By De La Garza                                        H.B. No. 1083
       74R3376 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the eligibility of an area with a history of and
    1-3  continuing problem with gang activity to be included in an
    1-4  enterprise zone.
    1-6        SECTION 1.  Section 2303.101(a), Government Code, is amended
    1-7  to read as follows:
    1-8        (a)  To be designated as an enterprise zone an area must:
    1-9              (1)  have a continuous boundary;
   1-10              (2)  be at least one square mile but not larger than
   1-11  the greater of:
   1-12                    (A)  10 square miles, excluding lakes, waterways,
   1-13  and transportation arteries; or
   1-14                    (B)  an area, not to exceed 20 square miles, that
   1-15  is equal to five percent of the area, excluding lakes, waterways,
   1-16  and transportation arteries, of the municipality, county, or
   1-17  combination of municipalities or counties nominating the area as an
   1-18  enterprise zone;
   1-19              (3)  be an area:
   1-20                    (A)  of pervasive poverty, unemployment, and
   1-21  economic distress; or
   1-22                    (B)  with a history of and continuing problem
   1-23  with gang activity; and
   1-24              (4)  be nominated as an enterprise zone by an ordinance
    2-1  or order adopted by the nominating body.
    2-2        SECTION 2.  Section 2303.102, Government Code, is amended to
    2-3  read as follows:
    2-5  ECONOMIC DISTRESS; AREA WITH GANG ACTIVITY. (a)  An area is an area
    2-6  of pervasive poverty, unemployment, and economic distress for the
    2-7  purposes of Section 2303.101 if:
    2-8              (1)  the average rate of unemployment in the area
    2-9  during the most recent 12-month period for which data are available
   2-10  was at least one and one-half times the local, state, or national
   2-11  average for that period; or
   2-12              (2)  the area had a population loss of at least nine
   2-13  percent during the most recent six-year period or at least three
   2-14  percent during the most recent three-year period; and
   2-15                    (A)  the area is a low-income poverty area;
   2-16                    (B)  the area is in a jurisdiction or pocket of
   2-17  poverty eligible for urban development action grants under federal
   2-18  law, according to the most recent certification available from the
   2-19  United States Department of Housing and Urban Development;
   2-20                    (C)  at least 70 percent of the residents or
   2-21  households of the area have an income that is less than 80 percent
   2-22  of the median income of the residents or households of the locality
   2-23  or state, whichever is less; or
   2-24                    (D)  the nominating body establishes to the
   2-25  satisfaction of the department that:
   2-26                          (i)  chronic abandonment or demolition of
   2-27  commercial or residential structures exists in the area;
    3-1                          (ii)  substantial tax arrearages for
    3-2  commercial or residential structures exist in the area;
    3-3                          (iii)  substantial losses of businesses or
    3-4  jobs have occurred in the area; or
    3-5                          (iv)  the area is part of a disaster area
    3-6  declared by the state or federal government during the preceding 18
    3-7  months.
    3-8        (b)  For the purposes of Section 2303.101, an area has a
    3-9  history of and continuing problem with gang activity if the
   3-10  attorney general certifies to the department that the area has
   3-11  suffered and continues to suffer from substantial economic hardship
   3-12  caused by significant and repeated criminal activity committed by
   3-13  gang members.
   3-14        SECTION 3.  Section 2303.110(c), Government Code, is amended
   3-15  to read as follows:
   3-16        (c)  The entire enterprise zone with the amended boundary
   3-17  must continue to meet the unemployment and economic distress or
   3-18  gang activity requirements of Section 2303.101.
   3-19        SECTION 4. The importance of this legislation and the crowded
   3-20  condition of the calendars in both houses create an emergency and
   3-21  an imperative public necessity that the constitutional rule
   3-22  requiring bills to be read on three several days in each house be
   3-23  suspended, and this rule is hereby suspended, and that this Act
   3-24  take effect and be in force from and after its passage, and it is
   3-25  so enacted.