Texas Local Government Code 334.041 – General Powers
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(a) A municipality or county may perform any act necessary to the full exercise of the municipality’s or county’s powers under this chapter.
(b) A municipality or county may acquire, sell, lease, convey, or otherwise dispose of property or an interest in property, including an approved venue project, under terms and conditions determined by the municipality or county. In a transaction with another public entity that is made as provided by this subsection, the public purpose found by the legislature under § 334.044 is adequate consideration for the municipality or county and the other public entity.
Terms Used In Texas Local Government Code 334.041
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
(c) A municipality or county may contract with a public or private person, including a sports team, club, organization, or other entity to:
(1) plan, acquire, establish, develop, construct, or renovate an approved venue project; or
(2) perform any other act the municipality or county is authorized to perform under this chapter, other than conducting an election under this chapter.
(d) A municipality or county may contract with or enter into an interlocal agreement with a school district, junior or community college district, or an institution of higher education as defined by § 61.003, Education Code, for a purpose described by Subsection (c). The contract or interlocal agreement may provide for joint ownership and operation or joint use.
(e) The competitive bidding laws, including Chapter 271, do not apply to the planning, acquisition, establishment, development, construction, or renovation of an approved venue project under this chapter.
(f) A municipality or county may not use revenue derived from ad valorem taxes to construct, operate, maintain, or renovate a venue that is part of an approved venue project. This provision does not apply to:
(1) a venue authorized under § 334.001(4)(D) or (F); or
(2) a county or municipality for which the use of revenue derived from ad valorem taxes to finance a venue project is approved at an election held under § 334.0241.