By:  Madla, et al.                                     S.B. No. 226

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to defense economic readjustment zones; authorizing the

 1-2     issuance of bonds.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subtitle G, Title 10, Government Code, is amended

 1-5     by adding Chapter 2310 to read as follows:

 1-6              CHAPTER 2310.  DEFENSE ECONOMIC READJUSTMENT ZONE

 1-7                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-8           Sec. 2310.001.  DEFINITIONS.  In this chapter:

 1-9                 (1)  "Defense worker" means:

1-10                       (A)  an employee of the United States Department

1-11     of Defense, including a member of the armed forces and a government

1-12     civilian worker;

1-13                       (B)  an employee of a government agency or

1-14     private business, or an entity providing a department of defense

1-15     related function, who is employed on a defense facility;

1-16                       (C)  an employee of a business that provides

1-17     direct services or products to the department of defense and whose

1-18     job is directly dependent on defense expenditures; or

1-19                       (D)  an employee or private contractor employed

1-20     by the United States Department of Energy working on a defense or

1-21     department of energy facility in support of a department of defense

1-22     related project.

1-23                 (2)  "Defense worker job" means a department of defense

 2-1     authorized permanent position or a position held or occupied by one

 2-2     or more defense workers for more than 12 months.

 2-3                 (3)  "Department" means the Texas Department of

 2-4     Commerce.

 2-5                 (4)  "Nominating body" means the governing body of a

 2-6     municipality or county, or a combination of the governing bodies of

 2-7     municipalities or counties, that nominates and applies for

 2-8     designation of an area as a readjustment zone.

 2-9                 (5)  "Qualified business" means a person certified as a

2-10     qualified business under Section 2310.302.

2-11                 (6)  "Qualified employee" means a person who:

2-12                       (A)  works for a qualified business; and

2-13                       (B)  performs at least 50 percent of the person's

2-14     service for the business in the readjustment zone.

2-15                 (7)  "Readjustment zone" means an area designated as a

2-16     defense economic readjustment zone under this chapter.

2-17           Sec. 2310.002.  JURISDICTION OF MUNICIPALITY. For the

2-18     purposes of this chapter, territory in the extraterritorial

2-19     jurisdiction of a municipality is considered to be in the

2-20     jurisdiction of the municipality.

2-21             (Sections 2310.003-2310.050 reserved for expansion

2-22        SUBCHAPTER B.  DEPARTMENT POWERS AND DUTIES RELATING TO ZONES

2-23           Sec. 2310.051.  GENERAL POWERS AND DUTIES.  (a)  The

2-24     department shall administer and monitor the implementation of this

2-25     chapter.

 3-1           (b)  The department shall establish criteria and procedures

 3-2     for designating a qualified area as a readjustment zone and for

 3-3     designating a defense readjustment project.

 3-4           (c)  The department shall adopt rules necessary to carry out

 3-5     the purposes of this chapter.

 3-6           Sec. 2310.052.  EVALUATION; REPORT.  (a)  The department

 3-7     shall conduct a continuing evaluation of the programs of

 3-8     readjustment zones.

 3-9           (b)  On or before December 1 of each year, the department

3-10     shall submit to the governor, the legislature, and the Legislative

3-11     Budget Board a report that:

3-12                 (1)  evaluates the effectiveness of the readjustment

3-13     zone program;

3-14                 (2)  describes the use of state and local incentives

3-15     under this chapter and their effect on revenue; and

3-16                 (3)  suggests legislation, as appropriate.

3-17           Sec. 2310.053.  ASSISTANCE.  (a)  The department shall

3-18     assist:

3-19                 (1)  a qualified business in obtaining the benefits of

3-20     any state incentive or inducement program provided by law;

3-21                 (2)  the governing body of a readjustment zone in

3-22     obtaining assistance from another state agency, including job

3-23     training and technical assistance to qualified businesses in a

3-24     zone; and

3-25                 (3)  the governing body of a readjustment zone in

 4-1     encouraging small business development.

 4-2           (b)  The department shall provide to persons desiring to

 4-3     locate and engage in business in a readjustment zone information

 4-4     and appropriate assistance relating to the required legal

 4-5     authorization, including a state license, permit, certificate,

 4-6     approval, registration, or charter, to engage in business in this

 4-7     state.

 4-8           (c)  The department shall publicize existing tax incentives

 4-9     and economic development programs in readjustment zones.

4-10           (d)  On request the department shall offer to a unit of local

4-11     government having a readjustment zone within its jurisdiction

4-12     technical assistance relating to tax abatement and the development

4-13     of alternative revenue sources.

4-14           Sec. 2310.054.  COORDINATION WITH OTHER GOVERNMENTAL

4-15     ENTITIES.  (a)  In cooperation with the appropriate units of local

4-16     government and other state agencies, the department shall

4-17     coordinate and streamline state business assistance programs and

4-18     permit or license application procedures for businesses in

4-19     readjustment zones.

4-20           (b)  The department shall work with the responsible state and

4-21     federal agencies to coordinate readjustment zone programs with

4-22     other programs carried out in a readjustment zone, including

4-23     housing, community and economic development, small business,

4-24     banking, financial assistance, transportation, and employment

4-25     training programs.

 5-1           (c)  The department shall encourage other state agencies in

 5-2     awarding grants, loans, or services to give priority to businesses

 5-3     in readjustment zones.

 5-4             (Sections 2310.055-2310.100 reserved for expansion

 5-5               SUBCHAPTER C.  DESIGNATION OF READJUSTMENT ZONE

 5-6           Sec. 2310.101.  CRITERIA FOR READJUSTMENT ZONE DESIGNATION.

 5-7     (a)  To be designated as a readjustment zone an area must:

 5-8                 (1)  have a continuous boundary;

 5-9                 (2)  be at least one square mile but not larger than 20

5-10     square miles, excluding lakes, waterways, and transportation

5-11     arteries, of the municipality, county, or combination of

5-12     municipalities or counties nominating the area as a readjustment

5-13     zone;

5-14                 (3)  be located in an adversely affected

5-15     defense-dependent community;

5-16                 (4)  have at least 50 percent of its area located in an

5-17     existing or former United States Department of Defense facility;

5-18     and

5-19                 (5)  be nominated as a readjustment zone by an

5-20     ordinance or order adopted by the nominating body.

5-21           (b)  An area is not prohibited from being included in a

5-22     readjustment zone because the area is also included in an

5-23     enterprise zone designated under Chapter 2303.

5-24           Sec. 2310.102.  ADVERSELY AFFECTED DEFENSE-DEPENDENT

5-25     COMMUNITY.  A municipality or county is an adversely affected

 6-1     defense-dependent community if the department determines that:

 6-2                 (1)  the municipality or county requires assistance

 6-3     because of:

 6-4                       (A)  the proposed or actual establishment,

 6-5     realignment, or closure of a defense facility;

 6-6                       (B)  the cancellation or termination of a United

 6-7     States Department of Defense contract or the failure of the

 6-8     department of defense to proceed with an approved major weapon

 6-9     system program;

6-10                       (C)  a publicly announced planned major reduction

6-11     in department of defense spending that would directly and adversely

6-12     affect the municipality or county; or

6-13                       (D)  the closure or a significant reduction of

6-14     the operations of a defense facility as the result of a merger,

6-15     acquisition, or consolidation of a defense contractor operating the

6-16     facility; and

6-17                 (2)  the municipality or county is expected to

6-18     experience, during the period between the beginning of the federal

6-19     fiscal year during which an event described by Subdivision (1) is

6-20     finally approved and the date that the event is to be substantially

6-21     completed, a direct loss of:

6-22                       (A)  2,500 or more defense worker jobs in any

6-23     area of the  municipality or county that is located in an urbanized

6-24     area of a metropolitan statistical area;

6-25                       (B)  1,000 or more defense worker jobs in any

 7-1     area of the municipality or county that is not located in an

 7-2     urbanized area of a metropolitan statistical area; or

 7-3                       (C)  one percent of the civilian jobs in the

 7-4     municipality or county.

 7-5           Sec. 2310.103.  NOMINATION OF READJUSTMENT ZONE.  (a)  The

 7-6     governing body of a municipality or county that is an adversely

 7-7     affected defense-dependent community, individually or in

 7-8     combination with other municipalities or counties that are

 7-9     adversely affected defense-dependent communities, by ordinance or

7-10     order, as appropriate, may nominate as a readjustment zone an area

7-11     within its jurisdiction that meets the criteria under Section

7-12     2310.101.

7-13           (b)  Unless the nominating body holds a public hearing before

7-14     adopting an ordinance or order under this section, the ordinance or

7-15     order is not valid.

7-16           (c)  The governing body of a county may not nominate

7-17     territory in a municipality, including extraterritorial

7-18     jurisdiction of a municipality, to be included in a proposed

7-19     readjustment zone unless the governing body of the municipality

7-20     also nominates the territory and together with the county files a

7-21     joint application under Section 2310.105.

7-22           (d)  The governing bodies of a combination of municipalities

7-23     or counties may not jointly nominate an area as a readjustment zone

7-24     unless the governing bodies have entered into a binding agreement

7-25     to administer the zone jointly.

 8-1           Sec. 2310.104.  NOMINATING ORDINANCE OR ORDER.  (a)  An

 8-2     ordinance or order nominating an area as a readjustment zone must:

 8-3                 (1)  describe precisely the area to be included in the

 8-4     zone by a legal description or reference to roadways, lakes,

 8-5     waterways, or municipal or county boundaries;

 8-6                 (2)  state a finding that the area meets the

 8-7     requirements of this chapter;

 8-8                 (3)  summarize briefly the incentives, including tax

 8-9     incentives, that, at the election of the nominating body, apply to

8-10     business enterprises in the area; and

8-11                 (4)  nominate the area as a readjustment zone.

8-12           (b)  At least one of the incentives summarized under

8-13     Subsection (a)(3) must not be offered elsewhere within the

8-14     jurisdiction except within an enterprise zone designated under

8-15     Chapter 2303.

8-16           (c)  This section does not prohibit a municipality or county

8-17     from extending additional incentives, including tax incentives, for

8-18     business enterprises in a readjustment zone by a separate ordinance

8-19     or order.

8-20           Sec. 2310.105.  APPLICATION FOR DESIGNATION.  (a)  For an

8-21     area to be designated as a readjustment zone, the nominating body,

8-22     after nominating the area as a readjustment zone, must send to the

8-23     department a written application for designation of the area as a

8-24     readjustment zone.

8-25           (b)  The application must include:

 9-1                 (1)  a certified copy of the ordinance or order, as

 9-2     appropriate, nominating the area as a readjustment zone;

 9-3                 (2)  a map of the area showing existing streets and

 9-4     highways;

 9-5                 (3)  an analysis and appropriate supporting documents

 9-6     and statistics demonstrating that the area qualifies for

 9-7     designation as a readjustment zone;

 9-8                 (4)  a statement that specifies each tax incentive,

 9-9     grant, other financial incentive or benefit, or program to be

9-10     provided by the nominating body to business enterprises in the area

9-11     that is not to be provided throughout the governmental entity or

9-12     entities nominating the area as a readjustment zone;

9-13                 (5)  a statement of the economic development and

9-14     planning objectives for the area;

9-15                 (6)  an estimate of the economic impact of the

9-16     designation of the area as a readjustment zone on the revenues of

9-17     the governmental entity or entities nominating the area as a

9-18     readjustment zone, considering all the financial incentives and

9-19     benefits and the programs contemplated;

9-20                 (7)  a transcript or tape recording of all public

9-21     hearings on the proposed zone;

9-22                 (8)  if the application is a joint application, a

9-23     description and copy of the agreement between the applicants;

9-24                 (9)  the procedures for negotiating with residents,

9-25     community groups, and other entities affected by the designation of

 10-1    the area as a readjustment zone and with qualified businesses in

 10-2    the area;

 10-3                (10)  a description of the administrative authority, if

 10-4    one is to be appointed for the readjustment zone under Section

 10-5    2310.202; and

 10-6                (11)  any additional information the department

 10-7    requires.

 10-8          (c)  Information required by Subsection (b) is for evaluation

 10-9    purposes only.

10-10          Sec. 2310.106.  REVIEW OF APPLICATION.  (a)  On receipt of an

10-11    application for the designation of a readjustment zone, the

10-12    department shall review the application to determine if the

10-13    nominated area qualifies for designation as a readjustment zone

10-14    under this chapter.

10-15          (b)  The department shall allow an applicant to correct any

10-16    omission or clerical error in the application and to return the

10-17    application to the department on or before the 15th day after the

10-18    date on which the department receives the application.

10-19          Sec. 2310.107.  DESIGNATION AGREEMENT.  (a)  If the

10-20    department determines that a nominated area for which a designation

10-21    application has been received satisfies the criteria under Section

10-22    2310.101, the department shall negotiate with the nominating body

10-23    for a designation agreement.

10-24          (b)  A designation agreement must:

10-25                (1)  designate the nominated area as a readjustment

 11-1    zone; and

 11-2                (2)  designate the administrative authority, if one is

 11-3    to be appointed for the zone under Section 2310.202, and describe

 11-4    its functions and duties, which should include decision-making

 11-5    authority and the authority to negotiate with affected entities.

 11-6          (c)  The department shall complete the negotiations and sign

 11-7    the agreement not later than the 60th day after the date on which

 11-8    the application is received unless the department extends that

 11-9    period to the 90th day after the date on which the application was

11-10    received.

11-11          (d)  If an agreement is not completed within the 60-day

11-12    period provided by Subsection (c), the department shall provide to

11-13    the nominating body the specific areas of concern and a final

11-14    proposal for the agreement.

11-15          (e)  If the agreement is not executed before the 91st day

11-16    after the date on which the application was received, the

11-17    application is considered to be denied.

11-18          Sec. 2310.108.  DENIAL OF APPLICATION; NOTICE.  (a)  The

11-19    department may deny an application for the designation of a

11-20    readjustment zone only if the department determines that the

11-21    nominated area does not satisfy the criteria under Section

11-22    2310.101.

11-23          (b)  The department shall inform the nominating body of the

11-24    specific reasons for denial of an application, including denial

11-25    under Section 2310.107(e).

 12-1          Sec. 2310.109.  PERIOD OF DESIGNATION.  An area may be

 12-2    designated as a readjustment zone for a maximum of seven years.  A

 12-3    designation remains in effect until September 1 of the final year

 12-4    of the designation.

 12-5          Sec. 2310.110.  AMENDING BOUNDARIES.  (a)  The nominating

 12-6    body may amend the boundary of a readjustment zone by ordinance or

 12-7    order, as appropriate, adopted after a public hearing on the issue.

 12-8          (b)  The amended boundary:

 12-9                (1)  must be continuous;

12-10                (2)  may not exceed the original size requirement of

12-11    Section 2310.101; and

12-12                (3)  may not exclude any area originally included

12-13    within the boundary of the zone as designated.

12-14          (c)  The readjustment zone with the amended boundary must

12-15    continue to meet the location requirements of Section

12-16    2310.101(a)(4).

12-17          (d)  A nominating body may not make more than one boundary

12-18    amendment annually for a readjustment zone.

12-19          (e)  For each amendment of a readjustment zone boundary, the

12-20    nominating body shall pay the department a reasonable fee, in an

12-21    amount specified by the department, not to exceed $500.  The

12-22    department may use fees collected under this subsection to

12-23    administer this chapter and for other purposes to advance this

12-24    chapter.

12-25          Sec. 2310.111.  REMOVAL OF DESIGNATION.  (a)  The department

 13-1    may remove the designation of an area as a readjustment zone if:

 13-2                (1)  the area no longer meets the criteria for

 13-3    designation under this chapter or by department rule adopted under

 13-4    this chapter; or

 13-5                (2)  the department determines that the governing body

 13-6    of the readjustment zone has not complied with commitments made in

 13-7    the ordinance or order nominating the area as a readjustment zone.

 13-8          (b)  The removal of a designation does not affect the

 13-9    validity of a tax incentive or regulatory relief granted or accrued

13-10    before the removal.

13-11            (Sections 2310.112-2310.200 reserved for expansion

13-12            SUBCHAPTER D.  ADMINISTRATION OF READJUSTMENT ZONES

13-13          Sec. 2310.201.  ADMINISTRATION BY GOVERNING BODY. The

13-14    governing body of a readjustment zone is the governing body of the

13-15    municipality or county, or the governing bodies of the combination

13-16    of municipalities or counties, that applied to have the area

13-17    designated as a readjustment zone.

13-18          Sec. 2310.202.  ADMINISTRATION BY ADMINISTRATIVE AUTHORITY.

13-19    (a)  The governing body of a readjustment zone may delegate its

13-20    administrative duties to an administrative authority appointed by

13-21    the governing body.

13-22          (b)  An administrative authority must:

13-23                (1)  be composed of 3, 5, 7, 9, 11, or 15 members;

13-24                (2)  be a viable and responsive body generally

13-25    representative of all public or private entities that have a stake

 14-1    in the development of the zone; and

 14-2                (3)  if the readjustment zone includes private

 14-3    residences, include:

 14-4                      (A)  an elected official representing

 14-5    readjustment zone residents and businesses; or

 14-6                      (B)  at least two readjustment zone residents.

 14-7          Sec. 2310.203.  LIAISON.  The governing body of a

 14-8    readjustment zone shall designate a liaison to communicate and

 14-9    negotiate with:

14-10                (1)  the department;

14-11                (2)  the administrative authority, if one exists;

14-12                (3)  a defense readjustment project; and

14-13                (4)  other entities in or affected by the readjustment

14-14    zone.

14-15          Sec. 2310.204.  ANNUAL REPORT.  (a)  Not later than October 1

14-16    of each year, the governing body of a readjustment zone shall

14-17    submit to the department a report in the form required by the

14-18    department.

14-19          (b)  The report must be approved by the readjustment zone's

14-20    administrative authority, if one exists.

14-21          (c)  The report must include for the year preceding the date

14-22    of the report:

14-23                (1)  a list of local incentives for community

14-24    development available in the zone;

14-25                (2)  the use of local incentives for which the

 15-1    governing body provided in the ordinance or order nominating the

 15-2    readjustment zone and the effect of those incentives on revenue;

 15-3                (3)  the number of businesses assisted, located, and

 15-4    retained in the zone since its designation due to the existence of

 15-5    the readjustment zone;

 15-6                (4)  a summary of all industrial revenue bonds issued

 15-7    to finance projects located in the zone; and

 15-8                (5)  a description of all efforts made to attain

 15-9    revitalization goals for the zone.

15-10            (Sections 2310.205-2310.300 reserved for expansion

15-11              SUBCHAPTER E.  QUALIFIED BUSINESSES AND DEFENSE

15-12                           READJUSTMENT PROJECTS

15-13          Sec. 2310.301.  DEFINITION.  In this subchapter, "new

15-14    permanent job" means a new employment position created by a

15-15    qualified business as described by Section 2310.302 that:

15-16                (1)  has provided at least 1,820 hours of employment a

15-17    year to a qualified employee; and

15-18                (2)  is intended to exist during the period that the

15-19    qualified business is designated as a defense readjustment project

15-20    under Section 2310.306.

15-21          Sec. 2310.302.  QUALIFIED BUSINESS.  (a)  A person is a

15-22    qualified business if the department, for the purpose of state

15-23    benefits under this chapter, or the governing body of a

15-24    readjustment zone, for the purpose of local benefits, certifies

15-25    that:

 16-1                (1)  the person is engaged in or has provided

 16-2    substantial commitment to initiate the active conduct of a trade or

 16-3    business in the readjustment zone; and

 16-4                (2)  at least 25 percent of the person's new employees

 16-5    in the readjustment zone are:

 16-6                      (A)  residents of the governing jurisdiction;

 16-7                      (B)  economically disadvantaged individuals, as

 16-8    defined by Section 2303.402(c); or

 16-9                      (C)  dislocated defense workers.

16-10          (b)  The governing body of a readjustment zone may certify a

16-11    franchise or subsidiary of a new or existing business as a

16-12    qualified business if the franchise or subsidiary:

16-13                (1)  is located entirely in the readjustment zone; and

16-14                (2)  maintains separate books and records of the

16-15    business activity conducted in the zone.

16-16          Sec. 2310.303.  PROHIBITION ON QUALIFIED BUSINESS

16-17    CERTIFICATION.  If the department determines that the governing

16-18    body of a readjustment zone is not complying with this chapter, the

16-19    department shall prohibit the certification of a qualified business

16-20    in the zone until the department determines that the governing body

16-21    is complying with this chapter.  The department may not designate

16-22    more than two businesses in a single readjustment zone as defense

16-23    readjustment projects.

16-24          Sec. 2310.304.  REQUEST FOR APPLICATION FOR DEFENSE

16-25    READJUSTMENT PROJECT DESIGNATION.  A qualified business in a

 17-1    readjustment zone may request that the governing body of the

 17-2    readjustment zone apply to the department for designation of the

 17-3    business as a defense readjustment project.  The request must also

 17-4    be made to the readjustment zone's administrative authority, if one

 17-5    exists.

 17-6          Sec. 2310.305.  APPLICATION FOR DEFENSE READJUSTMENT PROJECT

 17-7    DESIGNATION.  (a)  If the governing body of a readjustment zone or

 17-8    the governing body and administrative authority of a readjustment

 17-9    zone, as appropriate, approve a request made under Section

17-10    2310.304, the governing body may apply to the department for the

17-11    designation of the qualified business as a defense readjustment

17-12    project.

17-13          (b)  An application must:

17-14                (1)  describe the procedures and efforts of the

17-15    governmental entity or entities that applied to have the area

17-16    designated as a readjustment zone to facilitate and encourage

17-17    participation by and negotiation among affected entities in the

17-18    zone in which the qualified business is located;

17-19                (2)  contain an economic analysis of the plans of the

17-20    qualified business for expansion, revitalization, or other activity

17-21    in the readjustment zone, including:

17-22                      (A)  the number of anticipated new permanent jobs

17-23    the business will create;

17-24                      (B)  the anticipated number of permanent jobs the

17-25    business will retain;

 18-1                      (C)  the amount of investment to be made in the

 18-2    zone; and

 18-3                      (D)  other information the department requires;

 18-4    and

 18-5                (3)  describe the local effort made by the governmental

 18-6    entity or entities that applied to have the area designated as a

 18-7    readjustment zone, the administrative authority, if one exists, the

 18-8    qualified business, and other affected entities to develop and

 18-9    revitalize the zone.

18-10          (c)  For the purposes of this section, local effort to

18-11    develop and revitalize a readjustment zone is:

18-12                (1)  the willingness of public entities in the zone to

18-13    provide services, incentives, and regulatory relief authorized by

18-14    this chapter and to negotiate with the qualified business for which

18-15    application is made and with other local groups or businesses to

18-16    achieve the public purposes of this chapter; and

18-17                (2)  the effort of the qualified business and other

18-18    affected entities to cooperate in achieving those public purposes.

18-19          (d)  Factors to be considered in evaluating the local effort

18-20    of a public entity include:

18-21                (1)  tax abatement, deferral, refunds, or other tax

18-22    incentives;

18-23                (2)  regulatory relief, including:

18-24                      (A)  zoning changes or variances;

18-25                      (B)  exemptions from unnecessary building code

 19-1    requirements, impact fees, or inspection fees; and

 19-2                      (C)  streamlined permitting;

 19-3                (3)  enhanced municipal services, including:

 19-4                      (A)  improved police and fire protection;

 19-5                      (B)  institution of community crime prevention

 19-6    programs; and

 19-7                      (C)  special public transportation routes or

 19-8    reduced fares;

 19-9                (4)  improvements in community facilities, including:

19-10                      (A)  capital improvements in water and sewer

19-11    facilities;

19-12                      (B)  road repair; and

19-13                      (C)  creation or improvement of parks;

19-14                (5)  improvements to housing, including:

19-15                      (A)  low-interest loans for housing

19-16    rehabilitation, improvement, or new construction; and

19-17                      (B)  transfer of abandoned housing to individuals

19-18    or community groups;

19-19                (6)  business and industrial development services,

19-20    including:

19-21                      (A)  low-interest loans for business;

19-22                      (B)  use of surplus school buildings or other

19-23    underutilized publicly owned facilities as small business

19-24    incubators;

19-25                      (C)  provision of publicly owned land for

 20-1    development purposes, including residential, commercial, or

 20-2    industrial development;

 20-3                      (D)  creation of special one-stop permitting and

 20-4    problem resolution centers or ombudsmen; and

 20-5                      (E)  promotion and marketing services; and

 20-6                (7)  job training and employment services, including:

 20-7                      (A)  retraining programs;

 20-8                      (B)  literacy and employment skills programs;

 20-9                      (C)  vocational education; and

20-10                      (D)  customized job training.

20-11          (e)  Factors to be considered in evaluating the local effort

20-12    of a private entity include:

20-13                (1)  the willingness to negotiate or cooperate in the

20-14    redevelopment of vacated defense facilities and the creation of

20-15    high-skilled, high wage jobs;

20-16                (2)  commitments to hire dislocated defense workers and

20-17    economically disadvantaged workers;

20-18                (3)  commitments to hire minority workers and to

20-19    contract with minority-owned businesses;

20-20                (4)  provision of technical and vocational job training

20-21    for residents of the nominating body's jurisdiction or economically

20-22    disadvantaged employees;

20-23                (5)  provision of child care for employees;

20-24                (6)  commitments to implement and contribute to a

20-25    tutoring or mentoring program for area students;

 21-1                (7)  prevention or reduction of juvenile crime; and

 21-2                (8)  the willingness to make contributions to the

 21-3    well-being of the community, such as job training, or the donation

 21-4    of land for parks or other public purposes.

 21-5          Sec. 2310.306.  DEFENSE READJUSTMENT PROJECT DESIGNATION.

 21-6    (a)  The department may designate a qualified business as a defense

 21-7    readjustment project only if the department determines that:

 21-8                (1)  the business is a qualified business under Section

 21-9    2310.302 that is located in or has made a substantial commitment to

21-10    locate in a defense readjustment zone;

21-11                (2)  the governing body of the readjustment zone making

21-12    the application has demonstrated that a high level of cooperation

21-13    exists among public, private, and neighborhood entities in the

21-14    zone; and

21-15                (3)  the designation will contribute significantly to

21-16    the achievement of the plans of the governing body making the

21-17    application for development and revitalization of the zone.

21-18          (b)  The department shall designate qualified businesses as

21-19    defense readjustment projects on a competitive basis.  The

21-20    department shall make its designation decisions using a weighted

21-21    scale in which:

21-22                (1)  50 percent of the evaluation is based on the

21-23    effect of the loss of defense expenditures and employment on the

21-24    community;

21-25                (2)  25 percent of the evaluation depends on the local

 22-1    effort to achieve development and revitalization of the

 22-2    readjustment zone; and

 22-3                (3)  25 percent of the evaluation depends on the

 22-4    evaluation criteria as determined by the department, which must

 22-5    include:

 22-6                      (A)  the level of cooperation and support the

 22-7    project applicant commits to the revitalization goals of the zone;

 22-8    and

 22-9                      (B)  the type and wage level of the jobs to be

22-10    created or retained by the business.

22-11          (c)  The department may remove a defense readjustment project

22-12    designation if it determines that the business is not complying

22-13    with a requirement for its designation.

22-14          Sec. 2310.307.  ALLOCATION OF JOBS ELIGIBLE FOR TAX REFUND.

22-15    When the department designates a business as a defense readjustment

22-16    project, the department shall allocate to the project the maximum

22-17    number of new permanent jobs or retained jobs eligible to be

22-18    included in a computation of a tax refund for the project.  The

22-19    number may not exceed 500 or a number equal to 110 percent of the

22-20    number of anticipated new permanent jobs or retained jobs specified

22-21    in the application for designation of the business as a defense

22-22    readjustment project under Section 2310.305, whichever is less.

22-23          Sec. 2310.308.  DURATION OF CERTAIN DESIGNATIONS.  The

22-24    department's designation of a qualified business as a defense

22-25    readjustment project is effective until the fifth anniversary of

 23-1    the date on which the designation is made regardless of whether the

 23-2    readjustment zone in which the project is located expires before

 23-3    the fifth anniversary of the project.

 23-4            (Sections 2310.309-2310.400 reserved for expansion

 23-5                 SUBCHAPTER F.  READJUSTMENT ZONE BENEFITS

 23-6          Sec. 2310.401.  EXEMPTIONS FROM STATE REGULATION; SUSPENSION

 23-7    OF LOCAL REGULATION.  (a)  A state agency may exempt from its

 23-8    regulation a qualified business, qualified employee, or qualified

 23-9    property in a readjustment zone if the exemption is consistent

23-10    with:

23-11                (1)  the purposes of this chapter; and

23-12                (2)  the protection and promotion of the general health

23-13    and welfare.

23-14          (b)  A local government may suspend local regulation,

23-15    including an ordinance, rule, or standard, relating to zoning,

23-16    licensing, or building codes in a readjustment zone.

23-17          (c)  An exemption from or suspension of regulation under this

23-18    section must be adopted in the same manner that the regulation was

23-19    adopted.

23-20          (d)  The authorization provided by Subsection (a) or (b) does

23-21    not apply to regulation:

23-22                (1)  that relates to:

23-23                      (A)  civil rights;

23-24                      (B)  equal employment;

23-25                      (C)  equal opportunity;

 24-1                      (D)  fair housing rights; or

 24-2                      (E)  preservation of historical sites or

 24-3    historical artifacts;

 24-4                (2)  the relaxation of which is likely to harm the

 24-5    public safety or public health, including environmental health; or

 24-6                (3)  that is specifically imposed by law.

 24-7          (e)  For the purposes of this section, property is classified

 24-8    as qualified property if the property is:

 24-9                (1)  tangible personal property located in the

24-10    readjustment zone that was acquired from the federal government by

24-11    lease or deed or:

24-12                      (A)  acquired by a taxpayer not earlier than the

24-13    90th day before the date on which the area was designated as a

24-14    readjustment zone; and

24-15                      (B)  used predominantly by the taxpayer in the

24-16    active conduct of a trade or business;

24-17                (2)  real property located in the readjustment zone

24-18    that was acquired from the federal government by lease or deed or:

24-19                      (A)  acquired by a taxpayer not earlier than the

24-20    90th day before the date on which the area was designated as a

24-21    readjustment zone and was used predominantly by the taxpayer in the

24-22    active conduct of a trade or business; or

24-23                      (B)  the principal residence of the taxpayer on

24-24    the date of the sale or exchange; or

24-25                (3)  an interest in an entity that was certified as a

 25-1    qualified business under Section 2310.302 for the entity's most

 25-2    recent tax year ending before the date of the sale or exchange.

 25-3          Sec. 2310.402.  REVIEW OF STATE AGENCY RULES; REPORT.  (a)  A

 25-4    state agency by rule may provide, when applicable, encouragements

 25-5    and incentives to increase:

 25-6                (1)  the renovation, improvement, or new construction

 25-7    of housing in readjustment zones; and

 25-8                (2)  the economic viability and profitability of

 25-9    business and commerce in readjustment zones.

25-10          (b)  The department shall disseminate the reports to the

25-11    governing bodies of readjustment zones and others as necessary to

25-12    advance the purposes of this chapter.

25-13          (c)  To contribute to the implementation of this chapter, an

25-14    agency may waive, modify, provide exemptions to, or otherwise

25-15    minimize the adverse effects of the rules it administers on the

25-16    renovation, improvement, or new construction of housing in

25-17    readjustment zones or on the economic viability and profitability

25-18    of business and commerce in readjustment zones.

25-19          Sec. 2310.403.  STATE PREFERENCES.  (a)  A state agency shall

25-20    give preference to the governing body of a readjustment zone or a

25-21    qualified business or qualified employee located in a readjustment

25-22    zone over other eligible applicants for grants, loans, or credit

25-23    enhancements that are administered by the state agency if:

25-24                (1)  at least 50 percent of the grant, loan, or credit

25-25    enhancement will be spent for the direct benefit of the

 26-1    readjustment zone; and

 26-2                (2)  the purpose of the grant, loan, or credit

 26-3    enhancement is to:

 26-4                      (A)  promote economic development in the

 26-5    community; or

 26-6                      (B)  construct, improve, extend, repair, or

 26-7    maintain public facilities in the community.

 26-8          (b)  The comptroller may and is encouraged to deposit state

 26-9    money in financial institutions located or doing business in

26-10    readjustment zones.

26-11          (c)  A state agency may and is encouraged to contract with

26-12    businesses located in readjustment zones.

26-13          (d)  The department or another state agency may give

26-14    preference to readjustment zones in granting economic development

26-15    money or other benefits.

26-16          Sec. 2310.404.  STATE TAX REFUNDS AND DEDUCTION; REPORT.

26-17    (a)  A defense readjustment project is eligible for:

26-18                (1)  a refund of state taxes under Section 151.4291,

26-19    Tax Code;

26-20                (2)  a deduction from taxable capital under Section

26-21    171.1016, Tax Code; and

26-22                (3)  the exclusion of receipts from service performed

26-23    in a readjustment zone in the determination of gross receipts from

26-24    business done in this state under Sections 171.103 and 171.1032,

26-25    Tax Code.

 27-1          (b)  Not later than the 60th day after the last day of each

 27-2    fiscal year, the comptroller shall report to the department the

 27-3    statewide total of the tax refunds made under this section during

 27-4    that fiscal year.

 27-5          Sec. 2310.405.  LOCAL SALES AND USE TAX REFUNDS.  (a)  To

 27-6    encourage the development of areas designated as readjustment

 27-7    zones, the governing body of a municipality through a program may

 27-8    refund its local sales and use taxes paid by a qualified business

 27-9    on:

27-10                (1)  the purchase, lease, or rental of equipment or

27-11    machinery for use in a readjustment zone;

27-12                (2)  the purchase of material for use in remodeling,

27-13    rehabilitating, or constructing a structure in a readjustment zone;

27-14                (3)  labor for remodeling, rehabilitating, or

27-15    constructing a structure in a readjustment zone; and

27-16                (4)  electricity and natural gas purchased and consumed

27-17    in the normal course of business in the readjustment zone.

27-18          (b)  To promote the public health, safety, or welfare, the

27-19    governing body of a municipality or county through a program may

27-20    refund its local sales and use taxes paid by a qualified business

27-21    or qualified employee.

27-22          (c)  The governing body of a municipality or county that is

27-23    the governing body of a readjustment zone may provide for the

27-24    partial or total refund of its local sales and use taxes paid by a

27-25    person making a taxable purchase, lease, or rental for development

 28-1    or revitalization in the zone.

 28-2          (d)  A person eligible for a refund of local sales and use

 28-3    taxes under this section shall pay the entire amount of state and

 28-4    local sales and use taxes at the time the taxes would be due if an

 28-5    agreement for the refund did not exist.

 28-6          (e)  An agreement to refund local sales and use taxes under

 28-7    this section must:

 28-8                (1)  be written;

 28-9                (2)  contain an expiration date; and

28-10                (3)  require that the person eligible for the refund

28-11    provide to the municipality or county making the refund the

28-12    documentation necessary to support a refund claim.

28-13          (f)  The municipality or county shall make the refund

28-14    directly to the person eligible for the refund in the manner

28-15    provided by the agreement.

28-16          Sec. 2310.406.  REDUCTION OR ELIMINATION OF LOCAL FEES OR

28-17    TAXES.  (a)  To promote the public health, safety, or welfare, the

28-18    governing body of a municipality or county through a program may

28-19    reduce or eliminate fees or taxes that it imposes on a qualified

28-20    business or qualified employee.

28-21          (b)  This section does not apply to sales and use taxes or

28-22    property taxes.

28-23          Sec. 2310.407.  TAX INCREMENT FINANCING AND ABATEMENT.

28-24    Designation of an area as a readjustment zone is also designation

28-25    of the area as a reinvestment zone for:

 29-1                (1)  tax increment financing under Chapter 311, Tax

 29-2    Code; and

 29-3                (2)  tax abatement under Chapter 312, Tax Code.

 29-4          Sec. 2310.408.  DEVELOPMENT BONDS.  To finance a project in a

 29-5    readjustment zone, bonds may be issued under:

 29-6                (1)  the Act for Development of Employment, Industrial

 29-7    and Health Resources of 1971 (Article 5190.1, Vernon's Texas Civil

 29-8    Statutes); or

 29-9                (2)  the Development Corporation Act of 1979 (Article

29-10    5190.6, Vernon's Texas Civil Statutes).

29-11          Sec. 2310.409.  OTHER LOCAL INCENTIVES.  (a)  The governing

29-12    body of a municipality or county that is the governing body of a

29-13    readjustment zone may:

29-14                (1)  defer compliance in the zone with the subdivision

29-15    and development ordinances or rules, other than those relating to

29-16    streets and roads or sewer or water services, of the municipality

29-17    or county, as appropriate;

29-18                (2)  give priority to the zone for the receipt of:

29-19                      (A)  community development block grant money;

29-20                      (B)  industrial revenue bonds; or

29-21                      (C)  funds received for job training;

29-22                (3)  adopt and implement a plan for police protection

29-23    in the zone;

29-24                (4)  amend the zoning ordinances of the municipality or

29-25    county, as appropriate, to promote economic development in the

 30-1    zone;

 30-2                (5)  establish permitting preferences for businesses in

 30-3    the zone;

 30-4                (6)  establish simplified, accelerated, or other

 30-5    special permit procedures for businesses in the zone;

 30-6                (7)  waive development fees for projects in the zone;

 30-7                (8)  create a local readjustment zone fund for funding

 30-8    bonds or other programs or activities to develop or revitalize the

 30-9    zone;

30-10                (9)  for qualified businesses in the zone, reduce rates

30-11    charged by:

30-12                      (A)  a utility owned by the municipality or

30-13    county, as appropriate; or

30-14                      (B)  a cooperative corporation or utility owned

30-15    by private investors, subject to the requirements of Subsection

30-16    (b);

30-17                (10)  in issuing housing finance bonds, give priority

30-18    to persons or projects in the zone;

30-19                (11)  in providing services, give priority to local

30-20    economic development, educational, job training, or transportation

30-21    programs that benefit the zone; or

30-22                (12)  sell real property owned by the municipality or

30-23    county, as appropriate, and located in the readjustment zone in

30-24    accordance with Section 2310.410.

30-25          (b)  A reduction in utility rates under Subsection (a)(9)(B)

 31-1    is subject to the agreement of the affected utility and the

 31-2    approval of the appropriate regulatory authority under the Public

 31-3    Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas

 31-4    Civil Statutes).  The rates may be reduced up to but not more than

 31-5    five percent below the lowest rate allowable for that customer

 31-6    class.  In making its determination under this section, the

 31-7    regulatory authority shall consider revitalization goals for the

 31-8    readjustment zone.  In setting the rates of the utility the

 31-9    appropriate regulatory authority shall allow the utility to recover

31-10    the amount of the reduction.

31-11          Sec. 2310.410.  DISPOSITION OF PUBLIC PROPERTY IN

31-12    READJUSTMENT ZONE.  (a)  After an area is designated as a

31-13    readjustment zone, the state, a municipality, or a county that owns

31-14    a surplus building or vacant land in the zone may dispose of the

31-15    building or land by:

31-16                (1)  selling the building or land at a public auction;

31-17    or

31-18                (2)  establishing an urban homestead program described

31-19    by Subsection (c).

31-20          (b)  A municipality or county may sell a surplus building or

31-21    vacant land in the readjustment zone at less than fair market value

31-22    if the governing body of the municipality or county by ordinance or

31-23    order, as appropriate, adopts criteria that specify the conditions

31-24    and circumstances under which the sale may occur and the public

31-25    purpose to be achieved by the sale.  The building or land may be

 32-1    sold to a buyer who is not the highest bidder if the criteria and

 32-2    public purpose specified in the ordinance or order are satisfied.

 32-3    A copy of the ordinance or order must be filed with the department

 32-4    not later than the day on which the sale occurs.

 32-5          (c)  An urban homestead program must provide that:

 32-6                (1)  the state, municipality, or county is to sell to

 32-7    an individual a residence or part of a residence that it owns for

 32-8    an amount not to exceed $100;

 32-9                (2)  as a condition of the sale, the individual must

32-10    agree by covenant in the deed conveying the residence to live in

32-11    the residence for at least seven years and to renovate or remodel

32-12    the residence to meet the level of maintenance stated in an

32-13    agreement between the individual and the governmental entity; and

32-14                (3)  after the individual satisfies the seven-year

32-15    residency and property improvement requirements of the agreement,

32-16    the governmental entity shall assign the residence to the

32-17    individual.

32-18          Sec. 2310.411.  WAIVER OF PERFORMANCE BOND.  A subcontractor

32-19    is not required to execute a performance bond under Chapter 2253

32-20    if:

32-21                (1)  the construction, alteration, repair, or other

32-22    public work to be performed under the contract is entirely in a

32-23    readjustment zone; and

32-24                (2)  the amount of the contract does not exceed

32-25    $200,000.

 33-1          Sec. 2310.412.  LIABILITY OF CONTRACTOR OR ARCHITECT.  A

 33-2    contractor or architect who constructs or rehabilitates a building

 33-3    in a readjustment zone is liable for any structural defect in the

 33-4    building only for the period ending on the 10th anniversary of the

 33-5    date on which beneficial occupancy of the building begins after the

 33-6    construction or rehabilitation, notwithstanding a statute of

 33-7    limitations to the contrary.

 33-8          SECTION 2.  Subchapter I, Chapter 151, Tax Code, is amended

 33-9    by adding Section 151.4291 to read as follows:

33-10          Sec. 151.4291.  TAX REFUNDS FOR DEFENSE READJUSTMENT

33-11    PROJECTS.  (a)  A defense readjustment project is eligible for a

33-12    refund in the amount provided by this section of the taxes imposed

33-13    by this chapter on purchases of:

33-14                (1)  equipment or machinery sold to a defense

33-15    readjustment project for use in a readjustment zone;

33-16                (2)  building materials sold to a defense readjustment

33-17    project for use in remodeling, rehabilitating, or constructing a

33-18    structure in a readjustment zone;

33-19                (3)  labor for remodeling, rehabilitating, or

33-20    constructing a structure by a defense readjustment project in a

33-21    readjustment zone; and

33-22                (4)  electricity and natural gas purchased and consumed

33-23    in the normal course of business in the readjustment zone.

33-24          (b)  Subject to the limitations provided by Subsection (c) of

33-25    this section, a defense readjustment project qualifies for a refund

 34-1    of taxes under this section of $2,500 for each new permanent job or

 34-2    job that has been retained by the defense readjustment project for

 34-3    a qualified employee.

 34-4          (c)  The total amount of tax refund that a defense

 34-5    readjustment project may apply for in a state fiscal year may not

 34-6    exceed $250,000.  If a defense readjustment project qualifies in a

 34-7    state fiscal year for a refund of taxes in an amount in excess of

 34-8    the limitation provided by this subsection, it may apply for a

 34-9    refund of those taxes in a subsequent year, subject to the $250,000

34-10    limitation for each year.  However, a defense readjustment project

34-11    may not apply for a refund under this section after the end of the

34-12    state fiscal year immediately following the state fiscal year in

34-13    which the defense readjustment project's designation as a defense

34-14    readjustment project expires or is removed.  The total amount that

34-15    may be refunded to a defense readjustment project under this

34-16    section may not exceed the amount determined by multiplying

34-17    $250,000 by the number of state fiscal years during which the

34-18    defense readjustment project created one or more jobs for qualified

34-19    employees.

34-20          (d)  To receive a refund under this section, a defense

34-21    readjustment project must apply to the comptroller for the refund.

34-22    The Texas Department of Commerce shall provide the comptroller with

34-23    the assistance that the comptroller requires in administering this

34-24    section.

34-25          (e)  In this section:

 35-1                (1)  "Defense readjustment project" means a person

 35-2    designated by the Texas Department of Commerce as a defense

 35-3    readjustment project under Chapter 2310, Government Code.

 35-4                (2)  "Readjustment zone" and "qualified employee"  have

 35-5    the meanings assigned to those terms by Section 2310.001,

 35-6    Government Code.

 35-7                (3)  "New permanent job" means a new employment

 35-8    position created by a qualified business as described by Section

 35-9    2310.302, Government Code, that:

35-10                      (A)  has provided at least 1,820 hours of

35-11    employment a year to a qualified employee; and

35-12                      (B)  is intended to exist during the period that

35-13    the qualified business is designated as a defense readjustment

35-14    project under Chapter 2310, Government Code.

35-15          (f)  For the purposes of Subsection (a), items bought by a

35-16    project after the date it is designated as a project, or within 90

35-17    days before the date of designation, may be considered eligible for

35-18    a refund.

35-19          (g)  The refund provided by this section is conditioned on

35-20    the defense readjustment project maintaining at least the same

35-21    level of employment of qualified employees as existed at the time

35-22    it qualified for a refund for a period of three years from that

35-23    date.  The Texas Department of Commerce shall annually certify to

35-24    the comptroller and the Legislative Budget Board whether that level

35-25    of employment of qualified employees has been maintained.  On the

 36-1    Texas Department of Commerce certifying that such a level has not

 36-2    been maintained, the comptroller shall assess that portion of the

 36-3    refund attributable to any such decrease in employment, including

 36-4    penalty and interest from the date of the refund.

 36-5          (h)  Notwithstanding Section 171.103 or 171.1032, a receipt

 36-6    from a service performed by a defense readjustment project in a

 36-7    readjustment zone is not a receipt from business done in this

 36-8    state.

 36-9          SECTION 3.  Subchapter C, Chapter 171, Tax Code, is amended

36-10    by adding Section 171.1016 to read as follows:

36-11          Sec. 171.1016.  REDUCTION OF TAXABLE CAPITAL FOR INVESTMENT

36-12    IN A READJUSTMENT ZONE.  (a)  A corporation that has been

36-13    designated as a defense readjustment project as provided by Chapter

36-14    2310, Government Code, may deduct either:

36-15                (1)  from its apportioned taxable capital, 50 percent

36-16    of its capital investment in the readjustment zone in which the

36-17    defense readjustment project is located; or

36-18                (2)  from its apportioned taxable earned surplus, five

36-19    percent of its capital investment in the readjustment zone in which

36-20    the defense readjustment project is located.  The deduction may be

36-21    taken on each franchise tax report that is based on a corporation's

36-22    fiscal year during all or part of which the corporation is a

36-23    defense readjustment project.

36-24          (b)  The deduction authorized by this section is limited to

36-25    the depreciated value of capital equipment or other investment that

 37-1    qualifies for depreciation for federal income tax purposes and that

 37-2    is placed in service in the zone after designation as a defense

 37-3    readjustment project.  The depreciated value must be computed by a

 37-4    method which is otherwise acceptable for that corporation's

 37-5    franchise tax report and must be computed for each report on which

 37-6    it is taken by the same method of depreciation.

 37-7          (c)  To qualify for the deduction authorized by this section,

 37-8    an investment must be used in the normal course of business in the

 37-9    defense readjustment zone and must not be removed from the defense

37-10    readjustment zone, except for repair or maintenance.  Qualifying

37-11    use and presence in the zone must occur during the accounting year

37-12    on which the report is based.

37-13          (d)  The deduction authorized by this section may not be used

37-14    to reduce apportioned taxable capital or apportioned taxable earned

37-15    surplus below a zero value, and no carryover of unused deductions

37-16    to a later privileged period is allowed.

37-17          (e)  A corporation may elect to make the deduction authorized

37-18    by this section either from apportioned taxable capital or

37-19    apportioned taxable earned surplus for each separate regular annual

37-20    period.  An election for an initial period applies to the second

37-21    tax period and to the first regular annual period.

37-22          (f)  In this section:

37-23                (1)  "Defense readjustment project" means a person

37-24    designated by the Texas Department of Commerce as a defense

37-25    readjustment project under Chapter 2310, Government Code.

 38-1                (2)  "Readjustment zone" has the meaning assigned to

 38-2    that term by Section 2310.001, Government Code.

 38-3          (g)  Only qualified businesses that have been certified as

 38-4    eligible for a tax deduction under this section by the Texas

 38-5    Department of Commerce to the comptroller and the Legislative

 38-6    Budget Board are entitled to the tax deduction.

 38-7          SECTION 4.  The legislature intends that the implementation

 38-8    of this Act not result in the removal of any property from the ad

 38-9    valorem taxation of any taxing entity in which the property is

38-10    located.

38-11          SECTION 5.  Before September 1, 2001, the Texas Department of

38-12    Commerce may not designate more than six defense economic

38-13    readjustment zones under Chapter 2310, Government Code, as added by

38-14    this Act.

38-15          SECTION 6.  The importance of this legislation and the

38-16    crowded condition of the calendars in both houses create an

38-17    emergency and an imperative public necessity that the

38-18    constitutional rule requiring bills to be read on three several

38-19    days in each house be suspended, and this rule is hereby suspended,

38-20    and that this Act take effect and be in force from and after its

38-21    passage, and it is so enacted.