1-1        By:  Ratliff                                    S.B. No. 1642
    1-2        (In the Senate - Filed April 5, 1995; April 6, 1995, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 12, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 7, Nays 0; April 12, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                            By:  Patterson
    1-7  Amend S.B. No. 1642 by adding the following new section and
    1-8  renumbering subsequent sections as appropriate.
    1-9        SECTION 2.  All acts and procedures of a municipality in
   1-10  calling and holding an industrial development sales tax election
   1-11  under authority of Section 4B, Development Corporation Act of 1979
   1-12  (Article 5190.6, Vernon's Texas Civil Statutes), on a nonuniform
   1-13  election date before January 1, 1995, declaring the results
   1-14  thereof, and declaring the purpose for which the sales tax proceeds
   1-15  authorized at such an election may be used, are validated as of the
   1-16  dates on which they occurred.
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to industrial development corporations created by certain
   1-20  cities.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Sections 4A and 4B, Development Corporation Act
   1-23  of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), are
   1-24  amended to read as follows:
   1-25        Sec. 4A.  AUTHORIZATION TO LEVY SALES TAX FOR INDUSTRIAL
   1-26  DEVELOPMENT.  (a)  ELIGIBLE CITY.  In this section, "eligible city"
   1-27  means a city that is not at the time it creates a corporation under
   1-28  this section, and has not previously been, included within the
   1-29  boundaries of an authority under:
   1-30              (1)  Chapter 141, Acts of the 63rd Legislature, Regular
   1-31  Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes);
   1-32              (2)  Chapter 683, Acts of the 66th Legislature, 1979
   1-33  (Article 1118y, Vernon's Texas Civil Statutes); or
   1-34              (3)  Article 1118z, Revised Statutes.
   1-35        (b)(1)  CREATION OF CORPORATION.  An eligible city may create
   1-36  a corporation under this Act governed by this section.  The
   1-37  corporation has the powers and is subject to the limitations of a
   1-38  corporation created under other provisions of this Act.  To the
   1-39  extent of a conflict between this section and another provision of
   1-40  this Act, this section prevails.  The articles of incorporation of
   1-41  a corporation under this section must state that the corporation is
   1-42  governed by this section and may include within its name any words
   1-43  and phrases specified by the eligible city.  A city may not create
   1-44  more than one corporation governed by this section.
   1-45              (2)  Spending for Promotion.  A corporation created
   1-46  under this section may spend no more than 10 percent of its
   1-47  revenues for promotional purposes and may contract with other
   1-48  existing private corporations to carry out industrial development
   1-49  programs consistent with the purposes and duties provided by this
   1-50  Act.
   1-51              (3)  Transfer of Assets from Corporation Created Under
   1-52  this Act.  On approval of the governing body of each unit and
   1-53  corporation involved, a corporation created under this Act that is
   1-54  not created under this section may transfer all of its assets to a
   1-55  corporation governed by this section and dissolve as provided by
   1-56  this Act.
   1-57        (c)  Board of Directors and Governance.  The board of
   1-58  directors of a corporation under this section consists of seven
   1-59  directors who are appointed by the governing body of the eligible
   1-60  city for two-year terms of office.  A director may be removed by
   1-61  the governing body of the eligible city at any time without cause.
   1-62  Each director must be a resident of the eligible city.  At least
   1-63  three directors shall be persons who are not employees, officers,
   1-64  or members of the governing body of the eligible city.  A majority
   1-65  of the entire membership of the board is a quorum.  The board shall
   1-66  conduct all meetings within the boundaries of the eligible city.
   1-67  The board shall appoint a president, a secretary, and other
   1-68  officers of the corporation that the governing body of the eligible
    2-1  city considers necessary.  The corporation's registered agent must
    2-2  be an individual resident of the state and the corporation's
    2-3  registered office must be within the boundaries of the eligible
    2-4  city.  A corporation created before September 1, 1995, that has a
    2-5  board of directors consisting of five directors continues to have a
    2-6  five-member board unless the governing body of the eligible city
    2-7  establishes a seven-member board.
    2-8        (d)(1)  Authority to Levy Sales Tax.  The governing body of
    2-9  an eligible city by ordinance may levy a sales and use tax for the
   2-10  benefit of the corporation under this section if the tax is
   2-11  authorized by a majority of the qualified voters of the eligible
   2-12  city voting at an election called and held for that purpose in
   2-13  accordance with Chapter 321, Tax Code.  This election requirement
   2-14  is satisfied and another election is not required if the voters of
   2-15  the eligible city approved the levy and collection of an additional
   2-16  one-half cent sales and use tax at an election held before March
   2-17  28, 1991, under an ordinance calling the election that was
   2-18  published in a newspaper of general circulation within the eligible
   2-19  city at least 14 days in advance of the election and that expressly
   2-20  stated that the election was held in anticipation of the enactment
   2-21  of enabling and implementing legislation without further elections.
   2-22              (2)  Imposition and Rate of Sales Tax.  If an eligible
   2-23  city adopts the tax, a tax is imposed on the receipts from the sale
   2-24  at retail of taxable items within the eligible city at the rate
   2-25  approved at the election.  The rate of a tax adopted under this
   2-26  section must be one-eighth, one-fourth, three-eighths, or one-half
   2-27  of one percent.  The rate adopted may not result in a combined rate
   2-28  of all sales and use taxes, including the tax under this section,
   2-29  imposed by the city and other political subdivisions of this state
   2-30  having territory in the city that exceeds two percent.  An election
   2-31  adopting a rate that exceeds the limit on the combined rate has no
   2-32  effect.  There is also imposed an excise tax on the use, storage,
   2-33  or other consumption within the city of taxable items purchased,
   2-34  leased, or rented from a retailer during the period that the tax is
   2-35  effective within the city.  The rate of the excise tax is the same
   2-36  as the rate of the sales tax portion of the tax and is applied to
   2-37  the sales price of the taxable items.
   2-38              (3)  Application of Chapter 321, Tax Code.  Chapter
   2-39  321, Tax Code (Municipal Sales and Use Tax Act) governs an election
   2-40  to authorize the imposition of the sales and use tax under this
   2-41  section and governs the imposition, computation, administration,
   2-42  governance, abolition, and use of the tax except as inconsistent
   2-43  with this section.  If an election is held under this section at
   2-44  the same time an election is held to impose or change the rate of
   2-45  the additional municipal sales and use tax, the tax under this
   2-46  section takes effect, at the option of the city, as provided by
   2-47  Section 321.102(a) or (b), Tax Code, and the imposition or change
   2-48  in rate of the additional municipal sales and use tax takes effect
   2-49  as provided by Section 321.102(b), Tax Code.  After the effective
   2-50  date of the taxes imposed under this section, the adoption of a
   2-51  sales and use tax or the attempted adoption of a sales and use tax
   2-52  by the eligible city or any other taxing jurisdiction having
   2-53  territory in the city does not impair the taxes imposed under this
   2-54  section.
   2-55        (e)(1)  Ballot Proposition--General.  In an election to adopt
   2-56  the tax under this section, the ballot shall be printed to provide
   2-57  for voting for or against the proposition:  "The adoption of a
   2-58  sales and use tax for the promotion and development of new and
   2-59  expanded business enterprises at the rate of _______ of one
   2-60  percent" (one-eighth, one-fourth, three-eighths, or one-half to be
   2-61  inserted as appropriate).
   2-62              (2)  Ballot Proposition--Time Limit.  At an election
   2-63  called and held under Subsection (d) of this section, the city may
   2-64  also allow the voters to vote on a ballot proposition that limits
   2-65  the length of time that a sales and use tax may be imposed.  If a
   2-66  city elects to limit the period the sales and use tax may be
   2-67  imposed, there shall be added to the end of the ballot proposition
   2-68  prescribed by Subdivision (1) of this subsection:  "to be imposed
   2-69  for _____ years" (the number of years to be inserted as
   2-70  appropriate).  The governing body of the city shall set the
    3-1  expiration date of the proposed tax to occur on the appropriate
    3-2  anniversary of the effective date of the tax.  A sales and use tax
    3-3  imposed for a limited period under this subsection expires on the
    3-4  date set by the governing body under this section or on an earlier
    3-5  date if the tax is repealed by a majority of the voters voting in
    3-6  an election held in the city.  If an earlier abolition election is
    3-7  held, Sections 321.102(a) and 321.402(b), Tax Code, apply to the
    3-8  date of repeal.  A tax that is approved without a limit on its
    3-9  period of imposition is effective until repealed by election.
   3-10  Before the 90th day before the date that a tax is to expire, the
   3-11  governing body shall send a notice to the comptroller stating the
   3-12  expiration date of the tax.  Revenue collected after the expiration
   3-13  of the tax from the imposition of the tax after its expiration date
   3-14  shall be forwarded by the state to the governing body to be used to
   3-15  pay current bonded indebtedness of the municipality.  A
   3-16  municipality that has imposed a tax under this section may not
   3-17  extend the period of the tax's imposition and may not reimpose the
   3-18  tax after its expiration date unless the reimposition of the tax is
   3-19  approved by a majority of the qualified voters of the city voting
   3-20  at an election called and held for that purpose in accordance with
   3-21  Chapter 321, Tax Code.  If a city reduces the rate of an additional
   3-22  sales and use tax under Chapter 321, Tax Code, to impose a tax
   3-23  under this section for a limited period as provided under this
   3-24  subsection, and does not have an election to change the rate of the
   3-25  additional sales and use tax before the expiration date of the tax
   3-26  under this section, on the expiration date of the tax under this
   3-27  section the rate of the additional sales and use tax under Section
   3-28  321.101(b), Tax Code, returns, without an election under Chapter
   3-29  321, Tax Code, to its previous rate in effect when the tax imposed
   3-30  under this section was adopted.
   3-31              (3)  Ballot Proposition--Reduce or Increase Tax Rate.
   3-32  A city in which a sales and use tax has been imposed under this
   3-33  section may reduce or increase the tax by majority vote of the
   3-34  qualified voters of the city voting at an election called and held
   3-35  for the purpose in the same manner as an election to impose the
   3-36  tax.  The rate may be reduced in one or more increments of
   3-37  one-eighth of one percent to a minimum of one-eighth of one percent
   3-38  or increased in one or more increments of one-eighth of one percent
   3-39  to a maximum of one-half of one percent.  On petition of 10 percent
   3-40  or more of the registered voters of the city requesting an election
   3-41  on the increase or decrease of the tax under this section, the
   3-42  governing body of the city shall order an election on the issue.
   3-43  The ballot shall be printed in the same manner as the ballot under
   3-44  Subdivision (1) of this subsection.
   3-45              (4)  Ballot Proposition--Combine with Reduction in
   3-46  Property Tax.  A city that is authorized by this section to impose,
   3-47  reduce, increase, or abolish the tax under this section may, at the
   3-48  same time and on the same ballot, impose, reduce, increase, or
   3-49  abolish the additional sales and use tax imposed under Section
   3-50  321.101(b), Tax Code, if the city is authorized by Chapter 321, Tax
   3-51  Code, to impose, reduce, increase, or abolish the additional sales
   3-52  and use tax.  To do so, the city must follow the procedures of
   3-53  Chapter 321, Tax Code, except that in an election to impose,
   3-54  reduce, increase, or abolish the tax under this section and the
   3-55  additional sales and use tax the ballot shall be printed to provide
   3-56  for voting for or against the proposition:  "The adoption of a
   3-57  sales and use tax within the city for the promotion and development
   3-58  of new and expanded business enterprises at the rate of _____ of
   3-59  one percent (one-eighth, one-fourth, three-eighths, or one-half to
   3-60  be inserted as appropriate) and the adoption of an additional sales
   3-61  and use tax within the city at the rate of _____ of one percent to
   3-62  be used to reduce the property tax rate" (one-eighth, one-fourth,
   3-63  three-eighths, or one-half to be inserted as appropriate).
   3-64        (f)(1)  Dissolution of Corporation.  By order of the city's
   3-65  governing body, or on petition of 10 percent or more of the
   3-66  registered voters of the city requesting an election on the
   3-67  dissolution of the corporation, the governing body shall order an
   3-68  election on the dissolution of the corporation at the next
   3-69  available uniform election date that is not less than 45 days after
   3-70  the date that the order is issued or the petition is filed.  The
    4-1  election must be conducted according to the applicable provisions
    4-2  of the Election Code.
    4-3              (2)  Ballot Proposition for Dissolution Election.  The
    4-4  ballot for the election shall be printed to provide for voting for
    4-5  or against the proposition:  "Dissolution of the _______ (name of
    4-6  the corporation)." If a majority of voters voting on the issue
    4-7  approve the dissolution, the corporation shall continue operations
    4-8  only as necessary to pay the principal of and interest on its bonds
    4-9  and to meet obligations incurred before the date of the election
   4-10  and, to the extent practicable, shall dispose of its assets and
   4-11  apply the proceeds to satisfy those obligations.  When the last of
   4-12  the obligations is satisfied, any remaining assets of the
   4-13  corporation shall be transferred to the city, and the corporation
   4-14  is dissolved.  A tax imposed under this section may not be
   4-15  collected after the last day of the first calendar quarter
   4-16  beginning after notification to the comptroller by the corporation
   4-17  that the last of its obligations is satisfied.
   4-18        (g)(1)  Authorized Use of Sales Tax Proceeds.  On receipt of
   4-19  the proceeds of the sales and use tax imposed under this section
   4-20  from the comptroller, the eligible city shall deliver the proceeds
   4-21  to the corporation.  Tax proceeds may be used to pay the costs of a
   4-22  project authorized by this section.
   4-23              (2)  Definition of Authorized Project.  In this
   4-24  section, "project" means the land, buildings, equipment,
   4-25  facilities, and improvements found by the board of directors to be
   4-26  required or suitable for the development and expansion of
   4-27  manufacturing facilities, industrial facilities, warehouse
   4-28  facilities, distribution centers, recycling facilities, general
   4-29  aviation business service airports that are an integral part of an
   4-30  industrial park, and port-related facilities to support waterborne
   4-31  commerce.
   4-32              (3)  Improvements Ancillary to Project.  A project
   4-33  includes the cost of transportation facilities, water supply
   4-34  facilities, sewage or solid waste disposal facilities, air or water
   4-35  pollution control facilities, and other improvements ancillary and
   4-36  directly beneficial to a project.  Except as provided by Section 4B
   4-37  of this Act, a corporation may not use revenues from the sales tax
   4-38  authorized under this section for a project the primary purpose of
   4-39  which is to provide transportation facilities, water supply
   4-40  facilities, air or water pollution control facilities, or other
   4-41  municipal facilities for the benefit of the general public.
   4-42              (4)  Project Debt Service Costs.  A project includes
   4-43  any payments toward the principal of, interest on, and other costs
   4-44  relating to bonds or other obligations issued by the corporation to
   4-45  pay the costs of a project or to refund bonds or other obligations
   4-46  issued to pay the cost of a project.  The bonds or any instrument
   4-47  related to the bonds may not give a bondholder a right to demand
   4-48  payment from tax proceeds in excess of those collected from the tax
   4-49  imposed by this section.
   4-50              (5)  Authorization Limited to Specific Project.  At an
   4-51  election called or held under Subsection (d) of this section, the
   4-52  city may also allow the voters to vote on a ballot proposition that
   4-53  limits the use of the sales and use tax to a specific project
   4-54  authorized by this subsection.  If a city elects to limit the use
   4-55  to a specific project, in the ballot proposition prescribed by
   4-56  Subsection (e) of this section a description of the project shall
   4-57  be substituted in place of the words "new and expanded business
   4-58  enterprises."  When the last of its obligations for the specific
   4-59  project has been satisfied, the corporation shall send a notice to
   4-60  the comptroller stating that the sales and use tax imposed for the
   4-61  specific project may not be collected after the last day of the
   4-62  first calendar quarter beginning after the date of notification.  A
   4-63  sales and use tax imposed for a specific project under this
   4-64  subsection may not be collected after the last day of the first
   4-65  calendar quarter beginning after the date of the notification to
   4-66  the comptroller.  Revenue collected after the obligations for the
   4-67  specific project have been satisfied shall be forwarded by the
   4-68  state to the governing body to be used to pay current bonded
   4-69  indebtedness of the municipality.  A corporation that has been
   4-70  created to perform a specific project under this subsection may
    5-1  remain in existence and perform other projects approved by the
    5-2  voters of the city under an election called and held under
    5-3  Subsection (d) of this section.
    5-4              (6)  Assumption of PreExisting Debt.  A corporation
    5-5  under this section may not assume a debt or make any expenditure to
    5-6  pay principal or interest on a debt if the debt existed before the
    5-7  date the city created the corporation.
    5-8        (h)  Eminent Domain.  A corporation may exercise the power of
    5-9  eminent domain only on approval of the action by the governing body
   5-10  of the eligible city.  The power must be exercised in accordance
   5-11  with and subject to the laws applicable to the eligible city.
   5-12        (i)  Governmental Immunity under Tort Claims Act.  The
   5-13  corporation, a director of the corporation, the city creating the
   5-14  corporation, a member of the governing body of the city, or an
   5-15  employee of the corporation or city is not liable for damages
   5-16  arising from the performance of a governmental function of the
   5-17  corporation or city.  For the purposes of Subchapter A, Chapter
   5-18  101, Civil Practice and Remedies Code (Texas Tort Claims Act), the
   5-19  corporation is a governmental unit and its actions are governmental
   5-20  functions.
   5-21        (j)  Ownership of Projects under Tax Code.  The legislature
   5-22  finds for all constitutional and statutory purposes that projects
   5-23  undertaken under this section are owned, used, and held for public
   5-24  purposes for and on behalf of the eligible city incorporating the
   5-25  corporation, and Section 23(b) of this Act and Section 25.07(a),
   5-26  Tax Code, do not apply to leasehold or other possessory interests
   5-27  granted by the corporation during the period projects are owned by
   5-28  the corporation on behalf of the eligible city.  Projects are
   5-29  exempt from taxation under Section 11.11, Tax Code, for that
   5-30  period.
   5-31        (k)  Section 24 Applicability.  Section 24 of this Act does
   5-32  not apply to a corporation under this section.
   5-33        Sec. 4B.  Authorization to Levy Sales Tax for Other Than
   5-34  Industrial Development.  (a)  ELECTION.  A city that creates a
   5-35  corporation under Section 4A of this Act may submit to the voters
   5-36  of the city, at a separate election or at an election held under
   5-37  another provision of this Act, a ballot proposition that authorizes
   5-38  the corporation to use the sales and use tax for a specific project
   5-39  or for a specific category of projects that does not qualify under
   5-40  Section 4A of this Act but qualifies under the expanded project
   5-41  definition in Subsection (c) of this section.
   5-42        (b)  Ballot Proposition--Specific Project or Specific
   5-43  Category of Projects.  In the election to authorize the use of the
   5-44  sales or use tax for a specific project or for a specific category
   5-45  of projects not authorized under Section 4A of this Act, the
   5-46  project or category of projects must be clearly described on the
   5-47  ballot so that the average voter will be able to discern the limits
   5-48  that will control the expenditure of the proceeds of the tax.  If
   5-49  maintenance and operating costs of an otherwise authorized facility
   5-50  are to be paid from the sales or use tax, the ballot language must
   5-51  clearly state that fact.
   5-52        (c)(1)  Expanded "Project" Definition.   In this section,
   5-53  "project" or "category of projects" means land, buildings,
   5-54  equipment, facilities, and improvements described by Subdivisions
   5-55  (2) and (3) of this subsection.
   5-56              (2)  Municipal Facilities.  Municipal facility projects
   5-57  are land, buildings, equipment, facilities, and improvements found
   5-58  by the board of directors to be required or suitable for use for:
   5-59                    (A)  professional and amateur (including
   5-60  children's) sports, athletic, entertainment, tourist, convention,
   5-61  and public park purposes and events, including stadiums, ball
   5-62  parks, auditoriums, amphitheaters, concert halls, learning centers,
   5-63  parks, park facilities, open space improvements, municipal
   5-64  buildings, museums, exhibition facilities, and related store,
   5-65  restaurant, concession, and automobile parking facilities;
   5-66                    (B)  related area transportation facilities;
   5-67                    (C)  related roads, streets, and water and sewer
   5-68  facilities; and
   5-69                    (D)  other related improvements that enhance any
   5-70  of those items.
    6-1              (3)  Expanded Business Enterprises.  Expanded business
    6-2  enterprise projects are land, buildings, equipment, facilities, and
    6-3  improvements found by the board of directors to promote or develop
    6-4  new or expanded business enterprises, including a project to
    6-5  provide public safety facilities, streets and roads, drainage and
    6-6  related improvements, demolition of existing structures, general
    6-7  municipally owned improvements, and any improvements or facilities
    6-8  that are related to any of those projects.
    6-9        (d)  SPECIFIC PROJECT UNDER GENERAL AUTHORITY.  If a
   6-10  corporation has previously held an election authorizing a category
   6-11  of projects, the corporation may undertake a project of the general
   6-12  type described by the category unless within 60 days after the date
   6-13  of first publishing notice of the project the governing body of the
   6-14  city receives a petition signed by more than 10 percent of the
   6-15  registered voters of the city requesting that an election be held
   6-16  before that specific project is undertaken.  If such a petition is
   6-17  submitted, the corporation may undertake the project only if the
   6-18  specific project is approved at a subsequent election.
   6-19        (e)(1)  Previous Election in Certain Cities.  An election
   6-20  under Section 4A(d) of this Act is not required to carry out a
   6-21  project under this section in a city that is located in a county
   6-22  with a population in excess of 750,000 if a sales and use tax was
   6-23  approved under this section at an election held before February 1,
   6-24  1993.
   6-25              (2)  Bond Requirements.  In a city to which Subdivision
   6-26  (1) of this section applies, bonds or other obligations having a
   6-27  maturity not longer than 30 years and issued to pay the costs of
   6-28  projects of the types authorized by this section may be made
   6-29  payable from any source of funds available to the corporation,
   6-30  including the proceeds of a sales and use tax imposed under this
   6-31  section.  The sum of the principal amount of bonds and other
   6-32  obligations that by their terms are payable in whole or in part
   6-33  from the sales and use tax plus the amount of the costs of the
   6-34  projects, other than interest on bonds and other obligations, for
   6-35  which payment is made in cash directly from the proceeds of the tax
   6-36  may not exceed $135 million.  The bonds or other obligations that
   6-37  by their terms are payable from the tax may not be paid in whole or
   6-38  part from property taxes raised by the eligible city, are not a
   6-39  debt of the eligible city, and do not give rise to a claim for
   6-40  payment against the eligible city except as to sales and use tax
   6-41  revenue held by a city and required under this section to be paid
   6-42  over to the corporation.
   6-43              (3)  Expiration of Sales and Use Tax.  In a city to
   6-44  which Subdivision (1) of this subsection applies, a sales and use
   6-45  tax imposed for a project under this section may not be collected
   6-46  after the last day of the first calendar quarter occurring after
   6-47  notification to the comptroller by the corporation that all bonds
   6-48  or other obligations of the corporation that are payable in whole
   6-49  or in part from the proceeds of the sales and use tax under this
   6-50  section, including any refunding bonds or other obligations, have
   6-51  been paid in full or the full amount of money, exclusive of
   6-52  guaranteed interest, necessary to pay in full the bonds and other
   6-53  obligations has been set aside in a trust account dedicated to the
   6-54  payment of the bonds and other obligations.  <(a)  This section
   6-55  applies only to a city:>
   6-56              <(1)  located in a county with a population of 500,000
   6-57  or fewer according to the most recent federal decennial census; or>
   6-58              <(2)  with a population of fewer than 50,000 according
   6-59  to the most recent federal decennial census that:>
   6-60                    <(A)  is located in two or more counties, one of
   6-61  which has a population of 500,000 or greater according to the most
   6-62  recent federal decennial census;>
   6-63                    <(B)  is located within the territorial limits
   6-64  but has not elected to become a part of a metropolitan rapid
   6-65  transit authority that has a principal city with a population of
   6-66  less than 1.2 million according to the most recent federal
   6-67  decennial census, with such authority being created before January
   6-68  1, 1980, under Chapter 141, Acts of the 63rd Legislature, Regular
   6-69  Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes); or>
   6-70                    <(C)  is located within the territorial limits
    7-1  but has not elected to become a part of a metropolitan rapid
    7-2  transit authority that has a principal city with a population of
    7-3  more than 750,000 according to the most recent federal decennial
    7-4  census, with such authority being created under Chapter 683, Acts
    7-5  of the 66th Legislature, Regular Session, 1979 (Article 1118y,
    7-6  Vernon's Texas Civil Statutes).>
    7-7        <(b)(1)  A city may create a corporation under this Act
    7-8  governed by this section.  The corporation has the powers and is
    7-9  subject to the limitations of a corporation created under other
   7-10  provisions of this Act.  To the extent of a conflict between this
   7-11  section and another provision of this Act, this section prevails.
   7-12  The articles of incorporation of a corporation under this section
   7-13  must state that the corporation is governed by this section.  A
   7-14  city may not create more than one corporation governed by this
   7-15  section.  A corporation created under this section may spend no
   7-16  more than 10 percent of the corporate revenues for promotional
   7-17  purposes and may contract with other existing private corporations
   7-18  to carry out industrial development programs consistent with the
   7-19  purposes and duties as set out in this Act.>
   7-20              <(2)  Notwithstanding Subdivision (1), a corporation
   7-21  created under this section may spend no more than 25 percent of the
   7-22  corporate revenues for promotional purposes if the corporation was
   7-23  created by a city:>
   7-24                          <(i)  the municipal limits of which include
   7-25  two counties;>
   7-26                          <(ii)  that has less than 24,250 population
   7-27  according to the 1990 federal census; and>
   7-28                          <(iii)  any part of which is located within
   7-29  ten miles of a federal military reservation.>
   7-30        <(c)  The board of directors of a corporation under this
   7-31  section consists of five directors who are appointed by the
   7-32  governing body of the city and who serve at the pleasure of the
   7-33  governing body.  A majority of the entire membership of the board
   7-34  constitutes a quorum.  The board shall conduct each of its meetings
   7-35  within the boundaries of the city.  The board shall appoint a
   7-36  president, a secretary, and other officers of the corporation that
   7-37  the governing body of the city considers necessary.  The
   7-38  corporation's registered agent must be an individual resident of
   7-39  the state and the corporation's registered office must be within
   7-40  the boundaries of the city.>
   7-41        <(d)  The city may levy a sales and use tax for the benefit
   7-42  of a corporation under this section if the tax is authorized by a
   7-43  majority of the qualified voters of the city voting at an election
   7-44  called and held for that purpose.  If the city adopts the tax,
   7-45  there is imposed a tax on the receipts from the sale at retail of
   7-46  taxable items within the city at the rate approved by the voters.
   7-47  The rate must be equal to one-eighth, one-fourth, three-eighths, or
   7-48  one-half of one percent.  The city may not adopt a rate that would
   7-49  result in a combined rate of all sales and use taxes, including the
   7-50  tax under this section, imposed by the city and other political
   7-51  subdivisions of this state having territory in the city that
   7-52  exceeds two percent.  An election adopting a rate that exceeds the
   7-53  limit on the combined rate has no effect.  There is also imposed an
   7-54  excise tax on the use, storage, or other consumption within the
   7-55  city of taxable items purchased, leased, or rented from a retailer
   7-56  during the period that the tax is effective within the city.  The
   7-57  rate of the excise tax is the same as the rate of the sales tax
   7-58  portion of the tax and is applied to the sales price of the taxable
   7-59  items.>
   7-60        <(e)  The Municipal Sales and Use Tax Act (Chapter 321, Tax
   7-61  Code) governs an election to authorize the imposition of the sales
   7-62  and use tax under this section and governs the imposition,
   7-63  computation, administration, governance, abolition, and use of the
   7-64  tax except as inconsistent with this section. If an election is
   7-65  held under Subsection (f) of this section at the same time as
   7-66  another election under this section and an additional sales and use
   7-67  tax under Section 321.101(b), Tax Code, is adopted or repealed or
   7-68  its rate is increased or reduced, each tax under this section and
   7-69  the imposition or change in the rate of the additional sales and
   7-70  use tax takes effect as provided by Section 321.102(b), Tax Code.>
    8-1        <(f)  On receipt of the proceeds of the sales and use tax
    8-2  imposed under this section from the comptroller, the city shall
    8-3  deliver the proceeds to the corporation to use in carrying out its
    8-4  functions.  Tax proceeds may be used to pay the principal of,
    8-5  interest on, and other costs relating to the corporation's bonds,
    8-6  but neither the bonds nor any instrument related to the bonds may
    8-7  give a bondholder a right to demand payment from tax proceeds in
    8-8  excess of those collected from the tax imposed by this section.>
    8-9        <(g)  The corporation may not exercise the power of eminent
   8-10  domain except by action of the governing body of the city that
   8-11  created the corporation.>
   8-12        <(h)  Section 24 of this Act does not apply to a corporation
   8-13  under this section.>
   8-14        <(i)  Except as provided by this subsection, the corporation
   8-15  may not undertake a project the primary purpose of which is to
   8-16  provide transportation facilities, solid waste disposal facilities,
   8-17  or air or water pollution control facilities.  However, the
   8-18  corporation may provide those facilities to benefit property
   8-19  acquired for a project having another primary purpose.  The
   8-20  corporation may undertake a project the primary purpose of which is
   8-21  to provide:>
   8-22              <(1)  a general aviation business service airport that
   8-23  is an integral part of an industrial park; or>
   8-24              <(2)  port-related facilities to support waterborne
   8-25  commerce.>
   8-26        <(j)  The corporation, a director of the corporation, the
   8-27  city creating the corporation, a member of the governing body of
   8-28  the city, or an employee of the corporation or city is not liable
   8-29  for damages arising from the performance of a governmental function
   8-30  of the corporation or city.  For the purposes of the Texas Tort
   8-31  Claims Act (Subchapter A, Chapter 101, Civil Practice and Remedies
   8-32  Code), the corporation is a governmental unit and its actions are
   8-33  governmental functions.>
   8-34        <(k)  On petition of 10 percent or more of the registered
   8-35  voters of the city requesting an election on the dissolution of the
   8-36  corporation, the governing body shall order an election on the
   8-37  issue at the next available uniform election date that is not less
   8-38  than 45 days after the date that the petition is filed.  The
   8-39  election must be conducted according to the applicable provisions
   8-40  of the Election Code.  The ballot for the election shall be printed
   8-41  to provide for voting for or against the proposition:  "Dissolution
   8-42  of the ________________ (name of the corporation)."  If a majority
   8-43  of voters voting on the issue approve the dissolution, the
   8-44  corporation shall continue operations only as necessary to pay the
   8-45  principal of and interest on its bonds and to meet obligations
   8-46  incurred before the date of the election and, to the extent
   8-47  practicable, shall dispose of its assets and apply the proceeds to
   8-48  satisfy those obligations.  When the last of the obligations is
   8-49  satisfied, any remaining assets of the corporation shall be
   8-50  transferred to the city, and the corporation is dissolved.  A tax
   8-51  imposed under this section may not be collected after the last day
   8-52  of the first calendar quarter beginning after notification to the
   8-53  comptroller by the corporation that the last of its obligations is
   8-54  satisfied.>
   8-55        <(l)  On approval of the governing body of each unit and
   8-56  corporation involved, a corporation created under this Act that is
   8-57  not created under this section may transfer all of its assets to a
   8-58  corporation governed by this section and dissolve as provided by
   8-59  this Act.>
   8-60        <(m)  In an election to adopt the tax under this section, the
   8-61  ballot shall be printed to provide for voting for or against the
   8-62  proposition:  "The adoption of a sales and use tax for the
   8-63  promotion and development of new and expanded business enterprises
   8-64  at the rate of ________ of one percent" (one-eighth, one-fourth,
   8-65  three-eighths, or one-half to be inserted as appropriate).>
   8-66        <(n)  At an election called and held under Subsection (d) or
   8-67  (o) of this section, the city may also allow the voters to vote on
   8-68  a ballot proposition that limits the length of time that a sales
   8-69  and use tax may be imposed.  If a city elects to limit the period
   8-70  the sales and use tax may be imposed, there shall be added to the
    9-1  end of the ballot proposition prescribed by Subsection (m) of this
    9-2  section:  "to be imposed for ________ years" (the number of years
    9-3  to be inserted as appropriate).  The governing body of the city
    9-4  shall set the expiration date of the proposed tax to occur on the
    9-5  appropriate anniversary of the effective date of the tax.  A sales
    9-6  and use tax imposed for a limited period under this subsection
    9-7  expires on the date set by the governing body under this section or
    9-8  on an earlier date if, by a majority of the voters voting in an
    9-9  election held in the city, the tax is repealed.  If an earlier
   9-10  abolition election is held, Sections 321.102(a) and 321.402(b), Tax
   9-11  Code, apply to the date of repeal.  A tax that is approved without
   9-12  a limit on its period of imposition is effective until repealed by
   9-13  election.  Before the 60th day before the date that a tax is to
   9-14  expire, the governing body shall send a notice to the comptroller
   9-15  stating the expiration date of the tax.  Revenue collected after
   9-16  the expiration of the tax from the imposition of the tax after its
   9-17  expiration date shall be forwarded by the state to the governing
   9-18  body to be used to pay current bonded indebtedness of the
   9-19  municipality.  A municipality that has imposed a tax under this
   9-20  section may not extend the period of the tax's imposition or
   9-21  reimpose the tax after its expiration date.  If a city reduces the
   9-22  rate of an additional sales and use tax under Chapter 321, Tax
   9-23  Code, to impose a tax under this section for a limited period as
   9-24  provided under this subsection, and does not have an election to
   9-25  change the rate of the additional sales and use tax before the
   9-26  expiration date of the tax under this section, the rate of the
   9-27  additional sales and use tax under Section 321.101(b), Tax Code, in
   9-28  the city returns to its previous rate in effect at the time the tax
   9-29  imposed under this section was adopted on the expiration date of
   9-30  the tax under this section without having to hold an election under
   9-31  Chapter 321, Tax Code, to impose the increase in the rate.>
   9-32        <(o)  In a city in which a sales and use tax for the benefit
   9-33  of a corporation has been imposed under this section, in the same
   9-34  manner and by the same procedure the city by majority vote of the
   9-35  qualified voters of the city voting at an election called and held
   9-36  for the purpose may reduce or increase the tax.  The rate may be
   9-37  reduced in one or more increments of one-eighth of one percent to a
   9-38  minimum of one-eighth of one percent or increased in one or more
   9-39  increments of one-eighth of one percent to a maximum of one-half of
   9-40  one percent.  On petition of 10 percent or more of the registered
   9-41  voters of the city requesting an election on the increase or
   9-42  decrease of the tax under this section, the governing body of the
   9-43  city shall order an election on the issue.  The ballot shall be
   9-44  printed in the same manner as the ballot under Subsection (m) of
   9-45  this section.>
   9-46        <(p)  A city that is authorized by this section to impose,
   9-47  reduce, increase, or abolish the tax under this section may, at the
   9-48  same time and on the same ballot, impose, reduce, increase, or
   9-49  abolish the additional sales and use tax imposed under Section
   9-50  321.101(b), Tax Code, if the city is authorized by Chapter 321, Tax
   9-51  Code, to impose, reduce, increase, or abolish the additional sales
   9-52  and use tax.  The city must follow, in relation to the imposition,
   9-53  reduction, increase, or abolishment of the additional sales and use
   9-54  tax imposed under Section 321.101(b), Tax Code, the procedures of
   9-55  that chapter, except that in an election to impose, reduce,
   9-56  increase, or abolish the tax under this section and the additional
   9-57  sales and use tax the ballot shall be printed to provide for voting
   9-58  for or against the proposition:  "The adoption of a sales and use
   9-59  tax within the city for the promotion and development of new and
   9-60  expanded business enterprises at the rate of __________ of one
   9-61  percent (one-eighth, one-fourth, three-eighths, or one-half to be
   9-62  inserted as appropriate) and the adoption of an additional sales
   9-63  and use tax within the city at the rate of ________ of one percent
   9-64  to be used to reduce the property tax rate" (one-eighth,
   9-65  one-fourth, three-eighths, or one-half to be inserted as
   9-66  appropriate).>
   9-67        <(q)  A corporation under this section may not assume a debt
   9-68  or make any expenditure to pay principal or interest on a debt if
   9-69  the debt existed before the date the city created the corporation.>
   9-70        <(r)  At an election called or held under Subsection (d) or
   10-1  (o) of this section, the city may also allow the voters to vote on
   10-2  a ballot proposition that limits the use of the sales and use tax
   10-3  to a specific project.  If a city elects to limit the use to a
   10-4  specific project, in the ballot proposition prescribed by
   10-5  Subsection (m) or (p) a description of the project shall be
   10-6  substituted in place of the words "new and expanded business
   10-7  enterprises."   When the last of its obligations for the specific
   10-8  project have been satisfied, the corporation shall send a notice to
   10-9  the comptroller stating that the sales and use tax imposed for the
  10-10  specific project may not be collected after the last day of the
  10-11  first calendar quarter beginning after the date of notification.  A
  10-12  sales and use tax imposed for a specific project under this
  10-13  subsection may not be collected after the last day of the first
  10-14  calendar quarter beginning after the date of the notification to
  10-15  the comptroller.  Revenue collected after the obligations for the
  10-16  specific project have been satisfied shall be forwarded by the
  10-17  state to the governing body to be used to pay current bonded
  10-18  indebtedness of the municipality.  A corporation that has been
  10-19  created to perform a specific project under this subsection may
  10-20  retain its corporate existence and perform other projects as may be
  10-21  approved by the voters of the city under an election called and
  10-22  held under Subsection (d) or (o) of this section.>
  10-23        <Sec. 4B.  (a)  In this section:>
  10-24              <(1)  "Eligible city" means a city:>
  10-25                    <(A)  that is located in a county with a
  10-26  population of 750,000 or more, according to the most recent federal
  10-27  decennial census and in which the combined rate of all sales and
  10-28  use taxes imposed by the city, the state, and other political
  10-29  subdivisions of the state having territory in the city does not
  10-30  exceed 7.25 percent on the date of any election held under or made
  10-31  applicable to this section;>
  10-32                    <(B)  that has a population of 400,000 or more,
  10-33  according to the most recent federal decennial census, and that is
  10-34  located in more than one county, and in which the combined rate of
  10-35  all sales and use taxes imposed by the city, the state, and other
  10-36  political subdivisions of the state having territory in the city,
  10-37  including taxes under this section, does not exceed 8.25 percent;
  10-38  or>
  10-39                    <(C)  to which Section 4A of this Act applies.>
  10-40              <(2)  "Project" means land, buildings, equipment,
  10-41  facilities, and improvements included in the definition of that
  10-42  term under Section 2 of this Act, including recycling facilities,
  10-43  and land, buildings, equipment, facilities, and improvements found
  10-44  by the board of directors to:>
  10-45                    <(A)  be required or suitable for use for
  10-46  professional and amateur (including children's) sports, athletic,
  10-47  entertainment, tourist, convention, and public park purposes and
  10-48  events, including stadiums, ball parks, auditoriums, amphitheaters,
  10-49  concert halls, learning centers, parks and park facilities, open
  10-50  space improvements, municipal buildings, museums, exhibition
  10-51  facilities, and related store, restaurant, concession, and
  10-52  automobile parking facilities, related area transportation
  10-53  facilities, and related roads, streets, and water and sewer
  10-54  facilities, and other related improvements that enhance any of
  10-55  those items; or>
  10-56                    <(B)  promote or develop new or expanded business
  10-57  enterprises, including a project to provide public safety
  10-58  facilities, streets and roads, drainage and related improvements,
  10-59  demolition of existing structures, general municipally owned
  10-60  improvements, as well as any improvements or facilities that are
  10-61  related to any of those projects and any other project that the
  10-62  board in its discretion determines promotes or develops new or
  10-63  expanded business enterprises.>
  10-64        <(a-1)  A corporation may undertake a project under this
  10-65  section unless within 60 days after first publishing notice of a
  10-66  specific project or type of general project the governing body of
  10-67  the city receives a petition from more than 10 percent of the
  10-68  registered voters of the city where the petition requests that an
  10-69  election be held before that specific project or that general type
  10-70  of project is undertaken.  An election is not required to be held
   11-1  after the submission of a petition if the qualified citizens of the
   11-2  city have previously approved the undertaking of a specific project
   11-3  or that general type of project at an election called for that
   11-4  purpose by the governing body of the city or in conjunction with
   11-5  another election required to be held under this section.>
   11-6        <(a-2)  The costs of a publicly owned and operated project
   11-7  that is purchased or constructed under this section include the
   11-8  maintenance and operating costs of the project, and the proceeds of
   11-9  taxes may be used to pay the maintenance and operating costs of a
  11-10  project, unless within 60 days after first publishing notice of
  11-11  this specific use of the proceeds of the taxes the governing body
  11-12  of the city receives a petition from more than 10 percent of the
  11-13  registered voters of the city where the petition requests that an
  11-14  election be held before the proceeds of taxes imposed under this
  11-15  section may be used to pay the maintenance and operating costs of a
  11-16  project.   An election is not required to be held after the
  11-17  submission of a petition if the qualified citizens of the city have
  11-18  previously approved that the costs of a publicly owned and operated
  11-19  project purchased or constructed under this section include the
  11-20  maintenance and operating costs of the project and that the
  11-21  proceeds of taxes may be used to pay the maintenance and operating
  11-22  costs of a project, at an election called for that purpose by the
  11-23  governing body of the city or in conjunction with another election
  11-24  required to be held under this section.  The election in this
  11-25  subsection shall not be required in a municipality located in a
  11-26  county with a population in excess of 750,000 that has held an
  11-27  election prior to February 1, 1993, under this section and at which
  11-28  election the additional sales tax was approved.>
  11-29        <(b)  An eligible city may create a corporation under this
  11-30  Act governed by this section.  The corporation has the powers
  11-31  granted by this section and by other sections of this Act and is
  11-32  subject to the limitations of a corporation created under other
  11-33  provisions of this Act.  To the extent of a conflict between this
  11-34  section and another provision of this Act, this section prevails.
  11-35  The articles of incorporation of a corporation under this section
  11-36  must state that the corporation is governed by this section and may
  11-37  include within its name any words and phrases specified by the
  11-38  eligible city.  An eligible city may not create more than one
  11-39  corporation governed by this section.>
  11-40        <(c)  The board of directors of a corporation under this
  11-41  section consists of seven directors who are appointed by the
  11-42  governing body of the eligible city for two-year terms of office.
  11-43  A director may be removed by the governing body of the eligible
  11-44  city at any time without cause.  Each director must be a resident
  11-45  of the eligible city.  Three directors shall be persons who are not
  11-46  employees, officers, or members of the governing body of the
  11-47  eligible city.  A majority of the entire membership of the board is
  11-48  a quorum.  The board shall conduct all meetings within the
  11-49  boundaries of the eligible city.  The board shall appoint a
  11-50  president, a secretary, and other officers of the corporation that
  11-51  the governing body of the eligible city considers necessary.  The
  11-52  corporation's registered agent must be an individual resident of
  11-53  the state and the corporation's registered office must be within
  11-54  the boundaries of the eligible city.>
  11-55        <(d)  The governing body of an eligible city by ordinance may
  11-56  levy a sales and use tax for the benefit of the corporation under
  11-57  this section if the tax is authorized by a majority of the
  11-58  qualified voters of the eligible city voting at an election called
  11-59  and held for that purpose in accordance with Chapter 321, Tax Code.
  11-60  This election requirement is satisfied and another election is not
  11-61  required if the voters of the eligible city approved the levy and
  11-62  collection of an additional one-half cent sales and use tax at an
  11-63  election held before the effective date of this section under an
  11-64  ordinance calling the election that was published in a newspaper of
  11-65  general circulation within the eligible city at least 14 days in
  11-66  advance of the election and that expressly stated that the election
  11-67  was held in anticipation of the enactment of enabling and
  11-68  implementing legislation without further elections.  An election
  11-69  described by this section and held before the effective date of
  11-70  this section is validated as of the date on which the election
   12-1  occurred.>
   12-2        <(e)  The rate of a tax adopted under this section must be
   12-3  one-eighth, one-fourth, three-eighths, or one-half of one percent.
   12-4  The ballot proposition at the election held to adopt the tax must
   12-5  specify the rate of the tax to be adopted.  A corporation that
   12-6  holds an election to reduce a tax imposed under Section 4A of this
   12-7  Act may in a separate proposition on the same ballot adopt a tax
   12-8  under this section.  If an eligible city adopts the tax, a tax is
   12-9  imposed on the receipts from the sale at retail of taxable items
  12-10  within the eligible city at a rate approved by the governing body
  12-11  of the eligible city.  The rate must be equal to one-eighth,
  12-12  one-fourth, three-eighths, or one-half of one percent.  There is
  12-13  also imposed an excise tax on the use, storage, or other
  12-14  consumption within the eligible city of tangible personal property
  12-15  purchased, leased, or rented from a retailer during the period that
  12-16  the tax is effective within the eligible city.  The rate of the
  12-17  excise tax is the same as the rate of the sales tax portion of the
  12-18  tax and is applied to the sale price of the tangible personal
  12-19  property.>
  12-20        <(f)  Chapter 321, Tax Code, governs the imposition,
  12-21  computation, administration, collection, and remittance of the tax
  12-22  except as inconsistent with this section.  The tax imposed under
  12-23  this section takes effect as provided by Section 321.102(a), Tax
  12-24  Code.  If, however, an election is held under this section at the
  12-25  same time an election is held to impose or change the rate of the
  12-26  additional municipal sales and use tax, the tax under this section
  12-27  and the imposition or change in rate of the additional municipal
  12-28  sales and use tax take effect as provided by Section 321.102(b),
  12-29  Tax Code.  After the effective date of the taxes imposed under this
  12-30  section, the adoption of a sales and use tax or the attempted
  12-31  adoption of a sales and use tax by the eligible city or any other
  12-32  taxing jurisdiction having territory in the city does not impair
  12-33  the taxes imposed under this section.>
  12-34        <(g)  On receipt of the proceeds of the sales and use tax
  12-35  imposed under this section from the comptroller, the eligible city
  12-36  shall deliver the proceeds to the corporation.  Tax proceeds may be
  12-37  used to:>
  12-38              <(1)  pay the costs of projects of the types added to
  12-39  the definition of that term by Subsection (a) of this section; or>
  12-40              <(2)  pay the principal of, interest on, and other
  12-41  costs relating to bonds or other obligations issued by the
  12-42  corporation to pay the costs of the projects or to refund bonds or
  12-43  other obligations issued to pay the costs of projects.>
  12-44        <(h)  Bonds or other obligations having a maturity not longer
  12-45  than 30 years and issued to pay the costs of projects of the types
  12-46  added to the definition of that term by Subsection (a) of this
  12-47  section may be made payable from any source of funds available to
  12-48  the corporation, including the proceeds of a sales and use tax
  12-49  imposed under this section.  The principal amount of bonds and
  12-50  other obligations that by their terms are payable in whole or in
  12-51  part from the sales and use tax, together with the amount of the
  12-52  costs of the projects, other than interest on bonds and other
  12-53  obligations, for which payment is made in cash directly from the
  12-54  proceeds of the tax, may not, in the aggregate, exceed $135
  12-55  million.  The bonds or other obligations that by their terms are
  12-56  payable from the tax may not be paid in whole or in part from any
  12-57  property taxes raised or to be raised by the eligible city and are
  12-58  not a debt of and do not give rise to a claim for payment against
  12-59  the eligible city except as to sales and use tax revenue held by a
  12-60  city and required under this section to be paid over to the
  12-61  corporation.>
  12-62        <(i)  A sales and use tax imposed under this section may not
  12-63  be collected after the last day of the first calendar quarter
  12-64  occurring after notification to the comptroller by the corporation
  12-65  that all bonds or other obligations of the corporation that are
  12-66  payable in whole or in part from the proceeds of the sales and use
  12-67  tax under this section, including any refunding bonds or other
  12-68  obligations, have been paid in full or the full amount of money,
  12-69  exclusive of guaranteed interest, necessary to pay in full the
  12-70  bonds and other obligations has been set aside in a trust account
   13-1  dedicated to the payment of the bonds and other obligations.>
   13-2        <(j)  The corporation may exercise the power of eminent
   13-3  domain only on approval of the action by the governing body of the
   13-4  eligible city.  The power must be exercised in accordance with and
   13-5  subject to the laws applicable to the eligible city.>
   13-6        <(k)  The legislature finds for all constitutional and
   13-7  statutory purposes that projects of the types added to the
   13-8  definition of that term by Subsection (a) of this section are
   13-9  owned, used, and held for public purposes for and on behalf of the
  13-10  eligible city incorporating the corporation, and Section 23(b) of
  13-11  this Act and Section 25.07(a), Tax Code, are not applicable to
  13-12  leasehold or other possessory interests granted by the corporation
  13-13  during the period projects are owned by the corporation on behalf
  13-14  of the eligible city.  Projects are exempt from taxation under
  13-15  Section 11.11, Tax Code, for that period.>
  13-16        <(l)  Section 24 of this Act does not apply to a corporation
  13-17  under this section.>
  13-18        <(m)  The corporation, a director of the corporation, the
  13-19  eligible city creating the corporation, a member of the governing
  13-20  body of the eligible city, or an employee of the corporation or
  13-21  eligible city is not liable for damages arising from the
  13-22  performance of a governmental function of the corporation or
  13-23  eligible city.  For the purposes of Chapter 101, Civil Practice and
  13-24  Remedies Code, the corporation is a governmental unit and its
  13-25  actions are governmental functions.>
  13-26        <(n)  Before expending funds to undertake a project, a
  13-27  corporation under this section shall hold at least one public
  13-28  hearing on the proposed project.>
  13-29        SECTION 2.  (a)  A corporation created before the effective
  13-30  date of this Act under Section 4A or 4B, Development Corporation
  13-31  Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes),
  13-32  continues to exist on and after the effective date of this Act as
  13-33  if the corporation were created under Section 4A, Development
  13-34  Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
  13-35  Statutes), as amended by this Act.  The city that created the
  13-36  corporation may continue to collect any tax authorized for the
  13-37  benefit of the corporation before the effective date of this Act,
  13-38  and the corporation may continue to undertake any project
  13-39  authorized for the corporation before the effective date of this
  13-40  Act.  The tax and project are subject to the same restrictions
  13-41  applicable under Sections 4A and 4B as those sections existed
  13-42  immediately before the effective date of this Act.  A tax
  13-43  authorized for the corporation or project undertaken by the
  13-44  corporation on or after the effective date of this Act is governed
  13-45  by Sections 4A and 4B as those sections are amended by this Act.
  13-46        (b)  Before January 1, 1996, the articles of incorporation of
  13-47  a corporation created before the effective date of this Act under
  13-48  Section 4B, Development Corporation Act of 1979 (Article 5190.6,
  13-49  Vernon's Texas Civil Statutes), as it existed before amendment by
  13-50  this Act, shall be amended to state that the corporation is
  13-51  governed by Section 4A of that Act.
  13-52        SECTION 3.  The importance of this legislation and the
  13-53  crowded condition of the calendars in both houses create an
  13-54  emergency and an imperative public necessity that the
  13-55  constitutional rule requiring bills to be read on three several
  13-56  days in each house be suspended, and this rule is hereby suspended,
  13-57  and that this Act take effect and be in force from and after its
  13-58  passage, and it is so enacted.
  13-59                               * * * * *