1-1                                   AN ACT

 1-2     relating to the enterprise zones and certain projects in enterprise

 1-3     zones.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 2303.052(d), Government Code, is amended

 1-6     to read as follows:

 1-7           (d)  On or before December 15 [1] of each year the department

 1-8     shall submit to the governor, the legislature, and the Legislative

 1-9     Budget Board a report that:

1-10                 (1)  evaluates the effectiveness of the enterprise zone

1-11     program;

1-12                 (2)  describes the use of state and local incentives

1-13     under this chapter and their effect on revenue; and

1-14                 (3)  suggests legislation.

1-15           SECTION 2.  Section 2303.0525(a), Government Code, is amended

1-16     to read as follows:

1-17           (a)  On or before December 15 [1] of each even-numbered year,

1-18     the department shall prepare a cost-benefit analysis of the

1-19     enterprise zone program.

1-20           SECTION 3.  Sections 2303.104(b) and (c), Government Code,

1-21     are amended to read as follows:

1-22           (b)  At least three [one] of the incentives summarized under

1-23     Subsection (a)(3) must not apply throughout the governmental entity

1-24     or entities nominating the area as an enterprise zone.  At least

 2-1     two of the incentives summarized under Subsection (a)(3) must be

 2-2     financial incentives.

 2-3           (c)  This section does not prohibit a municipality or county

 2-4     from extending additional incentives, including tax incentives, for

 2-5     business enterprises in an enterprise zone by a separate ordinance

 2-6     or order or by a written agreement.

 2-7           SECTION 4.  Section 2303.401, Government Code, is amended to

 2-8     read as follows:

 2-9           Sec. 2303.401.  DEFINITIONS [DEFINITION].  In this

2-10     subchapter:

2-11                 (1)  "New[, "new] permanent job" means a new employment

2-12     position created by a qualified business as described by Section

2-13     2303.402 that:

2-14                       (A) [(1)]  has provided at least 1,820 hours of

2-15     employment a year to a qualified employee; and

2-16                       (B) [(2)]  is intended to exist during the period

2-17     that the qualified business is designated as an enterprise project

2-18     under Section 2303.406.

2-19                 (2)  "Retained job" means a job that existed with a

2-20     qualified business before designation as an enterprise project

2-21     that:

2-22                       (A)  has provided employment to a qualified

2-23     employee of at least 1,820 hours annually; and

2-24                       (B)  is intended to be an employment position

2-25     retained during the period the business is designated as an

2-26     enterprise project in accordance with Chapter 151, Tax Code.

2-27           SECTION 5.  Section 2303.403, Government Code, is amended to

 3-1     read as follows:

 3-2           Sec. 2303.403.  Prohibition on Qualified Business

 3-3     Certification.  If the department determines that the governing

 3-4     body of an enterprise zone is not complying with this chapter, the

 3-5     department shall prohibit the certification of a qualified business

 3-6     in the zone until the department determines that the governing body

 3-7     is complying with this chapter.  The department may not designate

 3-8     more than 65 businesses as enterprise projects during the [any]

 3-9     biennium beginning September 1, 1997, or September 1, 1999.  The

3-10     department in its discretion may withhold up to five project slots

3-11     from designation.

3-12           SECTION 6.  Sections 2303.406(a) and (b), Government Code,

3-13     are amended to read as follows:

3-14           (a)  The department may designate a business as an enterprise

3-15     project only if the department determines that:

3-16                 (1)  the business is a qualified business under Section

3-17     2303.402 that:

3-18                       (A)  is located in or has made a substantial

3-19     commitment to locate in an enterprise zone described by Section

3-20     2303.404(b); and

3-21                       (B)  has made a commitment to create or retain at

3-22     least:

3-23                             (i)  10 jobs, if the company is locating in

3-24     an enterprise zone in which the community has a population equal to

3-25     or less than 50,000, according to the most recent estimates based

3-26     on the most recent decennial census provided by the State Data

3-27     Center; or

 4-1                             (ii)  25 jobs, if the company is locating

 4-2     in an enterprise zone in which the community has a population of

 4-3     more than 50,000, according to the most recent estimates based on

 4-4     the most recent decennial census provided by the State Data Center;

 4-5                 (2)  the governing body of the enterprise zone making

 4-6     the application has demonstrated that a high level of cooperation

 4-7     exists among public, private, and neighborhood entities in the

 4-8     zone; and

 4-9                 (3)  the designation will contribute significantly to

4-10     the achievement of the plans of the governing body making the

4-11     application for development and revitalization of the zone.

4-12           (b)  The department shall designate qualified businesses as

4-13     enterprise projects on a competitive basis.  The department shall

4-14     establish a minimum scoring threshold that must be met by the

4-15     qualified business applying for a project designation and make its

4-16     designation decisions using a weighted scale in which:

4-17                 (1)  40  [50] percent of the evaluation depends on the

4-18     economic distress of:

4-19                       (A)  the enterprise zone in which a proposed

4-20     enterprise project is located; and

4-21                       (B)  the area within the enterprise zone where

4-22     the project is located;

4-23                 (2)  15 [25] percent of the evaluation depends on the

4-24     local public effort used for the project to achieve development and

4-25     revitalization of the enterprise zone; [and]

4-26                 (3)  20 [25] percent of the evaluation depends on the

4-27     [evaluation criteria as determined by the department, which must

 5-1     include:]

 5-2                       [(A)  the] level of cooperation and support the

 5-3     project applicant commits to the revitalization goals of the zone;

 5-4                 (4)  10 percent of the evaluation depends on the amount

 5-5     of capital investment; and

 5-6                 (5)  15 percent of the evaluation depends on

 5-7                       [(B)]  the type and wage level in relation to the

 5-8     prevailing wage for that occupation in the local labor market area

 5-9     of the jobs to be created or retained by the business.

5-10           SECTION 7.  Section 2303.511(b), Government Code, is amended

5-11     to read as follows:

5-12           (b)  A reduction in utility rates under Subsection (a)(9)(B)

5-13     is subject to the agreement of the affected utility and the

5-14     approval of the appropriate regulatory authority under Sections 16

5-15     and 17, Public Utility Regulatory Act (Article 1446c, Vernon's

5-16     Texas Civil Statutes).  The rates may [not] be reduced up to but

5-17     not more than five percent below the lowest rate allowable for that

5-18     customer class [offered to any customer located in the enterprise

5-19     zone, including economic development rates and standby rates].  A

5-20     qualified enterprise project or the governing body of the

5-21     enterprise zone may petition the appropriate utility and the

5-22     appropriate regulatory authority to receive a reduced rate under

5-23     this section, and the regulatory authority may order that rates be

5-24     reduced.  In making its determination under this section, the

5-25     regulatory authority shall consider revitalization goals for the

5-26     enterprise zone.  In setting the rates of the utility the

5-27     appropriate regulatory authority shall allow the utility to recover

 6-1     the amount of the reduction.

 6-2           SECTION 8.  Sections 151.429(a) and (g), Tax Code, are

 6-3     amended to read as follows:

 6-4           (a)  An enterprise project is eligible for a refund in the

 6-5     amount provided by this section of the taxes imposed by this

 6-6     chapter on purchases of:

 6-7                 (1)  equipment or machinery sold to, repaired for, or

 6-8     rented by an enterprise project for use in an enterprise zone;

 6-9                 (2)  building materials sold to an enterprise project

6-10     for use in remodeling, rehabilitating, or constructing a structure

6-11     in an enterprise zone;

6-12                 (3)  labor for remodeling, rehabilitating, or

6-13     constructing a structure by an enterprise project in an enterprise

6-14     zone; and

6-15                 (4)  electricity and natural gas purchased and consumed

6-16     in the normal course of business in the enterprise zone, including

6-17     electricity and natural gas used in leased or rented facilities

6-18     where the utility account is in the name of the landlord who meters

6-19     and directly passes through the itemized charges, including sales

6-20     tax, for the electricity and natural gas used by the project to the

6-21     owner of the enterprise project.

6-22           (g)  The refund provided by this section is conditioned on

6-23     the enterprise project maintaining at least the same level of

6-24     employment of qualified employees as existed at the time it

6-25     qualified for a refund for a period of three years from that date.

6-26     The Texas Department of Commerce shall annually certify to the

6-27     comptroller [and the Legislative Budget Board] whether that level

 7-1     of employment of qualified employees has been maintained.  On the

 7-2     Texas Department of Commerce certifying that such a level has not

 7-3     been maintained, the comptroller shall assess that portion of the

 7-4     refund attributable to any such decrease in employment, including

 7-5     penalty and interest from the date of the refund.

 7-6           SECTION 9.  Section 171.1015(g), Tax Code, is amended to read

 7-7     as follows:

 7-8           (g)  Only enterprise projects [qualified businesses] that

 7-9     have been certified as eligible for a tax deduction under this

7-10     section by the Texas Department of Commerce to the comptroller may

7-11     apply for [and the Legislative Budget Board are entitled to] the

7-12     tax deduction.

7-13           SECTION 10.  Section 351.001(2), Tax Code, is amended to read

7-14     as follows:

7-15                 (2)  "Convention center facilities" or "convention

7-16     center complex" means civic centers, civic center buildings,

7-17     auditoriums, exhibition halls, and coliseums that are owned by the

7-18     municipality or other governmental entity or that are managed in

7-19     whole or part by the municipality, hotels owned by the municipality

7-20     or a nonprofit municipally sponsored local government corporation

7-21     created pursuant to the Texas Transportation Corporation Act

7-22     (Article 1528l, Vernon's Texas Civil Statutes) within 1,000 feet of

7-23     a convention center owned by a municipality or county with a

7-24     population of 440,000 [1,500,000] or more, or a historic hotel

7-25     owned by a municipality or a nonprofit municipally sponsored local

7-26     government corporation created pursuant to the Texas Transportation

7-27     Corporation Act (Article 1528l, Vernon's Texas Civil Statutes)

 8-1     within one mile of a convention center owned by a municipality or

 8-2     county with a population of 440,000 [1,500,000] or more.  The term

 8-3     includes parking areas or facilities that are for the parking or

 8-4     storage of conveyances and that are located at or in the vicinity

 8-5     of other convention center facilities.

 8-6           SECTION 11.  Section 351.102(a), Tax Code, is amended to read

 8-7     as follows:

 8-8           (a)  Subject to the limitations provided by this subchapter,

 8-9     a municipality may pledge the revenue derived from the tax imposed

8-10     under this chapter for the payment of bonds that are issued under

8-11     Section 3, Chapter 63, Acts of the 59th Legislature, Regular

8-12     Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes),

8-13     for one or more of the purposes provided by Section 351.101 or, in

8-14     the case of a municipality of 440,000 [1,500,000] or more, for the

8-15     payment of principal of or interest on bonds or other obligations

8-16     of a municipality or of a municipally sponsored local government

8-17     corporation created pursuant to the Texas Transportation

8-18     Corporation Act (Article 1528l, Vernon's Texas Civil Statutes) that

8-19     were issued to pay the cost of the acquisition and construction of

8-20     a convention center hotel or the cost of acquisition, remodeling,

8-21     or rehabilitation of a historic hotel structure; provided, however,

8-22     such pledge may only be that portion of the tax  collected at such

8-23     hotel.

8-24           SECTION 12.  Section 2(a), Chapter 63, Acts of the 59th

8-25     Legislature, Regular Session, 1965 (Article 1269j-4.1, Vernon's

8-26     Texas Civil Statutes), is amended to read as follows:

8-27           (a)  Any such city is hereby authorized to establish,

 9-1     acquire, lease as lessee or lessor, purchase, construct, improve,

 9-2     enlarge, equip, repair, operate or maintain (any or all)

 9-3     improvements such as civic centers, civic center buildings,

 9-4     auditoriums, opera houses, music halls, exhibition halls,

 9-5     coliseums, museums, libraries, or other city buildings (either or

 9-6     all), golf courses, tennis courts, and other similar recreational

 9-7     facilities, hotels owned by a municipality or a nonprofit

 9-8     municipally sponsored local government corporation created pursuant

 9-9     to the Texas Transportation Corporation Act (Article 1528l,

9-10     Vernon's Texas Civil Statutes) within 1,000 feet of a convention

9-11     center owned by a municipality or county with a population of

9-12     440,000 [1,500,000] or more, or a historic hotel owned by a

9-13     municipality or a nonprofit municipally sponsored local government

9-14     corporation created pursuant to the Texas Transportation

9-15     Corporation Act (Article 1528l, Vernon's Texas Civil Statutes)

9-16     within one mile of a convention center owned by a municipality or

9-17     county with a population of 440,000 [1,500,000] or more, and to

9-18     establish, acquire, lease as lessee or lessor, purchase, construct,

9-19     improve, enlarge, equip, repair, operate or maintain (any or all)

9-20     structures, parking areas, or facilities, located at or in the

9-21     immediate vicinity of such public improvements, to be used in

9-22     connection with such improvements for off-street parking or storage

9-23     of motor vehicles or other conveyances; and provided that any such

9-24     lease shall be on such terms and conditions as said city shall deem

9-25     appropriate.

9-26           SECTION 13.  Section 2303.003(8), Government Code, is amended

9-27     to read as follows:

 10-1                (8)  "Qualified hotel project" means a hotel proposed

 10-2    to be constructed by a municipality or a nonprofit municipally

 10-3    sponsored local government corporation created under the Texas

 10-4    Transportation Corporation Act (Article 1528l, Vernon's Texas Civil

 10-5    Statutes) that is within 1,000 feet of a convention center owned by

 10-6    a municipality having a population of 440,000 [1,500,000] or more

 10-7    or owned by a county containing a municipality having a population

 10-8    of 440,000 or more, including shops, parking facilities, and any

 10-9    other facilities ancillary to the hotel.

10-10          SECTION 14.  Section 151.429, Tax Code, is amended by adding

10-11    Subsections (i) and (j) to read as follows:

10-12          (i)  Only one qualified hotel project as defined under

10-13    Chapter 2303.003(8), Government Code, may be constructed in each

10-14    eligible municipality with a population of less than 1,500,000,

10-15    however, the qualified hotel project under this subsection shall

10-16    not be entitled to the sales tax refund or rebate contained in

10-17    Subsection (h).

10-18          (j)  Subsections (h) and (i) expire December 31, 2001.  A

10-19    project that is eligible under Subsection (h) before December 31,

10-20    2001, shall continue to receive any rebates, refunds, or payments

10-21    through the first 10 years after such project is open for initial

10-22    occupancy as stated by the law in effect at that time.

10-23          SECTION 15.  Section 2303.5055(b), Government Code, is

10-24    amended to read as follows:

10-25          (b)  A municipality with a population of 440,000 [1,500,000]

10-26    or more may agree to guarantee from hotel occupancy taxes the bonds

10-27    or other obligations of a municipality or of a municipally

 11-1    sponsored local government corporation created under the Texas

 11-2    Transportation Corporation Act (Article 1528l, Vernon's Texas Civil

 11-3    Statutes) that were issued or incurred to pay the cost of

 11-4    construction, remodeling, or rehabilitation of a qualified hotel

 11-5    project.

 11-6          SECTION 16.  Section 2303.0525(b), Section 2303.0525(c),

 11-7    Section 2303.110(d), Government Code, and Section 171.501, Tax

 11-8    Code, are repealed.

 11-9          SECTION 17.  (a)  An enterprise project designated under

11-10    Chapter 2303, Government Code, after August 31, 1997, may not

11-11    receive a tax refund under Section 151.429, Tax Code, as amended by

11-12    this Act, or a tax reduction under Section 171.1015, Tax Code,

11-13    before September 1, 1999.

11-14          (b)  An enterprise project designated under Chapter 2303,

11-15    Government Code, after August 31, 1999, may not receive a tax

11-16    refund under Section 151.429, Tax Code, as amended by this Act, or

11-17    a tax reduction under Section 171.1015, Tax Code, before

11-18    September 1, 2001.

11-19          (c)  Not more than $8 million in state sales and use taxes

11-20    may be refunded to enterprise projects during any biennium.

11-21          SECTION 18.  This Act takes effect September 1, 1997.

11-22          SECTION 19.  The importance of this legislation and the

11-23    crowded condition of the calendars in both houses create an

11-24    emergency and an imperative public necessity that the

11-25    constitutional rule requiring bills to be read on three several

11-26    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2001 was passed by the House on May

         5, 1997, by a non-record vote; that the House refused to concur in

         Senate amendments to H.B. No. 2001 on May 29, 1997, and requested

         the appointment of a conference committee to consider the

         differences between the two houses; and that the House adopted the

         conference committee report on H.B. No. 2001 on June 1, 1997, by a

         non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2001 was passed by the Senate, with

         amendments, on May 27, 1997, by a viva-voce vote; at the request of

         the House, the Senate appointed a conference committee to consider

         the differences between the two houses; and that the Senate adopted

         the conference committee report on H.B. No. 2001 on June 1, 1997,

         by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor