1-1 By: Shapiro, Nelson S.B. No. 584
1-2 (In the Senate - Filed February 16, 1995; February 16, 1995,
1-3 read first time and referred to Committee on Finance;
1-4 February 28, 1995, rereferred to Committee on Intergovernmental
1-5 Relations; March 8, 1995, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-7 March 8, 1995, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 584 By: Shapiro
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the authority of Dallas County Utility and Reclamation
1-12 District to enter into tax abatement agreements, to designate
1-13 reinvestment zones and to utilize all functions and procedures of
1-14 Chapter 312, Tax Code; and validating prior elections and other
1-15 actions and contracts.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Chapter 628, Acts of the 68th Legislature,
1-18 Regular Session, 1983, is amended by adding Section 4B to read as
1-19 follows:
1-20 Sec. 4B. In addition to the powers granted elsewhere in this
1-21 Act, the district is hereby vested with and shall have and may
1-22 exercise the following additional rights, powers, privileges,
1-23 authorities, and functions:
1-24 (1) The district may enter into tax abatement
1-25 agreements and may designate areas as reinvestment zones pursuant
1-26 to Section 1-g, Article VIII, Texas Constitution, this Act, and
1-27 Chapter 312, Tax Code. Chapter 312, Tax Code, shall be followed by
1-28 the district except to the extent modified by this Act. In the
1-29 case of any conflict between this Act and Chapter 312, Tax Code,
1-30 the provisions of this Act shall prevail.
1-31 (2) This Act shall stay in effect during the effective
1-32 dates of all tax abatement agreements entered into by the district
1-33 or until this Act is amended by the legislature, whichever occurs
1-34 later.
1-35 (3) The governing body of the district may designate
1-36 as a reinvestment zone, an area within its boundaries that
1-37 satisfies the requirements of Section 312.202, Tax Code.
1-38 (4) The district and its governing body shall have all
1-39 of a municipality's rights, powers and authorization contained in
1-40 Chapter 312, Tax Code.
1-41 (5) The district may enter into tax abatement
1-42 agreements for periods not to exceed 30 years subject to the rights
1-43 of holders of outstanding tax-supported bonds of the district. The
1-44 district may enter into tax abatement agreements relative to real
1-45 property and to all personal property.
1-46 (6) Tax abatement agreements entered into by the
1-47 district are not required to contain identical terms of other tax
1-48 abatement agreements, if any, covering the same or a portion of the
1-49 same exempted property.
1-50 (7) The district may enter into tax abatement
1-51 agreements for facilities and structures that commenced or were
1-52 modified on or after January 1, 1995, but before the effective date
1-53 of this Act.
1-54 (8) The district may exempt personal property located
1-55 on property described in Subdivision (7) in each year covered by
1-56 the agreement except for personal property located on the property
1-57 at any time before the period covered by the agreement began.
1-58 SECTION 2. Actions of the district before the effective date
1-59 of this Act with regard to an election, contract, the issuance of
1-60 bonds and other obligations and the expenditure of funds in payment
1-61 of the bonds, annexations, and other governmental and proprietary
1-62 actions are validated and confirmed.
1-63 SECTION 3. The legislature specifically finds and declares
1-64 that the requirements of Subsections (d) and (e), Section 59,
1-65 Article XVI, and Section 52, Article III, Texas Constitution, have
1-66 been met and accomplished in due course and time and in due order,
1-67 and that the legislature has the authority to enact this Act.
1-68 SECTION 4. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended,
2-5 and that this Act take effect and be in force from and after its
2-6 passage, and it is so enacted.
2-7 * * * * *