1-1        By:  Brimer (Senate Sponsor - Ratliff)           H.B. No. 788
    1-2        (In the Senate - Received from the House May 1, 1995;
    1-3  May 2, 1995, read first time and referred to Committee on Economic
    1-4  Development; May 18, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 6, Nays 0;
    1-6  May 18, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 788                  By:  Shapiro
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to industrial development corporations created by certain
   1-11  cities.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Sections 4A and 4B, Development Corporation Act
   1-14  of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), are
   1-15  amended to read as follows:
   1-16        Sec. 4A.  AUTHORIZATION TO LEVY SALES TAX FOR INDUSTRIAL
   1-17  DEVELOPMENT.  (a)  ELIGIBLE CITY.  In this section, "eligible city"
   1-18  means a city that at the time it creates a corporation under this
   1-19  section is not participating in an authority under:
   1-20              (1)  Chapter 141, Acts of the 63rd Legislature, Regular
   1-21  Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes);
   1-22              (2)  Chapter 683, Acts of the 66th Legislature, 1979
   1-23  (Article 1118y, Vernon's Texas Civil Statutes); or
   1-24              (3)  Article 1118z, Revised Statutes.
   1-25        (b)(1)  CREATION OF CORPORATION.  An eligible city may create
   1-26  a corporation under this Act governed by this section.  The
   1-27  corporation has the powers and is subject to the limitations of a
   1-28  corporation created under other provisions of this Act.  To the
   1-29  extent of a conflict between this section and another provision of
   1-30  this Act, this section prevails.  The articles of incorporation of
   1-31  a corporation under this section must state that the corporation is
   1-32  governed by this section and may include within its name any words
   1-33  and phrases specified by the city.
   1-34              (2)  Spending for Promotion.  A corporation created
   1-35  under this section may spend no more than 10 percent of its
   1-36  revenues for promotional purposes and may contract with other
   1-37  existing private corporations to carry out industrial development
   1-38  programs consistent with the purposes and duties provided by this
   1-39  Act.
   1-40              (3)  Transfer of Assets from Corporation Created Under
   1-41  this Act.  On approval of the governing body of each unit and
   1-42  corporation involved, a corporation created under this Act that is
   1-43  not created under this section may transfer all of its assets to a
   1-44  corporation governed by this section and dissolve as provided by
   1-45  this Act.
   1-46        (c)  Board of Directors and Governance.  The board of
   1-47  directors of a corporation under this section consists of seven
   1-48  directors who are appointed by the governing body of the city for
   1-49  two-year terms of office.  A director may be removed by the
   1-50  governing body of the city at any time without cause.  Each
   1-51  director must be a resident of or own real property located in the
   1-52  city.  At least three directors shall be persons who are not
   1-53  employees, officers, or members of the governing body of the city.
   1-54  A majority of the entire membership of the board is a quorum.  The
   1-55  board shall conduct all meetings within the boundaries of the city.
   1-56  The board shall appoint a president, a secretary, and other
   1-57  officers of the corporation that the governing body of the city
   1-58  considers necessary.  The corporation's registered agent must be an
   1-59  individual resident of the state, and the corporation's registered
   1-60  office must be within the boundaries of the city.  A corporation
   1-61  created before September 1, 1995, that has a board of directors
   1-62  consisting of five directors continues to have a five-member board
   1-63  unless the governing body of the city establishes a seven-member
   1-64  board.
   1-65        (d)(1)  Authority to Levy Sales Tax.  The governing body of
   1-66  the city by ordinance may levy a sales and use tax for the benefit
   1-67  of the corporation under this section if the tax is authorized by a
   1-68  majority of the qualified voters of the city voting at an election
    2-1  called and held for that purpose in accordance with Chapter 321,
    2-2  Tax Code.  This election requirement is satisfied and another
    2-3  election is not required if the voters of the city approved the
    2-4  levy and collection of an additional one-half cent sales and use
    2-5  tax at an election held before the effective date of this section.
    2-6              (2)  Imposition and Rate of Sales Tax.  If the city
    2-7  adopts the tax, a tax is imposed on the receipts from the sale at
    2-8  retail of taxable items within the city at the rate approved at the
    2-9  election.  The rate of a tax adopted under this section must be
   2-10  one-eighth, one-fourth, three-eighths, or one-half of one percent.
   2-11  The rate adopted may not result in a combined rate of all sales and
   2-12  use taxes, including the tax under this section, imposed by the
   2-13  city and other political subdivisions of this state having
   2-14  territory in the city that exceeds two percent.  An election
   2-15  adopting a rate that exceeds the limit on the combined rate has no
   2-16  effect.  There is also imposed an excise tax on the use, storage,
   2-17  or other consumption within the city of taxable items purchased,
   2-18  leased, or rented from a retailer during the period that the tax is
   2-19  effective within the city.  The rate of the excise tax is the same
   2-20  as the rate of the sales tax portion of the tax and is applied to
   2-21  the sales price of the taxable items.
   2-22              (3)  Application of Chapter 321, Tax Code.  Chapter
   2-23  321, Tax Code (Municipal Sales and Use Tax Act), governs an
   2-24  election to authorize the imposition of the sales and use tax under
   2-25  this section and governs the imposition, computation,
   2-26  administration, governance, abolition, and use of the tax except as
   2-27  inconsistent with this section.  If an election is held under this
   2-28  section at the same time an election is held to impose or change
   2-29  the rate of the additional municipal sales and use tax, the tax
   2-30  under this section takes effect, at the option of the city, as
   2-31  provided by Section 321.102(a) or (b), Tax Code, and the imposition
   2-32  or change in rate of the additional municipal sales and use tax
   2-33  takes effect as provided by Section 321.102(b), Tax Code.  After
   2-34  the effective date of the taxes imposed under this section, the
   2-35  adoption of a sales and use tax or the attempted adoption of a
   2-36  sales and use tax by the city or any other taxing jurisdiction
   2-37  having territory in the city does not impair the taxes imposed
   2-38  under this section.
   2-39        (e)(1)  Ballot Proposition--General.  In an election to adopt
   2-40  the tax under this section, the ballot shall be printed to provide
   2-41  for voting for or against the proposition: "The adoption of a sales
   2-42  and use tax for the promotion and development of new and expanded
   2-43  business enterprises at the rate of _______ of one percent"
   2-44  (one-eighth, one-fourth, three-eighths, or one-half to be inserted
   2-45  as appropriate).
   2-46              (2)  Ballot Proposition--Time Limit.  At an election
   2-47  called and held under Subsection (d) of this section, the city may
   2-48  also allow the voters to vote on a ballot proposition that limits
   2-49  the length of time that a sales and use tax may be imposed.  If a
   2-50  city elects to limit the period the sales and use tax may be
   2-51  imposed, there shall be added to the end of the ballot proposition
   2-52  prescribed by Subdivision (1) of this subsection: "to be imposed
   2-53  for _____ years" (the number of years to be inserted as
   2-54  appropriate).  The governing body of the city shall set the
   2-55  expiration date of the proposed tax to occur on the appropriate
   2-56  anniversary of the effective date of the tax.  A sales and use tax
   2-57  imposed for a limited period under this subsection expires on the
   2-58  date set by the governing body under this section or on an earlier
   2-59  date if the tax is repealed by a majority of the voters voting in
   2-60  an election held in the city.  If an earlier abolition election is
   2-61  held, Sections 321.102(a) and 321.402(b), Tax Code, apply to the
   2-62  date of repeal.  A tax that is approved without a limit on its
   2-63  period of imposition is effective until repealed by election.
   2-64  Before the 90th day before the date that a tax is to expire, the
   2-65  governing body shall send a notice to the comptroller stating the
   2-66  expiration date of the tax.  Revenue collected after the expiration
   2-67  of the tax from the imposition of the tax after its expiration date
   2-68  shall be forwarded by the state to the governing body to be used to
   2-69  pay current bonded indebtedness of the city.  A city that has
   2-70  imposed a tax under this section may not extend the period of the
    3-1  tax's imposition and may not reimpose the tax after its expiration
    3-2  date unless the reimposition of the tax is approved by a majority
    3-3  of the qualified voters of the city voting at an election called
    3-4  and held for that purpose in accordance with Chapter 321, Tax Code.
    3-5  If a city reduces the rate of an additional sales and use tax under
    3-6  Chapter 321, Tax Code, to impose a tax under this section for a
    3-7  limited period as provided under this subsection, and does not have
    3-8  an election to change the rate of the additional sales and use tax
    3-9  before the expiration date of the tax under this section, on the
   3-10  expiration date of the tax under this section the rate of the
   3-11  additional sales and use tax under Section 321.101(b), Tax Code,
   3-12  returns, without an election under Chapter 321, Tax Code, to its
   3-13  previous rate in effect when the tax imposed under this section was
   3-14  adopted.
   3-15              (3)  Ballot Proposition--Reduce or Increase Tax Rate.
   3-16  A city in which a sales and use tax has been imposed under this
   3-17  section may reduce or increase the tax  by majority vote of the
   3-18  qualified voters of the city voting at an election called and held
   3-19  for the purpose in the same manner as an election to impose the
   3-20  tax.  The rate may be reduced in one or more increments of
   3-21  one-eighth of one percent to a minimum of one-eighth of one percent
   3-22  or increased in one or more increments of one-eighth of one percent
   3-23  to a maximum of one-half of one percent.  On petition of 10 percent
   3-24  or more of the registered voters of the city requesting an election
   3-25  on the increase or decrease of the tax under this section, the
   3-26  governing body of the city shall order an election on the issue.
   3-27  The ballot shall be printed in the same manner as the ballot under
   3-28  Subdivision (1) of this subsection.
   3-29              (4)  Ballot Proposition--Combine with Reduction in
   3-30  Property Tax.  A city that is authorized by this section to impose,
   3-31  reduce, increase, or abolish the tax under this section may, at the
   3-32  same time and on the same ballot, impose, reduce, increase, or
   3-33  abolish the additional sales and use tax imposed under Section
   3-34  321.101(b), Tax Code, if the city is authorized by Chapter 321, Tax
   3-35  Code, to impose, reduce, increase, or abolish the additional sales
   3-36  and use tax.  To do so, the city must follow the procedures of
   3-37  Chapter 321, Tax Code, except that in an election to impose,
   3-38  reduce, increase, or abolish the tax under this section and the
   3-39  additional sales and use tax the ballot shall be printed to provide
   3-40  for voting for or against the proposition: "The adoption of a sales
   3-41  and use tax within the city for the promotion and development of
   3-42  new and expanded business enterprises at the rate of _____ of one
   3-43  percent (one-eighth, one-fourth, three-eighths, or one-half to be
   3-44  inserted as appropriate) and the adoption of an additional sales
   3-45  and use tax within the city at the rate of _____ of one percent to
   3-46  be used to reduce the property tax rate" (one-eighth, one-fourth,
   3-47  three-eighths, or one-half to be inserted as appropriate).
   3-48        (f)(1)  Dissolution of Corporation.        By order of the
   3-49  city's governing body, or on petition of 10 percent or more of the
   3-50  registered voters of the city requesting an election on the
   3-51  dissolution of the corporation, the governing body shall order an
   3-52  election on the dissolution of the corporation at the next
   3-53  available uniform election date that is not less than 45 days after
   3-54  the date that the order is issued or the petition is filed.  The
   3-55  election must be conducted according to the applicable provisions
   3-56  of the Election Code.
   3-57              (2)  Ballot Proposition for Dissolution Election.   The
   3-58  ballot for the election shall be printed to provide for voting for
   3-59  or against the proposition: "Dissolution of the _______ (name of
   3-60  the corporation)." If a majority of voters voting on the issue
   3-61  approve the dissolution, the corporation shall continue operations
   3-62  only as necessary to pay the principal of and interest on its bonds
   3-63  and to meet obligations incurred before the date of the election
   3-64  and, to the extent practicable, shall dispose of its assets and
   3-65  apply the proceeds to satisfy those obligations.  When the last of
   3-66  the obligations is satisfied, any remaining assets of the
   3-67  corporation shall be transferred to the city, and the corporation
   3-68  is dissolved.  A tax imposed under this section may not be
   3-69  collected after the last day of the first calendar quarter
   3-70  beginning after notification to the comptroller by the corporation
    4-1  that the last of its obligations is satisfied.
    4-2        (g)(1)  Authorized Use of Sales Tax Proceeds.   On receipt of
    4-3  the proceeds of the sales and use tax imposed under this section
    4-4  from the comptroller, the city shall deliver the proceeds to the
    4-5  corporation.  Tax proceeds may be used to pay the costs of a
    4-6  project authorized by this section and administrative costs of the
    4-7  corporation.
    4-8              (2)  Definition of Authorized Project.   In this
    4-9  section, "project" means the land, buildings, equipment,
   4-10  facilities, and improvements found by the board of directors to be
   4-11  required or suitable for the development and expansion of
   4-12  manufacturing facilities, industrial facilities, warehouse
   4-13  facilities, distribution centers, recycling facilities, general
   4-14  aviation business service airports that are an integral part of an
   4-15  industrial park, and port-related facilities to support waterborne
   4-16  commerce.
   4-17              (3)  Improvements Ancillary to Project.   A project
   4-18  includes the cost of transportation facilities, water supply
   4-19  facilities, sewage or solid waste disposal facilities, air or water
   4-20  pollution control facilities, and other improvements ancillary and
   4-21  directly beneficial to a project.   Except as provided by Section
   4-22  4B of this Act, a corporation may not use revenues from the sales
   4-23  tax authorized under this section for a project the primary purpose
   4-24  of which is to provide transportation facilities, water supply
   4-25  facilities, air or water pollution control facilities, or other
   4-26  municipal facilities for the benefit of the general public.
   4-27              (4)  Project Debt Service Costs.   A project includes
   4-28  any payments toward the principal of, interest on, and other costs
   4-29  relating to bonds or other obligations issued by the corporation to
   4-30  pay the costs of a project or to refund bonds or other obligations
   4-31  issued to pay the cost of a project.  The bonds or any instrument
   4-32  related to the bonds may not give a bondholder a right to demand
   4-33  payment from tax proceeds in excess of those collected from the tax
   4-34  imposed by this section.
   4-35              (5)  Authorization Limited to Specific Project.  At an
   4-36  election called or held under Subsection (d) of this section, the
   4-37  city may also allow the voters to vote on a ballot proposition that
   4-38  limits the use of the sales and use tax to a specific project
   4-39  authorized by this subsection.  If a city elects to limit the use
   4-40  to a specific project, in the ballot proposition prescribed by
   4-41  Subsection (e) of this section a description of the project shall
   4-42  be substituted in place of the words "new and expanded business
   4-43  enterprises."  When the last of its obligations for the specific
   4-44  project have been satisfied, the corporation shall send a notice to
   4-45  the comptroller stating that the sales and use tax imposed for the
   4-46  specific project may not be collected after the last day of the
   4-47  first calendar quarter beginning after the date of notification.  A
   4-48  sales and use tax imposed for a specific project under this
   4-49  subsection may not be collected after the last day of the first
   4-50  calendar quarter beginning after the date of the notification to
   4-51  the comptroller.  Revenue collected after the obligations for the
   4-52  specific project have been satisfied shall be forwarded by the
   4-53  state to the governing body to be used to pay current bonded
   4-54  indebtedness of the municipality.  A corporation that has been
   4-55  created to perform a specific project under this subsection may
   4-56  remain in existence and perform other projects approved by the
   4-57  voters of the city under an election called and held under
   4-58  Subsection (d) of this section.
   4-59              (6)  Assumption of PreExisting Debt.   A corporation
   4-60  under this section may not assume a debt or make any expenditure to
   4-61  pay principal or interest on a debt if the debt existed before the
   4-62  date the city created the corporation.
   4-63        (h)  Eminent Domain.   A corporation may exercise the power
   4-64  of eminent domain only on approval of the action by the governing
   4-65  body of the city.  The power must be exercised in accordance with
   4-66  and subject to the laws applicable to the city.
   4-67        (i)  Governmental Immunity under Tort Claims Act.   The
   4-68  corporation, a director of the corporation, the city creating the
   4-69  corporation, a member of the governing body of the city, or an
   4-70  employee of the corporation or city is not liable for damages
    5-1  arising from the performance of a governmental function of the
    5-2  corporation or city.  For the purposes of Subchapter A, Chapter
    5-3  101, Civil Practice and Remedies Code (Texas Tort Claims Act), the
    5-4  corporation is a governmental unit and its actions are governmental
    5-5  functions.
    5-6        (j)  Ownership of Projects under Tax Code.  The legislature
    5-7  finds for all constitutional and statutory purposes that projects
    5-8  undertaken under this section are owned, used, and held for public
    5-9  purposes for and on behalf of the city incorporating the
   5-10  corporation, and Section 23(b) of this Act and Section 25.07(a),
   5-11  Tax Code, do not apply to leasehold or other possessory interests
   5-12  granted by the corporation during the period projects are owned by
   5-13  the corporation on behalf of the city.  Projects are exempt from
   5-14  taxation under Section 11.11, Tax Code, for that period.
   5-15        (k)  Section 24 Applicability.  Section 24 of this Act does
   5-16  not apply to a corporation under this section.
   5-17        Sec. 4B.  Authorization to Levy Sales Tax for Other Than
   5-18  Industrial Development.  (a)  ELECTION.  A city that creates or has
   5-19  created a corporation governed by Section 4A of this Act may submit
   5-20  to the voters of the city, at a separate election or at an election
   5-21  held under another provision of this Act, including the election at
   5-22  which the proposition to initially authorize the collection of a
   5-23  sales and use tax for the benefit of the corporation is submitted,
   5-24  a ballot proposition that authorizes the corporation to use the
   5-25  sales and use tax, including any amount previously authorized and
   5-26  collected, for a specific project or for a specific category of
   5-27  projects that does not qualify under Section 4A of this Act but
   5-28  qualifies under the expanded project definition in Subsection (c)
   5-29  of this section.  Prior approval of a specific project at an
   5-30  election or completion of a specific project approved at an
   5-31  election does not prohibit a city from seeking voter approval of an
   5-32  additional project or category of projects under this subsection to
   5-33  be funded from the same sales and use tax.
   5-34        (b)  Ballot Proposition--Specific Project or Specific
   5-35  Category of Projects.  In the election to authorize the use of the
   5-36  sales or use tax for a specific project or for a specific category
   5-37  of projects not authorized under Section 4A of this Act, the
   5-38  project or category of projects must be clearly described on the
   5-39  ballot so that a voter will be able to discern the limits of the
   5-40  specific project or category of projects authorized by the
   5-41  proposition.  If maintenance and operating costs of an otherwise
   5-42  authorized facility are to be paid from the sales or use tax, the
   5-43  ballot language must clearly state that fact.
   5-44        (c)(1)  Expanded "Project" Definition.  In this section,
   5-45  "project" or "category of projects" means land, buildings,
   5-46  equipment, facilities, and improvements described by Subdivisions
   5-47  (2) and (3) of this subsection.
   5-48              (2)  Municipal Facilities.  Municipal facility projects
   5-49  are land, buildings, equipment, facilities, and improvements found
   5-50  by the board of directors to be required or suitable for use for:
   5-51                    (A)  professional and amateur (including
   5-52  children's) sports, athletic, entertainment, tourist, convention,
   5-53  and public park purposes and events, including stadiums, ball
   5-54  parks, auditoriums, amphitheaters, concert halls, learning centers,
   5-55  parks, park facilities, open space improvements, municipal
   5-56  buildings, museums, exhibition facilities, and related store,
   5-57  restaurant, concession, and automobile parking facilities;
   5-58                    (B)  related area transportation facilities;
   5-59                    (C)  related roads, streets, and water and sewer
   5-60  facilities; and
   5-61                    (D)  other related improvements that enhance any
   5-62  of those items.
   5-63              (3)  Expanded Business Enterprises.   Expanded business
   5-64  enterprise projects are land, buildings, equipment, facilities, and
   5-65  improvements found by the board of directors to promote or develop
   5-66  new or expanded business enterprises, including a project to
   5-67  provide public safety facilities, streets and roads, drainage and
   5-68  related improvements, demolition of existing structures, general
   5-69  municipally owned improvements, and any improvements or facilities
   5-70  that are related to any of those projects.
    6-1        (d)  SPECIFIC PROJECT UNDER GENERAL AUTHORITY.  If a
    6-2  corporation has previously held an election authorizing a category
    6-3  of projects, the corporation may undertake a project of the general
    6-4  type described by the category unless within 60 days after the date
    6-5  of first publishing notice of the project the governing body of the
    6-6  city receives a petition signed by more than 10 percent of the
    6-7  registered voters of the city requesting that an election be held
    6-8  before that specific project is undertaken. If such a petition is
    6-9  submitted, the corporation may undertake the project only if the
   6-10  specific project is approved at a subsequent election.
   6-11        (e)(1)  Previous Election in Certain Cities.  An election
   6-12  under Section 4A(d) of this Act is not required to carry out a
   6-13  project under this section in a city that is located in a county
   6-14  with a population in excess of 750,000 if a sales and use tax was
   6-15  approved under this section at an election held before February 1,
   6-16  1993.
   6-17              (2)  Bond Requirements.  In a city to which Subdivision
   6-18  (1) of this subsection applies, bonds or other obligations having a
   6-19  maturity not longer than 30 years and issued to pay the costs of
   6-20  projects of the types authorized by this section may be made
   6-21  payable from any source of funds available to the corporation,
   6-22  including the proceeds of a sales and use tax imposed under this
   6-23  section.  The sum of the principal amount of bonds and other
   6-24  obligations that by their terms are payable in whole or in part
   6-25  from the sales and use tax plus the amount of the costs of the
   6-26  projects, other than interest on bonds and other obligations, for
   6-27  which payment is made in cash directly from the proceeds of the tax
   6-28  may not exceed $135 million.  The bonds or other obligations that
   6-29  by their terms are payable from the tax may not be paid in whole or
   6-30  part from property taxes raised by the city, are not a debt of the
   6-31  city, and do not give rise to a claim for payment against the city
   6-32  except as to sales and use tax revenue held by a city and required
   6-33  under this section to be paid over to the corporation.
   6-34              (3)  Expiration of Sales and Use Tax.  In a city to
   6-35  which Subdivision (1) of this subsection applies, a sales and use
   6-36  tax imposed for a project under this section may not be collected
   6-37  after the last day of the first calendar quarter occurring after
   6-38  notification to the comptroller by the corporation that all bonds
   6-39  or other obligations of the corporation that are payable in whole
   6-40  or in part from the proceeds of the sales and use tax under this
   6-41  section, including any refunding bonds or other obligations, have
   6-42  been paid in full or the full amount of money, exclusive of
   6-43  guaranteed interest, necessary to pay in full the bonds and other
   6-44  obligations has been set aside in a trust account dedicated to the
   6-45  payment of the bonds and other obligations.
   6-46        <Sec. 4A.  (a)  This section applies only to a city:>
   6-47              <(1)  located in a county with a population of 500,000
   6-48  or fewer according to the most recent federal decennial census; or>
   6-49              <(2)  with a population of fewer than 50,000 according
   6-50  to the most recent federal decennial census that:>
   6-51                    <(A)  is located in two or more counties, one of
   6-52  which has a population of 500,000 or greater according to the most
   6-53  recent federal decennial census;>
   6-54                    <(B)  is located within the territorial limits
   6-55  but has not elected to become a part of a metropolitan rapid
   6-56  transit authority that has a principal city with a population of
   6-57  less than 1.2 million according to the most recent federal
   6-58  decennial census, with such authority being created before January
   6-59  1, 1980, under Chapter 141, Acts of the 63rd Legislature, Regular
   6-60  Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes); or>
   6-61                    <(C)  is located within the territorial limits
   6-62  but has not elected to become a part of a metropolitan rapid
   6-63  transit authority that has a principal city with a population of
   6-64  more than 750,000 according to the most recent federal decennial
   6-65  census, with such authority being created under Chapter 683, Acts
   6-66  of the 66th Legislature, Regular Session, 1979 (Article 1118y,
   6-67  Vernon's Texas Civil Statutes).>
   6-68        <(b)(1)  A city may create a corporation under this Act
   6-69  governed by this section.  The corporation has the powers and is
   6-70  subject to the limitations of a corporation created under other
    7-1  provisions of this Act.  To the extent of a conflict between this
    7-2  section and another provision of this Act, this section prevails.
    7-3  The articles of incorporation of a corporation under this section
    7-4  must state that the corporation is governed by this section.  A
    7-5  city may not create more than one corporation governed by this
    7-6  section.  A corporation created under this section may spend no
    7-7  more than 10 percent of the corporate revenues for promotional
    7-8  purposes and may contract with other existing private corporations
    7-9  to carry out industrial development programs consistent with the
   7-10  purposes and duties as set out in this Act.>
   7-11              <(2)  Notwithstanding Subdivision (1), a corporation
   7-12  created under this section may spend no more than 25 percent of the
   7-13  corporate revenues for promotional purposes if the corporation was
   7-14  created by a city:>
   7-15                          <(i)  the municipal limits of which include
   7-16  two counties;>
   7-17                          <(ii)  that has less than 24,250 population
   7-18  according to the 1990 federal census; and>
   7-19                          <(iii)  any part of which is located within
   7-20  ten miles of a federal military reservation.>
   7-21        <(c)  The board of directors of a corporation under this
   7-22  section consists of five directors who are appointed by the
   7-23  governing body of the city and who serve at the pleasure of the
   7-24  governing body.  A majority of the entire membership of the board
   7-25  constitutes a quorum.  The board shall conduct each of its meetings
   7-26  within the boundaries of the city.  The board shall appoint a
   7-27  president, a secretary, and other officers of the corporation that
   7-28  the governing body of the city considers necessary.  The
   7-29  corporation's registered agent must be an individual resident of
   7-30  the state and the corporation's registered office must be within
   7-31  the boundaries of the city.>
   7-32        <(d)  The city may levy a sales and use tax for the benefit
   7-33  of a corporation under this section if the tax is authorized by a
   7-34  majority of the qualified voters of the city voting at an election
   7-35  called and held for that purpose.  If the city adopts the tax,
   7-36  there is imposed a tax on the receipts from the sale at retail of
   7-37  taxable items within the city at the rate approved by the voters.
   7-38  The rate must be equal to one-eighth, one-fourth, three-eighths, or
   7-39  one-half of one percent.  The city may not adopt a rate that would
   7-40  result in a combined rate of all sales and use taxes, including the
   7-41  tax under this section, imposed by the city and other political
   7-42  subdivisions of this state having territory in the city that
   7-43  exceeds two percent. An election adopting a rate that exceeds the
   7-44  limit on the combined rate has no effect.  There is also imposed an
   7-45  excise tax on the use, storage, or other consumption within the
   7-46  city of taxable items purchased, leased, or rented from a retailer
   7-47  during the period that the tax is effective within the city.  The
   7-48  rate of the excise tax is the same as the rate of the sales tax
   7-49  portion of the tax and is applied to the sales price of the taxable
   7-50  items.>
   7-51        <(e)  The Municipal Sales and Use Tax Act (Chapter 321, Tax
   7-52  Code) governs an election to authorize the imposition of the sales
   7-53  and use tax under this section and governs the imposition,
   7-54  computation, administration, governance, abolition, and use of the
   7-55  tax except as inconsistent with this section. If an election is
   7-56  held under Subsection (f) of this section at the same time as
   7-57  another election under this section and an additional sales and use
   7-58  tax under Section 321.101(b), Tax Code, is adopted or repealed or
   7-59  its rate is increased or reduced, each tax under this section and
   7-60  the imposition or change in the rate of the additional sales and
   7-61  use tax takes effect as provided by Section 321.102(b), Tax Code.>
   7-62        <(f)  On receipt of the proceeds of the sales and use tax
   7-63  imposed under this section from the comptroller, the city shall
   7-64  deliver the proceeds to the corporation to use in carrying out its
   7-65  functions.  Tax proceeds may be used to pay the principal of,
   7-66  interest on, and other costs relating to the corporation's bonds,
   7-67  but neither the bonds nor any instrument related to the bonds may
   7-68  give a bondholder a right to demand payment from tax proceeds in
   7-69  excess of those collected from the tax imposed by this section.>
   7-70        <(g)  The corporation may not exercise the power of eminent
    8-1  domain except by action of the governing body of the city that
    8-2  created the corporation.>
    8-3        <(h)  Section 24 of this Act does not apply to a corporation
    8-4  under this section.>
    8-5        <(i)  Except as provided by this subsection, the corporation
    8-6  may not undertake a project the primary purpose of which is to
    8-7  provide transportation facilities, solid waste disposal facilities,
    8-8  or air or water pollution control facilities.  However, the
    8-9  corporation may provide those facilities to benefit property
   8-10  acquired for a project having another primary purpose.  The
   8-11  corporation may undertake a project the primary purpose of which is
   8-12  to provide:>
   8-13              <(1)  a general aviation business service airport that
   8-14  is an integral part of an industrial park; or>
   8-15              <(2)  port-related facilities to support waterborne
   8-16  commerce.>
   8-17        <(j)  The corporation, a director of the corporation, the
   8-18  city creating the corporation, a member of the governing body of
   8-19  the city, or an employee of the corporation or city is not liable
   8-20  for damages arising from the performance of a governmental function
   8-21  of the corporation or city.  For the purposes of the Texas Tort
   8-22  Claims Act (Subchapter A, Chapter 101, Civil Practice and Remedies
   8-23  Code), the corporation is a governmental unit and its actions are
   8-24  governmental functions.>
   8-25        <(k)  On petition of 10 percent or more of the registered
   8-26  voters of the city requesting an election on the dissolution of the
   8-27  corporation, the governing body shall order an election on the
   8-28  issue at the next available uniform election date that is not less
   8-29  than 45 days after the date that the petition is filed.  The
   8-30  election must be conducted according to the applicable provisions
   8-31  of the Election Code.  The ballot for the election shall be printed
   8-32  to provide for voting for or against the proposition:  "Dissolution
   8-33  of the ________________ (name of the corporation)." If a majority
   8-34  of voters voting on the issue approve the dissolution, the
   8-35  corporation shall continue operations only as necessary to pay the
   8-36  principal of and interest on its bonds and to meet obligations
   8-37  incurred before the date of the election and, to the extent
   8-38  practicable, shall dispose of its assets and apply the proceeds to
   8-39  satisfy those obligations.  When the last of the obligations is
   8-40  satisfied, any remaining assets of the corporation shall be
   8-41  transferred to the city, and the corporation is dissolved.  A tax
   8-42  imposed under this section may not be collected after the last day
   8-43  of the first calendar quarter beginning after notification to the
   8-44  comptroller by the corporation that the last of its obligations is
   8-45  satisfied.>
   8-46        <(l)  On approval of the governing body of each unit and
   8-47  corporation involved, a corporation created under this Act that is
   8-48  not created under this section may transfer all of its assets to a
   8-49  corporation governed by this section and dissolve as provided by
   8-50  this Act.>
   8-51        <(m)  In an election to adopt the tax under this section, the
   8-52  ballot shall be printed to provide for voting for or against the
   8-53  proposition:  "The adoption of a sales and use tax for the
   8-54  promotion and development of new and expanded business enterprises
   8-55  at the rate of ________ of one percent" (one-eighth, one-fourth,
   8-56  three-eighths, or one-half to be inserted as appropriate).>
   8-57        <(n)  At an election called and held under Subsection (d) or
   8-58  (o) of this section, the city may also allow the voters to vote on
   8-59  a ballot proposition that limits the length of time that a sales
   8-60  and use tax may be imposed.  If a city elects to limit the period
   8-61  the sales and use tax may be imposed, there shall be added to the
   8-62  end of the ballot proposition prescribed by Subsection (m) of this
   8-63  section:  "to be imposed for ________ years" (the number of years
   8-64  to be inserted as appropriate). The governing body of the city
   8-65  shall set the expiration date of the proposed tax to occur on the
   8-66  appropriate anniversary of the effective date of the tax.  A sales
   8-67  and use tax imposed for a limited period under this subsection
   8-68  expires on the date set by the governing body under this section or
   8-69  on an earlier date if, by a majority of the voters voting in an
   8-70  election held in the city, the tax is repealed.  If an earlier
    9-1  abolition election is held, Sections 321.102(a) and 321.402(b), Tax
    9-2  Code, apply to the date of repeal.  A tax that is approved without
    9-3  a limit on its period of imposition is effective until repealed by
    9-4  election.  Before the 60th day before the date that a tax is to
    9-5  expire, the governing body shall send a notice to the comptroller
    9-6  stating the expiration date of the tax.  Revenue collected after
    9-7  the expiration of the tax from the imposition of the tax after its
    9-8  expiration date shall be forwarded by the state to the governing
    9-9  body to be used to pay current bonded indebtedness of the
   9-10  municipality. A municipality that has imposed a tax under this
   9-11  section may not extend the period of the tax's imposition or
   9-12  reimpose the tax after its expiration date.  If a city reduces the
   9-13  rate of an additional sales and use tax under Chapter 321, Tax
   9-14  Code, to impose a tax under this section for a limited period as
   9-15  provided under this subsection, and does not have an election to
   9-16  change the rate of the additional sales and use tax before the
   9-17  expiration date of the tax under this section, the rate of the
   9-18  additional sales and use tax under Section 321.101(b), Tax Code, in
   9-19  the city returns to its previous rate in effect at the time the tax
   9-20  imposed under this section was adopted on the expiration date of
   9-21  the tax under this section without having to hold an election under
   9-22  Chapter 321, Tax Code, to impose the increase in the rate.>
   9-23        <(o)  In a city in which a sales and use tax for the benefit
   9-24  of a corporation has been imposed under this section, in the same
   9-25  manner and by the same procedure the city by majority vote of the
   9-26  qualified voters of the city voting at an election called and held
   9-27  for the purpose may reduce or increase the tax.  The rate may be
   9-28  reduced in one or more increments of one-eighth of one percent to a
   9-29  minimum of one-eighth of one percent or increased in one or more
   9-30  increments of one-eighth of one percent to a maximum of one-half of
   9-31  one percent.  On petition of 10 percent or more of the registered
   9-32  voters of the city requesting an election on the increase or
   9-33  decrease of the tax under this section, the governing body of the
   9-34  city shall order an election on the issue.  The ballot shall be
   9-35  printed in the same manner as the ballot under Subsection (m) of
   9-36  this section.>
   9-37        <(p)  A city that is authorized by this section to impose,
   9-38  reduce, increase, or abolish the tax under this section may, at the
   9-39  same time and on the same ballot, impose, reduce, increase, or
   9-40  abolish the additional sales and use tax imposed under Section
   9-41  321.101(b), Tax Code, if the city is authorized by Chapter 321, Tax
   9-42  Code, to impose, reduce, increase, or abolish the additional sales
   9-43  and use tax. The city must follow, in relation to the imposition,
   9-44  reduction, increase, or abolishment of the additional sales and use
   9-45  tax imposed under Section 321.101(b), Tax Code, the procedures of
   9-46  that chapter, except that in an election to impose, reduce,
   9-47  increase, or abolish the tax under this section and the additional
   9-48  sales and use tax the ballot shall be printed to provide for voting
   9-49  for or against the proposition:  "The adoption of a sales and use
   9-50  tax within the city for the promotion and development of new and
   9-51  expanded business enterprises at the rate of __________ of one
   9-52  percent (one-eighth, one-fourth, three-eighths, or one-half to be
   9-53  inserted as appropriate) and the adoption of an additional sales
   9-54  and use tax within the city at the rate of ________ of one percent
   9-55  to be used to reduce the property tax rate" (one-eighth,
   9-56  one-fourth, three-eighths, or one-half to be inserted as
   9-57  appropriate).>
   9-58        <(q)  A corporation under this section may not assume a debt
   9-59  or make any expenditure to pay principal or interest on a debt if
   9-60  the debt existed before the date the city created the corporation.>
   9-61        <(r)  At an election called or held under Subsection (d) or
   9-62  (o) of this section, the city may also allow the voters to vote on
   9-63  a ballot proposition that limits the use of the sales and use tax
   9-64  to a specific project.  If a city elects to limit the use to a
   9-65  specific project, in the ballot proposition prescribed by
   9-66  Subsection (m) or (p) a description of the project shall be
   9-67  substituted in place of the words "new and expanded business
   9-68  enterprises."   When the last of its obligations for the specific
   9-69  project have been satisfied, the corporation shall send a notice to
   9-70  the comptroller stating that the sales and use tax imposed for the
   10-1  specific project may not be collected after the last day of the
   10-2  first calendar quarter beginning after the date of notification.  A
   10-3  sales and use tax imposed for a specific project under this
   10-4  subsection may not be collected after the last day of the first
   10-5  calendar quarter beginning after the date of the notification to
   10-6  the comptroller.  Revenue collected after the obligations for the
   10-7  specific project have been satisfied shall be forwarded by the
   10-8  state to the governing body to be used to pay current bonded
   10-9  indebtedness of the municipality.  A corporation that has been
  10-10  created to perform a specific project under this subsection may
  10-11  retain its corporate existence and perform other projects as may be
  10-12  approved by the voters of the city under an election called and
  10-13  held under Subsection (d) or (o) of this section.>
  10-14        <Sec. 4B.  (a)  In this section:>
  10-15              <(1)  "Eligible city" means a city:>
  10-16                    <(A)  that is located in a county with a
  10-17  population of 750,000 or more, according to the most recent federal
  10-18  decennial census and in which the combined rate of all sales and
  10-19  use taxes imposed by the city, the state, and other political
  10-20  subdivisions of the state having territory in the city does not
  10-21  exceed 7.25 percent on the date of any election held under or made
  10-22  applicable to this section;>
  10-23                    <(B)  that has a population of 400,000 or more,
  10-24  according to the most recent federal decennial census, and that is
  10-25  located in more than one county, and in which the combined rate of
  10-26  all sales and use taxes imposed by the city, the state, and other
  10-27  political subdivisions of the state having territory in the city,
  10-28  including taxes under this section, does not exceed 8.25 percent;
  10-29  or>
  10-30                    <(C)  to which Section 4A of this Act applies.>
  10-31              <(2)  "Project" means land, buildings, equipment,
  10-32  facilities, and improvements included in the definition of that
  10-33  term under Section 2 of this Act, including recycling facilities,
  10-34  and land, buildings, equipment, facilities, and improvements found
  10-35  by the board of directors to:>
  10-36                    <(A)  be required or suitable for use for
  10-37  professional and amateur (including children's) sports, athletic,
  10-38  entertainment, tourist, convention, and public park purposes and
  10-39  events, including stadiums, ball parks, auditoriums, amphitheaters,
  10-40  concert halls, learning centers, parks and park facilities, open
  10-41  space improvements, municipal buildings, museums, exhibition
  10-42  facilities, and related store, restaurant, concession, and
  10-43  automobile parking facilities, related area transportation
  10-44  facilities, and related roads, streets, and water and sewer
  10-45  facilities, and other related improvements that enhance any of
  10-46  those items; or>
  10-47                    <(B)  promote or develop new or expanded business
  10-48  enterprises, including a project to provide public safety
  10-49  facilities, streets and roads, drainage and related improvements,
  10-50  demolition of existing structures, general municipally owned
  10-51  improvements, as well as any improvements or facilities that are
  10-52  related to any of those projects and any other project that the
  10-53  board in its discretion determines promotes or develops new or
  10-54  expanded business enterprises.>
  10-55        <(a-1)  A corporation may undertake a project under this
  10-56  section unless within 60 days after first publishing notice of a
  10-57  specific project or type of general project the governing body of
  10-58  the city receives a petition from more than 10 percent of the
  10-59  registered voters of the city where the petition requests that an
  10-60  election be held before that specific project or that general type
  10-61  of project is undertaken.  An election is not required to be held
  10-62  after the submission of a petition if the qualified citizens of the
  10-63  city have previously approved the undertaking of a specific project
  10-64  or that general type of project at an election called for that
  10-65  purpose by the governing body of the city or in conjunction with
  10-66  another election required to be held under this section.>
  10-67        <(a-2)  The costs of a publicly owned and operated project
  10-68  that is purchased or constructed under this section include the
  10-69  maintenance and operating costs of the project, and the proceeds of
  10-70  taxes may be used to pay the maintenance and operating costs of a
   11-1  project, unless within 60 days after first publishing notice of
   11-2  this specific use of the proceeds of the taxes the governing body
   11-3  of the city receives a petition from more than 10 percent of the
   11-4  registered voters of the city where the petition requests that an
   11-5  election be held before the proceeds of taxes imposed under this
   11-6  section may be used to pay the maintenance and operating costs of a
   11-7  project.   An election is not required to be held after the
   11-8  submission of a petition if the qualified citizens of the city have
   11-9  previously approved that the costs of a publicly owned and operated
  11-10  project purchased or constructed under this section include the
  11-11  maintenance and operating costs of the project and that the
  11-12  proceeds of taxes may be used to pay the maintenance and operating
  11-13  costs of a project, at an election called for that purpose by the
  11-14  governing body of the city or in conjunction with another election
  11-15  required to be held under this section.  The election in this
  11-16  subsection shall not be required in a municipality located in a
  11-17  county with a population in excess of 750,000 that has held an
  11-18  election prior to February 1, 1993, under this section and at which
  11-19  election the additional sales tax was approved.>
  11-20        <(b)  An eligible city may create a corporation under this
  11-21  Act governed by this section.  The corporation has the powers
  11-22  granted by this section and by other sections of this Act and is
  11-23  subject to the limitations of a corporation created under other
  11-24  provisions of this Act. To the extent of a conflict between this
  11-25  section and another provision of this Act, this section prevails.
  11-26  The articles of incorporation of a corporation under this section
  11-27  must state that the corporation is governed by this section and may
  11-28  include within its name any words and phrases specified by the
  11-29  eligible city.  An eligible city may not create more than one
  11-30  corporation governed by this section.>
  11-31        <(c)  The board of directors of a corporation under this
  11-32  section consists of seven directors who are appointed by the
  11-33  governing body of the eligible city for two-year terms of office.
  11-34  A director may be removed by the governing body of the eligible
  11-35  city at any time without cause.  Each director must be a resident
  11-36  of the eligible city.  Three directors shall be persons who are not
  11-37  employees, officers, or members of the governing body of the
  11-38  eligible city.  A majority of the entire membership of the board is
  11-39  a quorum.  The board shall conduct all meetings within the
  11-40  boundaries of the eligible city.  The board shall appoint a
  11-41  president, a secretary, and other officers of the corporation that
  11-42  the governing body of the eligible city considers necessary.  The
  11-43  corporation's registered agent must be an individual resident of
  11-44  the state and the corporation's registered office must be within
  11-45  the boundaries of the eligible city.>
  11-46        <(d)  The governing body of an eligible city by ordinance may
  11-47  levy a sales and use tax for the benefit of the corporation under
  11-48  this section if the tax is authorized by a majority of the
  11-49  qualified voters of the eligible city voting at an election called
  11-50  and held for that purpose in accordance with Chapter 321, Tax Code.
  11-51  This election requirement is satisfied and another election is not
  11-52  required if the voters of the eligible city approved the levy and
  11-53  collection of an additional one-half cent sales and use tax at an
  11-54  election held before the effective date of this section under an
  11-55  ordinance calling the election that was published in a newspaper of
  11-56  general circulation within the eligible city at least 14 days in
  11-57  advance of the election and that expressly stated that the election
  11-58  was held in anticipation of the enactment of enabling and
  11-59  implementing legislation without further elections.  An election
  11-60  described by this section and held before the effective date of
  11-61  this section is validated as of the date on which the election
  11-62  occurred.>
  11-63        <(e)  The rate of a tax adopted under this section must be
  11-64  one-eighth, one-fourth, three-eighths, or one-half of one percent.
  11-65  The ballot proposition at the election held to adopt the tax must
  11-66  specify the rate of the tax to be adopted.  A corporation that
  11-67  holds an election to reduce a tax imposed under Section 4A of this
  11-68  Act may in a separate proposition on the same ballot adopt a tax
  11-69  under this section.  If an eligible city adopts the tax, a tax is
  11-70  imposed on the receipts from the sale at retail of taxable items
   12-1  within the eligible city at a rate approved by the governing body
   12-2  of the eligible city.  The rate must be equal to one-eighth,
   12-3  one-fourth, three-eighths, or one-half of one percent.  There is
   12-4  also imposed an excise tax on the use, storage, or other
   12-5  consumption within the eligible city of tangible personal property
   12-6  purchased, leased, or rented from a retailer during the period that
   12-7  the tax is effective within the eligible city.  The rate of the
   12-8  excise tax is the same as the rate of the sales tax portion of the
   12-9  tax and is applied to the sale price of the tangible personal
  12-10  property.>
  12-11        <(f)  Chapter 321, Tax Code, governs the imposition,
  12-12  computation, administration, collection, and remittance of the tax
  12-13  except as inconsistent with this section.  The tax imposed under
  12-14  this section takes effect as provided by Section 321.102(a), Tax
  12-15  Code.  If, however, an election is held under this section at the
  12-16  same time an election is held to impose or change the rate of the
  12-17  additional municipal sales and use tax, the tax under this section
  12-18  and the imposition or change in rate of the additional municipal
  12-19  sales and use tax take effect as provided by Section 321.102(b),
  12-20  Tax Code.  After the effective date of the taxes imposed under this
  12-21  section, the adoption of a sales and use tax or the attempted
  12-22  adoption of a sales and use tax by the eligible city or any other
  12-23  taxing jurisdiction having territory in the city does not impair
  12-24  the taxes imposed under this section.>
  12-25        <(g)  On receipt of the proceeds of the sales and use tax
  12-26  imposed under this section from the comptroller, the eligible city
  12-27  shall deliver the proceeds to the corporation.  Tax proceeds may be
  12-28  used to:>
  12-29              <(1)  pay the costs of projects of the types added to
  12-30  the definition of that term by Subsection (a) of this section; or>
  12-31              <(2)  pay the principal of, interest on, and other
  12-32  costs relating to bonds or other obligations issued by the
  12-33  corporation to pay the costs of the projects or to refund bonds or
  12-34  other obligations issued to pay the costs of projects.>
  12-35        <(h)  Bonds or other obligations having a maturity not longer
  12-36  than 30 years and issued to pay the costs of projects of the types
  12-37  added to the definition of that term by Subsection (a) of this
  12-38  section may be made payable from any source of funds available to
  12-39  the corporation, including the proceeds of a sales and use tax
  12-40  imposed under this section.  The principal amount of bonds and
  12-41  other obligations that by their terms are payable in whole or in
  12-42  part from the sales and use tax, together with the amount of the
  12-43  costs of the projects, other than interest on bonds and other
  12-44  obligations, for which payment is made in cash directly from the
  12-45  proceeds of the tax, may not, in the aggregate, exceed $135
  12-46  million.  The bonds or other obligations that by their terms are
  12-47  payable from the tax may not be paid in whole or in part from any
  12-48  property taxes raised or to be raised by the eligible city and are
  12-49  not a debt of and do not give rise to a claim for payment against
  12-50  the eligible city except as to sales and use tax revenue held by a
  12-51  city and required under this section to be paid over to the
  12-52  corporation.>
  12-53        <(i)  A sales and use tax imposed under this section may not
  12-54  be collected after the last day of the first calendar quarter
  12-55  occurring after notification to the comptroller by the corporation
  12-56  that all bonds or other obligations of the corporation that are
  12-57  payable in whole or in part from the proceeds of the sales and use
  12-58  tax under this section, including any refunding bonds or other
  12-59  obligations, have been paid in full or the full amount of money,
  12-60  exclusive of guaranteed interest, necessary to pay in full the
  12-61  bonds and other obligations has been set aside in a trust account
  12-62  dedicated to the payment of the bonds and other obligations.>
  12-63        <(j)  The corporation may exercise the power of eminent
  12-64  domain only on approval of the action by the governing body of the
  12-65  eligible city.  The power must be exercised in accordance with and
  12-66  subject to the laws applicable to the eligible city.>
  12-67        <(k)  The legislature finds for all constitutional and
  12-68  statutory purposes that projects of the types added to the
  12-69  definition of that term by Subsection (a) of this section are
  12-70  owned, used, and held for public purposes for and on behalf of the
   13-1  eligible city incorporating the corporation, and Section 23(b) of
   13-2  this Act and Section 25.07(a), Tax Code, are not applicable to
   13-3  leasehold or other possessory interests granted by the corporation
   13-4  during the period projects are owned by the corporation on behalf
   13-5  of the eligible city.  Projects are exempt from taxation under
   13-6  Section 11.11, Tax Code, for that period.>
   13-7        <(l)  Section 24 of this Act does not apply to a corporation
   13-8  under this section.>
   13-9        <(m)  The corporation, a director of the corporation, the
  13-10  eligible city creating the corporation, a member of the governing
  13-11  body of the eligible city, or an employee of the corporation or
  13-12  eligible city is not liable for damages arising from the
  13-13  performance of a governmental function of the corporation or
  13-14  eligible city.  For the purposes of Chapter 101, Civil Practice and
  13-15  Remedies Code, the corporation is a governmental unit and its
  13-16  actions are governmental functions.>
  13-17        <(n)  Before expending funds to undertake a project, a
  13-18  corporation under this section shall hold at least one public
  13-19  hearing on the proposed project.>
  13-20        SECTION 2.  (a)  A corporation created before the effective
  13-21  date of this Act under Section 4A or 4B, Development Corporation
  13-22  Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes),
  13-23  continues to exist on and after the effective date of this Act.
  13-24  The city that created the corporation may continue to collect any
  13-25  tax authorized for the benefit of the corporation before the
  13-26  effective date of this Act, and the corporation may continue to
  13-27  undertake any project or category of projects authorized for the
  13-28  corporation before the effective date of this Act.  The tax and
  13-29  project are subject to the same restrictions applicable under
  13-30  Sections 4A and 4B as those sections existed immediately before the
  13-31  effective date of this Act.  A tax authorized for the corporation
  13-32  on or after the effective date of this Act or a project not
  13-33  previously authorized by the voters is governed by Sections 4A and
  13-34  4B as amended by this Act.
  13-35        (b)  On January 1, 1996, a corporation created before the
  13-36  effective date of this Act under Section 4B, Development
  13-37  Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
  13-38  Statutes), is governed by Section 4A, Development Corporation Act
  13-39  of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), as amended
  13-40  by this Act, which includes the authority to hold an election under
  13-41  Section 4B, Development Corporation Act of 1979 (Article 5190.6,
  13-42  Vernon's Texas Civil Statutes), as amended by this Act.
  13-43        SECTION 3.  All acts and procedures of a city in calling and
  13-44  holding an industrial development sales tax election under
  13-45  authority of Section 4A or 4B, Development Corporation Act of 1979
  13-46  (Article 5190.6, Vernon's Texas Civil Statutes), before the
  13-47  effective date of this Act are validated as of the dates on which
  13-48  they occurred.
  13-49        SECTION 4.  The importance of this legislation and the
  13-50  crowded condition of the calendars in both houses create an
  13-51  emergency and an imperative public necessity that the
  13-52  constitutional rule requiring bills to be read on three several
  13-53  days in each house be suspended, and this rule is hereby suspended,
  13-54  and that this Act take effect and be in force from and after its
  13-55  passage, and it is so enacted.
  13-56                               * * * * *