By Uher                                               H.B. No. 3142
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of enterprise zones, tax abatements and tax
    1-3  increment financing and similar tax incentive vehicles in the
    1-4  vicinity of an interstate highway system in order to encourage
    1-5  economic development and to promote foreign and interstate trade in
    1-6  and around the designated area.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Section 2303.002, Government Code, is amended to
    1-9  read as follows:
   1-10        Sec. 2303.002.  Purposes.  The purposes of this chapter are
   1-11  to establish a process that clearly identifies severely distressed
   1-12  areas of the state as well as other areas that would be benefitted
   1-13  by increased economic development or redevelopment and provides
   1-14  incentives by state and local government to induce private
   1-15  investment in those areas by removing unnecessary governmental
   1-16  regulatory barriers to economic growth and to provide tax
   1-17  incentives and economic development program benefits.
   1-18        It is therefore the public policy of this state to provide
   1-19  people of this state with the necessary means to assist
   1-20  communities, their residents, and the private sector to create the
   1-21  proper economic and social environment to induce the investment of
   1-22  private resources in productive business enterprises located in
   1-23  severely distressed areas, as well as other areas that would be
    2-1  benefitted by increased economic development or redevelopment, and
    2-2  to provide employment to and create housing opportunities for
    2-3  residents of those areas.  In achieving this objective, through
    2-4  this Act the state seeks to provide appropriate investments, tax
    2-5  benefits, and regulatory relief to encourage the business community
    2-6  to commit its financial participation.  Accordingly the legislature
    2-7  declares the revitalization of enterprise zones through the
    2-8  concerted efforts of government and the private sector to be a
    2-9  public purpose.
   2-10        SECTION 2.  Section 1 of Acts 1993, 73rd Leg., ch.974, eff.
   2-11  Aug. 30, 1993, amending Section 2(b) of Vernon's Ann.Civ.St. art.
   2-12  5190.7 is repealed.
   2-13        SECTION 3.  Section 2303.101, Government Code, is amended to
   2-14  read as follows:
   2-15        Sec. 2303.101.  Criteria for Enterprise Zone Designation.
   2-16  (a)  To be designated an enterprise zone an area must:
   2-17              (1)  have a continuous boundary; and
   2-18              (2)  be at least on square mile but not larger than the
   2-19  greater of:
   2-20                    (A)  10 square miles, excluding lakes, waterways,
   2-21  and transportation arteries; or
   2-22                    (B)  an area, not to exceed 20 square miles, that
   2-23  is equal to five percent of the area, excluding lakes, waterways,
   2-24  and transportation arteries, of the municipality, county or
   2-25  combination of municipalities or counties nominating the area as an
    3-1  enterprise zone;
    3-2              and,
    3-3              (3)  be an area of pervasive poverty, unemployment, and
    3-4  economic distress; or
    3-5              (4)  be an area with a continuous boundary adjacent to
    3-6  an interstate highway that has been identified as benefitting from
    3-7  increased economic development or redevelopment; and
    3-8              (5)  be nominated as an enterprise zone by an ordinance
    3-9  or order adopted by the nominating body.
   3-10        (b)  The department may not designate an area as an
   3-11  enterprise zone if three enterprise zones are located in the
   3-12  jurisdiction of and were nominated as enterprise zones by a
   3-13  governing body of the municipality or county nominating the area as
   3-14  an enterprise zone.
   3-15        SECTION 4.  Section 26.08(d), Tax Code, is amended to read as
   3-16  follows:
   3-17        Sec. 26.08.  (d)  For purposes of this section, except as
   3-18  provided by Subsection (e), the school district roll back rate of a
   3-19  school district is the sum of:
   3-20              (1)  the tax rate that, applied to the current total
   3-21  value for the district, excluding the captured appraised value, as
   3-22  defined in Tax Code Section 311.012, of any land that is located in
   3-23  a reinvestment zone designated, as provided by law) would impose
   3-24  taxes in an amount that, when added to state funds to be
   3-25  distributed to the district under Chapters 15 and 16, Education
    4-1  Code, for the school year beginning in the current tax year;
    4-2              (2)  the rate of $0.06; and
    4-3              (3)  the district's current debt rate.
    4-4        SECTION 5.  This act shall take effect immediately.
    4-5        SECTION 6.  The importance of this legislation and the
    4-6  crowded condition of the calendars in both houses create an
    4-7  emergency and an imperative public necessity that the
    4-8  constitutional rule requiring bills to be read on three several
    4-9  days in each house be suspended, and the rule is hereby suspended.