SB2828 - Relating to the creation and operation of a science park district in certain counties that may impose assessments, fees, and taxes.

  89R11351 MCF-F     By: Parker S.B. No. 2828       A BILL TO BE ENTITLED   AN ACT   relating to the creation and operation of a science park district in   certain counties that may impose assessments, fees, and taxes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 12, Local Government Code, is   amended by adding Chapter 398 to read as follows:   CHAPTER 398. SCIENCE PARK DISTRICTS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 398.001.  DEFINITIONS. In this chapter:                 (1)     "Board" means the board of directors of a   district.                 (2)  "Director" means a member of the board.                 (3)     "District" means a science park district created   under this chapter.           Sec.   398.002.     APPLICABILITY. This chapter applies only in   a county:                 (1)  with a population of 800,000 or more; or                 (2)     adjacent to a county with a population of 800,000   or more.           Sec.   398.003.     PURPOSE; DECLARATION OF INTENT.     (a) The   creation of a science park district under this chapter is essential   to accomplish the purposes of Section 52-a, Article III, Texas   Constitution, and other public purposes stated in this chapter.           (b)  The purpose of a science park district is to:                 (1)     promote scientific research and technological   innovation;                 (2)     support the establishment and growth of technology   companies;                 (3)     promote and encourage commercial development and   workforce development;                 (4)     facilitate collaboration between higher   education, the science and technology industry, and government; and                 (5)  support the development of infrastructure.           (c)     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.   SUBCHAPTER B. CREATION OF DISTRICT; TEMPORARY BOARD           Sec.   398.051.     CREATION OF SCIENCE PARK DISTRICT. (a) The   owner or owners of territory composed of 1,000 or more contiguous   acres may petition the Texas Economic Development and Tourism   Office for creation of a district for that territory.           (b)  A petition described by Subsection (a) must:                 (1)     describe the territory to be included in the   proposed district; and                 (2)     demonstrate that the territory meets the   requirements of Section 398.052.           (c)     If the Texas Economic Development and Tourism Office   determines that a petition described by Subsection (a) conforms to   the requirements of this chapter and that the creation of the   district would be of benefit to the territory to be included in the   district, the office may approve the creation of the district and   appoint the temporary board in accordance with Section 398.053.           (d)     If the Texas Economic Development and Tourism Office   finds that the petition does not conform to the requirements of this   chapter or that the creation of the district is not of benefit to   the territory in the proposed district, the office shall either   deny the petition or require petitioners to amend the petition.           Sec.   398.052.     REQUIREMENTS FOR DISTRICT TERRITORY. The   territory for which a district may be created under this chapter   must:                 (1)     have access to reliable, high-capacity electric   generation or storage;                 (2)     have access to abundant and sustainable water   sources;                 (3)     be located near a major transportation network,   including a major highway, rail line, seaport, or international   airport; and                 (4)  include a minimum of 1,000 contiguous acres.           Sec.   398.053.     TEMPORARY BOARD.     (a) After the Texas   Economic Development and Tourism Office approves the creation of a   district, the office shall request the appointment of a temporary   board of directors for the district to include:                 (1)     three temporary directors appointed by the   governor;                 (2)     three temporary directors appointed by the   lieutenant governor; and                 (3)     three temporary directors appointed by the speaker   of the house of representatives.           (b)     A temporary director appointed under this section must   have knowledge or experience in at least one of the following areas:                 (1)  scientific research or technological innovation;                 (2)  economic policy;                 (3)  real estate and infrastructure analysis;                 (4)  environment and sustainability;                 (5)  risk assessment;                 (6)     finance, including cost-benefit analyses, capital   expenditures, and return on investment calculations;                 (7)  public and private stakeholder engagement;                 (8)  land or infrastructure development; or                 (9)  workforce or higher education.           (c)  The temporary board shall:                 (1)  develop a strategic plan for the district;                 (2)  approve initial projects and resource allocation;                 (3)     establish policies for the operation and   development of the district; and                 (4)     submit to the governor, comptroller of public   accounts, and members of the legislature a report detailing the   activities, expenditures, and progress of the district on the first   and second anniversaries of the creation of the district.           (d)     The temporary board has all of the powers and duties of a   board elected under Subchapter C.           (e)     The temporary directors shall serve staggered terms of   one or two years. At the first meeting of the temporary board, the   directors shall draw lots to determine which four directors serve a   term of one year and which five directors serve a term of two years.           (f)     A vacancy in the office of temporary director shall be   filled by appointment by the appropriate appointing official.           (g)     An official who appoints a temporary director may   appoint a successor temporary director if the term of the director   expires before the election called for the director's successor   under Section 398.101 is held.   SUBCHAPTER C. DISTRICT ADMINISTRATION           Sec.   398.101.     BOARD OF DIRECTORS; TERMS.     (a) The district   is governed by a board of nine elected directors.           (b)  Directors serve staggered two-year terms.           (c)     The temporary board shall call an election for four   director positions to be held on a uniform election date under   Section 41.001, Election Code, as soon as practicable after the   district is created.   The board shall call an election for the   remaining five director positions to be held on an authorized   uniform election date under Section 41.001, Election Code, in the   year following the first election.             (d)     A temporary director, or a successor temporary   director, serves until the date a successor for the director is   elected.           (e)     The election shall be held in accordance with the   Election Code, to the extent not inconsistent with this chapter.           (f)     A vacancy in the office of director shall be filled by   the remaining members of the board for the unexpired term.           Sec.   398.102.     QUALIFICATIONS. To serve as a director, a   person must be at least 18 years old and:                 (1)     a qualified voter of the county in which the   district is located;                 (2)     an owner of stock, whether beneficial or   otherwise, of a corporate owner of property in the district;                 (3)     an owner of a beneficial interest in a trust that   owns property in the district; or                 (4)     an agent, employee, or tenant of a person covered   by Subdivision (1), (2), or (3).           Sec.   398.103.     BOND. The board may require an officer or   employee to execute a bond payable to the district and conditioned   on the faithful performance of the person's duties.           Sec.   398.104.     COMPENSATION; EXPENSES.     (a) A director   serves without compensation but may be reimbursed for a reasonable   and necessary expense incurred in performing an official duty.           (b)  To receive reimbursement under Subsection (a):                 (1)     the director must report the expense to the board;   and                 (2)  the board must approve the expense.           Sec.   398.105.     REMOVAL OF DIRECTOR. A majority of the   directors, after notice and hearing, may remove a director for   misconduct or failure to carry out the director's duties.           Sec.   398.106.     OFFICERS. The directors shall select from   among the directors a president, a vice president, a secretary, and   any other officers the board considers necessary.           Sec.   398.107.     MEETINGS.     (a) A board shall hold regular   meetings at times to be fixed by the board or special meetings as   necessary.           (b)     The board shall hold its meetings at a designated   meeting place.           Sec.   398.108.     QUORUM; OFFICERS' DUTIES.     (a) Five   directors constitute a quorum and a concurrence of five is   sufficient in any matter relating to the business of the district.           (b)     The president presides at all board meetings and is the   chief executive o [Text truncated for display. Full text available on LegiScan.]