BILL ANALYSIS


                                                        S.B. 1642
                                                      By: Ratliff
                                             Economic Development
                                                          4-12-95
                                       Committee Report (Amended)
BACKGROUND

Section 4A of the Industrial Development Corporation Act was
created in 1989 to allow cities in counties of 500,000 or less to
vote to collect an additional sales tax to develop new industries
in their communities. Section 4B of the Act was created in 1991 to
allow cities in larger counties to undertake other types of
projects not authorized under Section 4A. During the 73rd
Legislature, H.B. 2297 was passed to allow 4A cities the
opportunity to create a 4B corporation in order to take advantage
of a broader list of projects. Some confusion now exists for cities
eligible to create both 4A and 4B corporations.

PURPOSE

As proposed, S.B. 1642 provides for industrial development
corporations created by certain cities and streamlines the process
for 4A cities intending to undertake 4B projects or vice versa.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 4A and 4B, Article 5190.6, V.T.C.S.
(Development Corporation Act of 1979), as follows:

     Sec. 4A. AUTHORIZATION TO LEVY SALES TAX FOR INDUSTRIAL
     DEVELOPMENT. (a) ELIGIBLE CITY. Defines "eligible city."
     
     (b)(1) CREATION OF CORPORATION. Authorizes an eligible city
       to create a corporation under this Act governed by this
       section. Provides that the corporation has the powers and is
       subject to the limitations of a corporation created under
       other provisions of this Act. Provides that to the extent of
       a conflict between this section and another provision of
       this Act, this section prevails. Requires the articles of
       incorporation of a corporation to state that the corporation
       is governed by this section and may include within its name
       any words and phrases specified by the eligibility.
       Prohibits a city from creating more than one corporation
       governed by this section.
       
       (2) SPENDING FOR PROMOTION. Provides that a corporation
         created under this section may spend no more than 10
         percent of its revenues for promotional purposes and may
         contract with other existing private corporations to carry
         out industrial development programs consistent with the
         purposes and duties provided by this Act.
         
         (3) TRANSFER OF ASSETS FROM CORPORATION CREATED UNDER THIS
         ACT. Authorizes a corporation created under this Act that
         is not created under this section to transfer all of its
         assets to a corporation governed by this section and
         dissolve as provided by this Act, on approval of the
         governing body of each unit and corporation involved.
         
         (c) BOARD OF DIRECTORS AND GOVERNANCE. Provides that the
       board of directors of a corporation consists of seven
       directors who are appointed by the governing body of the
       eligible city for two-year terms of office. Authorizes a
       director to be removed by the governing body of the eligible
       city at any time without cause. Requires each director to be
       a resident of the eligible city. Requires at least three
       directors to be persons who are not employees, officers, or
       members of the governing body of the eligible city. Provides
       that a majority of the entire membership of the board is a
       quorum. Requires the board to conduct all meetings within
       the boundaries of the eligible city. Requires the board to
       appoint a president, a secretary, and other necessary
       officers. Requires the corporation's registered agent to be
       an individual resident of the state and the corporation's
       registered office to be within the boundaries of the
       eligible city. Provides that a corporation created before
       September 1, 1995, that has a board of directors consisting
       of five directors continues to have a five-member board
       unless the governing body of the eligible city establishes
       a seven-member board.
       
       (d)(1) AUTHORITY TO LEVY SALES TAX. Authorizes the governing
       body of an eligible city by ordinance to levy a sales and
       use tax for the benefit of the corporation if the tax is
       authorized by a majority of the qualified voters of the
       eligible city voting at an election called and held for that
       purpose. Provides that this election requirement is
       satisfied and another election is not required if the voters
       of the eligible city approved the levy and collection of an
       additional one-half cent sales and use tax at an election
       held before March 28, 1991, under an ordinance calling the
       election that was published in a newspaper of general
       circulation within the eligible city at least 14 days in
       advance of the election and that stated that the election
       was held in anticipation of the enactment of enabling and
       implementing legislation without further elections.
       
       (2) IMPOSITION AND RATE OF SALES TAX. Provides that if an
         eligible city adopts the tax, a tax is imposed on the
         receipts from the sale at retail of taxable items within
         the eligible city at the rate approved at the election.
         Requires the rate of a tax adopted under this section to
         be one-eighth, one-fourth, three-eighths, or one-half of
         one percent. Prohibits the rate adopted from resulting in
         a combined rate of all sales and use taxes imposed by the
         city and other political subdivisions having territory in
         the city that exceeds two percent. Provides that an
         election adopting a rate that exceeds the limit on the
         combined rate has no effect. Provides that there is also
         imposed an excise tax on the use, storage, or other
         consumption within the city of taxable items purchased,
         leased, or rented from a retailer during the period that
         the tax is effective within the city. Provides that the
         rate of the excise tax is the same as the rate of the
         sales tax portion of the tax and is applied to the sales
         price of the taxable items.
         
         (3) APPLICATION OF CHAPTER 321, TAX CODE. Provides that
         Chapter 321, Tax Code (Municipal Sales and Use Tax Act)
         governs an election to authorize the imposition of the
         sales and use tax under this section and governs the
         imposition, computation, administration, governance,
         abolition, and use of the tax except as inconsistent with
         this section. Provides that if an election is held under
         this section at the same time an election is held to
         impose or change the rate of the additional municipal
         sales and use tax, the tax under this section takes
         effect, at the option of the city and the imposition or
         change in rate of the additional municipal sales and use
         tax takes effect as provided by Section 321.102(b), Tax
         Code. Provides that after the effective date of the taxes
         imposed under this section, the adoption of a sales and
         use tax or the attempted adoption of a sales and use tax
         by the eligible city or any other taxing jurisdiction
         having territory in the city does not impair the taxes
         imposed under this section.
         
         (e)(1) BALLOT PROPOSITION -- GENERAL. Sets forth the
       language of the ballot required for voting on the tax under
       this section.
       
       (2) BALLOT PROPOSITION -- TIME LIMIT. Authorizes the city,
         at an election called and held under Subsection (d) of
         this section, to allow the voters to vote on a ballot
         proposition that limits the length of time that a sales
         and use tax may be imposed. Provides that if a city elects
         to limit the period the sales and use tax may be imposed,
         there shall be added language on the ballot proposition.
         Requires the governing body of the city to set the
         expiration date of the proposed tax to occur on the
         appropriate anniversary of the effective date of the tax.
         Provides that a sales and use tax imposed for a limited
         period under this subsection expires on the date set by
         the governing body or on an earlier date if the tax is
         repealed by a majority of the voters voting in an election
         held in the city. Provides that if an earlier abolition
         election is held, Sections 321.102(a) and 321.402(b), Tax
         Code, apply to the date of repeal. Provides that a tax
         that is approved without a limit on its period of
         imposition is effective until repealed by election.
         Requires the governing body, before 90 days before the tax
         is to expire, to send a notice to the comptroller stating
         the expiration date of the tax. Requires revenue collected
         after the expiration of the tax to be forwarded by the
         state to the governing body to be used to pay current
         bonded indebtedness of the municipality. Prohibits a
         municipality that has imposed a tax under this section
         from extending the period of the tax's imposition and from
         reimposing the tax after its expiration date unless the
         reimposition of the tax is approved by a majority of the
         qualified voters of the city voting at an election called
         and held for that purpose. Provides that if a city reduces
         the rate of an additional sales and use tax under Chapter
         321, Tax Code, to impose a tax under this section for a
         limited period, and does not have an election to change
         the rate of the additional sales and use tax before the
         expiration date of the tax, on the expiration date of the
         tax, the rate of the additional sales and use tax returns,
         without an election to its previous rate in effect when
         the tax imposed under this section was adopted.
         
         (3) BALLOT PROPOSITION -- REDUCE OR INCREASE TAX RATE.
         Authorizes a city in which a sales and use tax has been
         imposed under this section to reduce or increase the tax
         by majority vote of the qualified voters of the city
         voting at an election called and held for that purpose in
         the same manner as an election to impose the tax.
         Authorizes the rate to be reduced in one or more
         increments of one-eighth of one percent to a minimum of
         one-eighth of one percent or increased in one or more
         increments of one-eighth of one percent to a maximum of
         one-half of one percent. Requires the governing body of
         the city, on petition of 10 percent or more of the
         registered voters of the city requesting an election on
         the increase or decrease of the tax under this section, to
         order an election on the issue. Requires the ballot to be
         printed in the same manner as the ballot under Subdivision
         (1) of this subsection.
         
         (4) BALLOT PROPOSITION -- COMBINE WITH REDUCTION IN
         PROPERTY TAX. Authorizes a city that is authorized by this
         section to impose, reduce, increase, or abolish the tax
         under this section to, at the same time and on the same
         ballot, impose, reduce, increase, or abolish the
         additional sales and use tax imposed under Section
         321.101(b), Tax Code, if the city is authorized by Chapter
         321, Tax Code, to impose, reduce, increase, or abolish the
         additional sales and use tax. Requires the city, to do so,
         to follow the procedures of Chapter 321, Tax Code, except
         that in an election to impose, reduce, increase, or
         abolish the tax under this section and the additional
         sales and use tax the ballot shall contain certain
         language.
         
         (f)(1) DISSOLUTION OF CORPORATION. Requires the governing
       body, by order of the city's governing body, or on petition
       of 10 percent or more of the registered voters of the city
       requesting an election on the dissolution of the
       corporation, to order an election on the dissolution of the
       corporation at the next available uniform election date that
       is not less than 45 days after the order is issued or the
       petition is filed. Requires the election to be conducted
       according to the applicable provisions of the Election Code.
       
       (2) BALLOT PROPOSITION FOR DISSOLUTION ELECTION. Sets
         forth the language for the ballot for the election.
         Requires the corporation, if a majority of voters voting
         on the issue approve the dissolution, to continue
         operation only as necessary to pay the principal of and
         interest on its bonds and to meet obligations incurred
         before the date of the election and, to the extent
         practicable, to dispose of its assets and apply the
         proceeds to satisfy those obligations. Provides that the
         remaining assets of the corporation, when the last of the
         obligations is satisfied, shall be transferred to the
         city, and the corporation is dissolved. Prohibits a tax
         imposed under this section from being collected after the
         last day of the first calendar quarter beginning after
         notification to the comptroller by the corporation that
         the last of its obligations is satisfied.
         
         (g)(1) AUTHORIZED USE OF SALES TAX PROCEEDS. Requires the
       eligible city, on receipt of the proceeds of the sales and
       use tax imposed under this section from the comptroller, to
       deliver the proceeds to the corporation. Authorizes tax
       proceeds to be used to pay the costs of a project authorized
       by this section.
       
       (2) DEFINITION OF AUTHORIZED PROJECT. Defines "project."
         
         (3) IMPROVEMENTS ANCILLARY TO PROJECT. Provides that a
         project includes the cost of transportation facilities,
         water supply facilities, sewage or solid waste disposal
         facilities, air or water pollution control facilities, and
         other improvements ancillary and directly beneficial to a
         project. Prohibits a corporation from using revenues from
         the sales tax authorized under this section for a project
         the primary purpose of which is to provide transportation
         facilities, water supply facilities, air or water
         pollution control facilities, or other municipal
         facilities for the benefit of the general public, except
         as provided by Section 4B of this Act.
         
         (4) PROJECT DEBT SERVICE COSTS. Provides that a project
         includes any payments toward the principal of, interest
         on, and other costs relating to bonds or other obligations
         issued by the corporation to pay the costs of a project or
         to refund bonds or other obligations issued to pay the
         cost of a project. Prohibits the bonds or any instrument
         related to the bonds from giving a bondholder a right to
         demand payment from tax proceeds in excess of those
         collected from the tax imposed by this section.
         
         (5) AUTHORIZATION LIMITED TO SPECIFIC PROJECT. Authorizes
         a city, at an election called or held under Subsection (d)
         of this section, to allow the voters to vote on a ballot
         proposition that limits the use of the sales and use tax
         to a specific project authorized by this subsection. Sets
         forth language for the ballot if a city elects to limit
         the use to a specific project. Requires the corporation,
         when the last of its obligations for the specific project
         have been satisfied, to send a notice to the comptroller
         stating that the sales and use tax imposed for the
         specific project may not be collected after the last day
         of the first calendar quarter beginning after the date of
         notification. Prohibits a sales and use tax imposed for a
         specific project from being collected after the last day
         of the first calendar quarter beginning after the date of
         notification to the comptroller. Requires revenue
         collected after the obligations for the specific project
         have been satisfied to be forwarded by the state to the
         governing body to be used to pay current bonded
         indebtedness of the municipality. Authorizes a corporation
         that has been created to perform a specific project under
         this subsection to remain in existence and perform other
         projects approved by the voters of the city under an
         election called and held under Subsection (d) of this
         section.
         
         (6) ASSUMPTION OF PREEXISTING DEBT. Prohibits a
         corporation from assuming a debt or making any expenditure
         to pay principal or interest on a debt, if the debt
         existed before the date the city created the corporation.
         
         (h) EMINENT DOMAIN. Authorizes a corporation to exercise the
       power of eminent domain only on approval of the action by
       the governing body of the eligible city. Requires the power
       to be exercised in accordance with and subject to the laws
       applicable to the eligible city.
       
       (i) GOVERNMENTAL IMMUNITY UNDER TORT CLAIMS ACT. Provides
       that the corporation, a director of the corporation, the
       city creating the corporation, a member of the governing
       body of the city, or an employee of the corporation or city
       is not liable for damages arising from the performance of a
       governmental function of the corporation or city. Provides
       that for the purposes of Chapter 101A, Civil Practice and
       Remedies Code, the corporation is a governmental unit and
       its actions are governmental functions.
       
       (j) OWNERSHIP OF PROJECTS UNDER TAX CODE. Provides that the
       legislature finds for all constitutional and statutory
       purposes that projects undertaken under this section are
       owned, used, and held for public purposes for and on behalf
       of the eligible city incorporating the corporation, and
       Section 23(b) of this Act and Section 25.07(a), Tax Code, do
       not apply to leasehold or other possessory interests granted
       by the corporation during the period projects are owned by
       the corporation on behalf of the eligible city. Provides
       that projects are exempt from taxation under Section 11.11,
       Tax Code, for that period.
       
       (k) SECTION 24 APPLICABILITY. Provides that Section 24 of
       this Act does not apply to a corporation under this section.
       
       Sec. 4B. AUTHORIZATION TO LEVY SALES TAX FOR OTHER THAN
     INDUSTRIAL DEVELOPMENT. (a) ELECTION. Authorizes a city that
     creates a corporation under Section 4A of this Act to submit
     to the voters of the city, at a separate election or at an
     election held under another provision of this Act, a ballot
     proposition that authorizes the corporation to use the sales
     and use tax for a specific project or for a specific category
     of projects that does not qualify under Section 4A of this Act
     but qualifies under the expanded project definition in
     Subsection (c) of this section.
     
     (b) BALLOT PROPOSITION -- SPECIFIC PROJECT OR SPECIFIC
       CATEGORY OF PROJECTS. Requires a project or category of
       projects, in the election to authorize the use of the sales
       or use tax for a specific project or for a specific category
       of projects not authorized under Section 4A of this Act, to
       be clearly described on the ballot so that the average voter
       will be able to discern the limits that will control the
       expenditure of the proceeds of the tax. Provides that if
       maintenance and operating costs of an otherwise authorized
       facility are to be paid from the sales or use tax, the
       ballot language must clearly state that fact.
       
       (c)(1) EXPANDED "PROJECT" DEFINITION. Defines "project" and
       "category of projects."
       
       (2) MUNICIPAL FACILITIES. Provides that municipal facility
         projects are land, buildings, equipment, facilities, and
         improvements found by the board of directors to be
         required or suitable for certain uses.
         
         (3) EXPANDED BUSINESS ENTERPRISES. Provides that expanded
         business enterprise projects are land, buildings,
         equipment, facilities, and improvements found by the board
         of directors to promote or develop new or expanded
         business enterprises.
         
         (d) SPECIFIC PROJECT UNDER GENERAL AUTHORITY. Authorizes a
       corporation, if the corporation has previously held an
       election authorizing a category of projects, to undertake a
       project of the general type described by the category unless
       within 60 days after the first publishing notice of the
       project the governing body of the  city receives a petition
       signed by more than 10 percent of the registered voters of
       the city requesting that an election be held before that
       specific project is undertaken. Authorizes the corporation,
       if such petition is submitted, to undertake the project only
       if the specific project is approved at a subsequent
       election.
       
       (e)(1) PREVIOUS ELECTION IN CERTAIN CITIES. Provides that an
       election under Section 4A(d) of this Act is not required to
       carry out a project under this section in a city that is
       located in a county with a population in excess of 750,000
       if a sales and use tax was approved under this section at an
       election held before February 1, 1993.
       
       (2) BOND REQUIREMENTS. Authorizes bonds or other
         obligations, in a city to which Subdivision (1) of this
         section applies, having a maturity  not longer than 30
         years and issued to pay the costs of projects of the types
         authorized by this section to be payable from any source
         of funds available to the corporation, including the
         proceeds of a sales and use tax imposed under this
         section. Prohibits the sum of the principal amount of
         bonds and other obligations that by their terms are
         payable in whole or in part from the sales and use tax
         plus the amount of the costs of the projects, other than
         interest on bonds and other obligations, for which payment
         is made in cash directly from the proceeds of the tax from
         exceeding $135 million. Provides that the bonds or other
         obligations that by their terms are payable from the tax
         from being paid in whole or part from property taxes
         raised by the eligible city, are not a debt of the
         eligible city, and do not give rise to a claim for payment
         against the eligible city except as to sales and use tax
         revenue held by a city and required under this section to
         be paid over to the corporation.
         
         (3) EXPIRATION OF SALES AND USE TAX. Prohibits a sales and
         use tax imposed for a project under this section, in a
         city to which Subdivision (1) of this subsection applies,
         from being collected after the last day of the first
         calendar quarter occurring after notification to the
         comptroller by the corporation that all bonds or other
         obligations of the corporation that are payable in whole
         or in part from the proceeds of the sales and use tax
         under this section, including any refunding bonds or other
         obligations, have been paid in full or the full amount of
         money, exclusive of guaranteed interest, necessary to pay
         in full the bonds and other obligations has been set aside
         in a trust account dedicated to the payment of the bonds
         and other obligations. Deletes existing Sections 4A and
         4B.
         
         SECTION 2. INDUSTRIAL DEVELOPMENT SALES TAX ELECTION. Provides that
all acts and procedures of a municipality in calling and holding an
industrial sales tax election under authority of Section 4B,
Article 5190.6, V.T.C.S., on a nonuniform election date before
January 1, 1995, declaring the results thereof, and declaring the
purpose for which the sales tax proceeds authorized at such an
election may be used are validated as of the dates on which they
occurred.

SECTION 3. (a) Provides that a corporation created before the
effective date of this Act under Section 4A or 4B, Article 5190.6,
V.T.C.S. (Development Corporation Act of 1979), continues to exist
on and after the effective date of this Act as if the corporation
were created under Section 4A, Article 5190.6, V.T.C.S., as amended
by this Act. Authorizes the city that created the corporation to
continue to collect any tax authorized for the benefit of the
corporation before the effective date of this Act, and the
corporation may continue to undertake any project authorized for
the corporation before the effective date of this Act. Subjects the
tax and project to the same restriction applicable under Sections
4A and 4B as those sections existed immediately before the
effective date of this Act. Provides that a tax authorized for the
corporation or project undertaken by the corporation on or after
the effective date of this Act is governed by Sections 4A and 4B as
those sections are amended by this Act.

     (b) Requires, before January 1, 1996, the articles of
     incorporation of a corporation created before the effective
     date of this Act under Section 4B, Article 5190.6, V.T.C.S.,
     as it existed before amendment by this Act, to be amended to
     state that the corporation is governed by Section 4A of that
     Act.
     
     SECTION 4.     Emergency clause.
           Effective date: upon passage.