JWB S.B. 1596 75(R)BILL ANALYSIS


WAYS & MEANS
S.B. 1596
By: Ellis / et al. (Berlanga)
5-13-97
Committee Report (Unamended)



BACKGROUND 

Currently, the Texas Voluntary Cleanup Program (VCP) administered by the
Texas Natural Resource Conservation Commission provides incentives to
encourage the cleanup of contaminated sites in Texas. However, due to the
high costs associated with these types of cleanups, additional incentives
may be needed. 

PURPOSE

The bill provides an incentive for the development of cleanup sites of
contaminated areas by creating a four-year property tax incentive to
eligible individuals that clean up and redevelop eligible properties
subject to the Texas Voluntary Cleanup Program. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 312.002(a), Tax Code (Eligibility of Taxing Unit
to Participate in Tax Abatement), to require the guidelines applicable to
property other than property described by Section 312.211(a) [a new
section added by this bill] to provide for the availability of tax
abatement for both new facilities and structures and for the expansion or
modernization of existing facilities and structures. 

SECTION 2. Amends Sections 312.201(c) and (d), Tax Code (Designation of
Reinvestment Zone), to provide that, under certain conditions, the
reinvestment zone in which a property is considered to be located for
purposes of executing an agreement under Section 312.211, among other
sections, is determined by the comprehensive zoning ordinance, if any, of
the municipality. Prohibits a governing board from adopting an ordinance
designating an area as a reinvestment zone until the governing body has
held a public hearing on the designation and has found that the
improvements sought are feasible and practical and would be a benefit to
the land to be included in the zone and to the municipality after the
expiration of an agreement entered into under Section 312.211, as
applicable, among other sections. 

SECTION 3.Amends Section 312.2041(a), Tax Code (Notice of Tax Abatement
Agreement to Other Taxing Units), to make a conforming change. 

SECTION 4. Amends Section 312.205, Tax Code (Specific Terms of Tax
Abatement Agreement), to make conforming changes. 

SECTION 5. Amends Sections 312.206(a) and (c), Tax Code (Tax Abatement by
Other Taxing Units), to make conforming changes. 

SECTION 6. Amends Subchapter B, Chapter 312, Tax Code (Tax Abatement in
Municipal  Reinvestment Zone), by adding Section 312.211, AGREEMENT BY
MUNICIPALITY RELATING TO PROPERTY SUBJECT TO VOLUNTARY CLEANUP AGREEMENT. 

Provides that this section applies only to certain tangible personal
property and real property. Authorizes the governing body of a
municipality eligible to enter into a tax abatement agreement under
Section 312.002 to agree in writing with the owner of property described
by Subsection (a) to exempt from taxation a portion of the value of the
property for a period not to exceed four years. Provides that the
agreement takes affect on January 1 of the next tax year after the date
the owner receives a certificate of completion for the property under
Section 361.609, Health and Safety Code. Authorizes the agreement to
exempt from taxation certain property. Prohibits a property owner from
receiving tax abatement under this section for the first tax year covered
by the agreement unless the property owner includes with the application
for an exemption under Section 11.28 filed with the chief appraiser of the
appraisal district in which the property has situs a copy of the
certificate of completion for the property. Provides that a certain
property owner is not required to refile the certificate in a subsequent
tax year to receive a tax abatement under this section for the property
for that tax year. Requires the chief appraiser to accept a certificate of
completion filed under Subsection (c) as conclusive evidence of the facts
stated in the certificate. Authorizes the governing body of the
municipality to cancel or modify the agreement under certain conditions.
Authorizes a municipality to enter into a tax abatement agreement covering
property described by Subsection (a) or under Section 312.204, but not
both sections. Provides that Section 312.204 applies to an agreement
entered into under this section except as otherwise provided by this
section. Prohibits a school district from entering into a tax abatement
agreement under this section. 

SECTION 7. Amends Section 312.402(a), Tax Code (County Tax Abatement
Agreement), to provide that the execution, duration, and other terms of a
certain agreement under this section are governed by the provisions of
Section 312.211, among other sections. Makes a conforming change. 

SECTION 8. Effective date: September 1, 1997.  Makes application of this
Act prospective to January 1, 1998. 

SECTION 9. Emergency clause.