By Hill H.B. No. 1410
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing economic development corporations to
1-3 provide affordable housing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2(10), Development Corporation Act of
1-6 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
1-7 read as follows:
1-8 (10) "Project" shall mean the land, buildings,
1-9 equipment, facilities, and improvements (one or more) found by the
1-10 board of directors to be required or suitable for the promotion of
1-11 development and expansion of manufacturing and industrial
1-12 facilities, transportation facilities (including but not limited to
1-13 airports, ports, mass commuting facilities, and parking
1-14 facilities), sewage or solid waste disposal facilities, recycling
1-15 facilities, air or water pollution control facilities, facilities
1-16 for the furnishing of water to the general public, affordable
1-17 housing (as defined by 42 U.S.C. Section 12745), distribution
1-18 centers, small warehouse facilities capable of serving as
1-19 decentralized storage and distribution centers, and facilities
1-20 which are related to any of the foregoing, and in furtherance of
1-21 the public purposes of this Act, all as defined in the rules of the
1-22 department, irrespective of whether in existence or required to be
1-23 identified, acquired, or constructed thereafter. As used in this
1-24 Act, the term "development areas" shall mean any area or areas of a
2-1 city that the city finds and determines, after a public hearing,
2-2 should be developed in order to meet the development objectives of
2-3 the city. In addition, in blighted or economically depressed
2-4 areas, development areas, federally designated empowerment zones
2-5 and enterprise communities designated under Section 1391, Internal
2-6 Revenue Code of 1986, or federally assisted new communities located
2-7 within a home-rule city or a federally designated economically
2-8 depressed county of less than 50,000 persons according to the last
2-9 federal decennial census, a project may include the land,
2-10 buildings, equipment, facilities, and improvements (one or more)
2-11 found by the board of directors to be required or suitable for the
2-12 promotion of commercial development and expansion and in
2-13 furtherance of the public purposes of this Act, or for use by
2-14 commercial enterprises, all as defined in the rules of the
2-15 department, irrespective of whether in existence or required to be
2-16 acquired or constructed thereafter. As used in this Act, the term
2-17 blighted or economically depressed areas shall mean those areas and
2-18 areas immediately adjacent thereto within a city which by reason of
2-19 the presence of a substantial number of substandard, slum,
2-20 deteriorated, or deteriorating structures, or which suffer from a
2-21 high relative rate of unemployment, or which have been designated
2-22 and included in a tax incremental district created under Chapter
2-23 695, Acts of the 66th Legislature, Regular Session, 1979 (Article
2-24 1066d, Vernon's Texas Civil Statutes), or any combination of the
2-25 foregoing, the city finds and determines, after a hearing,
2-26 substantially impair or arrest the sound growth of the city, or
2-27 constitute an economic or social liability and are a menace to the
3-1 public health, safety, or welfare in their present condition and
3-2 use. The department shall adopt guidelines that describe the kinds
3-3 of areas that may be considered to be blighted or economically
3-4 depressed. The city shall consider these guidelines in making its
3-5 findings and determinations. Notice of the hearing at which the
3-6 city considers establishment of a development area or an
3-7 economically depressed or blighted area shall be posted at the city
3-8 hall before the hearing.
3-9 "Federally assisted new communities" shall mean those
3-10 federally assisted areas which have received or will receive
3-11 assistance in the form of loan guarantees under Title X of the
3-12 National Housing Act and a portion of the federally assisted area
3-13 has received grants under Section 107(a)(1) of the Housing and
3-14 Community Development Act of 1974, as amended.
3-15 SECTION 2. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.