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

1-24     authorized permanent position or a position held or occupied by one

 2-1     or more defense workers for more than 12 months.

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

 2-3     Commerce.

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

 2-5     municipality or county, or a combination of the governing bodies of

 2-6     municipalities or counties, that nominates and applies for

 2-7     designation of an area as a readjustment zone.

 2-8                 (5)  "Qualified business" means a person certified as a

 2-9     qualified business under Section 2310.302.

2-10                 (6)  "Qualified employee" means a person who:

2-11                       (A)  works for a qualified business; and

2-12                       (B)  performs at least 50 percent of the person's

2-13     service for the business in the readjustment zone.

2-14                 (7)  "Readjustment zone" means an area designated as a

2-15     defense economic readjustment zone under this chapter.

2-16           Sec. 2310.002.  JURISDICTION OF MUNICIPALITY. For the

2-17     purposes of this chapter, territory in the extraterritorial

2-18     jurisdiction of a municipality is considered to be in the

2-19     jurisdiction of the municipality.

2-20             (Sections 2310.003-2310.050 reserved for expansion

2-21        SUBCHAPTER B.  DEPARTMENT POWERS AND DUTIES RELATING TO ZONES

2-22           Sec. 2310.051.  GENERAL POWERS AND DUTIES.  (a)  The

2-23     department shall administer and monitor the implementation of this

2-24     chapter.

2-25           (b)  The department shall establish criteria and procedures

2-26     for designating a qualified area as a readjustment zone and for

2-27     designating a defense readjustment project.

 3-1           (c)  The department shall adopt rules necessary to carry out

 3-2     the purposes of this chapter.

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

 3-4     shall conduct a continuing evaluation of the programs of

 3-5     readjustment zones.

 3-6           (b)  On or before December 1 of each year, the department

 3-7     shall submit to the governor, the legislature, and the Legislative

 3-8     Budget Board a report that:

 3-9                 (1)  evaluates the effectiveness of the readjustment

3-10     zone program;

3-11                 (2)  describes the use of state and local incentives

3-12     under this chapter and their effect on revenue; and

3-13                 (3)  suggests legislation, as appropriate.

3-14           Sec. 2310.053.  ASSISTANCE.  (a)  The department shall

3-15     assist:

3-16                 (1)  a qualified business in obtaining the benefits of

3-17     any state incentive or inducement program provided by law;

3-18                 (2)  the governing body of a readjustment zone in

3-19     obtaining assistance from another state agency, including job

3-20     training and technical assistance to qualified businesses in a

3-21     zone; and

3-22                 (3)  the governing body of a readjustment zone in

3-23     encouraging small business development.

3-24           (b)  The department shall provide to persons desiring to

3-25     locate and engage in business in a readjustment zone information

3-26     and appropriate assistance relating to the required legal

3-27     authorization, including a state license, permit, certificate,

 4-1     approval, registration, or charter, to engage in business in this

 4-2     state.

 4-3           (c)  The department shall publicize existing tax incentives

 4-4     and economic development programs in readjustment zones.

 4-5           (d)  On request the department shall offer to a unit of local

 4-6     government having a readjustment zone within its jurisdiction

 4-7     technical assistance relating to tax abatement and the development

 4-8     of alternative revenue sources.

 4-9           Sec. 2310.054.  COORDINATION WITH OTHER GOVERNMENTAL

4-10     ENTITIES.  (a)  In cooperation with the appropriate units of local

4-11     government and other state agencies, the department shall

4-12     coordinate and streamline state business assistance programs and

4-13     permit or license application procedures for businesses in

4-14     readjustment zones.

4-15           (b)  The department shall work with the responsible state and

4-16     federal agencies to coordinate readjustment zone programs with

4-17     other programs carried out in a readjustment zone, including

4-18     housing, community and economic development, small business,

4-19     banking, financial assistance, transportation, and employment

4-20     training programs.

4-21           (c)  The department shall encourage other state agencies in

4-22     awarding grants, loans, or services to give priority to businesses

4-23     in readjustment zones.

4-24             (Sections 2310.055-2310.100 reserved for expansion

4-25               SUBCHAPTER C.  DESIGNATION OF READJUSTMENT ZONE

4-26           Sec. 2310.101.  CRITERIA FOR READJUSTMENT ZONE DESIGNATION.

4-27     (a)  To be designated as a readjustment zone an area must:

 5-1                 (1)  have a continuous boundary;

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

 5-3     square miles, excluding lakes, waterways, and transportation

 5-4     arteries, of the municipality, county, or combination of

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

 5-6     zone;

 5-7                 (3)  be located in an adversely affected

 5-8     defense-dependent community;

 5-9                 (4)  have at least 50 percent of its area located in an

5-10     existing or former United States Department of Defense facility;

5-11     and

5-12                 (5)  be nominated as a readjustment zone by an

5-13     ordinance or order adopted by the nominating body.

5-14           (b)  An area is not prohibited from being included in a

5-15     readjustment zone because the area is also included in an

5-16     enterprise zone designated under Chapter 2303.

5-17           Sec. 2310.102.  ADVERSELY AFFECTED DEFENSE-DEPENDENT

5-18     COMMUNITY.  A municipality or county is an adversely affected

5-19     defense-dependent community if the department determines that:

5-20                 (1)  the municipality or county requires assistance

5-21     because of:

5-22                       (A)  the proposed or actual establishment,

5-23     realignment, or closure of a defense facility;

5-24                       (B)  the cancellation or termination of a United

5-25     States Department of Defense contract or the failure of the

5-26     department of defense to proceed with an approved major weapon

5-27     system program;

 6-1                       (C)  a publicly announced planned major reduction

 6-2     in department of defense spending that would directly and adversely

 6-3     affect the municipality or county; or

 6-4                       (D)  the closure or a significant reduction of

 6-5     the operations of a defense facility as the result of a merger,

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

 6-7     facility; and

 6-8                 (2)  the municipality or county is expected to

 6-9     experience, during the period between the beginning of the federal

6-10     fiscal year during which an event described by Subdivision (1) is

6-11     finally approved and the date that the event is to be substantially

6-12     completed, a direct loss of:

6-13                       (A)  2,500 or more defense worker jobs in any

6-14     area of the  municipality or county that is located in an urbanized

6-15     area of a metropolitan statistical area;

6-16                       (B)  1,000 or more defense worker jobs in any

6-17     area of the municipality or county that is not located in an

6-18     urbanized area of a metropolitan statistical area; or

6-19                       (C)  one percent of the civilian jobs in the

6-20     municipality or county.

6-21           Sec. 2310.103.  NOMINATION OF READJUSTMENT ZONE.  (a)  The

6-22     governing body of a municipality or county that is an adversely

6-23     affected defense-dependent community, individually or in

6-24     combination with other municipalities or counties that are

6-25     adversely affected defense-dependent communities, by ordinance or

6-26     order, as appropriate, may nominate as a readjustment zone an area

6-27     within its jurisdiction that meets the criteria under Section

 7-1     2310.101.

 7-2           (b)  Unless the nominating body holds a public hearing before

 7-3     adopting an ordinance or order under this section, the ordinance or

 7-4     order is not valid.

 7-5           (c)  The governing body of a county may not nominate

 7-6     territory in a municipality, including extraterritorial

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

 7-8     readjustment zone unless the governing body of the municipality

 7-9     also nominates the territory and together with the county files a

7-10     joint application under Section 2310.105.

7-11           (d)  The governing bodies of a combination of municipalities

7-12     or counties may not jointly nominate an area as a readjustment zone

7-13     unless the governing bodies have entered into a binding agreement

7-14     to administer the zone jointly.

7-15           Sec. 2310.104.  NOMINATING ORDINANCE OR ORDER.  (a)  An

7-16     ordinance or order nominating an area as a readjustment zone must:

7-17                 (1)  describe precisely the area to be included in the

7-18     zone by a legal description or reference to roadways, lakes,

7-19     waterways, or municipal or county boundaries;

7-20                 (2)  state a finding that the area meets the

7-21     requirements of this chapter;

7-22                 (3)  summarize briefly the incentives, including tax

7-23     incentives, that, at the election of the nominating body, apply to

7-24     business enterprises in the area; and

7-25                 (4)  nominate the area as a readjustment zone.

7-26           (b)  At least one of the incentives summarized under

7-27     Subsection (a)(3) must not be offered elsewhere within the

 8-1     jurisdiction except within an enterprise zone designated under

 8-2     Chapter 2303.

 8-3           (c)  This section does not prohibit a municipality or county

 8-4     from extending additional incentives, including tax incentives, for

 8-5     business enterprises in a readjustment zone by a separate ordinance

 8-6     or order.

 8-7           Sec. 2310.105.  APPLICATION FOR DESIGNATION.  (a)  For an

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

 8-9     after nominating the area as a readjustment zone, must send to the

8-10     department a written application for designation of the area as a

8-11     readjustment zone.

8-12           (b)  The application must include:

8-13                 (1)  a certified copy of the ordinance or order, as

8-14     appropriate, nominating the area as a readjustment zone;

8-15                 (2)  a map of the area showing existing streets and

8-16     highways;

8-17                 (3)  an analysis and appropriate supporting documents

8-18     and statistics demonstrating that the area qualifies for

8-19     designation as a readjustment zone;

8-20                 (4)  a statement that specifies each tax incentive,

8-21     grant, other financial incentive or benefit, or program to be

8-22     provided by the nominating body to business enterprises in the area

8-23     that is not to be provided throughout the governmental entity or

8-24     entities nominating the area as a readjustment zone;

8-25                 (5)  a statement of the economic development and

8-26     planning objectives for the area;

8-27                 (6)  an estimate of the economic impact of the

 9-1     designation of the area as a readjustment zone on the revenues of

 9-2     the governmental entity or entities nominating the area as a

 9-3     readjustment zone, considering all the financial incentives and

 9-4     benefits and the programs contemplated;

 9-5                 (7)  a transcript or tape recording of all public

 9-6     hearings on the proposed zone;

 9-7                 (8)  if the application is a joint application, a

 9-8     description and copy of the agreement between the applicants;

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

9-10     community groups, and other entities affected by the designation of

9-11     the area as a readjustment zone and with qualified businesses in

9-12     the area;

9-13                 (10)  a description of the administrative authority, if

9-14     one is to be appointed for the readjustment zone under Section

9-15     2310.202; and

9-16                 (11)  any additional information the department

9-17     requires.

9-18           (c)  Information required by Subsection (b) is for evaluation

9-19     purposes only.

9-20           Sec. 2310.106.  REVIEW OF APPLICATION.  (a)  On receipt of an

9-21     application for the designation of a readjustment zone, the

9-22     department shall review the application to determine if the

9-23     nominated area qualifies for designation as a readjustment zone

9-24     under this chapter.

9-25           (b)  The department shall allow an applicant to correct any

9-26     omission or clerical error in the application and to return the

9-27     application to the department on or before the 15th day after the

 10-1    date on which the department receives the application.

 10-2          Sec. 2310.107.  DESIGNATION AGREEMENT.  (a)  If the

 10-3    department determines that a nominated area for which a designation

 10-4    application has been received satisfies the criteria under Section

 10-5    2310.101, the department shall negotiate with the nominating body

 10-6    for a designation agreement.

 10-7          (b)  A designation agreement must:

 10-8                (1)  designate the nominated area as a readjustment

 10-9    zone; and

10-10                (2)  designate the administrative authority, if one is

10-11    to be appointed for the zone under Section 2310.202, and describe

10-12    its functions and duties, which should include decision-making

10-13    authority and the authority to negotiate with affected entities.

10-14          (c)  The department shall complete the negotiations and sign

10-15    the agreement not later than the 60th day after the date on which

10-16    the application is received unless the department extends that

10-17    period to the 90th day after the date on which the application was

10-18    received.

10-19          (d)  If an agreement is not completed within the 60-day

10-20    period provided by Subsection (c), the department shall provide to

10-21    the nominating body the specific areas of concern and a final

10-22    proposal for the agreement.

10-23          (e)  If the agreement is not executed before the 91st day

10-24    after the date on which the application was received, the

10-25    application is considered to be denied.

10-26          Sec. 2310.108.  DENIAL OF APPLICATION; NOTICE.  (a)  The

10-27    department may deny an application for the designation of a

 11-1    readjustment zone only if the department determines that the

 11-2    nominated area does not satisfy the criteria under Section

 11-3    2310.101.

 11-4          (b)  The department shall inform the nominating body of the

 11-5    specific reasons for denial of an application, including denial

 11-6    under Section 2310.107(e).

 11-7          Sec. 2310.109.  PERIOD OF DESIGNATION.  An area may be

 11-8    designated as a readjustment zone for a maximum of seven years.  A

 11-9    designation remains in effect until September 1 of the final year

11-10    of the designation.

11-11          Sec. 2310.110.  AMENDING BOUNDARIES.  (a)  The nominating

11-12    body may amend the boundary of a readjustment zone by ordinance or

11-13    order, as appropriate, adopted after a public hearing on the issue.

11-14          (b)  The amended boundary:

11-15                (1)  must be continuous;

11-16                (2)  may not exceed the original size requirement of

11-17    Section 2310.101; and

11-18                (3)  may not exclude any area originally included

11-19    within the boundary of the zone as designated.

11-20          (c)  The readjustment zone with the amended boundary must

11-21    continue to meet the location requirements of Section

11-22    2310.101(a)(4).

11-23          (d)  A nominating body may not make more than one boundary

11-24    amendment annually for a readjustment zone.

11-25          (e)  For each amendment of a readjustment zone boundary, the

11-26    nominating body shall pay the department a reasonable fee, in an

11-27    amount specified by the department, not to exceed $500.  The

 12-1    department may use fees collected under this subsection to

 12-2    administer this chapter and for other purposes to advance this

 12-3    chapter.

 12-4          Sec. 2310.111.  REMOVAL OF DESIGNATION.  (a)  The department

 12-5    may remove the designation of an area as a readjustment zone if:

 12-6                (1)  the area no longer meets the criteria for

 12-7    designation under this chapter or by department rule adopted under

 12-8    this chapter; or

 12-9                (2)  the department determines that the governing body

12-10    of the readjustment zone has not complied with commitments made in

12-11    the ordinance or order nominating the area as a readjustment zone.

12-12          (b)  The removal of a designation does not affect the

12-13    validity of a tax incentive or regulatory relief granted or accrued

12-14    before the removal.

12-15            (Sections 2310.112-2310.200 reserved for expansion

12-16            SUBCHAPTER D.  ADMINISTRATION OF READJUSTMENT ZONES

12-17          Sec. 2310.201.  ADMINISTRATION BY GOVERNING BODY. The

12-18    governing body of a readjustment zone is the governing body of the

12-19    municipality or county, or the governing bodies of the combination

12-20    of municipalities or counties, that applied to have the area

12-21    designated as a readjustment zone.

12-22          Sec. 2310.202.  ADMINISTRATION BY ADMINISTRATIVE AUTHORITY.

12-23    (a)  The governing body of a readjustment zone may delegate its

12-24    administrative duties to an administrative authority appointed by

12-25    the governing body.

12-26          (b)  An administrative authority must:

12-27                (1)  be composed of 3, 5, 7, 9, 11, or 15 members;

 13-1                (2)  be a viable and responsive body generally

 13-2    representative of all public or private entities that have a stake

 13-3    in the development of the zone; and

 13-4                (3)  if the readjustment zone includes private

 13-5    residences, include:

 13-6                      (A)  an elected official representing

 13-7    readjustment zone residents and businesses; or

 13-8                      (B)  at least two readjustment zone residents.

 13-9          Sec. 2310.203.  LIAISON.  The governing body of a

13-10    readjustment zone shall designate a liaison to communicate and

13-11    negotiate with:

13-12                (1)  the department;

13-13                (2)  the administrative authority, if one exists;

13-14                (3)  a defense readjustment project; and

13-15                (4)  other entities in or affected by the readjustment

13-16    zone.

13-17          Sec. 2310.204.  ANNUAL REPORT.  (a)  Not later than October 1

13-18    of each year, the governing body of a readjustment zone shall

13-19    submit to the department a report in the form required by the

13-20    department.

13-21          (b)  The report must be approved by the readjustment zone's

13-22    administrative authority, if one exists.

13-23          (c)  The report must include for the year preceding the date

13-24    of the report:

13-25                (1)  a list of local incentives for community

13-26    development available in the zone;

13-27                (2)  the use of local incentives for which the

 14-1    governing body provided in the ordinance or order nominating the

 14-2    readjustment zone and the effect of those incentives on revenue;

 14-3                (3)  the number of businesses assisted, located, and

 14-4    retained in the zone since its designation due to the existence of

 14-5    the readjustment zone;

 14-6                (4)  a summary of all industrial revenue bonds issued

 14-7    to finance projects located in the zone; and

 14-8                (5)  a description of all efforts made to attain

 14-9    revitalization goals for the zone.

14-10            (Sections 2310.205-2310.300 reserved for expansion

14-11              SUBCHAPTER E.  QUALIFIED BUSINESSES AND DEFENSE

14-12                           READJUSTMENT PROJECTS

14-13          Sec. 2310.301.  DEFINITION.  In this subchapter, "new

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

14-15    qualified business as described by Section 2310.302 that:

14-16                (1)  has provided at least 1,820 hours of employment a

14-17    year to a qualified employee; and

14-18                (2)  is intended to exist during the period that the

14-19    qualified business is designated as a defense readjustment project

14-20    under Section 2310.306.

14-21          Sec. 2310.302.  QUALIFIED BUSINESS.  (a)  A person is a

14-22    qualified business if the department, for the purpose of state

14-23    benefits under this chapter, or the governing body of a

14-24    readjustment zone, for the purpose of local benefits, certifies

14-25    that:

14-26                (1)  the person is engaged in or has provided

14-27    substantial commitment to initiate the active conduct of a trade or

 15-1    business in the readjustment zone; and

 15-2                (2)  at least 25 percent of the person's new employees

 15-3    in the readjustment zone are:

 15-4                      (A)  residents of the governing jurisdiction;

 15-5                      (B)  economically disadvantaged individuals, as

 15-6    defined by Section 2303.402(c); or

 15-7                      (C)  dislocated defense workers.

 15-8          (b)  The governing body of a readjustment zone may certify a

 15-9    franchise or subsidiary of a new or existing business as a

15-10    qualified business if the franchise or subsidiary:

15-11                (1)  is located entirely in the readjustment zone; and

15-12                (2)  maintains separate books and records of the

15-13    business activity conducted in the zone.

15-14          Sec. 2310.303.  PROHIBITION ON QUALIFIED BUSINESS

15-15    CERTIFICATION.  If the department determines that the governing

15-16    body of a readjustment zone is not complying with this chapter, the

15-17    department shall prohibit the certification of a qualified business

15-18    in the zone until the department determines that the governing body

15-19    is complying with this chapter.  The department may not designate

15-20    more than two businesses in a single readjustment zone as defense

15-21    readjustment projects.

15-22          Sec. 2310.304.  REQUEST FOR APPLICATION FOR DEFENSE

15-23    READJUSTMENT PROJECT DESIGNATION.  A qualified business in a

15-24    readjustment zone may request that the governing body of the

15-25    readjustment zone apply to the department for designation of the

15-26    business as a defense readjustment project.  The request must also

15-27    be made to the readjustment zone's administrative authority, if one

 16-1    exists.

 16-2          Sec. 2310.305.  APPLICATION FOR DEFENSE READJUSTMENT PROJECT

 16-3    DESIGNATION.  (a)  If the governing body of a readjustment zone or

 16-4    the governing body and administrative authority of a readjustment

 16-5    zone, as appropriate, approve a request made under Section

 16-6    2310.304, the governing body may apply to the department for the

 16-7    designation of the qualified business as a defense readjustment

 16-8    project.

 16-9          (b)  An application must:

16-10                (1)  describe the procedures and efforts of the

16-11    governmental entity or entities that applied to have the area

16-12    designated as a readjustment zone to facilitate and encourage

16-13    participation by and negotiation among affected entities in the

16-14    zone in which the qualified business is located;

16-15                (2)  contain an economic analysis of the plans of the

16-16    qualified business for expansion, revitalization, or other activity

16-17    in the readjustment zone, including:

16-18                      (A)  the number of anticipated new permanent jobs

16-19    the business will create;

16-20                      (B)  the anticipated number of permanent jobs the

16-21    business will retain;

16-22                      (C)  the amount of investment to be made in the

16-23    zone; and

16-24                      (D)  other information the department requires;

16-25    and

16-26                (3)  describe the local effort made by the governmental

16-27    entity or entities that applied to have the area designated as a

 17-1    readjustment zone, the administrative authority, if one exists, the

 17-2    qualified business, and other affected entities to develop and

 17-3    revitalize the zone.

 17-4          (c)  For the purposes of this section, local effort to

 17-5    develop and revitalize a readjustment zone is:

 17-6                (1)  the willingness of public entities in the zone to

 17-7    provide services, incentives, and regulatory relief authorized by

 17-8    this chapter and to negotiate with the qualified business for which

 17-9    application is made and with other local groups or businesses to

17-10    achieve the public purposes of this chapter; and

17-11                (2)  the effort of the qualified business and other

17-12    affected entities to cooperate in achieving those public purposes.

17-13          (d)  Factors to be considered in evaluating the local effort

17-14    of a public entity include:

17-15                (1)  tax abatement, deferral, refunds, or other tax

17-16    incentives;

17-17                (2)  regulatory relief, including:

17-18                      (A)  zoning changes or variances;

17-19                      (B)  exemptions from unnecessary building code

17-20    requirements, impact fees, or inspection fees; and

17-21                      (C)  streamlined permitting;

17-22                (3)  enhanced municipal services, including:

17-23                      (A)  improved police and fire protection;

17-24                      (B)  institution of community crime prevention

17-25    programs; and

17-26                      (C)  special public transportation routes or

17-27    reduced fares;

 18-1                (4)  improvements in community facilities, including:

 18-2                      (A)  capital improvements in water and sewer

 18-3    facilities;

 18-4                      (B)  road repair; and

 18-5                      (C)  creation or improvement of parks;

 18-6                (5)  improvements to housing, including:

 18-7                      (A)  low-interest loans for housing

 18-8    rehabilitation, improvement, or new construction; and

 18-9                      (B)  transfer of abandoned housing to individuals

18-10    or community groups;

18-11                (6)  business and industrial development services,

18-12    including:

18-13                      (A)  low-interest loans for business;

18-14                      (B)  use of surplus school buildings or other

18-15    underutilized publicly owned facilities as small business

18-16    incubators;

18-17                      (C)  provision of publicly owned land for

18-18    development purposes, including residential, commercial, or

18-19    industrial development;

18-20                      (D)  creation of special one-stop permitting and

18-21    problem resolution centers or ombudsmen; and

18-22                      (E)  promotion and marketing services; and

18-23                (7)  job training and employment services, including:

18-24                      (A)  retraining programs;

18-25                      (B)  literacy and employment skills programs;

18-26                      (C)  vocational education; and

18-27                      (D)  customized job training.

 19-1          (e)  Factors to be considered in evaluating the local effort

 19-2    of a private entity include:

 19-3                (1)  the willingness to negotiate or cooperate in the

 19-4    redevelopment of vacated defense facilities and the creation of

 19-5    high-skilled, high wage jobs;

 19-6                (2)  commitments to hire dislocated defense workers and

 19-7    economically disadvantaged workers;

 19-8                (3)  commitments to hire minority workers and to

 19-9    contract with minority-owned businesses;

19-10                (4)  provision of technical and vocational job training

19-11    for residents of the nominating body's jurisdiction or economically

19-12    disadvantaged employees;

19-13                (5)  provision of child care for employees;

19-14                (6)  commitments to implement and contribute to a

19-15    tutoring or mentoring program for area students;

19-16                (7)  prevention or reduction of juvenile crime; and

19-17                (8)  the willingness to make contributions to the

19-18    well-being of the community, such as job training, or the donation

19-19    of land for parks or other public purposes.

19-20          Sec. 2310.306.  DEFENSE READJUSTMENT PROJECT DESIGNATION.

19-21    (a)  The department may designate a qualified business as a defense

19-22    readjustment project only if the department determines that:

19-23                (1)  the business is a qualified business under Section

19-24    2310.302 that is located in or has made a substantial commitment to

19-25    locate in a defense readjustment zone;

19-26                (2)  the governing body of the readjustment zone making

19-27    the application has demonstrated that a high level of cooperation

 20-1    exists among public, private, and neighborhood entities in the

 20-2    zone; and

 20-3                (3)  the designation will contribute significantly to

 20-4    the achievement of the plans of the governing body making the

 20-5    application for development and revitalization of the zone.

 20-6          (b)  The department shall designate qualified businesses as

 20-7    defense readjustment projects on a competitive basis.  The

 20-8    department shall make its designation decisions using a weighted

 20-9    scale in which:

20-10                (1)  50 percent of the evaluation is based on the

20-11    effect of the loss of defense expenditures and employment on the

20-12    community;

20-13                (2)  25 percent of the evaluation depends on the local

20-14    effort to achieve development and revitalization of the

20-15    readjustment zone; and

20-16                (3)  25 percent of the evaluation depends on the

20-17    evaluation criteria as determined by the department, which must

20-18    include:

20-19                      (A)  the level of cooperation and support the

20-20    project applicant commits to the revitalization goals of the zone;

20-21    and

20-22                      (B)  the type and wage level of the jobs to be

20-23    created or retained by the business.

20-24          (c)  The department may remove a defense readjustment project

20-25    designation if it determines that the business is not complying

20-26    with a requirement for its designation.

20-27          Sec. 2310.307.  ALLOCATION OF JOBS ELIGIBLE FOR TAX REFUND.

 21-1    When the department designates a business as a defense readjustment

 21-2    project, the department shall allocate to the project the maximum

 21-3    number of new permanent jobs or retained jobs eligible to be

 21-4    included in a computation of a tax refund for the project.  The

 21-5    number may not exceed 500 or a number equal to 110 percent of the

 21-6    number of anticipated new permanent jobs or retained jobs specified

 21-7    in the application for designation of the business as a defense

 21-8    readjustment project under Section 2310.305, whichever is less.

 21-9          Sec. 2310.308.  DURATION OF CERTAIN DESIGNATIONS.  The

21-10    department's designation of a qualified business as a defense

21-11    readjustment project is effective until the fifth anniversary of

21-12    the date on which the designation is made regardless of whether the

21-13    readjustment zone in which the project is located expires before

21-14    the fifth anniversary of the project.

21-15            (Sections 2310.309-2310.400 reserved for expansion

21-16                 SUBCHAPTER F.  READJUSTMENT ZONE BENEFITS

21-17          Sec. 2310.401.  EXEMPTIONS FROM STATE REGULATION; SUSPENSION

21-18    OF LOCAL REGULATION.  (a)  A state agency may exempt from its

21-19    regulation a qualified business, qualified employee, or qualified

21-20    property in a readjustment zone if the exemption is consistent

21-21    with:

21-22                (1)  the purposes of this chapter; and

21-23                (2)  the protection and promotion of the general health

21-24    and welfare.

21-25          (b)  A local government may suspend local regulation,

21-26    including an ordinance, rule, or standard, relating to zoning,

21-27    licensing, or building codes in a readjustment zone.

 22-1          (c)  An exemption from or suspension of regulation under this

 22-2    section must be adopted in the same manner that the regulation was

 22-3    adopted.

 22-4          (d)  The authorization provided by Subsection (a) or (b) does

 22-5    not apply to regulation:

 22-6                (1)  that relates to:

 22-7                      (A)  civil rights;

 22-8                      (B)  equal employment;

 22-9                      (C)  equal opportunity;

22-10                      (D)  fair housing rights; or

22-11                      (E)  preservation of historical sites or

22-12    historical artifacts;

22-13                (2)  the relaxation of which is likely to harm the

22-14    public safety or public health, including environmental health; or

22-15                (3)  that is specifically imposed by law.

22-16          (e)  For the purposes of this section, property is classified

22-17    as qualified property if the property is:

22-18                (1)  tangible personal property located in the

22-19    readjustment zone that was acquired from the federal government by

22-20    lease or deed or:

22-21                      (A)  acquired by a taxpayer not earlier than the

22-22    90th day before the date on which the area was designated as a

22-23    readjustment zone; and

22-24                      (B)  used predominantly by the taxpayer in the

22-25    active conduct of a trade or business;

22-26                (2)  real property located in the readjustment zone

22-27    that was acquired from the federal government by lease or deed or:

 23-1                      (A)  acquired by a taxpayer not earlier than the

 23-2    90th day before the date on which the area was designated as a

 23-3    readjustment zone and was used predominantly by the taxpayer in the

 23-4    active conduct of a trade or business; or

 23-5                      (B)  the principal residence of the taxpayer on

 23-6    the date of the sale or exchange; or

 23-7                (3)  an interest in an entity that was certified as a

 23-8    qualified business under Section 2310.302 for the entity's most

 23-9    recent tax year ending before the date of the sale or exchange.

23-10          Sec. 2310.402.  REVIEW OF STATE AGENCY RULES; REPORT.  (a)  A

23-11    state agency by rule may provide, when applicable, encouragements

23-12    and incentives to increase:

23-13                (1)  the renovation, improvement, or new construction

23-14    of housing in readjustment zones; and

23-15                (2)  the economic viability and profitability of

23-16    business and commerce in readjustment zones.

23-17          (b)  The department shall disseminate the reports to the

23-18    governing bodies of readjustment zones and others as necessary to

23-19    advance the purposes of this chapter.

23-20          (c)  To contribute to the implementation of this chapter, an

23-21    agency may waive, modify, provide exemptions to, or otherwise

23-22    minimize the adverse effects of the rules it administers on the

23-23    renovation, improvement, or new construction of housing in

23-24    readjustment zones or on the economic viability and profitability

23-25    of business and commerce in readjustment zones.

23-26          Sec. 2310.403.  STATE PREFERENCES.  (a)  A state agency shall

23-27    give preference to the governing body of a readjustment zone or a

 24-1    qualified business or qualified employee located in a readjustment

 24-2    zone over other eligible applicants for grants, loans, or credit

 24-3    enhancements that are administered by the state agency if:

 24-4                (1)  at least 50 percent of the grant, loan, or credit

 24-5    enhancement will be spent for the direct benefit of the

 24-6    readjustment zone; and

 24-7                (2)  the purpose of the grant, loan, or credit

 24-8    enhancement is to:

 24-9                      (A)  promote economic development in the

24-10    community; or

24-11                      (B)  construct, improve, extend, repair, or

24-12    maintain public facilities in the community.

24-13          (b)  The comptroller may and is encouraged to deposit state

24-14    money in financial institutions located or doing business in

24-15    readjustment zones.

24-16          (c)  A state agency may and is encouraged to contract with

24-17    businesses located in readjustment zones.

24-18          (d)  The department or another state agency may give

24-19    preference to readjustment zones in granting economic development

24-20    money or other benefits.

24-21          Sec. 2310.404.  STATE TAX REFUNDS AND DEDUCTION; REPORT.

24-22    (a)  A defense readjustment project is eligible for:

24-23                (1)  a refund of state taxes under Section 151.4291,

24-24    Tax Code;

24-25                (2)  a deduction from taxable capital under Section

24-26    171.1016, Tax Code; and

24-27                (3)  the exclusion of receipts from service performed

 25-1    in a readjustment zone in the determination of gross receipts from

 25-2    business done in this state under Sections 171.103 and 171.1032,

 25-3    Tax Code.

 25-4          (b)  Not later than the 60th day after the last day of each

 25-5    fiscal year, the comptroller shall report to the department the

 25-6    statewide total of the tax refunds made under this section during

 25-7    that fiscal year.

 25-8          Sec. 2310.405.  LOCAL SALES AND USE TAX REFUNDS.  (a)  To

 25-9    encourage the development of areas designated as readjustment

25-10    zones, the governing body of a municipality through a program may

25-11    refund its local sales and use taxes paid by a qualified business

25-12    on:

25-13                (1)  the purchase, lease, or rental of equipment or

25-14    machinery for use in a readjustment zone;

25-15                (2)  the purchase of material for use in remodeling,

25-16    rehabilitating, or constructing a structure in a readjustment zone;

25-17                (3)  labor for remodeling, rehabilitating, or

25-18    constructing a structure in a readjustment zone; and

25-19                (4)  electricity and natural gas purchased and consumed

25-20    in the normal course of business in the readjustment zone.

25-21          (b)  To promote the public health, safety, or welfare, the

25-22    governing body of a municipality or county through a program may

25-23    refund its local sales and use taxes paid by a qualified business

25-24    or qualified employee.

25-25          (c)  The governing body of a municipality or county that is

25-26    the governing body of a readjustment zone may provide for the

25-27    partial or total refund of its local sales and use taxes paid by a

 26-1    person making a taxable purchase, lease, or rental for development

 26-2    or revitalization in the zone.

 26-3          (d)  A person eligible for a refund of local sales and use

 26-4    taxes under this section shall pay the entire amount of state and

 26-5    local sales and use taxes at the time the taxes would be due if an

 26-6    agreement for the refund did not exist.

 26-7          (e)  An agreement to refund local sales and use taxes under

 26-8    this section must:

 26-9                (1)  be written;

26-10                (2)  contain an expiration date; and

26-11                (3)  require that the person eligible for the refund

26-12    provide to the municipality or county making the refund the

26-13    documentation necessary to support a refund claim.

26-14          (f)  The municipality or county shall make the refund

26-15    directly to the person eligible for the refund in the manner

26-16    provided by the agreement.

26-17          Sec. 2310.406.  REDUCTION OR ELIMINATION OF LOCAL FEES OR

26-18    TAXES.  (a)  To promote the public health, safety, or welfare, the

26-19    governing body of a municipality or county through a program may

26-20    reduce or eliminate fees or taxes that it imposes on a qualified

26-21    business or qualified employee.

26-22          (b)  This section does not apply to sales and use taxes or

26-23    property taxes.

26-24          Sec. 2310.407.  TAX INCREMENT FINANCING AND ABATEMENT.

26-25    Designation of an area as a readjustment zone is also designation

26-26    of the area as a reinvestment zone for:

26-27                (1)  tax increment financing under Chapter 311, Tax

 27-1    Code; and

 27-2                (2)  tax abatement under Chapter 312, Tax Code.

 27-3          Sec. 2310.408.  DEVELOPMENT BONDS.  To finance a project in a

 27-4    readjustment zone, bonds may be issued under:

 27-5                (1)  the Act for Development of Employment, Industrial

 27-6    and Health Resources of 1971 (Article 5190.1, Vernon's Texas Civil

 27-7    Statutes); or

 27-8                (2)  the Development Corporation Act of 1979 (Article

 27-9    5190.6, Vernon's Texas Civil Statutes).

27-10          Sec. 2310.409.  OTHER LOCAL INCENTIVES.  (a)  The governing

27-11    body of a municipality or county that is the governing body of a

27-12    readjustment zone may:

27-13                (1)  defer compliance in the zone with the subdivision

27-14    and development ordinances or rules, other than those relating to

27-15    streets and roads or sewer or water services, of the municipality

27-16    or county, as appropriate;

27-17                (2)  give priority to the zone for the receipt of:

27-18                      (A)  community development block grant money;

27-19                      (B)  industrial revenue bonds; or

27-20                      (C)  funds received for job training;

27-21                (3)  adopt and implement a plan for police protection

27-22    in the zone;

27-23                (4)  amend the zoning ordinances of the municipality or

27-24    county, as appropriate, to promote economic development in the

27-25    zone;

27-26                (5)  establish permitting preferences for businesses in

27-27    the zone;

 28-1                (6)  establish simplified, accelerated, or other

 28-2    special permit procedures for businesses in the zone;

 28-3                (7)  waive development fees for projects in the zone;

 28-4                (8)  create a local readjustment zone fund for funding

 28-5    bonds or other programs or activities to develop or revitalize the

 28-6    zone;

 28-7                (9)  for qualified businesses in the zone, reduce rates

 28-8    charged by:

 28-9                      (A)  a utility owned by the municipality or

28-10    county, as appropriate; or

28-11                      (B)  a cooperative corporation or utility owned

28-12    by private investors, subject to the requirements of Subsection

28-13    (b);

28-14                (10)  in issuing housing finance bonds, give priority

28-15    to persons or projects in the zone;

28-16                (11)  in providing services, give priority to local

28-17    economic development, educational, job training, or transportation

28-18    programs that benefit the zone; or

28-19                (12)  sell real property owned by the municipality or

28-20    county, as appropriate, and located in the readjustment zone in

28-21    accordance with Section 2310.410.

28-22          (b)  A reduction in utility rates under Subsection (a)(9)(B)

28-23    is subject to the agreement of the affected utility and the

28-24    approval of the appropriate regulatory authority under the Public

28-25    Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas

28-26    Civil Statutes).  The rates may be reduced up to but not more than

28-27    five percent below the lowest rate allowable for that customer

 29-1    class.  In making its determination under this section, the

 29-2    regulatory authority shall consider revitalization goals for the

 29-3    readjustment zone.  In setting the rates of the utility the

 29-4    appropriate regulatory authority shall allow the utility to recover

 29-5    the amount of the reduction.

 29-6          Sec. 2310.410.  DISPOSITION OF PUBLIC PROPERTY IN

 29-7    READJUSTMENT ZONE.  (a)  After an area is designated as a

 29-8    readjustment zone, the state, a municipality, or a county that owns

 29-9    a surplus building or vacant land in the zone may dispose of the

29-10    building or land by:

29-11                (1)  selling the building or land at a public auction;

29-12    or

29-13                (2)  establishing an urban homestead program described

29-14    by Subsection (c).

29-15          (b)  A municipality or county may sell a surplus building or

29-16    vacant land in the readjustment zone at less than fair market value

29-17    if the governing body of the municipality or county by ordinance or

29-18    order, as appropriate, adopts criteria that specify the conditions

29-19    and circumstances under which the sale may occur and the public

29-20    purpose to be achieved by the sale.  The building or land may be

29-21    sold to a buyer who is not the highest bidder if the criteria and

29-22    public purpose specified in the ordinance or order are satisfied.

29-23    A copy of the ordinance or order must be filed with the department

29-24    not later than the day on which the sale occurs.

29-25          (c)  An urban homestead program must provide that:

29-26                (1)  the state, municipality, or county is to sell to

29-27    an individual a residence or part of a residence that it owns for

 30-1    an amount not to exceed $100;

 30-2                (2)  as a condition of the sale, the individual must

 30-3    agree by covenant in the deed conveying the residence to live in

 30-4    the residence for at least seven years and to renovate or remodel

 30-5    the residence to meet the level of maintenance stated in an

 30-6    agreement between the individual and the governmental entity; and

 30-7                (3)  after the individual satisfies the seven-year

 30-8    residency and property improvement requirements of the agreement,

 30-9    the governmental entity shall assign the residence to the

30-10    individual.

30-11          Sec. 2310.411.  WAIVER OF PERFORMANCE BOND.  A subcontractor

30-12    is not required to execute a performance bond under Chapter 2253

30-13    if:

30-14                (1)  the construction, alteration, repair, or other

30-15    public work to be performed under the contract is entirely in a

30-16    readjustment zone; and

30-17                (2)  the amount of the contract does not exceed

30-18    $200,000.

30-19          Sec. 2310.412.  LIABILITY OF CONTRACTOR OR ARCHITECT.  A

30-20    contractor or architect who constructs or rehabilitates a building

30-21    in a readjustment zone is liable for any structural defect in the

30-22    building only for the period ending on the 10th anniversary of the

30-23    date on which beneficial occupancy of the building begins after the

30-24    construction or rehabilitation, notwithstanding a statute of

30-25    limitations to the contrary.

30-26          SECTION 2.  Subchapter I, Chapter 151, Tax Code, is amended

30-27    by adding Section 151.4291 to read as follows:

 31-1          Sec. 151.4291.  TAX REFUNDS FOR DEFENSE READJUSTMENT

 31-2    PROJECTS.  (a)  A defense readjustment project is eligible for a

 31-3    refund in the amount provided by this section of the taxes imposed

 31-4    by this chapter on purchases of:

 31-5                (1)  equipment or machinery sold to a defense

 31-6    readjustment project for use in a readjustment zone;

 31-7                (2)  building materials sold to a defense readjustment

 31-8    project for use in remodeling, rehabilitating, or constructing a

 31-9    structure in a readjustment zone;

31-10                (3)  labor for remodeling, rehabilitating, or

31-11    constructing a structure by a defense readjustment project in a

31-12    readjustment zone; and

31-13                (4)  electricity and natural gas purchased and consumed

31-14    in the normal course of business in the readjustment zone.

31-15          (b)  Subject to the limitations provided by Subsection (c) of

31-16    this section, a defense readjustment project qualifies for a refund

31-17    of taxes under this section of $2,500 for each new permanent job or

31-18    job that has been retained by the defense readjustment project for

31-19    a qualified employee.

31-20          (c)  The total amount of tax refund that a defense

31-21    readjustment project may apply for in a state fiscal year may not

31-22    exceed $250,000.  If a defense readjustment project qualifies in a

31-23    state fiscal year for a refund of taxes in an amount in excess of

31-24    the limitation provided by this subsection, it may apply for a

31-25    refund of those taxes in a subsequent year, subject to the $250,000

31-26    limitation for each year.  However, a defense readjustment project

31-27    may not apply for a refund under this section after the end of the

 32-1    state fiscal year immediately following the state fiscal year in

 32-2    which the defense readjustment project's designation as a defense

 32-3    readjustment project expires or is removed.  The total amount that

 32-4    may be refunded to a defense readjustment project under this

 32-5    section may not exceed the amount determined by multiplying

 32-6    $250,000 by the number of state fiscal years during which the

 32-7    defense readjustment project created one or more jobs for qualified

 32-8    employees.

 32-9          (d)  To receive a refund under this section, a defense

32-10    readjustment project must apply to the comptroller for the refund.

32-11    The Texas Department of Commerce shall provide the comptroller with

32-12    the assistance that the comptroller requires in administering this

32-13    section.

32-14          (e)  In this section:

32-15                (1)  "Defense readjustment project" means a person

32-16    designated by the Texas Department of Commerce as a defense

32-17    readjustment project under Chapter 2310, Government Code.

32-18                (2)  "Readjustment zone" and "qualified employee"  have

32-19    the meanings assigned to those terms by Section 2310.001,

32-20    Government Code.

32-21                (3)  "New permanent job" means a new employment

32-22    position created by a qualified business as described by Section

32-23    2310.302, Government Code, that:

32-24                      (A)  has provided at least 1,820 hours of

32-25    employment a year to a qualified employee; and

32-26                      (B)  is intended to exist during the period that

32-27    the qualified business is designated as a defense readjustment

 33-1    project under Chapter 2310, Government Code.

 33-2          (f)  For the purposes of Subsection (a), items bought by a

 33-3    project after the date it is designated as a project, or within 90

 33-4    days before the date of designation, may be considered eligible for

 33-5    a refund.

 33-6          (g)  The refund provided by this section is conditioned on

 33-7    the defense readjustment project maintaining at least the same

 33-8    level of employment of qualified employees as existed at the time

 33-9    it qualified for a refund for a period of three years from that

33-10    date.  The Texas Department of Commerce shall annually certify to

33-11    the comptroller and the Legislative Budget Board whether that level

33-12    of employment of qualified employees has been maintained.  On the

33-13    Texas Department of Commerce certifying that such a level has not

33-14    been maintained, the comptroller shall assess that portion of the

33-15    refund attributable to any such decrease in employment, including

33-16    penalty and interest from the date of the refund.

33-17          (h)  Notwithstanding Section 171.103 or 171.1032, a receipt

33-18    from a service performed by a defense readjustment project in a

33-19    readjustment zone is not a receipt from business done in this

33-20    state.

33-21          SECTION 3.  Subchapter C, Chapter 171, Tax Code, is amended

33-22    by adding Section 171.1016 to read as follows:

33-23          Sec. 171.1016.  REDUCTION OF TAXABLE CAPITAL FOR INVESTMENT

33-24    IN A READJUSTMENT ZONE.  (a)  A corporation that has been

33-25    designated as a defense readjustment project as provided by Chapter

33-26    2310, Government Code, may deduct either:

33-27                (1)  from its apportioned taxable capital, 50 percent

 34-1    of its capital investment in the readjustment zone in which the

 34-2    defense readjustment project is located; or

 34-3                (2)  from its apportioned taxable earned surplus, five

 34-4    percent of its capital investment in the readjustment zone in which

 34-5    the defense readjustment project is located.  The deduction may be

 34-6    taken on each franchise tax report that is based on a corporation's

 34-7    fiscal year during all or part of which the corporation is a

 34-8    defense readjustment project.

 34-9          (b)  The deduction authorized by this section is limited to

34-10    the depreciated value of capital equipment or other investment that

34-11    qualifies for depreciation for federal income tax purposes and that

34-12    is placed in service in the zone after designation as a defense

34-13    readjustment project.  The depreciated value must be computed by a

34-14    method which is otherwise acceptable for that corporation's

34-15    franchise tax report and must be computed for each report on which

34-16    it is taken by the same method of depreciation.

34-17          (c)  To qualify for the deduction authorized by this section,

34-18    an investment must be used in the normal course of business in the

34-19    defense readjustment zone and must not be removed from the defense

34-20    readjustment zone, except for repair or maintenance.  Qualifying

34-21    use and presence in the zone must occur during the accounting year

34-22    on which the report is based.

34-23          (d)  The deduction authorized by this section may not be used

34-24    to reduce apportioned taxable capital or apportioned taxable earned

34-25    surplus below a zero value, and no carryover of unused deductions

34-26    to a later privileged period is allowed.

34-27          (e)  A corporation may elect to make the deduction authorized

 35-1    by this section either from apportioned taxable capital or

 35-2    apportioned taxable earned surplus for each separate regular annual

 35-3    period.  An election for an initial period applies to the second

 35-4    tax period and to the first regular annual period.

 35-5          (f)  In this section:

 35-6                (1)  "Defense readjustment project" means a person

 35-7    designated by the Texas Department of Commerce as a defense

 35-8    readjustment project under Chapter 2310, Government Code.

 35-9                (2)  "Readjustment zone" has the meaning assigned to

35-10    that term by Section 2310.001, Government Code.

35-11          (g)  Only qualified businesses that have been certified as

35-12    eligible for a tax deduction under this section by the Texas

35-13    Department of Commerce to the comptroller and the Legislative

35-14    Budget Board are entitled to the tax deduction.

35-15          SECTION 4.  The legislature intends that the implementation

35-16    of this Act not result in the removal of any property from the ad

35-17    valorem taxation of any taxing entity in which the property is

35-18    located.

35-19          SECTION 5.  Before September 1, 2001, the Texas Department of

35-20    Commerce may not designate more than six defense economic

35-21    readjustment zones under Chapter 2310, Government Code, as added by

35-22    this Act.

35-23          SECTION 6.  The importance of this legislation and the

35-24    crowded condition of the calendars in both houses create an

35-25    emergency and an imperative public necessity that the

35-26    constitutional rule requiring bills to be read on three several

35-27    days in each house be suspended, and this rule is hereby suspended,

 36-1    and that this Act take effect and be in force from and after its

 36-2    passage, and it is so enacted.