BILL ANALYSIS
C.S.H.B. 2860
By: Grusendorf
April 21, 1995
Committee Report (Substituted)
BACKGROUND
Chapter 312, Tax Code, the Property Redevelopment and Tax Abatement
Act, allows municipalities, counties, and other taxing entities to
enter into tax abatement agreements with property owners.
Communities grant tax abatements to help stimulate economic growth
in certain areas. Tax abatements may help to attract financial
investment which, in turn, can expand primary employment
opportunities. Currently, the Property Redevelopment and Tax
Abatement Act will expire September 1, 1995
PURPOSE
The bill establishes an option to certain school districts to grant
tax abatements. The bill also repeals the expiration provision of
Chapter 312, Tax Code, and reenacts the language in the Chapter
without the sunset provision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Chapter 312, Tax Code, is amended by adding Subchapter
D, TAX ABATEMENT IN SCHOOL DISTRICT REINVESTMENT ZONE.
312.501 DESIGNATION OF REINVESTMENT ZONE.
(a) A board of trustees may designate an area as a
reinvestment zone under the following criteria:
(1) It must comply with guidelines in Section
312.002 (Eligibility of Taxing Unit to Participate
in Tax Abatement);
(2) The district's wealth per student does not
exceed the equalized wealth level;
(3) The area is primarily undeveloped land
contiguous to an airport of a city with a
population of more than 400,000; and
(4) The area is a municipal utility district.
(b) Requires the board to conduct a public hearing and
find that the designation as a reinvestment zone would
contribute to primary employment in the zone and to the
economic development of the district.
(c) Requires the board to give notice of the hearing as
per Section 312.201 (Designation of Reinvestment Zone).
(d) Limits the designation to 10 years and then renewal
periods not longer than 5 years.
(e) Areas designated as reinvestment zones by either a
city or county remain eligible for this designation.
(f) Establishes definitions for "wealth per student" and
"equalized wealth level" to be the same as Section
36.001 (Definitions), Education Code.
312.502 SCHOOL DISTRICT TAX ABATEMENT AGREEMENT.
(a) A board of trustees may abate the school's portion
of ad valorem taxes on property of an individual who
donates real property to the school district for the
purpose of constructing a school. The tax abatement
does not take place until the donation is made.
(b) Sections 312.204 (Municipal Tax Abatement
Agreement), 312.2041 (Notice of Tax Abatement Agreement
to Other Taxing Units), 312.205 (Specific Terms of Tax
Abatement Agreement), and 312.208 (Modification or
Termination of Agreement), apply to a tax abatement
agreement under this section as if it were executed
under Subchapter B (Tax Abatement in Municipal
Reinvestment Zone).
(c) An abatement agreement made by another taxing unit
under this Chapter does not affect the authority of a
school district to make a tax abatement agreement under
this section.
(d) An abatement agreement made by a school district
under this Section does not affect the authority of
another taxing unit to make a tax abatement agreement
under this Chapter.
(e) Tax abatements may not apply to property owned by
a trustee of the school district.
SECTION 2. Repeals Section 312.006 (Expiration Date), Tax Code.
SECTION 3. Emergency Clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 2860 clarifies drafting errors in the original bill.
SUMMARY OF COMMITTEE ACTION
Public notice was posted in accordance with the rules, and a public
hearing was held on April 4, 1995. Representative Grusendorf
explained the bill. Without objection, H.B. 2625 was left pending
before the committee.
On April 18, 1995, the committee met in a public hearing, and H.B.
2860 was laid out on pending business. The committee considered a
complete substitute by Representative Craddick. Without objection,
the committee adopted C.S.H.B. 2860. By a record vote of 7 ayes,
0 nays, 1 present not voting and 3 absent, the committee voted to
report H.B. 2860 to the House as substituted with the
recommendation that it be sent to the Local & Consent Calendar, and
that it do pass.
Testimony received in favor of the bill (4/4/95):
William Geo. Gurasich, representing himself and the MC
Joint Venture