By Ramsay                                             H.B. No. 1706
       74R3298 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation and operation of an industrial development
    1-3  corporation by a city.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 4B, Development Corporation Act of 1979
    1-6  (Article 5190.6, Vernon's Texas Civil Statutes), as amended by
    1-7  Chapters 1022 and 1031, Acts of the 73rd Legislature, Regular
    1-8  Session, 1993, is amended to read as follows:
    1-9        Sec. 4B.  (a)  In this section:
   1-10              (1)  "Eligible city" means a city:
   1-11                    (A)  that is located in a county with a
   1-12  population of 750,000 or more, according to the most recent federal
   1-13  decennial census and in which the combined rate of all sales and
   1-14  use taxes imposed by the city, the state, and other political
   1-15  subdivisions of the state having territory in the city does not
   1-16  exceed 7.25 percent on the date of any election held under or made
   1-17  applicable to this section;
   1-18                    (B)  that has a population of 400,000 or more,
   1-19  according to the most recent federal decennial census, and that is
   1-20  located in more than one county, and in which the combined rate of
   1-21  all sales and use taxes imposed by the city, the state, and other
   1-22  political subdivisions of the state having territory in the city,
   1-23  including taxes under this section, does not exceed 8.25 percent;
   1-24  <or>
    2-1                    (C)  that is located in a county with a
    2-2  population of 500,000 or less according to the most recent federal
    2-3  decennial census; or
    2-4                    (D)  that has a population of less than 50,000
    2-5  according to the most recent federal decennial census and that:
    2-6                          (i)  is located in two or more counties,
    2-7  one of which has a population of 500,000 or greater according to
    2-8  the most recent federal decennial census;
    2-9                          (ii)  is located within the territorial
   2-10  limits but has not elected to become a part of a metropolitan rapid
   2-11  transit authority that has a principal city with a population of
   2-12  less than 1.2 million according to the most recent federal
   2-13  decennial census, with such authority being created before January
   2-14  1, 1980, under Chapter 141, Acts of the 63rd Legislature, Regular
   2-15  Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes); or
   2-16                          (iii)  is located within the territorial
   2-17  limits but has not elected to become a part of a metropolitan rapid
   2-18  transit authority that has a principal city with a population of
   2-19  more than 750,000 according to the most recent federal decennial
   2-20  census, with such authority being created under Chapter 683, Acts
   2-21  of the 66th Legislature, Regular Session, 1979 (Article 1118y,
   2-22  Vernon's Texas Civil Statutes) <to which Section 4A of this Act
   2-23  applies>.
   2-24              (2)  "Project" means land, buildings, equipment,
   2-25  facilities, and improvements included in the definition of that
   2-26  term under Section 2 of this Act, including recycling facilities,
   2-27  and land, buildings, equipment, facilities, and improvements found
    3-1  by the board of directors to:
    3-2                    (A)  be required or suitable for use for
    3-3  professional and amateur (including children's) sports, athletic,
    3-4  entertainment, tourist, convention, and public park purposes and
    3-5  events, including stadiums, ball parks, auditoriums, amphitheaters,
    3-6  concert halls, learning centers, parks and park facilities, open
    3-7  space improvements, municipal buildings, museums, exhibition
    3-8  facilities, and related store, restaurant, concession, and
    3-9  automobile parking facilities, related area transportation
   3-10  facilities, and related roads, streets, and water and sewer
   3-11  facilities, and other related improvements that enhance any of
   3-12  those items; or
   3-13                    (B)  promote or develop new or expanded business
   3-14  enterprises, including a project to provide public safety
   3-15  facilities, streets and roads, drainage and related improvements,
   3-16  demolition of existing structures, general municipally owned
   3-17  improvements, as well as any improvements or facilities that are
   3-18  related to any of those projects and any other project that the
   3-19  board in its discretion determines promotes or develops new or
   3-20  expanded business enterprises.
   3-21        (b) <(a-1)>  A corporation may undertake a project under this
   3-22  section unless within 60 days after first publishing notice of a
   3-23  specific project or type of general project the governing body of
   3-24  the city receives a petition from more than 10 percent of the
   3-25  registered voters of the city where the petition requests that an
   3-26  election be held before that specific project or that general type
   3-27  of project is undertaken.  An election is not required to be held
    4-1  after the submission of a petition if the qualified citizens of the
    4-2  city have previously approved the undertaking of a specific project
    4-3  or that general type of project at an election called for that
    4-4  purpose by the governing body of the city or in conjunction with
    4-5  another election required to be held under this section.
    4-6        (c) <(a-2)>  The costs of a publicly owned and operated
    4-7  project that is purchased or constructed under this section include
    4-8  the maintenance and operating costs of the project, and the
    4-9  proceeds of taxes may be used to pay the maintenance and operating
   4-10  costs of a project, unless within 60 days after first publishing
   4-11  notice of this specific use of the proceeds of the taxes the
   4-12  governing body of the city receives a petition from more than 10
   4-13  percent of the registered voters of the city where the petition
   4-14  requests that an election be held before the proceeds of taxes
   4-15  imposed under this section may be used to pay the maintenance and
   4-16  operating costs of a project.  An election is not required to be
   4-17  held after the submission of a petition if the qualified citizens
   4-18  of the city have previously approved that the costs of a publicly
   4-19  owned and operated project purchased or constructed under this
   4-20  section include the maintenance and operating costs of the project
   4-21  and that the proceeds of taxes may be used to pay the maintenance
   4-22  and operating costs of a project, at an election called for that
   4-23  purpose by the governing body of the city or in conjunction with
   4-24  another election required to be held under this section.  The
   4-25  election in this subsection shall not be required in a municipality
   4-26  located in a county with a population in excess of 750,000 that has
   4-27  held an election prior to February 1, 1993, under this section and
    5-1  at which election the additional sales tax was approved.
    5-2        (d)  A corporation created under this section may spend no
    5-3  more than 25 percent of the corporate revenues for promotional
    5-4  purposes and may contract with other existing private corporations
    5-5  to carry out industrial development programs consistent with the
    5-6  purposes and duties as set out in this Act.
    5-7        (e) <(b)>  An eligible city may create a corporation under
    5-8  this Act governed by this section.  The corporation has the powers
    5-9  granted by this section and by other sections of this Act and is
   5-10  subject to the limitations of a corporation created under other
   5-11  provisions of this Act.  To the extent of a conflict between this
   5-12  section and another provision of this Act, this section prevails.
   5-13  The articles of incorporation of a corporation under this section
   5-14  must state that the corporation is governed by this section and may
   5-15  include within its name any words and phrases specified by the
   5-16  eligible city.  An eligible city may not create more than one
   5-17  corporation governed by this section.
   5-18        (f) <(c)>  The board of directors of a corporation under this
   5-19  section consists of seven directors who are appointed by the
   5-20  governing body of the eligible city for two-year terms of office.
   5-21  A director may be removed by the governing body of the eligible
   5-22  city at any time without cause.  Each director must be a resident
   5-23  of the eligible city.  Three directors shall be persons who are not
   5-24  employees, officers, or members of the governing body of the
   5-25  eligible city.  A majority of the entire membership of the board is
   5-26  a quorum.  The board shall conduct all meetings within the
   5-27  boundaries of the eligible city.  The board shall appoint a
    6-1  president, a secretary, and other officers of the corporation that
    6-2  the governing body of the eligible city considers necessary.  The
    6-3  corporations's registered agent must be an individual resident of
    6-4  the state and the corporation's registered office must be within
    6-5  the boundaries of the eligible city.
    6-6        (g) <(d)>  The governing body of an eligible city by
    6-7  ordinance may levy a sales and use tax for the benefit of the
    6-8  corporation under this section if the tax is authorized by a
    6-9  majority of the qualified voters of the eligible city voting at an
   6-10  election called and held for that purpose in accordance with
   6-11  Chapter 321, Tax Code.  This election requirement is satisfied and
   6-12  another election is not required if the voters of the eligible city
   6-13  approved the levy and collection of an additional one-half cent
   6-14  sales and use tax at an election held before the effective date of
   6-15  this section under an ordinance calling the election that was
   6-16  published in a newspaper of general circulation within the eligible
   6-17  city at least 14 days in advance of the election and that expressly
   6-18  stated that the election was held in anticipation of the enactment
   6-19  of enabling and implementing legislation without further elections.
   6-20  An election described by this section and held before the effective
   6-21  date of this section is validated as of the date on which the
   6-22  election occurred.
   6-23        <(e)  The rate of a tax adopted under this section must be
   6-24  one-eighth, one-fourth, three-eighths, or one-half of one percent.
   6-25  The ballot proposition at the election held to adopt the tax must
   6-26  specify the rate of the tax to be adopted.  A corporation that
   6-27  holds an election to reduce a tax imposed under Section 4A of this
    7-1  Act may in a separate proposition on the same ballot adopt a tax
    7-2  under this section.  If an eligible city adopts the tax, a tax is
    7-3  imposed on the receipts from the sale at retail of taxable items
    7-4  within the eligible city at the rate approved at the election.
    7-5  There is also imposed an excise tax on the use, storage, or other
    7-6  consumption within the eligible city of tangible personal property
    7-7  purchased, leased, or rented from a retailer during the period that
    7-8  the tax is effective within the eligible city.  The rate of the
    7-9  excise tax is the same as the rate of the sales tax portion of the
   7-10  tax and is applied to the sale price of the tangible personal
   7-11  property.>
   7-12        (h) <(e)>  If an eligible city adopts the tax, a tax is
   7-13  imposed on the receipts from the sale at retail of taxable items
   7-14  within the eligible city at a rate approved by the governing body
   7-15  of the eligible city.  The rate must be equal to one-eighth,
   7-16  one-fourth, three-eighths, or one-half of one percent.  There is
   7-17  also imposed an excise tax on the use, storage, or other
   7-18  consumption within the eligible city of tangible personal property
   7-19  purchased, leased, or rented from a retailer during the period that
   7-20  the tax is effective within the eligible city.  The rate of the
   7-21  excise tax is the same as the rate of the sales tax portion of the
   7-22  tax and is applied to the sale price of the tangible personal
   7-23  property.
   7-24        (i) <(f)>  Chapter 321, Tax Code, governs the imposition,
   7-25  computation, administration, collection, and remittance of the tax
   7-26  except as inconsistent with this section.  The tax imposed under
   7-27  this section takes effect as provided by Section 321.102(a), Tax
    8-1  Code.  If, however, an election is held under this section at the
    8-2  same time an election is held to impose or change the rate of the
    8-3  additional municipal sales and use tax, the tax under this section
    8-4  and the imposition or change in rate of the additional municipal
    8-5  sales and use tax take effect as provided by Section 321.102(b),
    8-6  Tax Code.  After the effective date of the taxes imposed under this
    8-7  section, the adoption of a sales and use tax or the attempted
    8-8  adoption of a sales and use tax by the eligible city or any other
    8-9  taxing jurisdiction having territory in the city does not impair
   8-10  the taxes imposed under this section.
   8-11        (j) <(g)>  On receipt of the proceeds of the sales and use
   8-12  tax imposed under this section from the comptroller, the eligible
   8-13  city shall deliver the proceeds to the corporation.  Tax proceeds
   8-14  may be used to:
   8-15              (1)  pay the costs of projects of the types added to
   8-16  the definition of that term by Subsection (a) of this section; or
   8-17              (2)  pay the principal of, interest on, and other costs
   8-18  relating to bonds or other obligations issued by the corporation to
   8-19  pay the costs of the projects or to refund bonds or other
   8-20  obligations issued to pay the costs of projects.
   8-21        (k) <(h)>  Bonds or other obligations having a maturity not
   8-22  longer than 30 years and issued to pay the costs of projects of the
   8-23  types added to the definition of that term by Subsection (a) of
   8-24  this section may be made payable from any source of funds available
   8-25  to the corporation, including the proceeds of a sales and use tax
   8-26  imposed under this section.  The principal amount of bonds and
   8-27  other obligations that by their terms are payable in whole or in
    9-1  part from the sales and use tax, together with the amount of the
    9-2  costs of the projects, other than interest on bonds and other
    9-3  obligations, for which payment is made in cash directly from the
    9-4  proceeds of the tax, may not, in the aggregate, exceed $135
    9-5  million.  The bonds or other obligations that by their terms are
    9-6  payable from the tax may not be paid in whole or in part from any
    9-7  property taxes raised or to be raised by the eligible city and are
    9-8  not a debt of and do not give rise to a claim for payment against
    9-9  the eligible city except as to sales and use tax revenue held by a
   9-10  city and required under this section to be paid over to the
   9-11  corporation.
   9-12        (l) <(i)>  A sales and use tax imposed under this section may
   9-13  not be collected after the last day of the first calendar quarter
   9-14  occurring after notification to the comptroller by the corporation
   9-15  that all bonds or other obligations of the corporation that are
   9-16  payable in whole or in part from the proceeds of the sales and use
   9-17  tax under this section, including any refunding bonds or other
   9-18  obligations, have been paid in full or the full amount of money,
   9-19  exclusive of guaranteed interest, necessary to pay in full the
   9-20  bonds and other obligations has been set aside in a trust account
   9-21  dedicated to the payment of the bonds and other obligations.
   9-22        (m) <(j)>  The corporation may exercise the power of eminent
   9-23  domain only on approval of the action by the governing body of the
   9-24  eligible city.  The power must be exercised in accordance with and
   9-25  subject to the laws applicable to the eligible city.
   9-26        (n) <(k)>  The legislature finds for all constitutional and
   9-27  statutory purposes that projects of the types added to the
   10-1  definition of that term by Subsection (a) of this section are
   10-2  owned, used, and held for public purposes for and on behalf of the
   10-3  eligible city incorporating the corporation, and Section 23(b) of
   10-4  this Act and Section 25.07(a), Tax Code, are not applicable to
   10-5  leasehold or other possessory interests granted by the corporation
   10-6  during the period projects are owned by the corporation on behalf
   10-7  of the eligible city.  Projects are exempt from taxation under
   10-8  Section 11.11, Tax Code, for that period.
   10-9        (o) <(l)>  Section 24 of this Act does not apply to a
  10-10  corporation under this section.
  10-11        (p) <(m)>  The corporation, a director of the corporation,
  10-12  the eligible city creating the corporation, a member of the
  10-13  governing body of the eligible city, or an employee of the
  10-14  corporation or eligible city is not liable for damages arising from
  10-15  the performance of a governmental function of the corporation or
  10-16  eligible city.  For the purposes of Chapter 101, Civil Practice and
  10-17  Remedies Code, the corporation is a governmental unit and its
  10-18  actions are governmental functions.
  10-19        (q) <(n)>  Before expending funds to undertake a project, a
  10-20  corporation under this section shall hold at least one public
  10-21  hearing on the proposed project.
  10-22        (r)  On approval of the governing body of each unit and
  10-23  corporation involved, a corporation created under this Act that is
  10-24  not created under this section may transfer all of its assets to a
  10-25  corporation governed by this section and dissolve as provided by
  10-26  this Act.
  10-27        SECTION 2.  Section 4A, Development Corporation Act of 1979
   11-1  (Article 5190.6, Vernon's Texas Civil Statutes), is repealed.
   11-2        SECTION 3.  (a)  A corporation created before the effective
   11-3  date of this Act under Section 4A, Development Corporation Act of
   11-4  1979 (Article 5190.6, Vernon's Texas Civil Statutes), continues to
   11-5  exist on and after the effective date of this Act as if the
   11-6  corporation had been created under Section 4B, Development
   11-7  Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
   11-8  Statutes).  Except as otherwise provided by this section, the
   11-9  corporation and city creating the corporation have all of the
  11-10  powers and duties of a corporation and creating city under Section
  11-11  4B.
  11-12        (b)  A city that created a corporation under Section 4A,
  11-13  Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
  11-14  Civil Statutes), may continue on and after the effective date of
  11-15  this Act to collect any tax authorized for the benefit of the
  11-16  corporation before the effective date of this Act, and the
  11-17  corporation may continue to undertake any project authorized for
  11-18  the corporation before the effective date of this Act.  The tax and
  11-19  project are subject to the same restrictions applicable under
  11-20  Section 4A, and that section is continued in effect for that
  11-21  purpose.  A tax authorized for the corporation or project
  11-22  undertaken by the corporation on or after the effective date of
  11-23  this Act is governed by Section 4B, Development Corporation Act of
  11-24  1979 (Article 5190.6, Vernon's Texas Civil Statutes).  A tax
  11-25  authorized before the effective date of this Act may be used to
  11-26  fund a project under Section 4B only if no restriction applicable
  11-27  to the tax prohibits the use of its proceeds for such a project and
   12-1  the project is authorized as required by Section 4B.
   12-2        (c)  Before January 1, 1996:
   12-3              (1)  the articles of incorporation of a corporation
   12-4  created under Section 4A, Development Corporation Act of 1979
   12-5  (Article 5190.6, Vernon's Texas Civil Statutes), shall be amended
   12-6  to state that the corporation is governed by Section 4B of that
   12-7  Act, except as provided by Subsection (b) of this section; and
   12-8              (2)  the board of directors of a corporation created
   12-9  under Section 4A shall be conformed to the requirements for a board
  12-10  of directors under Section 4B.
  12-11        SECTION 4.  The importance of this legislation and the
  12-12  crowded condition of the calendars in both houses create an
  12-13  emergency and an imperative public necessity that the
  12-14  constitutional rule requiring bills to be read on three several
  12-15  days in each house be suspended, and this rule is hereby suspended,
  12-16  and that this Act take effect and be in force from and after its
  12-17  passage, and it is so enacted.