H.B. No. 2297
    1-1                                AN ACT
    1-2  relating to the incorporation of certain industrial development
    1-3  corporations and the projects, powers, and limitation of those
    1-4  corporations.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 2(14), Development Corporation Act of
    1-7  1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
    1-8  read as follows:
    1-9              (14)  "User" means an individual, partnership,
   1-10  corporation, or any other private entity, whether organized for
   1-11  profit or not for profit, or a city, county, district, or any other
   1-12  political subdivision, <or> public entity, or agency of the state
   1-13  or federal government.
   1-14        SECTION 2.  Section 4A, Development Corporation Act of 1979
   1-15  (Article 5190.6, Vernon's Texas Civil Statutes), as amended by
   1-16  S.B. No. 124, Acts of the 73rd Legislature, Regular Session, 1993,
   1-17  is amended by amending Subsections (i), (k), and (n) and adding
   1-18  Subsections (q) and (r) to read as follows:
   1-19        (i)  Except as provided by this subsection, the corporation
   1-20  may not undertake a project the primary purpose of which is to
   1-21  provide transportation facilities, solid waste disposal facilities,
   1-22  or air or water pollution control facilities. However, the
   1-23  corporation may provide those facilities to benefit property
   1-24  acquired for a project having another primary purpose. <The
    2-1  corporation may undertake a municipal water supply project and
    2-2  provide related transmission and treatment facilities connected
    2-3  with a municipally owned or operated water system or sewage
    2-4  system.>  The corporation may undertake a project the primary
    2-5  purpose of which is to provide:
    2-6              (1)  a general aviation business service airport that
    2-7  is an integral part of an industrial park; or
    2-8              (2)  port-related facilities to support waterborne
    2-9  commerce<; or>
   2-10              <(3)  any purpose authorized under Section 4B(a)(2) of
   2-11  this Act, if the corporation is in a city that is located wholly on
   2-12  an island that is adjacent to the Gulf of Mexico and is within 35
   2-13  miles of the Republic of Mexico or if the corporation is in a city
   2-14  that is located adjacent to the Gulf of Mexico and has a population
   2-15  of more than 250,000 according to the most recent federal decennial
   2-16  census>.
   2-17        (k)  On petition of 10 percent or more of the registered
   2-18  voters of the city requesting an election on the dissolution of the
   2-19  corporation, the governing body shall order an election on the
   2-20  issue at the next available uniform election date that is not less
   2-21  than 45 days after the date that the petition is filed.  The
   2-22  election must be conducted according to the applicable provisions
   2-23  of the Election Code.  The ballot for the election shall be printed
   2-24  to provide for voting for or against the proposition:  "Dissolution
   2-25  of the ________________ (name of the corporation)."  If a majority
   2-26  of voters voting on the issue approve the dissolution, the
   2-27  corporation shall continue operations only as necessary to pay the
    3-1  principal of and interest on its bonds and to meet obligations
    3-2  incurred before the date of the election and, to the extent
    3-3  practicable, shall dispose of its assets and apply the proceeds to
    3-4  satisfy those obligations.  When the last of the obligations is
    3-5  satisfied, any remaining assets of the corporation shall be
    3-6  transferred to the city, and the corporation is dissolved.  A tax
    3-7  imposed under this section may not be collected after the last day
    3-8  of the first calendar quarter beginning after notification to the
    3-9  comptroller by the corporation that the last of its obligations is
   3-10  satisfied.
   3-11        (n)  At an election called and held under Subsection (d) or
   3-12  (o) of this section, the city may also allow the voters to vote on
   3-13  a ballot proposition that limits the length of time that a sales
   3-14  and use tax may be imposed.  If a city elects to limit the period
   3-15  the sales and use tax may be imposed, there shall be added to the
   3-16  end of the ballot proposition prescribed by Subsection (m) of this
   3-17  section:  "to be imposed for ________ years" (the number of years
   3-18  to be inserted as appropriate).  The governing body of the city
   3-19  shall set the expiration date of the proposed tax to occur on the
   3-20  appropriate anniversary of the effective date of the tax.  A sales
   3-21  and use tax imposed for a limited period under this subsection
   3-22  expires on the date set by the governing body under this section or
   3-23  on an earlier date if, by a majority of the voters voting in an
   3-24  election held in the city, the tax is repealed.  If an earlier
   3-25  abolition election is held, Sections 321.102(a) and 321.402(b), Tax
   3-26  Code, apply to the date of repeal.  A tax that is approved without
   3-27  a limit on its period of imposition is effective until repealed by
    4-1  election.  Before the 60th day before the date that a tax is to
    4-2  expire, the governing body shall send a notice to the comptroller
    4-3  stating the expiration date of the tax.  Revenue collected after
    4-4  the expiration of the tax from the imposition of the tax after its
    4-5  expiration date shall be forwarded by the state to the governing
    4-6  body to be used to pay current bonded indebtedness of the
    4-7  municipality <retained by the state for state purposes and
    4-8  deposited to the credit of the general revenue fund if the tax
    4-9  revenue cannot be returned to the purchaser of taxable items on
   4-10  which the tax was paid>.  A municipality that has imposed a tax
   4-11  under this section may not extend the period of the tax's
   4-12  imposition or reimpose the tax after its expiration date.  If a
   4-13  city reduces the rate of an additional sales and use tax under
   4-14  Chapter 321, Tax Code, to impose a tax under this section for a
   4-15  limited period as provided under this subsection, and does not have
   4-16  an election to change the rate of the additional sales and use tax
   4-17  before the expiration date of the tax under this section, the rate
   4-18  of the additional sales and use tax under Section 321.101(b), Tax
   4-19  Code, in the city returns to its previous rate in effect at the
   4-20  time the tax imposed under this section was adopted on the
   4-21  expiration date of the tax under this section without having to
   4-22  hold an election under Chapter 321, Tax Code, to impose the
   4-23  increase in the rate.  <In addition, whether or not a time limit is
   4-24  imposed, at an election called and held under Subsections (d) and
   4-25  (o) of this section, nothing in this section shall be construed to
   4-26  prevent the city from also allowing the voters to vote on a ballot
   4-27  proposition that describes and limits, generally or specifically,
    5-1  the project or projects for which the proceeds of the sales and use
    5-2  tax may be used.>
    5-3        (q)  A corporation under this section may not assume a debt
    5-4  or make any expenditure to pay principal or interest on a debt if
    5-5  the debt existed before the date the city created the corporation.
    5-6        (r)  At an election called or held under Subsection (d) or
    5-7  (o) of this section, the city may also allow the voters to vote on
    5-8  a ballot proposition that limits the use of the sales and use tax
    5-9  to a specific project.  If a city elects to limit the use to a
   5-10  specific project, in the ballot proposition prescribed by
   5-11  Subsection (m) or (p) a description of the project shall be
   5-12  substituted in place of the words "new and expanded business
   5-13  enterprises."  When the last of its obligations for the specific
   5-14  project have been satisfied, the corporation shall send a notice to
   5-15  the comptroller stating that the sales and use tax imposed for the
   5-16  specific project may not be collected after the last day of the
   5-17  first calendar quarter beginning after the date of notification.  A
   5-18  sales and use tax imposed for a specific project under this
   5-19  subsection may not be collected after the last day of the first
   5-20  calendar quarter beginning after the date of the notification to
   5-21  the comptroller.  Revenue collected after the obligations for the
   5-22  specific project have been satisfied shall be forwarded by the
   5-23  state to the governing body to be used to pay current bonded
   5-24  indebtedness of the municipality.  A corporation that has been
   5-25  created to perform a specific project under this subsection may
   5-26  retain its corporate existence and perform other projects as may be
   5-27  approved by the voters of the city under an election called and
    6-1  held under Subsection (d) or (o) of this section.
    6-2        SECTION 3.  Section 4B, Development Corporation Act of 1979
    6-3  (Article 5190.6, Vernon's Texas Civil Statutes), as amended by
    6-4  S.B. No. 124, Acts of the 73rd Legislature, Regular Session, 1993,
    6-5  is amended by amending Subsections (a) and (e) and adding
    6-6  Subsections (a-1), (a-2), and (n) to read as follows:
    6-7        (a)  In this section:
    6-8              (1)  "Eligible city" means a city:
    6-9                    (A)  that is located <wholly or partly> in a
   6-10  county with a population of 750,000 or more, according to the most
   6-11  recent federal decennial census and in which the combined rate of
   6-12  all sales and use taxes imposed by the city, the state, and other
   6-13  political subdivisions of the state having territory in the city
   6-14  does not exceed 7.25 percent on the date of any election held under
   6-15  or made applicable to this section; <or>
   6-16                    (B)  that has a population of 400,000 <150,000>
   6-17  or more, according to the most recent federal decennial census, and
   6-18  that is located in more than one county, and in which the combined
   6-19  rate of all sales and use taxes imposed by the city, the state, and
   6-20  other political subdivisions of the state having territory in the
   6-21  city, including taxes under this section, does not exceed 8.25
   6-22  percent; or
   6-23                    (C)  to which Section 4A of this Act applies.
   6-24              (2)  "Project" means land, buildings, equipment,
   6-25  facilities, and improvements included in the definition of that
   6-26  term under Section 2 of this Act and land, buildings, equipment,
   6-27  facilities, and improvements found by the board of directors to:
    7-1                    (A)  be required or suitable for use for
    7-2  professional and amateur (including children's) sports, athletic,
    7-3  entertainment, tourist, convention, and public park purposes and
    7-4  events, including stadiums, ball parks, auditoriums, amphitheaters,
    7-5  concert halls, learning centers, parks and park facilities, open
    7-6  space improvements, municipal buildings, museums, exhibition
    7-7  facilities, and related store, restaurant, concession, and
    7-8  automobile parking facilities, related area transportation
    7-9  facilities, and related roads, streets, and water and sewer
   7-10  facilities, and other related improvements that enhance any of
   7-11  those items; or
   7-12                    (B)  promote or develop new or expanded business
   7-13  enterprises, including a project to provide public safety
   7-14  facilities, streets and roads, drainage and related improvements,
   7-15  demolition of existing structures, general municipally owned
   7-16  improvements, as well as any improvements or facilities that are
   7-17  related to any of those projects and any other project that the
   7-18  board in its discretion determines promotes or develops new or
   7-19  expanded business enterprises.
   7-20        (a-1)  A corporation may undertake a project under this
   7-21  section unless within 60 days after first publishing notice of a
   7-22  specific project or type of general project the governing body of
   7-23  the city receives a petition from more than 10 percent of the
   7-24  registered voters of the city where the petition requests that an
   7-25  election be held before that specific project or that general type
   7-26  of project is undertaken.  An election is not required to be held
   7-27  after the submission of a petition if the qualified citizens of the
    8-1  city have previously approved the undertaking of a specific project
    8-2  or that general type of project at an election called for that
    8-3  purpose by the governing body of the city or in conjunction with
    8-4  another election required to be held under this section.
    8-5        (a-2)  The costs of a publicly owned and operated project
    8-6  that is purchased or constructed under this section include the
    8-7  maintenance and operating costs of the project, and the proceeds of
    8-8  taxes may be used to pay the maintenance and operating costs of a
    8-9  project, unless within 60 days after first publishing notice of
   8-10  this specific use of the proceeds of the taxes the governing body
   8-11  of the city receives a petition from more than 10 percent of the
   8-12  registered voters of the city where the petition requests that an
   8-13  election be held before the proceeds of taxes imposed under this
   8-14  section may be used to pay the maintenance and operating costs of a
   8-15  project.  An election is not required to be held after the
   8-16  submission of a petition if the qualified citizens of the city have
   8-17  previously approved that the costs of a publicly owned and operated
   8-18  project purchased or constructed under this section include the
   8-19  maintenance and operating costs of the project and that the
   8-20  proceeds of taxes may be used to pay the maintenance and operating
   8-21  costs of a project, at an election called for that purpose by the
   8-22  governing body of the city or in conjunction with another election
   8-23  required to be held  under this section.  The election in this
   8-24  subsection shall not be required in a municipality located in a
   8-25  county with a population in excess of 750,000 that has held an
   8-26  election prior to February 1, 1993, under this section and at which
   8-27  election the additional sales tax was approved.
    9-1        (e)  The rate of a tax adopted under this section must be
    9-2  one-eighth, one-fourth, three-eighths, or one-half of one percent.
    9-3  The ballot proposition at the election held to adopt the tax must
    9-4  specify the rate of the tax to be adopted.  A corporation that
    9-5  holds an election to reduce a tax imposed under Section 4A of this
    9-6  Act may in a separate proposition on the same ballot adopt a tax
    9-7  under this section.  If an eligible city adopts the tax, a tax is
    9-8  imposed on the receipts from the sale at retail of taxable items
    9-9  within the eligible city at the rate approved at the election <a
   9-10  rate equal to one-half of one percent>.  There is also imposed an
   9-11  excise tax on the use, storage, or other consumption within the
   9-12  eligible city of tangible personal property purchased, leased, or
   9-13  rented from a retailer during the period that the tax is effective
   9-14  within the eligible city.  The rate of the excise tax is the same
   9-15  as the rate of the sales tax portion of the tax and is applied to
   9-16  the sale price of the tangible personal property.
   9-17        (n)  Before expending funds to undertake a project, a
   9-18  corporation under this section shall hold at least one public
   9-19  hearing on the proposed project.
   9-20        SECTION 4.  Section 4A(l), Development Corporation Act of
   9-21  1979 (Article 5190.6, Vernon's Texas Civil Statutes), as added by
   9-22  Section 1, Chapter 634, Acts of the 72nd Legislature, Regular
   9-23  Session, 1991, is repealed.
   9-24        SECTION 5.  A corporation created before the effective date
   9-25  of this Act under Section 4A, Development Corporation Act of 1979
   9-26  (Article 5190.6, Vernon's Texas Civil Statutes), may undertake a
   9-27  project authorized by Section 4B of that Act as if the project were
   10-1  authorized by the voters after the effective date of this Act if,
   10-2  before an election held before the effective date of this Act to
   10-3  authorize the levy of a sales and use tax for the benefit of the
   10-4  corporation, the corporation's intent to undertake that project was
   10-5  widely publicized in the city for which the corporation was
   10-6  created.
   10-7        SECTION 6.  This Act takes effect September 1, 1993.
   10-8        SECTION 7.  The importance of this legislation and the
   10-9  crowded condition of the calendars in both houses create an
  10-10  emergency and an imperative public necessity that the
  10-11  constitutional rule requiring bills to be read on three several
  10-12  days in each house be suspended, and this rule is hereby suspended.