By Bosse H.B. No. 1438 75R5533 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the annexation of industrial areas by certain 1-3 municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter G, Chapter 43, Local Government Code, 1-6 is amended by adding Section 43.148 to read as follows: 1-7 Sec. 43.148. DISANNEXATION OF INDUSTRIAL PROPERTY ANNEXED BY 1-8 CERTAIN MUNICIPALITIES. (a) This section applies only to an 1-9 industrial property annexed after December 31, 1996, by a 1-10 municipality with a population of more than 1,500,000. 1-11 (b) The governing body of a municipality on the request of 1-12 the owner of the property shall disannex an industrial property if 1-13 at the end of the second fiscal year of the municipality that 1-14 begins after the date the industrial property was annexed the 1-15 municipality has failed to spend on municipal services for that 1-16 property an amount equal to at least 35 percent of the municipal ad 1-17 valorem taxes collected from that property during the two fiscal 1-18 years. 1-19 (c) Not later than the 60th day after the end of that second 1-20 fiscal year, the governing body of the municipality shall: 1-21 (1) by ordinance discontinue as a part of the 1-22 municipality industrial property if required by Subsection (b); and 1-23 (2) refund to the owners of the disannexed industrial 1-24 property an amount equal to the difference between the amount of ad 2-1 valorem taxes paid to the municipality on the property and the cost 2-2 of the municipal services provided to the property. 2-3 (d) A refund made under Subsection (c)(2) shall be used for 2-4 programs to benefit the general welfare of persons who are employed 2-5 at the industrial property. 2-6 (e) In this section, "industrial property" means any part of 2-7 a parcel of real property, according to the deed records of the 2-8 county, on which are located improvements that are used primarily 2-9 for manufacturing or processing. The term does not include real 2-10 property containing improvements that are used primarily for 2-11 residential, agricultural, or retail purposes or for warehousing 2-12 that is not incidental to the manufacturing or processing on the 2-13 property. 2-14 SECTION 2. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended.