74R10667 DWS-D
By De La Garza H.B. No. 2887
Substitute the following for H.B. No. 2887:
By Oliveira C.S.H.B. No. 2887
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of certain industrial development
1-3 corporations created by cities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Development Corporation Act of 1979 (Article
1-6 5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
1-7 4C to read as follows:
1-8 Sec. 4C. CONVERSION OF CERTAIN CORPORATIONS. (a) A city
1-9 that has created a corporation under Section 4A of this Act may,
1-10 with the approval of the corporation, call and hold an election on
1-11 whether to convert the corporation to a corporation governed by
1-12 Section 4B of this Act. On receipt by the city of a petition from
1-13 more than 10 percent of the registered voters of the city
1-14 requesting an election on the issue, the commission and the
1-15 corporation shall formally consider whether to hold the election.
1-16 (b) Before holding the election, the city and corporation
1-17 jointly shall hold at least three public hearings on the issue.
1-18 (c) City funds, taxes imposed under this Act, and interest
1-19 on those taxes may not be used to finance a campaign for or against
1-20 the conversion. On violation of this subsection, an election
1-21 approving the conversion is void.
1-22 (d) Before the election, taxes imposed under this Act and
1-23 interest on those taxes may not be used to study the feasibility of
2-1 or plan a project the undertaking of which is contingent on the
2-2 conversion.
2-3 (e) An employee of the city or corporation may not campaign
2-4 for or against the conversion during the employee's hours of
2-5 employment.
2-6 (f) If a majority of votes cast on the question at the
2-7 election is in favor of the conversion, the corporation and city
2-8 have all the powers and duties of a corporation and creating city
2-9 under Section 4B of this Act. Not later than the 90th day after
2-10 the date of the election, the articles of incorporation of the
2-11 corporation shall be amended to state that the corporation is
2-12 governed by Section 4B of this Act and the board of directors of
2-13 the corporation shall be conformed to the requirements for a board
2-14 of directors under Section 4B of this Act.
2-15 (g) If a majority of votes cast on the question at the
2-16 election is against conversion, the corporation continues to exist
2-17 as a corporation governed by Section 4A of this Act as if the
2-18 election had not been held.
2-19 (h) A city may not hold more than one election under this
2-20 section.
2-21 (i) This section expires January 1, 1997.
2-22 SECTION 2. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended,
3-2 and that this Act take effect and be in force from and after its
3-3 passage, and it is so enacted.