73R6640 DWS-F
By Martin H.B. No. 1683
Substitute the following for H.B. No. 1683:
By Yarbrough C.S.H.B. No. 1683
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility of a municipality to create an economic
1-3 development corporation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4A, Development Corporation Act of 1979
1-6 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
1-7 amending Subsections (a) and (i) and adding Subsection (i-1) to
1-8 read as follows:
1-9 (a) This section applies only to a city:
1-10 (1) located in a county with a population of 500,000
1-11 or fewer according to the most recent federal decennial census; or
1-12 (2) with a population of fewer than 50,000 according
1-13 to the most recent federal decennial census that:
1-14 (A) is located in two or more counties, one of
1-15 which has a population of 500,000 or greater according to the most
1-16 recent federal decennial census;
1-17 (B) is located within the territorial limits but
1-18 has not elected to become a part of a metropolitan rapid transit
1-19 authority that has a principal city with a population of less than
1-20 1.2 million according to the most recent federal decennial census,
1-21 with such authority being created before January 1, 1980, under
1-22 Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
1-23 (Article 1118x, Vernon's Texas Civil Statutes); <or>
1-24 (C) is located within the territorial limits but
2-1 has not elected to become a part of a metropolitan rapid transit
2-2 authority that has a principal city with a population of more than
2-3 750,000 according to the most recent federal decennial census, with
2-4 such authority being created under Chapter 683, Acts of the 66th
2-5 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
2-6 Civil Statutes); or
2-7 (D) contains or is contiguous to an industrial
2-8 and commercial port serving the Gulf of Mexico.
2-9 (i) Except as provided by this subsection or by Subsection
2-10 (i-1) of this section, the corporation may not undertake a project
2-11 the primary purpose of which is to provide transportation
2-12 facilities, solid waste disposal facilities, or air or water
2-13 pollution control facilities. However, the corporation may provide
2-14 those facilities to benefit property acquired for a project having
2-15 another primary purpose. The corporation may undertake a municipal
2-16 water supply project and provide related transmission and treatment
2-17 facilities connected with a municipally owned or operated water
2-18 system or sewage system. The corporation may undertake a project
2-19 the primary purpose of which is to provide:
2-20 (1) a general aviation business service airport that
2-21 is an integral part of an industrial park; or
2-22 (2) port-related facilities to support waterborne
2-23 commerce.
2-24 (i-1) Notwithstanding Subsection (i) of this section, the
2-25 corporation may undertake a project found by the board of directors
2-26 of the corporation to promote or develop new or expanded business
2-27 enterprises, including a project to provide public safety
3-1 facilities, streets and roads, drainage and related improvements,
3-2 demolition of existing structures, convention centers, tourist
3-3 centers, learning centers, exhibition facilities, municipal
3-4 buildings, general municipally owned improvements, as well as any
3-5 improvements or facilities that are related to any of those
3-6 projects and any other project that the board in its discretion
3-7 determines promotes or develops new or expanded business
3-8 enterprises. A finding made by the board of directors of the
3-9 corporation for purposes of this subsection is conclusive.
3-10 SECTION 2. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.