By Coleman H.B. No. 3083
75R7841 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Tax Increment Financing Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 311.005(a), Tax Code, is amended to read
1-5 as follows:
1-6 (a) To be designated as a reinvestment zone, an area must:
1-7 (1) substantially arrest or impair the sound growth of
1-8 the municipality creating the zone, retard the provision of housing
1-9 accommodations, or constitute an economic or social liability and
1-10 be a menace to the public health, safety, morals, or welfare in its
1-11 present condition and use because of the presence of:
1-12 (A) a substantial number of substandard, slum,
1-13 deteriorated, or deteriorating structures;
1-14 (B) the predominance of defective or inadequate
1-15 sidewalk or street layout;
1-16 (C) faulty lot layout in relation to size,
1-17 adequacy, accessibility, or usefulness;
1-18 (D) unsanitary or unsafe conditions;
1-19 (E) the deterioration of site or other
1-20 improvements;
1-21 (F) tax or special assessment delinquency
1-22 exceeding the fair value of the land;
1-23 (G) defective or unusual conditions of title; or
1-24 (H) conditions that endanger life or property by
2-1 fire or other cause;
2-2 (2) be predominantly open and, because of obsolete
2-3 platting, deterioration of structures or site improvements, or
2-4 other factors, substantially impair or arrest the sound growth of
2-5 the municipality; [or]
2-6 (3) be in a federally assisted new community located
2-7 in the municipality or in an area immediately adjacent to a
2-8 federally assisted new community;
2-9 (4) be designated as an enterprise zone under Chapter
2-10 2303, Government Code; or
2-11 (5) be an area described in a petition requesting that
2-12 the area be designated as a reinvestment zone, if the petition is
2-13 submitted to the governing body of the municipality by the owners
2-14 of property constituting at least 50 percent of the appraised value
2-15 of the property in the area according to the most recent certified
2-16 appraisal roll for the county in which the area is located.
2-17 SECTION 2. Section 311.009, Tax Code, is amended by adding
2-18 Subsection (c) to read as follows:
2-19 (c) The governing body of a municipality may add members to
2-20 a board covered by Subsection (a).
2-21 SECTION 3. Section 311.010, Tax Code, is amended by adding
2-22 Subsection (d) to read as follows:
2-23 (d) The board may create a nonprofit corporation under the
2-24 Texas Non-Profit Corporation Act (Article 1396.1.01, et seq.) to
2-25 assist the board in the performance of the board's duties under
2-26 this chapter.
2-27 SECTION 4. Section 311.011(f), Tax Code, is amended to read
3-1 as follows:
3-2 (f) In a zone designated under Section 311.005(a)(5) that is
3-3 located in a county with a population of 2.1 million or more, the
3-4 project plan must provide that at least one-third of the surface
3-5 area of the zone, excluding roads, streets, highways, utility
3-6 rights-of-way, and other public areas or areas exempt from ad
3-7 valorem taxation, be dedicated to residential housing and that at
3-8 least one-third of the tax increment of the zone be dedicated to
3-9 providing low-income housing during the term of the zone. The plan
3-10 shall specify the manner in which the portion of the tax increment
3-11 dedicated to low-income housing is to be spent and shall provide
3-12 for an annual allocation of the portion.
3-13 SECTION 5. This Act takes effect September 1, 1997.
3-14 SECTION 6. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.