935.0329; point ninety-three coordinate being
X-coordinate 2518247.8851 and Y-coordinate 6887594.3780; point
ninety-four coordinate being X-coordinate 2519209.8950 and
Y-coordinate 6887849.1820; point ninety-five coordinate being
X-coordinate 2521863.3779 and Y-coordinate 6889450.9829; point
ninety-six coordinate being X-coordinate 2520747.6810 and
Y-coordinate 6891227.3439; Follow Creek Center Line; point
ninety-seven coordinate being X-coordinate 2517733.7280 and
Y-coordinate 6893404.5390; point ninety-eight coordinate being
X-coordinate 2518948.0829 and Y-coordinate 6894125.8909; point
ninety-nine coordinate being X-coordinate 2519460.9421 and
Y-coordinate 6894218.9790; point one hundred coordinate being
X-coordinate 2519477.5231 and Y-coordinate 6894274.4989; point
one hundred one coordinate being X-coordinate 2518991.4509 and
Y-coordinate 6894608.7239; point one hundred two coordinate being
X-coordinate 2518203.9659 and Y-coordinate 6895897.2138; point
one hundred three coordinate being X-coordinate 2517946.8821 and
Y-coordinate 6896222.1459; point one hundred four coordinate being
X-coordinate 2517545.9640 and Y-coordinate 6896594.0480; point
one hundred five coordinate being X-coordinate 2517520.0802 and
Y-coordinate 6896574.4631; point one hundred six coordinate being
X-coordinate 2517263.3281 and Y-coordinate 6896774.7829; point one
hundred seven coordinate being X-coordinate 2516678.0940 and
Y-coordinate 6895961.3419; point one hundred eight coordinate
being X-coordinate 2516354.2429 and Y-coordinate 6894968.9191;
Follow Creek Centerline; point one hundred nine coordinate being
X-coordinate 2512515.4101 and Y-coordinate 6896798.7691; point
one hundred ten coordinate being X-coordinate 2510070.9550 and
Y-coordinate 6895345.0449; point one hundred eleven coordinate
being X-coordinate 2510024.3681 and Y-coordinate 6895350.7392;
point one hundred twelve coordinate being X-coordinate
2509015.4410 and Y-coordinate 6897053.9060; point one hundred
thirteen coordinate being X-coordinate 2508879.8501 and
Y-coordinate 6897219.8690; point one hundred fourteen coordinate
being X-coordinate 2508718.2930 and Y-coordinate 6897470.1391;
Follow Creek Centerline; point one hundred fifteen coordinate
being X-coordinate 2505471.8339 and Y-coordinate 6897644.3520;
point one hundred sixteen coordinate being X-coordinate
2503937.3199 and Y-coordinate 6894473.5578; point one hundred
seventeen coordinate being X-coordinate 2503647.2129 and
Y-coordinate 6893979.4791; point one hundred eighteen coordinate
being X-coordinate 2498910.1699 and Y-coordinate 6887960.1109;
point one hundred nineteen coordinate being X-coordinate
2498769.1209 and Y-coordinate 6887734.4329; point one hundred
twenty coordinate being X-coordinate 2498011.9099 and
Y-coordinate 6886265.8380; Follow County Line; point one hundred
twenty-one coordinate being X-coordinate 2485456.5931 and
Y-coordinate 6886126.8941; Follow I-35E Centerline; point one
hundred twenty-two coordinate being X-coordinate 2484647.7811 and
Y-coordinate 6919718.5261; point one hundred twenty-three
coordinate being X-coordinate 2484655.4950 and Y-coordinate
6920045.0090; point one hundred twenty-four coordinate being
X-coordinate 2485123.7250 and Y-coordinate 6920060.6599; point one
hundred twenty-five coordinate being X-coordinate 2485180.0198
and Y-coordinate 6920152.8001; point one hundred twenty-six
coordinate being X-coordinate 2485328.5701 and Y-coordinate
6920236.7501; point one hundred twenty-seven coordinate being
X-coordinate 2486026.1310 and Y-coordinate 6920451.3770; point
one hundred twenty-eight coordinate being X-coordinate
2487116.2962 and Y-coordinate 6920496.6931; point one hundred
twenty-nine coordinate being X-coordinate 2487357.8219 and
Y-coordinate 6920522.3640; and finally, point one being
X-coordinate 2487319.3499 and Y-coordinate 6922754.9501.
SECTION 3. (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,
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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect September 1, 2021.