Support legislation relating to the authority of certain municipalities to conduct an election to change the description of a venue project by amending Section 334.024, Local Government Code, adding subparagraph (g) to read as follows:

Section 334.024. Election

• (a) If the comptroller determines under Section 334.022 or 334.023 that the implementation of the resolution will not have a significant negative fiscal impact on state revenue, and, if applicable, the rapid transit authority determines under Section 334.0235 or 334.0236 that the implementation will not have a significant negative impact on the authority’s ability to provide service and will not impair any existing contracts, the governing body of the municipality or county may order an election on the question of approving and implementing the resolution.
  
• (b) The order calling the election must:
  • (1) allow the voters to vote separately on each venue project;
  • (2) designate the venue project;
  • (3) designate each method of financing authorized by this chapter that the municipality or county wants to use to finance the project and the maximum rate of each method;
  • (4) allow the voters to vote, in the same proposition or in separate propositions, on each method of financing authorized by this chapter that the municipality or county wants to use to finance the project and the maximum rate of each method.
• (c) The ballot at the election held under this section must be printed to permit voting for or against the proposition: “Authorizing ____ (insert name of municipality or county) to ____ (insert description of venue project) and to impose a ____ tax at the rate of ____ (insert the type of tax and the maximum rate of the tax) for the purpose of financing the venue project.”
• (d) If more than one method of financing is to be voted on in one proposition, the ballot must be printed to permit voting for or against the proposition: “Authorizing ____ (insert name of municipality or county) to ____ (Insert description of venue project) and to impose a _____ tax at the rate of ____ (insert each type of tax and the maximum rate of each tax) for the purpose of financing the venue project.”
• (e) The Election Code governs an election held under this chapter.
• (f) If the venue project is authorized by Section 334.001(4)(D) and the venue project does not include improvements and/or additions to all parks and/or recreation facilities of the municipality, the description of the venue project in the proposition, if for improvements or additions to an existing park or recreation facility, shall identify by name or location each park or recreation facility and, if for acquisition and/or improvement of a new park or recreation facility, the general location within the municipality of the new park, recreational system, or facility.
• (g) Notwithstanding Subsections (c) and (d) of this section, if a municipality or county is presently collecting taxes from one or more methods of financing and seeks to use a portion of the revenue from the tax or taxes to finance the venue project and does not seek to change the rate of tax or taxes, the ballot at the election or elections held under this section must be printed to permit voting for or against the proposition to change the venue project. “Authorizing ____ (insert name of municipality or county) to ____ (insert description of venue project) using a portion of existing ____ (insert type of tax or taxes) tax for the purpose of financing, improving and/or maintaining the project.”

This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided in Section 39, Article III, Texas Constitution. If this Act does not receive the votes necessary for immediate effect the Act takes effect on September 1, 2006.

 

 

The City of Laredo originally voted to finance a sports and community project for a multi-purpose entertainment arena (“The Laredo Entertainment Center”) and would now like to proceed to use part of the ¼ cent sales and use tax proceeds to finance improvements to the arena. The improvements would, if approved by the voters, include a water park and other recreational facilities on the premises as well as related infrastructure for use of professional or amateur sports events or any other sports events including promotional events and other civic or park events. In order to take the proposition to the electorate an amendment to the enabling legislation is necessary and therefore the proposed legislation to amend Section 334.024 Election, of the Texas Local Government Code.