By Duncan H.B. No. 1841
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to economic development corporations; providing that
1-3 agencies of the federal government may be deemed "users" under the
1-4 terms of this act; providing for elections to be held on either
1-5 specific or general purpose propositions; and providing for an
1-6 election for the dissolution of such corporations.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Article 5190.6, Sec. 2, Subsection 14, Vernon's
1-9 Texas Civil Statutes, is amended to read as follows:
1-10 (14) "User" means an individual, partnership, corporation or
1-11 any other private entity, whether organized for profit or not for
1-12 profit, the federal or state governments, or a city, county,
1-13 district or any other political subdivision, agency or public
1-14 entity of the state or federal government.
1-15 SECTION 2. Article 5190.6, Sec. 4A, subsection (k), Vernon's
1-16 Texas Civil Statutes, is amended to read as follows:
1-17 (k) On petition of 10 percent or more of the registered
1-18 voters of the city requesting an election on the dissolution of the
1-19 corporation, the governing body shall order an election on the
1-20 issue at the next available uniform election date that is not less
1-21 than 45 days after the date that the petition is filed. The
1-22 election must be conducted according to the applicable provisions
1-23 of the Election Code. The ballot for the election shall be printed
2-1 to provide for voting for or against the proposition: "Dissolution
2-2 of the ________________ (name of the corporation)." If a majority
2-3 of voters voting on the issue approve the dissolution, the
2-4 corporation shall continue operations only as necessary to pay the
2-5 principal of and interest on its bonds and to meet obligations
2-6 incurred before the date of the election and, to the extent
2-7 practicable, shall dispose of its assets and apply the proceeds to
2-8 satisfy those obligations. When the last of the obligations is
2-9 satisfied, any remaining assets of the corporation shall be
2-10 transferred to the city, and the corporation is dissolved. A tax
2-11 imposed under this section may not be collected after the last day
2-12 of the first calendar quarter beginning after notification to the
2-13 comptroller by the corporation that the last of its obligations is
2-14 satisfied.
2-15 SECTION 3. Article 5190.6, Section 4A(1), as added by
2-16 Section 1, Chapter 634, Acts of the 72nd Legislature, Regular
2-17 Session, 1991, is repealed.
2-18 SECTION 4. Art. 5190.6, Section 4A, Vernon's Texas Civil
2-19 Statutes, is amended by adding a new subsection (q) as follows:
2-20 (q) At an election called or held under Subsection (d) or
2-21 (o) of this section, the city may also allow the voters to vote on
2-22 a ballot proposition that limits the use of the sales and use tax
2-23 to a specific project. If a city elects to limit the use to a
2-24 specific project, there shall be added to the ballot proposition
2-25 prescribed by Subsection (m) and (p) in place of the words "new and
3-1 expanded business enterprises" language describing the specific
3-2 project for which the sales and use tax will be dedicated. A sales
3-3 and use tax imposed for a specific project under this subsection
3-4 may not be collected after the last day of the first calendar
3-5 quarter beginning after notification to the comptroller by the
3-6 corporation that the last of its obligations for the specific
3-7 project have been satisfied. A corporation that has been created
3-8 to perform a specific project under this subsection may retain its
3-9 corporate existence and perform such other projects as may be
3-10 approved by the voters of the city pursuant to Subsection (d) or
3-11 (o).
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.