By Grusendorf, Maxey H.B. No. 2860
74R3559 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the power of certain school districts to grant tax
1-3 abatements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 312, Tax Code, is amended by adding
1-6 Subchapter D to read as follows:
1-7 SUBCHAPTER D. TAX ABATEMENT IN SCHOOL DISTRICT
1-8 REINVESTMENT ZONE
1-9 Sec. 312.501. DESIGNATION OF REINVESTMENT ZONE. (a) The
1-10 board of trustees of a school district may designate as a
1-11 reinvestment zone an area of the district if:
1-12 (1) the board adopts guidelines and criteria as
1-13 required of a municipality to designate a reinvestment zone under
1-14 Section 312.002;
1-15 (2) the district's wealth per student does not exceed
1-16 the equalized wealth level; and
1-17 (3) the area consists primarily of undeveloped land
1-18 that is contiguous to an airport of a municipality with a
1-19 population of more than 400,000.
1-20 (b) The board may designate a reinvestment zone under this
1-21 section only if the board:
1-22 (1) conducts a public hearing on the proposed
1-23 designation at which persons may speak and present evidence for or
1-24 against the designation; and
2-1 (2) finds that the designation would contribute to:
2-2 (A) the retention or expansion of primary
2-3 employment in the zone or attract major investment to the zone that
2-4 would benefit property in the zone; and
2-5 (B) the economic development of the district.
2-6 (c) The board shall give notice of the hearing in the manner
2-7 required for a hearing under Section 312.201.
2-8 (d) The designation of a reinvestment zone expires on the
2-9 fifth anniversary of the date of the designation and may be renewed
2-10 for periods not to exceed five years. The expiration of a
2-11 designation does not affect a tax abatement agreement made under
2-12 this subchapter that is in effect on the date the designation
2-13 expires.
2-14 (e) Territory that is located in a reinvestment zone
2-15 designated by a municipality under Subchapter A or in a
2-16 reinvestment zone designated by a county under Subchapter B is not
2-17 ineligible to be included in the area designated by the district
2-18 under this section.
2-19 (f) In this section, "wealth per student" and "equalized
2-20 wealth level" have the meanings assigned those terms by Section
2-21 36.001, Education Code.
2-22 Sec. 312.502. SCHOOL DISTRICT TAX ABATEMENT AGREEMENT. (a)
2-23 The board of trustees of a school district may agree with the owner
2-24 of taxable real property located in a reinvestment zone designated
2-25 under this subchapter to abate ad valorem taxes that the district
2-26 imposes on the property if the owner agrees to donate to the school
2-27 district real property in an amount and at a location acceptable to
3-1 the district that has been prepared in the manner specified by the
3-2 district for construction of a school building. The tax abatement
3-3 agreement does not take effect until the donation is made.
3-4 (b) Sections 312.204, 312.2041, 312.205, and 312.208 apply
3-5 to an agreement executed under this section as if the agreement
3-6 were executed under Subchapter B.
3-7 (c) A tax abatement agreement made by another taxing unit
3-8 under this chapter does not affect the authority of a school
3-9 district to make a tax abatement agreement under this section.
3-10 (d) A tax abatement agreement made by a school district
3-11 under this section does not affect the authority of another taxing
3-12 unit to make a tax abatement agreement under this chapter.
3-13 (e) Real property that is owned or leased by a member of the
3-14 board of trustees of the school district may not be subject to a
3-15 tax abatement agreement under this section.
3-16 SECTION 2. Section 312.006, Tax Code, is repealed.
3-17 SECTION 3. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.