By Oliveira                                     H.B. No. 2162

      75R5709 CBH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

 1-3     development corporations.

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1-21     election held in the city,] the tax is repealed under Subsection

1-22     (o) of this section.  [If an earlier abolition election is held,

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

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

 2-1     imposition is effective until repealed in accordance with

 2-2     Subsection (o) of this section [by election].  Before the  60th day

 2-3     before the date that a tax is to expire, the governing body shall

 2-4     send a notice to the comptroller stating the expiration date of the

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

 2-6     imposition of the tax after its expiration date shall be forwarded

 2-7     by the state to the governing body to be used to pay current bonded

 2-8     indebtedness of the municipality. A municipality that has imposed a

 2-9     tax under this section may not extend the period of the tax's

2-10     imposition or reimpose the tax unless the extension or reimposition

2-11     is approved by a majority of the qualified voters of the

2-12     municipality voting in an election called and held for that purpose

2-13     [after its expiration date].  If a city reduces the rate of an

2-14     additional sales and use tax under Chapter 321, Tax Code, to impose

2-15     a tax under this section for a limited period as provided under

2-16     this subsection, and does not have an election to change the rate

2-17     of the additional sales and use tax before the expiration date of

2-18     the tax under this section, the rate of the additional sales and

2-19     use tax under Section 321.101(b), Tax Code, in the city returns to

2-20     its previous rate in effect at the time the tax imposed under this

2-21     section was adopted on the expiration date of the tax under this

2-22     section without having to hold an election under Chapter 321, Tax

2-23     Code, to impose the increase in the rate.

2-24           (o)  In a city in which a sales and use tax for the benefit

2-25     of a corporation has been imposed under this  section, in the same

2-26     manner and by the same procedure the city by majority vote of the

2-27     qualified voters of the city voting at an election called and  held

 3-1     for the purpose may reduce, [or] increase, or abolish the tax.  The

 3-2     rate may be reduced in one or more increments of one-eighth of one

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

 3-4     one or more increments of one-eighth of one percent to a maximum of

 3-5     one-half of one percent.  On petition of 10 percent or more of the

 3-6     registered voters of the city requesting an election on the

 3-7     increase, [or] decrease, or abolition of the tax under this

 3-8     section, the governing body of the  city shall order an election on

 3-9     the issue.  The ballot shall be printed in the same manner as the

3-10     ballot under Subsection (m) of this section, except that the ballot

3-11     to abolish the tax shall be printed  to provide for voting for or

3-12     against the proposition:  "The abolition of the sales and use tax

3-13     for the promotion and development of new and expanded business

3-14     enterprises."  Section 321.102(a), Tax Code, applies to the

3-15     abolition of a tax under this subsection.  However, if before the

3-16     date of the election the corporation had issued bonds or incurred

3-17     other obligations secured by the tax, the tax shall continue to be

3-18     collected until the bonds or other obligations are paid.  The

3-19     corporation shall immediately notify the comptroller when the bonds

3-20     or other obligations have been paid.  A tax imposed under this

3-21     section may not be collected after the last day of the first

3-22     calendar quarter beginning after the date of notification to the

3-23     comptroller.

3-24           SECTION 2.  Section 4A, Development Corporation Act of 1979

3-25     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

3-26     adding Subsection (s) to read as follows:

3-27           (s)(1)  A city that creates or has created a corporation

 4-1     governed by this section may submit to the voters of the city, at a

 4-2     separate election to be held on an available uniform election date

 4-3     or at an election held under another provision of this Act,

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

 4-5     authorize the collection of a sales and use tax for the benefit of

 4-6     the corporation is submitted, a ballot proposition that authorizes

 4-7     the corporation to use the sales and use tax, including any amount

 4-8     previously authorized and collected, for a specific project or for

 4-9     a specific category of projects that does not qualify under this

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

4-11     of a specific project at an election or completion of a specific

4-12     project approved at an election does not prohibit a city from

4-13     seeking voter approval of an additional project or category of

4-14     projects under this subsection to be funded from the same sales and

4-15     use tax.

4-16                 (2)  In the election to authorize the use of the sales

4-17     or use tax for a specific project or for a specific category of

4-18     projects not authorized under this section, the project or category

4-19     of projects must be clearly described on the ballot so that a voter

4-20     will be able to discern the limits of the specific project or

4-21     category of projects authorized by the proposition.  If maintenance

4-22     and operating costs of an otherwise authorized facility are to be

4-23     paid from the sales or use tax, the ballot language must clearly

4-24     state that fact.

4-25                 (3)  Before an election may be held under this

4-26     subsection, the corporation must comply with the public notice and

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

 5-1                 (4)  If a majority of the voters voting on the issue do

 5-2     not approve a specific project or a specific category of projects

 5-3     at an election under this subsection, another election may not be

 5-4     held on the same project or category of projects before the first

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

 5-6     the project or category of projects.

 5-7           SECTION 3.  Section 4B, Development Corporation Act of 1979

 5-8     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

 5-9     redesignating Subsection (a-1) as Subsection (a-3) and adding a new

5-10     Subsection (a-1) to read as follows:

5-11           (a-1)  A corporation may not undertake or spend money to

5-12     undertake a project unless the city has adopted a sales and use tax

5-13     under this section for the benefit of the corporation.  Before

5-14     spending money to undertake a specific project or general type of

5-15     project, a corporation shall publish notice of the project and hold

5-16     at least one public hearing on the proposed project.  The

5-17     corporation shall publish notice under this subsection by

5-18     publishing notice of the project in a newspaper of general

5-19     circulation in the city or by posting a written notice of the

5-20     project in a place readily accessible to the general public at all

5-21     times.  The corporation shall publish or post the notice not

5-22     earlier than 15 days or later than seven days before the scheduled

5-23     time of the public hearing on the project.  Notice required under

5-24     this subsection is in addition to any notice required under Chapter

5-25     551, Government Code.

5-26           (a-3)  A corporation may undertake a project under this

5-27     section unless within 60 days after first publishing notice of a

 6-1     specific project or type of general project under Subsection (a-1)

 6-2     of this section the governing body of the city receives a petition

 6-3     from more than 10 percent of the registered voters of the city

 6-4     where the petition requests that an election be held before that

 6-5     specific project or that general type of project is undertaken.  An

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

 6-7     petition if the qualified citizens of the city have previously

 6-8     approved the undertaking of a specific project or that general type

 6-9     of project at an election called for that purpose by the governing

6-10     body of the city or in conjunction with another election required

6-11     to be held under this section.

6-12           SECTION 4.  Section 4B(c), Development Corporation Act of

6-13     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to

6-14     read as follows:

6-15           (c)  The board of directors of a corporation under this

6-16     section consists of seven directors who are appointed by the

6-17     governing body of the eligible city for two-year terms of office.

6-18     A director may be removed by the governing body of the eligible

6-19     city at any time without cause.  Each director must be a resident

6-20     of the eligible city.  Three directors shall be persons who are not

6-21     employees, officers, or members of the governing body of the

6-22     eligible city.  A majority of the entire membership of the board is

6-23     a quorum.  Notwithstanding any other provision of this subsection,

6-24     if a city dissolves a corporation created under Section 4A of this

6-25     Act and creates a corporation under this section, a person serving

6-26     as a director of the corporation created under Section 4A of this

6-27     Act at the time of dissolution may serve on the board of the

 7-1     corporation created under this section.  The board shall conduct

 7-2     all meetings within the boundaries of the eligible city.  The board

 7-3     shall appoint a president, a secretary, and other officers of the

 7-4     corporation that the governing body of the eligible city considers

 7-5     necessary.  The corporation's registered agent must be an

 7-6     individual resident of the state and the corporation's registered

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

 7-8           SECTION 5.  Section 4B, Development Corporation Act of 1979

 7-9     (Article 5190.6, Vernon's Texas Civil Statutes), as amended by

7-10     Chapters 1022 and 1031, Acts of the 73rd Legislature, Regular

7-11     Session, 1993, is amended by amending Subsections (e) and (f) and

7-12     adding Subsections (i-1), (i-2), and (i-3) to read as follows:

7-13           (e)  The rate of a tax adopted under this section must be

7-14     one-eighth, one-fourth, three-eighths, or one-half of  one percent.

7-15     The ballot proposition at the election held to adopt the tax must

7-16     clearly state that the voters are voting on the adoption of a new

7-17     sales and use tax, specify the rate of the tax to be adopted, and

7-18     identify the proposed use of or purpose for the tax revenue.  In

7-19     addition, if maintenance and operating costs are to be paid from

7-20     the tax, the ballot language must clearly state that fact.  A

7-21     corporation that holds an election to reduce or repeal a tax

7-22     imposed under Section 4A of this Act may, in the same or in a

7-23     separate proposition on the same ballot,  adopt a tax under this

7-24     section.  If an eligible city adopts the tax, a tax is imposed on

7-25     the receipts from the sale at retail of taxable items within the

7-26     eligible city at the rate approved at the election. There is also

7-27     imposed an excise tax on the use, storage, or other consumption

 8-1     within the eligible city of tangible personal property purchased,

 8-2     leased, or rented from a retailer during the period that the tax is

 8-3     effective within the eligible city.  The rate of the excise tax is

 8-4     the same as the rate of the sales tax portion of the tax and is

 8-5     applied to the sale price of the tangible personal property.

 8-6           [(e)  If an eligible city adopts the tax, a tax is imposed on

 8-7     the receipts from the sale at retail of taxable items within the

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

 8-9     eligible city.  The rate must be equal to one-eighth, one-fourth,

8-10     three-eighths, or one-half of one percent.  There is also imposed

8-11     an excise  tax on the use, storage, or other consumption within the

8-12     eligible city of tangible personal property purchased, leased, or

8-13     rented from a retailer during the period that the tax is effective

8-14     within the eligible city.  The rate of the excise tax is the same

8-15     as the rate of the sales tax portion of the tax and is applied to

8-16     the sale price of the tangible personal property.]

8-17           (f)  Chapter 321, Tax Code, governs the imposition,

8-18     computation, administration, collection, abolition, and remittance

8-19     of the tax except as inconsistent with this section.  The tax

8-20     imposed under this section takes effect as  provided by Section

8-21     321.102(a), Tax Code.  If, however, an election is held under this

8-22     section at the same time an election is held to impose or change

8-23     the rate of the additional municipal sales and use tax, the tax

8-24     under this section and the imposition or change in rate of the

8-25     additional municipal sales and use tax take effect as provided by

8-26     Section 321.102(b), Tax Code.  The ballot proposition for an

8-27     election to impose the tax under this section and to impose or

 9-1     change  the rate of the additional municipal sales and use tax must

 9-2     clearly state that the voters are voting on the adoption of a new

 9-3     sales and use tax or the change of an existing tax and include the

 9-4     information prescribed by Subsection (e) of this section, as

 9-5     appropriate.  After the effective date of the taxes imposed under

 9-6     this section, the adoption of a sales and use tax or the attempted

 9-7     adoption of a sales and use tax by the eligible city or any other

 9-8     taxing jurisdiction having territory in the city does not impair

 9-9     the taxes imposed under this section.

9-10           (i-1)  On petition of 10 percent or more of the registered

9-11     voters of the city requesting an election on the  dissolution of

9-12     the corporation, the governing body shall order an election on the

9-13     issue at the next available uniform election date that is not less

9-14     than 45 days after the date that the petition is filed.  The

9-15     election must be conducted according to the applicable provisions

9-16     of the Election Code.  The ballot for the election shall be printed

9-17     to provide for voting for or against the proposition:  "Dissolution

9-18     of the ________________ (name of the corporation)." If a majority

9-19     of voters voting on the issue approve the dissolution, the

9-20     corporation shall continue operations only as necessary to pay the

9-21     principal of and interest on its bonds and to meet obligations

9-22     incurred before the date of the election and, to the extent

9-23     practicable, shall dispose  of its assets and apply the proceeds to

9-24     satisfy those obligations.  When the last of the obligations is

9-25     satisfied, any remaining assets of the corporation shall be

9-26     transferred to the city, and the corporation is dissolved.  A tax

9-27     imposed under this section may not be collected after the last day

 10-1    of the first calendar quarter beginning after notification to the

 10-2    comptroller by the corporation that the last of its obligations is

 10-3    satisfied.

 10-4          (i-2)  The governing body of an eligible city may call and

 10-5    hold an election on the issue of abolishing the tax imposed under

 10-6    this section.  On  petition of 10 percent or more of the registered

 10-7    voters of the city requesting an election on the issue of

 10-8    abolishing the tax, the governing body shall order an election on

 10-9    the issue.  The ballot shall be printed to provide for voting for

10-10    or against the proposition:  "The abolition of the sales and use

10-11    tax for the promotion and development of new and expanded business

10-12    enterprises."  Section 321.102(a), Tax Code, applies to the

10-13    abolition of a tax under this subsection.  However, if before the

10-14    date of the election the corporation had issued bonds or incurred

10-15    other obligations secured by the tax, the tax shall continue to be

10-16    collected until the bonds or other obligations are paid.  During

10-17    that period, the corporation, to the extent practicable, shall

10-18    dispose of its assets and apply the proceeds to satisfy the bonds

10-19    or other obligations.  The corporation shall immediately notify the

10-20    comptroller when the bonds or other obligations have been paid.

10-21    When the last of the bonds or obligations is satisfied, any

10-22    remaining assets of the corporation shall be transferred to the

10-23    city, and the corporation is dissolved.  A tax imposed under this

10-24    section may not be collected after the last day of the first

10-25    calendar quarter beginning after the date of notification to the

10-26    comptroller.

10-27          (i-3)  At an election held to adopt a sales and use tax under

 11-1    this section, the city may also allow the voters to vote to limit

 11-2    the time during which the tax may be imposed.  The city shall add

 11-3    to the end of the ballot proposition prescribed by Subsection (e)

 11-4    or (f) of this section: "to be imposed for _____ years" (insert

 11-5    number of years).  The governing body of the city shall set the

 11-6    expiration date of the proposed tax to occur on the appropriate

 11-7    anniversary of the effective date of the tax.  A sales and use tax

 11-8    imposed for a limited period under this subsection expires on the

 11-9    date set by the governing body under this section or on an earlier

11-10    date if the corporation is dissolved under Subsection (i-1) of this

11-11    section or the tax is abolished under Subsection (i-2) of this

11-12    section.  Before the 60th day before the date the tax is to expire,

11-13    the governing body shall send a notice to the comptroller stating

11-14    the expiration date of the tax.  Revenue collected after the

11-15    expiration of the tax from the imposition of the tax after its

11-16    expiration date shall be forwarded by the state to the governing

11-17    body to be used to pay current bonded indebtedness of the city.  A

11-18    city that has imposed a tax under this section may not extend the

11-19    period of the tax's imposition or reimpose the tax unless the

11-20    extension or reimposition is approved by a majority of the

11-21    qualified voters of the city voting in an election called and held

11-22    for that purpose.

11-23          SECTION 6.  The Development Corporation Act of 1979 (Article

11-24    5190.6, Vernon's Texas Civil Statutes) is amended by adding Section

11-25    4C to read as follows:

11-26          Sec. 4C.  (a)  Not later than April 1 of each year, the board

11-27    of directors of a corporation created under Section 4A or 4B of

 12-1    this Act shall submit to the comptroller a report in the form

 12-2    required by the comptroller.

 12-3          (b)  The report must include:

 12-4                (1)  a statement of the corporation's primary economic

 12-5    development objectives;

 12-6                (2)  a statement of the corporation's total revenues

 12-7    during the preceding calendar year;

 12-8                (3)  a statement of the corporation's total

 12-9    expenditures during the preceding calendar year;

12-10                (4)  a statement of the corporation's total

12-11    expenditures during the preceding calendar year in each of the

12-12    following categories:

12-13                      (A)  administration;

12-14                      (B)  personnel;

12-15                      (C)  marketing or promotion;

12-16                      (D)  direct business incentives;

12-17                      (E)  debt service;

12-18                      (F)  capital costs; and

12-19                      (G)  payments to taxing units, including school

12-20    districts;

12-21                (5)  a list of the corporation's capital assets,

12-22    including land and buildings; and

12-23                (6)  any other information the comptroller requires to

12-24    determine the use of the sales and use tax imposed under Section 4A

12-25    or 4B of this Act to encourage economic development in this state.

12-26          (c)  If a corporation fails to file a report in accordance

12-27    with this section or fails to include sufficient information in the

 13-1    report, the comptroller shall provide to the corporation written

 13-2    notice of this failure.  The written notice must include

 13-3    information on how to correct the failure.

 13-4          (d)  If the corporation does not correct the failure before

 13-5    the 31st day after the date the corporation receives the written

 13-6    notice under Subsection (c) of this section, the comptroller shall

 13-7    hold 10 percent of each subsequent distribution of revenue from the

 13-8    sales and use tax imposed for the benefit of the corporation until

 13-9    the corporation corrects the failure.

13-10          (e)  Not later than November 1 of each even-numbered year,

13-11    the comptroller shall submit to the legislature a report on the use

13-12    of the sales and use tax imposed under Sections 4A and 4B of this

13-13    Act to encourage economic development in this state.

13-14          (f)  On request, the comptroller shall provide without charge

13-15    a copy of the report required by Subsection (e) of this section to

13-16    a corporation organized under Section 4A or 4B of this Act.

13-17          SECTION 7.  Section 4B(n), Development Corporation Act of

13-18    1979 (Article 5190.6, Vernon's Texas Civil Statutes), is repealed.

13-19          SECTION 8.  This Act takes effect September 1, 1997.

13-20          SECTION 9.  The importance of this legislation and the

13-21    crowded condition of the calendars in both houses create an

13-22    emergency and an imperative public necessity that the

13-23    constitutional rule requiring bills to be read on three several

13-24    days in each house be suspended, and this rule is hereby suspended.