75R12464 JD-F                           

         By Coleman                                            H.B. No. 3083

         Substitute the following for H.B. No. 3083:

         By Oliveira                                       C.S.H.B. No. 3083

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the Tax Increment Financing Act and to the creation of

 1-3     a public improvement district.

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

 1-5           SECTION 1.  Section 311.0031, Tax Code, is amended to read as

 1-6     follows:

 1-7           Sec. 311.0031.  ENTERPRISE ZONE; PUBLIC IMPROVEMENT DISTRICT.

 1-8     (a)  Designation of an area as an enterprise zone under Chapter

 1-9     2303, Government Code constitutes designation of the area as a

1-10     reinvestment zone under this chapter without further hearing or

1-11     other procedural requirements other than those provided by Chapter

1-12     2303, Government Code.

1-13           (b)  The governing body of a municipality with a population

1-14     of 100,000 or more, without additional authorization, may:

1-15                 (1)  create a public improvement district under

1-16     Chapter 372, Local Government Code, that includes all or any part

1-17     of a reinvestment zone that is located in an enterprise zone; and

1-18                 (2)  provide that if land is annexed to the

1-19     reinvestment zone, the land is automatically annexed to the public

1-20     improvement district.

1-21           (c)  A governing body to which Subsection (b) applies must

1-22     follow the procedures for creating a public improvement district

1-23     under Chapter 372, Local Government Code, except the petition

1-24     provisions of that chapter do not apply.

 2-1           SECTION 2.  Section 311.008(a), Tax Code, is amended to read

 2-2     as follows:

 2-3           (a)  A municipality may exercise any power necessary and

 2-4     convenient to carry out this chapter, including the power to:

 2-5                 (1)  cause project plans to be prepared, approve and

 2-6     implement the plans, and otherwise achieve the purposes of the

 2-7     plan;

 2-8                 (2)  acquire real property by purchase, condemnation,

 2-9     or other means to implement project plans and sell that property on

2-10     the terms and conditions and in the manner it considers advisable;

2-11                 (3)  enter into agreements, including agreements with

2-12     bondholders, contractors, consultants, developers, and other

2-13     persons, determined by the governing body of the municipality to be

2-14     necessary or convenient to implement project plans and achieve

2-15     their purposes, which agreements may include conditions,

2-16     restrictions, or covenants that run with the land or that by other

2-17     means regulate or restrict the use of land and may dedicate or

2-18     pledge revenues from the tax increment fund in support of the

2-19     agreements; and

2-20                 (4)  consistent with the project plan for the zone:

2-21                       (A)  acquire blighted, deteriorated,

2-22     deteriorating, undeveloped, or inappropriately developed real

2-23     property or other property in a blighted area, in an enterprise

2-24     zone, or in a federally assisted new community in the zone to

2-25     implement or complete the project plan, for the preservation or

2-26     restoration of historic sites, beautification or conservation, the

2-27     provision of public works or public facilities, or other public

 3-1     purposes; [or]

 3-2                       (B)  acquire, construct, reconstruct, or install

 3-3     public works, facilities, or sites or other [public] improvements,

 3-4     including utilities, streets, fences, street lights, water and

 3-5     sewer facilities, pedestrian malls, sidewalks, [and] walkways,

 3-6     parks, flood and  drainage facilities, educational facilities, or

 3-7     parking facilities;

 3-8                       (C)  acquire or install works of art, security

 3-9     devices, or trees; or

3-10                       (D)  remediate conditions that contaminate land

3-11     or buildings located in the zone.

3-12           SECTION 3.  Section 311.009(a), Tax Code, is amended to read

3-13     as follows:

3-14           (a)  Except as provided by Subsection (b), the board of

3-15     directors of a reinvestment zone consists of at least five and not

3-16     more than 17 [15] members, unless more than 17 [15] members are

3-17     required to satisfy the requirements of this subsection.

3-18           Each taxing unit other than a municipality that levies taxes

3-19     on real property in the zone may appoint one member of the board.

3-20     A unit may waive its right to appoint a director.  The member of

3-21     the state senate in whose district the zone is located is a member

3-22     of the board, and the member of the state house of representatives

3-23     in whose district the zone is located is a member of the board,

3-24     except that either may designate another individual to serve in the

3-25     member's place at the pleasure of the member.  If the zone is

3-26     located in more than one senate or house district, this subsection

3-27     applies only to the senator or representative in whose district a

 4-1     larger portion of the zone is located than any other senate or

 4-2     house district, as applicable. The governing body of the

 4-3     municipality that created the zone may appoint not more than 10

 4-4     directors to the board;  except that if there are fewer than five

 4-5     directors appointed by taxing units other than the municipality,

 4-6     the governing body of the municipality may appoint more than 10

 4-7     members as long as the total membership of the board does not

 4-8     exceed 17 [15].

 4-9           SECTION 4.  Section 311.010(b), Tax Code, is amended to read

4-10     as follows:

4-11           (b)  The board of directors of a reinvestment zone may enter

4-12     into agreements as the board considers necessary or convenient to

4-13     implement the project plan and reinvestment zone financing plan and

4-14     achieve their purposes.  An agreement may provide for the

4-15     regulation or restriction of the use of land by imposing

4-16     conditions, restrictions, or covenants that run with the land.  An

4-17     agreement may dedicate and provide that revenue in [from] the tax

4-18     increment fund be used to pay project costs, including the costs of

4-19     low-income or moderate-income housing or replacing housing or areas

4-20     of public assembly in or out of the zone.  An agreement may

4-21     dedicate revenue from the tax increment fund to pay a neighborhood

4-22     enterprise association for providing services or carrying out

4-23     projects authorized under Subchapters E and G, Chapter 2303,

4-24     Government Code, in the zone.  The term of an agreement under this

4-25     subsection may be of any duration, except that the term of an

4-26     agreement with a neighborhood enterprise association may not exceed

4-27     10 years.

 5-1           SECTION 5.  Section 311.011(f), Tax Code, is amended to read

 5-2     as follows:

 5-3           (f)  In a zone designated under Section 311.005(a)(5) that is

 5-4     located in a county with a population of 2.1 million or more, the

 5-5     project plan must provide that at least one-third of the surface

 5-6     area of the zone, excluding roads, streets, highways, utility

 5-7     rights-of-way, and other public areas or areas exempt from ad

 5-8     valorem taxation, be used for [dedicated to] residential housing

 5-9     and that at least one-third of the tax increment of the zone be

5-10     used to provide [dedicated to providing] low-income and

5-11     moderate-income housing or to assist or stimulate the economic

5-12     development of an eligible business activity during the term of the

5-13     zone.  Assistance to an eligible business activity may be provided

5-14     in any manner authorized by this chapter or Chapter 380, Local

5-15     Government Code.  The board of directors of a reinvestment zone

5-16     shall specify in the project plan the manner in which low-income or

5-17     moderate-income housing will be provided, the manner in which any

5-18     assistance to eligible business activities will be provided, and

5-19     the method by which the tax increment will be allocated.  In this

5-20     subsection "eligible business activity" means a business activity

5-21     of which at least 35 percent of the employees reside in the

5-22     territory of an enterprise zone, and substantially all of which is

5-23     performed in that enterprise zone.

5-24           SECTION 6.  (a)  This Act takes effect September 1, 1997.

5-25           (b)  The change in law to Section 311.009(a), Tax Code, made

5-26     by this Act applies to a reinvestment zone created before the

5-27     effective date of this Act that is in existence on that date.

 6-1           SECTION 7.  The importance of this legislation and the

 6-2     crowded condition of the calendars in both houses create an

 6-3     emergency and an imperative public necessity that the

 6-4     constitutional rule requiring bills to be read on three several

 6-5     days in each house be suspended, and this rule is hereby suspended.