By:  De La Garza                                        H.B. No. 26
       72S40210 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the eligibility of an area with a history of and
    1-3  continuing problem with gang activity to be included in an
    1-4  enterprise zone.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 4, Texas Enterprise Zone Act (Article
    1-7  5190.7, Vernon's Texas Civil Statutes), is amended by amending
    1-8  Subsections (a) and (d) and adding Subsection (g) to read as
    1-9  follows:
   1-10        (a)  An area of a municipality, county, or combination of
   1-11  these local governments may be designated as an enterprise zone if
   1-12  it:
   1-13              (1)  has a continuous boundary;
   1-14              (2)  is at least one square mile in size but does not
   1-15  exceed the larger of the following:
   1-16                    (A)  10 square miles (exclusive of lakes,
   1-17  waterways, and transportation arteries); or
   1-18                    (B)  five percent of the area of the
   1-19  municipality, county, or combination of municipalities or counties
   1-20  nominating the area as an enterprise zone, but not more than 20
   1-21  square miles (exclusive of lakes, waterways, and transportation
   1-22  arteries);
   1-23              (3)  has been nominated as an enterprise zone in an
   1-24  ordinance or order adopted by the legislative body of the
    2-1  applicable municipality, county, or combination of municipalities
    2-2  or counties; and
    2-3              (4)  is an area with:
    2-4                    (A)  pervasive poverty, unemployment, and
    2-5  economic distress; or
    2-6                    (B)  a history of and continuing problem with
    2-7  gang activity.
    2-8        (d)  If an enterprise zone has been lawfully designated, the
    2-9  original nominating governing body or bodies, by ordinance or
   2-10  order, as appropriate, adopted following public hearing, may amend
   2-11  the original boundaries subject to the following limitations:
   2-12              (1)  the boundaries as amended must not exceed the
   2-13  original size limitations and boundary requirements set by this Act
   2-14  and may not exclude any part of the zone within the boundaries as
   2-15  originally designated;
   2-16              (2)  the enterprise zone must continue to meet all
   2-17  unemployment and economic distress or gang activity criteria
   2-18  throughout the zone as required by this Act;
   2-19              (3)  the governing body or bodies may not make more
   2-20  than one boundary amendment annually during the zone designation
   2-21  period; and
   2-22              (4)  the governing body or bodies must pay for each
   2-23  amendment a reasonable fee in an amount not to exceed $500 as
   2-24  specified by the department.
   2-25        (g)  For the purposes of this section, an area has a history
   2-26  of and continuing problem with a gang activity if the attorney
   2-27  general certifies to the department that the area has suffered and
    3-1  continues to suffer from substantial economic hardship caused by
    3-2  significant and repeated criminal activity committed by gang
    3-3  members.
    3-4        SECTION 2.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended,
    3-9  and that this Act take effect and be in force from and after its
   3-10  passage, and it is so enacted.