75R11484 E                           

         By Oliveira                                           H.B. No. 2162

         Substitute the following for H.B. No. 2162:

         By Oliveira                                       C.S.H.B. No. 2162

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the administration and financing of certain industrial

 1-3     development corporations; providing an administrative penalty.

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

 1-5           SECTION 1.  Sections 4A(n) and (o), Development Corporation

 1-6     Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), are

 1-7     amended to read as follows:

 1-8           (n)  At an election called and held under Subsection (d) or

 1-9     (o) of this section, the city may also allow the  voters to vote on

1-10     a ballot proposition that limits the length of time that a sales

1-11     and use tax may be imposed.  If a city elects to limit the period

1-12     the sales and use tax may be imposed, there shall be added to the

1-13     end of the ballot proposition prescribed by Subsection (m) of this

1-14     section:  "to be imposed for ________ years" (the number of years

1-15     to be inserted as appropriate). The governing body of the city

1-16     shall set the expiration date of the proposed tax to occur on the

1-17     appropriate anniversary of the effective date of the tax.  A sales

1-18     and use tax imposed for a limited period under this subsection

1-19     expires on the date set by the governing body under this section or

1-20     on an earlier date if[, by a majority of the voters voting in an

1-21     election held in the city,] the tax is abolished under Subsection

1-22     (o) of this section [repealed].  [If an earlier abolition election

1-23     is held, Sections 321.102(a) and 321.402(b), Tax Code, apply to the

1-24     date of repeal.]  A tax that is approved  without a limit on its

 2-1     period of imposition is effective until abolished in accordance

 2-2     with Subsection (o) of this section [repealed by election].

 2-3     Before the 60th day before the date that a tax is to expire, the

 2-4     governing body shall send a notice to the comptroller stating the

 2-5     expiration date of the tax.   Revenue collected after the

 2-6     expiration of the tax from the imposition of the tax after its

 2-7     expiration date shall be forwarded by the state to the governing

 2-8     body to be used to pay current bonded indebtedness of the

 2-9     municipality. A municipality that has imposed a tax under this

2-10     section may not extend the period of the tax's imposition or

2-11     reimpose the tax unless the extension or reimposition is approved

2-12     by a majority of the qualified voters of the municipality voting in

2-13     an election called and held for that purpose [after its expiration

2-14     date].  If a city reduces the rate of an additional sales and use

2-15     tax under Chapter 321, Tax Code, to impose a tax under this section

2-16     for a limited period as provided under this subsection, and does

2-17     not have an election to change the rate of the additional sales and

2-18     use tax before the expiration date of the tax under this section,

2-19     the rate of the additional sales and use tax under Section

2-20     321.101(b), Tax Code, in the city returns to its previous rate in

2-21     effect at the time the tax imposed under this section was adopted

2-22     on the expiration date of the tax under this section without having

2-23     to hold an election under Chapter 321, Tax Code, to impose the

2-24     increase in the rate.

2-25           (o)  In a city in which a sales and use tax for the benefit

2-26     of a corporation has been imposed under this  section, in the same

2-27     manner and by the same procedure the city by majority vote of the

 3-1     qualified voters of the city voting at an election called and  held

 3-2     for the purpose may reduce, [or] increase, or abolish the tax.  The

 3-3     rate may be reduced in one or more increments of one-eighth of one

 3-4     percent to a minimum of one-eighth of one percent or increased in

 3-5     one or more increments of one-eighth of one percent to a maximum of

 3-6     one-half of one percent.  On petition of 10 percent or more of the

 3-7     registered voters of the city requesting an election on the

 3-8     increase, [or] decrease, or abolition of the tax under this

 3-9     section, the governing body of the  city shall order an election on

3-10     the issue.  The ballot shall be printed in the same manner as the

3-11     ballot under Subsection (m) of this section, except that the ballot

3-12     to abolish the tax shall be printed  to provide for voting for or

3-13     against the proposition:  "The abolition of the sales and use tax

3-14     for the promotion and development of new and expanded business

3-15     enterprises."  Section 321.102(a), Tax Code, applies to the

3-16     abolition of a tax under this subsection.  However, if before the

3-17     date of the election the corporation had issued bonds or incurred

3-18     other obligations secured by the tax, the tax shall continue to be

3-19     collected until the bonds or other obligations are paid.  The

3-20     corporation shall immediately notify the comptroller when the bonds

3-21     or other obligations have been paid.  A tax imposed under this

3-22     section may not be collected after the last day of the first

3-23     calendar quarter beginning after the date of notification to the

3-24     comptroller.

3-25           SECTION 2.  Section 4A, Development Corporation Act of 1979

3-26     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

3-27     adding Subsection (p-1) to read as follows:

 4-1           (p-1)  A city that has imposed the additional sales and use

 4-2     tax under Section 321.101(b), Tax Code, and is authorized by this

 4-3     section to impose, reduce, increase, or abolish the tax under this

 4-4     section may, at the same time and on the same ballot, reduce,

 4-5     increase, or abolish the additional sales and use tax imposed under

 4-6     Section 321.101(b), Tax Code, if the city is authorized by Chapter

 4-7     321, Tax Code, to reduce, increase, or abolish the additional sales

 4-8     and use tax.  The city must follow, in relation to the reduction,

 4-9     increase, or abolishment of the additional sales and use tax

4-10     imposed under Section 321.101(b), Tax Code, the procedures of that

4-11     chapter, except that in an election to impose, reduce, increase, or

4-12     abolish the tax under this section and the additional sales and use

4-13     tax the ballot shall be printed to provide for voting for or

4-14     against the proposition:  "The transfer at the rate of ______ of

4-15     one percent (one-eighth, one-fourth, three-eighths, or one-half to

4-16     be inserted as appropriate) from the ______ of one percent

4-17     (one-eighth, one-fourth, three-eighths, or one-half to be inserted

4-18     as appropriate) additional sales and use tax within the city used

4-19     to reduce the property tax rate to a sales and use tax within the

4-20     city for the promotion and development of new and expanded business

4-21     enterprises at a rate of ______ of one percent" (one-eighth,

4-22     one-fourth, three-eighths, or one-half to be inserted as

4-23     appropriate).

4-24           SECTION 3.  Section 4A, Development Corporation Act of 1979

4-25     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

4-26     adding Subsection (s) to read as follows:

4-27           (s)(1)  A city that creates or has created a corporation

 5-1     governed by this section may submit to the voters of the city, at a

 5-2     separate election to be held on an available uniform election date

 5-3     or at an election held under another provision of this Act,

 5-4     including the election at which the proposition to initially

 5-5     authorize the collection of a sales and use tax for the benefit of

 5-6     the corporation is submitted, a ballot proposition that authorizes

 5-7     the corporation to use the sales and use tax, including any amount

 5-8     previously authorized and collected, for a specific project or for

 5-9     a specific category of projects that does not qualify under this

5-10     section but qualifies under Section 4B of this Act.  Prior approval

5-11     of a specific project at an election or completion of a specific

5-12     project approved at an election does not prohibit a city from

5-13     seeking voter approval of an additional project or category of

5-14     projects under this subsection to be funded from the same sales and

5-15     use tax.

5-16                 (2)  In the election to authorize the use of the sales

5-17     and use tax for a specific project or for a specific category of

5-18     projects not authorized under this section, the project or category

5-19     of projects must be clearly described on the ballot so that a voter

5-20     will be able to discern the limits of the specific project or

5-21     category of projects authorized by the proposition.  If maintenance

5-22     and operating costs of an otherwise authorized facility are to be

5-23     paid from the sales and use tax, the ballot language must clearly

5-24     state that fact.

5-25                 (3)  Before an election may be held under this

5-26     subsection, the corporation must comply with the public notice and

5-27     hearing requirements prescribed by Section 4B(a-1) of this Act.

 6-1                 (4)  If a majority of the voters voting on the issue do

 6-2     not approve a specific project or a specific category of projects

 6-3     at an election under this subsection, another election may not be

 6-4     held on the same project or category of projects before the first

 6-5     anniversary of the date of the most recent election disapproving

 6-6     the project or category of projects.

 6-7           SECTION 4.  Section 4B, Development Corporation Act of 1979

 6-8     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

 6-9     redesignating Subsection (a-1) as Subsection (a-3) and adding a new

6-10     Subsection (a-1) to read as follows:

6-11           (a-1)  A corporation may not undertake or spend money to

6-12     undertake a project unless the city has adopted a sales and use tax

6-13     under this section for the benefit of the corporation.  Before

6-14     spending money to undertake a specific project or general type of

6-15     project, a corporation shall publish notice of the project and hold

6-16     at least one public hearing on the proposed project.  The

6-17     corporation shall publish notice under this subsection by

6-18     publishing notice of the project in a newspaper of general

6-19     circulation in the city or by posting a written notice of the

6-20     project in a place readily accessible to the general public at all

6-21     times.  The corporation shall publish or post the notice not

6-22     earlier than 15 days or later than seven days before the scheduled

6-23     time of the public hearing on the project.  Notice required under

6-24     this subsection is in addition to any notice required under Chapter

6-25     551, Government Code.

6-26           (a-3)  A corporation may undertake a project under this

6-27     section unless within 60 days after first publishing notice of a

 7-1     specific project or type of general project under Subsection (a-1)

 7-2     of this section the governing body of the city receives a petition

 7-3     from more than 10 percent of the registered voters of the city

 7-4     where the petition requests that an election be held before that

 7-5     specific project or that general type of project is undertaken.  An

 7-6     election is not required to be held after the submission of a

 7-7     petition if the qualified citizens of the city have previously

 7-8     approved the undertaking of a specific project or that general type

 7-9     of project at an election called for that purpose by the governing

7-10     body of the city or in conjunction with another election required

7-11     to be held under this section.

7-12           SECTION 5.  Section 4B(c), Development Corporation Act of

7-13     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to

7-14     read as follows:

7-15           (c)  The board of directors of a corporation under this

7-16     section consists of seven directors who are appointed by the

7-17     governing body of the eligible city for two-year terms of office.

7-18     A director may be removed by the governing body of the eligible

7-19     city at any time without cause.  Each director must be a resident

7-20     of the eligible city.  Three directors shall be persons who are not

7-21     employees, officers, or members of the governing body of the

7-22     eligible city.  A majority of the entire membership of the board is

7-23     a quorum.  Notwithstanding any other provision of this subsection,

7-24     if a city dissolves a corporation created under Section 4A of this

7-25     Act and creates a corporation under this section, a person serving

7-26     as a director of the corporation created under Section 4A of this

7-27     Act at the time of dissolution may serve on the board of the

 8-1     corporation created under this section.  The board shall conduct

 8-2     all meetings within the boundaries of the eligible city.  The board

 8-3     shall appoint a president, a secretary, and other officers of the

 8-4     corporation that the governing body of the eligible city considers

 8-5     necessary.  The corporation's registered agent must be an

 8-6     individual resident of the state and the corporation's registered

 8-7     office must be within the boundaries of the eligible city.

 8-8           SECTION 6.  Section 4B, Development Corporation Act of 1979

 8-9     (Article 5190.6, Vernon's Texas Civil Statutes), as amended by

8-10     Chapters 1022 and 1031, Acts of the 73rd Legislature, Regular

8-11     Session, 1993, is amended by amending Subsections (e) and (f) and

8-12     adding Subsections (i-1), (i-2), and (i-3) to read as follows:

8-13           (e)  The rate of a tax adopted under this section must be

8-14     one-eighth, one-fourth, three-eighths, or one-half of  one percent.

8-15     The ballot proposition at the election held to adopt the tax must

8-16     clearly state that the voters are voting on the adoption of a new

8-17     sales and use tax, specify the rate of the tax to be adopted, and

8-18     identify the proposed use of or purpose for the tax revenue.  In

8-19     addition, if maintenance and operating costs are to be paid from

8-20     the tax, the ballot language must clearly state that fact.  A

8-21     corporation that holds an election to reduce or abolish a tax

8-22     imposed under Section 4A of this Act may, in the same or in a

8-23     separate proposition on the same ballot,  adopt a tax under this

8-24     section.  If an eligible city adopts the tax, a tax is imposed on

8-25     the receipts from the sale at retail of taxable items within the

8-26     eligible city at the rate approved at the election. There is also

8-27     imposed an excise tax on the use, storage, or other consumption

 9-1     within the eligible city of tangible personal property purchased,

 9-2     leased, or rented from a retailer during the period that the tax is

 9-3     effective within the eligible city.  The rate of the excise tax is

 9-4     the same as the rate of the sales tax portion of the tax and is

 9-5     applied to the sale price of the tangible personal property.

 9-6           [(e)  If an eligible city adopts the tax, a tax is imposed on

 9-7     the receipts from the sale at retail of taxable items within the

 9-8     eligible city at a rate approved by the governing body of the

 9-9     eligible city.  The rate must be equal to one-eighth, one-fourth,

9-10     three-eighths, or one-half of one percent.  There is also imposed

9-11     an excise  tax on the use, storage, or other consumption within the

9-12     eligible city of tangible personal property purchased, leased, or

9-13     rented from a retailer during the period that the tax is effective

9-14     within the eligible city.  The rate of the excise tax is the same

9-15     as the rate of the sales tax portion of the tax and is applied to

9-16     the sale price of the tangible personal property.]

9-17           (f)  Chapter 321, Tax Code, governs the imposition,

9-18     computation, administration, collection, abolition, and remittance

9-19     of the tax except as inconsistent with this section.  The tax

9-20     imposed under this section takes effect as  provided by Section

9-21     321.102(a), Tax Code.  If, however, an election is held under this

9-22     section at the same time an election is held to impose or change

9-23     the rate of the additional municipal sales and use tax, the tax

9-24     under this section and the imposition or change in rate of the

9-25     additional municipal sales and use tax take effect as provided by

9-26     Section 321.102(b), Tax Code.  The ballot proposition for an

9-27     election to impose the tax under this section and to impose or

 10-1    change  the rate of the additional municipal sales and use tax must

 10-2    clearly state that the voters are voting on the adoption of a new

 10-3    sales and use tax or the change of an existing tax, or both, and

 10-4    include the information prescribed by Subsection (e) of this

 10-5    section, as appropriate.  An election to impose the tax under this

 10-6    section and to impose or change the rate of the additional

 10-7    municipal sales and use tax may be held on the same day, and voters

 10-8    may vote on the issues in the same proposition or in separate

 10-9    propositions on the same ballot.  After the effective date of the

10-10    taxes imposed under this section, the adoption of a sales and use

10-11    tax or the attempted adoption of a sales and use tax by the

10-12    eligible city or any other taxing jurisdiction having territory in

10-13    the city does not impair the taxes imposed under this section.

10-14          (i-1)  On petition of 10 percent or more of the registered

10-15    voters of the city requesting an election on the  dissolution of

10-16    the corporation, the governing body shall order an election on the

10-17    issue at the next available uniform election date that is not less

10-18    than 45 days after the date that the petition is filed.  The

10-19    election must be conducted according to the applicable provisions

10-20    of the Election Code.  The ballot for the election shall be printed

10-21    to provide for voting for or against the proposition:  "Dissolution

10-22    of the ________________ (name of the corporation)." If a majority

10-23    of voters voting on the issue approve the dissolution, the

10-24    corporation shall continue operations only as necessary to pay the

10-25    principal of and interest on its bonds and to meet obligations

10-26    incurred before the date of the election and, to the extent

10-27    practicable, shall dispose  of its assets and apply the proceeds to

 11-1    satisfy those obligations.  When the last of the obligations is

 11-2    satisfied, any remaining assets of the corporation shall be

 11-3    transferred to the city, and the corporation is dissolved.  A tax

 11-4    imposed under this section may not be collected after the last day

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

 11-6    comptroller by the corporation that the last of its obligations is

 11-7    satisfied.

 11-8          (i-2)  The governing body of an eligible city may call and

 11-9    hold an election on the issue of abolishing the tax imposed under

11-10    this section.  On  petition of 10 percent or more of the registered

11-11    voters of the city requesting an election on the issue of

11-12    abolishing the tax, the governing body shall order an election on

11-13    the issue.  The ballot shall be printed to provide for voting for

11-14    or against the proposition:  "The abolition of the sales and use

11-15    tax for the promotion and development of new and expanded business

11-16    enterprises."  Section 321.102(a), Tax Code, applies to the

11-17    abolition of a tax under this subsection.  However, if before the

11-18    date of the election the corporation had issued bonds or incurred

11-19    other obligations secured by the tax, the tax shall continue to be

11-20    collected until the bonds or other obligations are paid.  During

11-21    that period, the corporation, to the extent practicable, shall

11-22    dispose of its assets and apply the proceeds to satisfy the bonds

11-23    or other obligations.  The corporation shall immediately notify the

11-24    comptroller when the bonds or other obligations have been paid.

11-25    When the last of the bonds or obligations is satisfied, any

11-26    remaining assets of the corporation shall be transferred to the

11-27    city, and the corporation is dissolved.  A tax imposed under this

 12-1    section may not be collected after the last day of the first

 12-2    calendar quarter beginning after the date of notification to the

 12-3    comptroller.

 12-4          (i-3)  At an election held to adopt a sales and use tax under

 12-5    this section, the city may also allow the voters to vote to limit

 12-6    the time during which the tax may be imposed.  The city shall add

 12-7    to the end of the ballot proposition prescribed by Subsection (e)

 12-8    or (f) of this section: "to be imposed for _____ years" (insert

 12-9    number of years).  The governing body of the city shall set the

12-10    expiration date of the proposed tax to occur on the appropriate

12-11    anniversary of the effective date of the tax.  A sales and use tax

12-12    imposed for a limited period under this subsection expires on the

12-13    date set by the governing body under this section or on an earlier

12-14    date if the corporation is dissolved under Subsection (i-1) of this

12-15    section or the tax is abolished under Subsection (i-2) of this

12-16    section.  Before the 60th day before the date the tax is to expire,

12-17    the governing body shall send a notice to the comptroller stating

12-18    the expiration date of the tax.  Revenue collected after the

12-19    expiration of the tax from the imposition of the tax after its

12-20    expiration date shall be forwarded by the state to the governing

12-21    body to be used to pay current bonded indebtedness of the city.  A

12-22    city that has imposed a tax under this section may not extend the

12-23    period of the tax's imposition or reimpose the tax unless the

12-24    extension or reimposition is approved by a majority of the

12-25    qualified voters of the city voting in an election called and held

12-26    for that purpose.

12-27          SECTION 7.  The Development Corporation Act of 1979 (Article

 13-1    5190.6, Vernon's Texas Civil Statutes) is amended by adding Section

 13-2    4C to read as follows:

 13-3          Sec. 4C.  (a)  Not later than February 1 of each year, the

 13-4    board of directors of a corporation created under Section 4A or 4B

 13-5    of this Act shall submit to the comptroller a report in the form

 13-6    required by the comptroller.

 13-7          (b)  The reporting form shall not exceed one page in length

 13-8    and must include:

 13-9                (1)  a statement of the corporation's primary economic

13-10    development objectives;

13-11                (2)  a statement of the corporation's total revenues

13-12    during the preceding fiscal year;

13-13                (3)  a statement of the corporation's total

13-14    expenditures during the preceding fiscal year;

13-15                (4)  a statement of the corporation's total

13-16    expenditures during the preceding fiscal year in each of the

13-17    following categories:

13-18                      (A)  administration;

13-19                      (B)  personnel;

13-20                      (C)  marketing or promotion;

13-21                      (D)  direct business incentives;

13-22                      (E)  debt service;

13-23                      (F)  capital costs; and

13-24                      (G)  payments to taxing units, including school

13-25    districts;

13-26                (5)  a list of the corporation's capital assets,

13-27    including land and buildings; and

 14-1                (6)  a statement of the corporation's other assets,

 14-2    including deposits and securities.

 14-3          (c)  If a corporation fails to file a report in accordance

 14-4    with this section or fails to include sufficient information in the

 14-5    report, the comptroller shall provide to the corporation written

 14-6    notice of this failure.  The written notice must include

 14-7    information on how to correct the failure.

 14-8          (d)  The comptroller may impose an administrative penalty of

 14-9    $200 against a corporation that does not correct the failure before

14-10    the 31st day after the date the corporation receives the written

14-11    notice under Subsection (c) of this section.

14-12          (e)  The comptroller by rule shall prescribe the procedures

14-13    for the imposition of an administrative penalty under this section.

14-14    The rules must protect the due process rights of a corporation.

14-15          (f)  Not later than November 1 of each even-numbered year,

14-16    the comptroller shall submit to the legislature a report on the use

14-17    of the sales and use tax imposed under Sections 4A and 4B of this

14-18    Act to encourage economic development in this state.

14-19          (g)  On request, the comptroller shall provide without charge

14-20    a copy of the report required by Subsection (f) of this section to

14-21    a corporation organized under Section 4A or 4B of this Act.

14-22          SECTION 8.  (a)  An election held before the effective date

14-23    of this Act to impose a sales and use tax for a limited period

14-24    under Section 4B, Development Corporation Act of 1979 (Article

14-25    5190.6, Vernon's Texas Civil Statutes), is valid and the

14-26    municipality may impose the tax in accordance with the election if:

14-27                (1)  the election is otherwise held in accordance with

 15-1    Section 4B, Development Corporation Act of 1979 (Article 5190.6,

 15-2    Vernon's Texas Civil Statutes), as it existed on the date of the

 15-3    election;

 15-4                (2)  the ballot proposition at the election held to

 15-5    impose the tax prescribes the number of years for which the tax may

 15-6    be imposed; and

 15-7                (3)  a majority of the voters voting at the election

 15-8    vote in favor of the proposition to impose the tax.

 15-9          (b)  This section does not apply to an election held before

15-10    the effective date of this Act or to the imposition of a sales and

15-11    use tax in accordance with that election if the validity of the tax

15-12    is the subject of a lawsuit pending on the effective date of this

15-13    Act.

15-14          SECTION 9.  This Act does not affect the authority of an

15-15    industrial development corporation created before the effective

15-16    date of this Act to continue a project that the corporation had

15-17    undertaken before the effective date of this Act.

15-18          SECTION 10.  Section 4B(n), Development Corporation Act of

15-19    1979 (Article 5190.6, Vernon's Texas Civil Statutes), is repealed.

15-20          SECTION 11.  This Act takes effect September 1, 1997.

15-21          SECTION 12.  The importance of this legislation and the

15-22    crowded condition of the calendars in both houses create an

15-23    emergency and an imperative public necessity that the

15-24    constitutional rule requiring bills to be read on three several

15-25    days in each house be suspended, and this rule is hereby suspended.