1-1     By:  Oliveira (Senate Sponsor - Sibley)               H.B. No. 1525

 1-2           (In the Senate - Received from the House April 9, 1997;

 1-3     April 10, 1997, read first time and referred to Committee on

 1-4     Economic Development; May 18, 1997, reported adversely, with

 1-5     favorable Committee Substitute by the following vote:  Yeas 6, Nays

 1-6     0; May 18, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1525                  By:  Sibley

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the administration and financing of certain industrial

1-11     development corporations.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subsections (n) and (o), Section 4A, Development

1-14     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

1-15     Statutes), are amended to read as follows:

1-16           (n)  At an election called and held under Subsection (d) or

1-17     (o) of this section, the city may also allow the voters to vote on

1-18     a ballot proposition that limits the length of time that a sales

1-19     and use tax may be imposed.  If a city elects to limit the period

1-20     the sales and use tax may be imposed, there shall be added to the

1-21     end of the ballot proposition prescribed by Subsection (m) of this

1-22     section:  "to be imposed for ________ years" (the number of years

1-23     to be inserted as appropriate). The governing body of the city

1-24     shall set the expiration date of the proposed tax to occur on the

1-25     appropriate anniversary of the effective date of the tax.  A sales

1-26     and use tax imposed for a limited period under this subsection

1-27     expires on the date set by the governing body under this section or

1-28     on an earlier date if[, by a majority of the voters voting in an

1-29     election held in the city,] the tax is abolished under Subsection

1-30     (o) of this section [repealed].  [If an earlier abolition election

1-31     is held, Sections 321.102(a) and 321.402(b), Tax Code, apply to the

1-32     date of repeal.]  A tax that is approved without a limit on its

1-33     period of imposition is effective until abolished in accordance

1-34     with Subsection (o) of this section [repealed by election].  Before

1-35     the 60th day before the date that a tax is to expire, the governing

1-36     body shall send a notice to the comptroller stating the expiration

1-37     date of the tax.  Revenue collected after the expiration of the tax

1-38     from the imposition of the tax after its expiration date shall be

1-39     forwarded by the state to the governing body to be used to pay

1-40     current bonded indebtedness of the municipality. A municipality

1-41     that has imposed a tax under this section may not extend the period

1-42     of the tax's imposition or reimpose the tax unless the extension or

1-43     reimposition is approved by a majority of the qualified voters of

1-44     the municipality voting in an election called and held for that

1-45     purpose [after its expiration date].  If a city reduces the rate of

1-46     an additional sales and use tax under Chapter 321, Tax Code, to

1-47     impose a tax under this section for a limited period as provided

1-48     under this subsection, and does not have an election to change the

1-49     rate of the additional sales and use tax before the expiration date

1-50     of the tax under this section, the rate of the additional sales and

1-51     use tax under Section 321.101(b), Tax Code, in the city returns to

1-52     its previous rate in effect at the time the tax imposed under this

1-53     section was adopted on the expiration date of the tax under this

1-54     section without having to hold an election under Chapter 321, Tax

1-55     Code, to impose the increase in the rate.

1-56           (o)  In a city in which a sales and use tax for the benefit

1-57     of a corporation has been imposed under this section, in the same

1-58     manner and by the same procedure the city by majority vote of the

1-59     qualified voters of the city voting at an election called and held

1-60     for the purpose may reduce, [or] increase, or abolish the tax.  The

1-61     rate may be reduced in one or more increments of one-eighth of one

1-62     percent to a minimum of one-eighth of one percent or increased in

1-63     one or more increments of one-eighth of one percent to a maximum of

1-64     one-half of one percent.  On petition of 10 percent or more of the

 2-1     registered voters of the city requesting an election on the

 2-2     increase, [or] decrease, or abolition of the tax under this

 2-3     section, the governing body of the city shall order an election on

 2-4     the issue.  The ballot shall be printed in the same manner as the

 2-5     ballot under Subsection (m) of this section, except that the ballot

 2-6     to abolish the tax shall be printed to provide for voting for or

 2-7     against the proposition:  "The abolition of the sales and use tax

 2-8     for the promotion and development of new and expanded business

 2-9     enterprises."  Section 321.102(a), Tax Code, applies to the

2-10     abolition of a tax under this subsection.  However, if before the

2-11     date of the election the corporation had issued bonds or incurred

2-12     other obligations secured by the tax, the tax shall continue to be

2-13     collected until the bonds or other obligations are paid.  The

2-14     corporation shall immediately notify the comptroller when the bonds

2-15     or other obligations have been paid.  A tax imposed under this

2-16     section may not be collected after the last day of the first

2-17     calendar quarter beginning after the date of notification to the

2-18     comptroller.

2-19           SECTION 2.  Section 4A, Development Corporation Act of 1979

2-20     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

2-21     adding Subsection (s) to read as follows:

2-22           (s)(1)  A city that creates or has created a corporation

2-23     governed by this section may submit to the voters of the city, at a

2-24     separate election to be held on an available uniform election date

2-25     or at an election held under another provision of this Act,

2-26     including the election at which the proposition to initially

2-27     authorize the collection of a sales and use tax for the benefit of

2-28     the corporation is submitted, a ballot proposition that authorizes

2-29     the corporation to use the sales and use tax, including any amount

2-30     previously authorized and collected, for a specific project or for

2-31     a specific category of projects that does not qualify under this

2-32     section but qualifies under Section 4B of this Act.  Prior approval

2-33     of a specific project at an election or completion of a specific

2-34     project approved at an election does not prohibit a city from

2-35     seeking voter approval of an additional project or category of

2-36     projects under this subsection to be funded from the same sales and

2-37     use tax.

2-38                 (2)  In the election to authorize the use of the sales

2-39     or use tax for a specific project or for a specific category of

2-40     projects not authorized under this section, the project or category

2-41     of projects must be clearly described on the ballot so that a voter

2-42     will be able to discern the limits of the specific project or

2-43     category of projects authorized by the proposition.  If maintenance

2-44     and operating costs of an otherwise authorized facility are to be

2-45     paid from the sale or use tax, the ballot language must clearly

2-46     state that fact.

2-47                 (3)  Before an election may be held under this

2-48     subsection, the corporation must comply with the public notice and

2-49     hearing requirements prescribed by Section 4B(a-1) of this Act.

2-50                 (4)  If a majority of the voters voting on the issue do

2-51     not approve a specific project or a specific category of projects

2-52     at an election under this subsection, another election may not be

2-53     held on the same project or category of projects before the first

2-54     anniversary of the date of the most recent election disapproving

2-55     the project or category of projects.

2-56           SECTION 3.  Section 4B, Development Corporation Act of 1979

2-57     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

2-58     redesignating Subsection (a-1) as Subsection (a-3) and adding new

2-59     Subsections (a-1) and (a-4) to read as follows:

2-60           (a-1)  A corporation may not undertake or spend money to

2-61     undertake a project unless the city has adopted a sales and use tax

2-62     under this section for the benefit of the corporation.  Before

2-63     spending money to undertake a specific project or general type of

2-64     project, a corporation shall publish notice of the project and hold

2-65     at least one public hearing on the proposed project.  The

2-66     corporation shall publish notice under this subsection by

2-67     publishing notice of the project in a newspaper of general

2-68     circulation in the city or by posting a written notice of the

2-69     project in a place readily accessible to the general public at all

 3-1     times.  The corporation shall publish or post the notice not

 3-2     earlier than 15 days or later than seven days before the scheduled

 3-3     time of the public hearing on the project.  Notice required under

 3-4     this subsection is in addition to any notice required under Chapter

 3-5     551, Government Code.

 3-6           (a-3)  A corporation may undertake a project under this

 3-7     section unless within 60 days after first publishing notice of a

 3-8     specific project or type of general project under Subsection (a-1)

 3-9     of this section the governing body of the city receives a petition

3-10     from more than 10 percent of the registered voters of the city

3-11     where the petition requests that an election be held before that

3-12     specific project or that general type of project is undertaken.  An

3-13     election is not required to be held after the submission of a

3-14     petition if the qualified citizens of the city have previously

3-15     approved the undertaking of a specific project or that general type

3-16     of project at an election called for that purpose by the governing

3-17     body of the city or in conjunction with another election required

3-18     to be held under this section.

3-19           (a-4)  Before spending money to undertake a specific project

3-20     or general type of project that was not authorized in a previous

3-21     election, the municipality shall submit to the voters for approval

3-22     a ballot proposition defining the specific project or general type

3-23     of projects.

3-24           SECTION 4.  Subsection (c), Section 4B, Development

3-25     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

3-26     Statutes), is amended to read as follows:

3-27           (c)  The board of directors of a corporation under this

3-28     section consists of seven directors who are appointed by the

3-29     governing body of the eligible city for two-year terms of office.

3-30     A director may be removed by the governing body of the eligible

3-31     city at any time without cause.  Each director must be a resident

3-32     of the eligible city.  Three directors shall be persons who are not

3-33     employees, officers, or members of the governing body of the

3-34     eligible city.  A majority of the entire membership of the board is

3-35     a quorum.  Notwithstanding any other provision of this subsection,

3-36     if a city dissolves a corporation created under Section 4A of this

3-37     Act and creates a corporation under this section, a person serving

3-38     as a director of the corporation created under Section 4A of this

3-39     Act at the time of dissolution may serve on the board of the

3-40     corporation created under this section.   The board shall conduct

3-41     all meetings within the boundaries of the eligible city.  The board

3-42     shall appoint a president, a secretary, and other officers of the

3-43     corporation that the governing body of the eligible city considers

3-44     necessary.  The corporation's registered agent must be an

3-45     individual resident of the state and the corporation's registered

3-46     office must be within the boundaries of the eligible city.

3-47           SECTION 5.  Section 4B, Development Corporation Act of 1979

3-48     (Article 5190.6, Vernon's Texas Civil Statutes), as amended by

3-49     Chapters 1022 and 1031, Acts of the 73rd Legislature, 1993, is

3-50     amended by amending Subsections (e) and (f) and adding Subsections

3-51     (i-1), (i-2), and (i-3) to read as follows:

3-52           (e)  The rate of a tax adopted under this section must be

3-53     one-eighth, one-fourth, three-eighths, or one-half of one percent.

3-54     The ballot proposition at the election held to adopt the tax must

3-55     clearly state that the voters are voting on the adoption of a new

3-56     sales and use tax, specify the rate of the tax to be adopted, the

3-57     specific project or general type of project and identify the

3-58     proposed use of or purpose for the tax revenue.  In addition, if

3-59     maintenance and operating costs are to be paid from the tax, the

3-60     ballot language must clearly state that fact.  A corporation that

3-61     holds an election to reduce or abolish a tax imposed under Section

3-62     4A of this Act may, in the same or in a separate proposition on the

3-63     same ballot, adopt a tax under this section.  If an eligible city

3-64     adopts the tax, a tax is imposed on the receipts from the sale at

3-65     retail of taxable items within the eligible city at the rate

3-66     approved at the election. There is also imposed an excise tax on

3-67     the use, storage, or other consumption within the eligible city of

3-68     tangible personal property purchased, leased, or rented from a

3-69     retailer during the period that the tax is effective within the

 4-1     eligible city.  The rate of the excise tax is the same as the rate

 4-2     of the sales tax portion of the tax and is applied to the sale

 4-3     price of the tangible personal property.

 4-4           [(e)  If an eligible city adopts the tax, a tax is imposed on

 4-5     the receipts from the sale at retail of taxable items within the

 4-6     eligible city at a rate approved by the governing body of the

 4-7     eligible city.  The rate must be equal to one-eighth, one-fourth,

 4-8     three-eighths, or one-half of one percent.  There is also imposed

 4-9     an excise tax on the use, storage, or other consumption within the

4-10     eligible city of tangible personal property purchased, leased, or

4-11     rented from a retailer during the period that the tax is effective

4-12     within the eligible city.  The rate of the excise tax is the same

4-13     as the rate of the sales tax portion of the tax and is applied to

4-14     the sale price of the tangible personal property.]

4-15           (f)  Chapter 321, Tax Code, governs the imposition,

4-16     computation, administration, collection, abolition, and remittance

4-17     of the tax except as inconsistent with this section.  The tax

4-18     imposed under this section takes effect as provided by Section

4-19     321.102(a), Tax Code.  If, however, an election is held under this

4-20     section at the same time an election is held to impose or change

4-21     the rate of the additional municipal sales and use tax, the tax

4-22     under this section and the imposition or change in rate of the

4-23     additional municipal sales and use tax take effect as provided by

4-24     Section 321.102(b), Tax Code.  The ballot proposition for an

4-25     election to impose the tax under this section and to impose or

4-26     change the rate of the additional municipal sales and use tax must

4-27     clearly state that the voters are voting on the adoption of a new

4-28     sales and use tax or the change of an existing tax, or both, and

4-29     include the information prescribed by Subsection (e) of this

4-30     section, as appropriate.  An election to impose the tax under this

4-31     section and to impose or change the rate of the additional

4-32     municipal sales and use tax may be held on the same day, and voters

4-33     may vote on the issues in the same proposition or in separate

4-34     propositions on the same ballot.  After the effective date of the

4-35     taxes imposed under this section, the adoption of a sales and use

4-36     tax or the attempted adoption of a sales and use tax by the

4-37     eligible city or any other taxing jurisdiction having territory in

4-38     the city does not impair the taxes imposed under this section.

4-39           (i-1)  On petition of 10 percent or more of the registered

4-40     voters of the city requesting an election on the dissolution of the

4-41     corporation, the governing body shall order an election on the

4-42     issue at the next available uniform election date that is not less

4-43     than 45 days after the date that the petition is filed.  The

4-44     election must be conducted according to the applicable provisions

4-45     of the Election Code.  The ballot for the election shall be printed

4-46     to provide for voting for or against the proposition:  "Dissolution

4-47     of the               (name of the corporation)."  If a majority of

4-48     voters voting on the issue approve the dissolution, the corporation

4-49     shall continue operations only as necessary to pay the principal of

4-50     and interest on its bonds and to meet obligations incurred before

4-51     the date of the election and, to the extent practicable, shall

4-52     dispose of its assets and apply the proceeds to satisfy those

4-53     obligations.  When the last of the obligations is satisfied, any

4-54     remaining assets of the corporation shall be transferred to the

4-55     city, and the corporation is dissolved.  A tax imposed under this

4-56     section may not be collected after the last day of the first

4-57     calendar quarter beginning after notification to the comptroller by

4-58     the corporation that the last of its obligations is satisfied.

4-59           (i-2)  The governing body of an eligible city may call and

4-60     hold an election on the issue of abolishing the tax imposed under

4-61     this section.  On petition of 10 percent or more of the registered

4-62     voters of the city requesting an election on the issue of

4-63     abolishing the tax, the governing body shall order an election on

4-64     the issue.  The ballot shall be printed to provide for voting for

4-65     or against the proposition:  "The abolition of the sales and use

4-66     tax for the promotion and development of new and expanded business

4-67     enterprises."  Section 321.102(a), Tax Code, applies to the

4-68     abolition of a tax under this subsection.  However, if before the

4-69     date of the election the corporation had issued bonds or incurred

 5-1     other obligations secured by the tax, the tax shall continue to be

 5-2     collected until the bonds or other obligations are paid.  During

 5-3     that period, the corporation, to the extent practicable, shall

 5-4     dispose of its assets and apply the proceeds to satisfy the bonds

 5-5     or other obligations.  The corporation shall immediately notify the

 5-6     comptroller when the bonds or other obligations have been paid.

 5-7     When the last of the bonds or obligations is satisfied, any

 5-8     remaining assets of the corporation shall be transferred to the

 5-9     city, and the corporation is dissolved.  A tax imposed under this

5-10     section may not be collected after the last day of the first

5-11     calendar quarter beginning after the date of notification to the

5-12     comptroller.

5-13           (i-3)  At an election held to adopt a sales and use tax under

5-14     this section, the city may also allow the voters to vote to limit

5-15     the time during which the tax may be imposed.  The city shall add

5-16     to the end of the ballot proposition prescribed by Subsection (e)

5-17     or (f) of this section:  "to be imposed for        years" (insert

5-18     number of years).  The governing body of the city shall set the

5-19     expiration date of the proposed tax to occur on the appropriate

5-20     anniversary of the effective date of the tax.  A sales and use tax

5-21     imposed for a limited period under this subsection expires on the

5-22     date set by the governing body under this section or on an earlier

5-23     date if the corporation is dissolved under Subsection (i-1) of this

5-24     section or the tax is abolished under Subsection (i-2) of this

5-25     section.  Before the 60th day before the date the tax is to expire,

5-26     the governing body shall send a notice to the comptroller stating

5-27     the expiration date of the tax.  Revenue collected after the

5-28     expiration of the tax from the imposition of the tax after its

5-29     expiration date shall be forwarded by the state to the governing

5-30     body to be used to pay current bonded indebtedness of the city.  A

5-31     city that has imposed a tax under this section may not extend the

5-32     period of the tax's imposition or reimpose the tax unless the

5-33     extension or reimposition is approved by a majority of the

5-34     qualified voters of the city voting in an election called and held

5-35     for that purpose.

5-36           SECTION 6.  (a)  An election held before the effective date

5-37     of this Act to impose a sales and use tax for a limited period

5-38     under Section 4B, Development Corporation Act of 1979 (Article

5-39     5190.6, Vernon's Texas Civil Statutes), is valid and the

5-40     municipality may impose the tax in accordance with the election if:

5-41                 (1)  the election was otherwise held in accordance with

5-42     Section 4B, Development Corporation Act of 1979 (Article 5190.6,

5-43     Vernon's Texas Civil Statutes), as it existed on the date of the

5-44     election;

5-45                 (2)  the ballot proposition at the election held to

5-46     impose the tax prescribed the number of years for which the tax may

5-47     be imposed; and

5-48                 (3)  a majority of the voters voting at the election

5-49     voted in favor of the proposition to impose the tax.

5-50           (b)  This section does not apply to an election held before

5-51     the effective date of this Act or to the imposition of a sales and

5-52     use tax in accordance with that election if the validity of the tax

5-53     is the subject of a lawsuit pending on the effective date of this

5-54     Act.

5-55           SECTION 7.  This Act does not affect the authority of an

5-56     industrial development corporation created before the effective

5-57     date of this Act to continue a project that the corporation had

5-58     undertaken before the effective date of this Act.

5-59           SECTION 8.  Subsection (n), Section 4B, Development

5-60     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

5-61     Statutes), is repealed.

5-62           SECTION 9.  This Act takes effect September 1, 1997.

5-63           SECTION 10.  The importance of this legislation and the

5-64     crowded condition of the calendars in both houses create an

5-65     emergency and an imperative public necessity that the

5-66     constitutional rule requiring bills to be read on three several

5-67     days in each house be suspended, and this rule is hereby suspended.

5-68                                  * * * * *