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. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 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: 2-4 Sec. 2303.102. AREA OF PERVASIVE POVERTY, UNEMPLOYMENT, AND 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.