By Hartnett, Marchant, Wolens, Allen H.B. No. 1236
74R5041 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of Dallas County Utility and Reclamation
1-3 District to enter into tax abatement agreements, to designate
1-4 reinvestment zones and to utilize all functions and procedures of
1-5 the Property Redevelopment and Tax Abatement Act, Title 3, Ch. 312
1-6 of the Texas Tax Code; and validating prior elections and other
1-7 actions and contracts.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Chapter 628 Acts of the 68th Legislature Regular
1-10 Session, 1983, is hereby amended by adding Section 4B to read as
1-11 follows:
1-12 SECTION 4B. In addition to the powers granted elsewhere in
1-13 this Act, the District is hereby vested with and shall have and may
1-14 exercise the following additional rights, powers, privileges,
1-15 authorities and functions:
1-16 (1) The District may enter into tax abatement
1-17 agreements and may designate areas as reinvestment zones pursuant
1-18 to Article 8, Section 1g of the Texas Constitution. This Act and
1-19 Title 3, Chapter 312 of the Texas Tax Code, the Property
1-20 Redevelopment and Tax Abatement Act ("Tax Abatement Act"). The Tax
1-21 Abatement Act shall be followed by the District except to the
1-22 extent modified by this Act. In the case of any conflict between
1-23 this Act and the Tax Code, the provisions of this Act shall
1-24 prevail.
2-1 (2) This Act shall stay in effect during the effective
2-2 date of all tax abatement agreements entered into by the District
2-3 or until this Act is amended by the Legislature, whichever occurs
2-4 later.
2-5 (3) The governing body of the District may designate
2-6 as a reinvestment zone, an area within its boundaries that
2-7 satisfies the requirements of Section 312.202 of the Tax Abatement
2-8 Act.
2-9 (4) The District and its governing body shall have all
2-10 of a municipalities' rights, powers and authorization contained in
2-11 the Tax Abatement Act.
2-12 (5) The District may enter into tax abatement
2-13 agreements for periods not to exceed thirty (30) years subject to
2-14 the rights of holders of outstanding tax supported bonds of the
2-15 District. The District may enter into tax abatement agreements
2-16 relative to real property and to all personal property.
2-17 (6) Tax abatement agreements entered into by the
2-18 District are not required to contain identical terms of other tax
2-19 abatement agreements, if any, covering the same or a portion of the
2-20 same exempted property.
2-21 (7) The District may enter into tax abatement
2-22 agreements for facilities and structures that commenced, or were
2-23 modified, on or after January 1, 1995, but before the effective
2-24 date of this Act.
2-25 (8) The District may exempt personal property located
2-26 on property described in (7) above in each year covered by the
2-27 agreement except for personal property located on the property at
3-1 any time before the period covered by the agreement began.
3-2 SECTION 2. Actions of the District before the effective date
3-3 of this Act, with regard to an election, contract, the issuance of
3-4 bonds and other obligations and the expenditure of funds in payment
3-5 of the bonds, annexations, and other governmental and proprietary
3-6 actions, are validated and confirmed.
3-7 SECTION 3. The Legislature specifically finds and declares
3-8 that the requirements of Article XVI, Section 59(d) and (e), and
3-9 Article III, Section 52, of the Texas Constitution have been met
3-10 and accomplished in due course and time and in due order, and that
3-11 the Legislature has the authority to enact this Act.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.