By:  Sibley                                            S.B. No. 747

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     development corporations; providing an administrative penalty.

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

 1-4           SECTION 1.  Subsections (n) and (o), Section 4A, Development

 1-5     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

 1-6     Statutes), are amended to read as follows:

 1-7           (n)  At an election called and held under Subsection (d) or

 1-8     (o) of this section, the city may also allow the voters to vote on

 1-9     a ballot proposition that limits the length of time that a sales

1-10     and use tax may be imposed.  If a city elects to limit the period

1-11     the sales and use tax may be imposed, there shall be added to the

1-12     end of the ballot proposition prescribed by Subsection (m) of this

1-13     section:  "to be imposed for ________ years" (the number of years

1-14     to be inserted as appropriate).  The governing body of the city

1-15     shall set the expiration date of the proposed tax to occur on the

1-16     appropriate anniversary of the effective date of the tax.  A sales

1-17     and use tax imposed for a limited period under this subsection

1-18     expires on the date set by the governing body under this section or

1-19     on an earlier date if[, by a majority of the voters voting in an

1-20     election held in the city,] the tax is abolished under Subsection

1-21     (o) of this section [repealed].  [If an earlier abolition election

1-22     is held, Sections 321.102(a) and 321.402(b), Tax Code, apply to the

1-23     date of repeal.]  A tax that is approved without a limit on its

 2-1     period of imposition is effective until abolished in accordance

 2-2     with Subsection (o) of this section [repealed by election].  Before

 2-3     the 60th day before the date that a tax is to expire, the governing

 2-4     body shall send a notice to the comptroller stating the expiration

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

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

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

 2-8     current bonded indebtedness of the municipality.  A municipality

 2-9     that has imposed a tax under this section may not extend the period

2-10     of the tax's imposition or reimpose the tax unless the extension or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 3-1     manner and by the same procedure the city by majority vote of the

 3-2     qualified voters of the city voting at an election called and held

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

 3-4     rate may be reduced in one or more increments of one-eighth of one

 3-5     percent to a minimum of one-eighth of one percent or increased in

 3-6     one or more increments of one-eighth of one percent to a maximum of

 3-7     one-half of one percent.  On petition of 10 percent or more of the

 3-8     registered voters of the city requesting an election on the

 3-9     increase, [or] decrease, or abolition of the tax under this

3-10     section, the governing body of the city shall order an election on

3-11     the issue.  The ballot shall be printed in the same manner as the

3-12     ballot under Subsection (m) of this section, except that the ballot

3-13     to abolish the tax shall be printed to provide for voting for or

3-14     against the proposition:  "The abolition of the sales and use tax

3-15     for the promotion and development of new and expanded business

3-16     enterprises."  Section 321.102(a), Tax Code, applies to the

3-17     abolition of a tax under this subsection.  However, if before the

3-18     date of the election the corporation had issued bonds or incurred

3-19     other obligations secured by the tax, the tax shall continue to be

3-20     collected until the bonds or other obligations are paid.  The

3-21     corporation shall immediately notify the comptroller when the bonds

3-22     or other obligations have been paid.  A tax imposed under this

3-23     section may not be collected after the last day of the first

3-24     calendar quarter beginning after the date of notification to the

3-25     comptroller.

 4-1           SECTION 2.  Section 4A, Development Corporation Act of 1979

 4-2     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

 4-3     adding Subsection (s) to read as follows:

 4-4           (s)(1)  A city that creates or has created a corporation

 4-5     governed by this section may submit to the voters of the city, at a

 4-6     separate election to be held on an available uniform election date

 4-7     or at an election held under another provision of this Act,

 4-8     including the election at which the proposition to initially

 4-9     authorize the collection of a sales and use tax for the benefit of

4-10     the corporation is submitted, a ballot proposition that authorizes

4-11     the corporation to use the sales and use tax, including any amount

4-12     previously authorized and collected, for a specific project or for

4-13     a specific category of projects that does not qualify under this

4-14     section but qualifies under Section 4B of this Act.  Prior approval

4-15     of a specific project at an election or completion of a specific

4-16     project approved at an election does not prohibit a city from

4-17     seeking voter approval of an additional project or category of

4-18     projects under this subsection to be funded from the same sales and

4-19     use tax.

4-20                 (2)  In the election to authorize the use of the sales

4-21     or use tax for a specific project or for a specific category of

4-22     projects not authorized under this section, the project or category

4-23     of projects must be clearly described on the ballot so that a voter

4-24     will be able to discern the limits of the specific project or

4-25     category of projects authorized by the proposition.  If maintenance

 5-1     and operating costs of an otherwise authorized facility are to be

 5-2     paid from the sales or use tax, the ballot language must clearly

 5-3     state that fact.

 5-4                 (3)  Before an election may be held under this

 5-5     subsection, the corporation must comply with the public notice and

 5-6     hearing requirements prescribed by Section 4B(a-1) of this Act.

 5-7                 (4)  If a majority of the voters voting on the issue do

 5-8     not approve a specific project or a specific category of projects

 5-9     at an election under this subsection, another election may not be

5-10     held on the same project or category of projects before the first

5-11     anniversary of the date of the most recent election disapproving

5-12     the project or category of projects.

5-13           SECTION 3.  Section 4B, Development Corporation Act of 1979

5-14     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

5-15     redesignating Subsection (a-1) as Subsection (a-3) and adding a new

5-16     Subsection (a-1) to read as follows:

5-17           (a-1)  A corporation may not undertake or spend money to

5-18     undertake a project unless the city has adopted a sales and use tax

5-19     under this section for the benefit of the corporation.  Before

5-20     spending money to undertake a specific project or general type of

5-21     project, a corporation shall publish notice of the project and hold

5-22     at least one public hearing on the proposed project.  The

5-23     corporation shall publish notice under this subsection by

5-24     publishing notice of the project in a newspaper of general

5-25     circulation in the city or by posting a written notice of the

 6-1     project in a place readily accessible to the general public at all

 6-2     times.  The corporation shall publish or post the notice not

 6-3     earlier than 15 days or later than seven days before the scheduled

 6-4     time of the public hearing on the project.  Notice required under

 6-5     this subsection is in addition to any notice required under Chapter

 6-6     551, Government Code.

 6-7           (a-3)  A corporation may undertake a project under this

 6-8     section unless within 60 days after first publishing notice of a

 6-9     specific project or type of general project under Subsection (a-1)

6-10     of this section the governing body of the city receives a petition

6-11     from more than 10 percent of the registered voters of the city

6-12     where the petition requests that an election be held before that

6-13     specific project or that general type of project is undertaken.  An

6-14     election is not required to be held after the submission of a

6-15     petition if the qualified citizens of the city have previously

6-16     approved the undertaking of a specific project or that general type

6-17     of project at an election called for that purpose by the governing

6-18     body of the city or in conjunction with another election required

6-19     to be held under this section.

6-20           SECTION 4.  Subsection (c), Section 4B, Development

6-21     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

6-22     Statutes), is amended to read as follows:

6-23           (c)  The board of directors of a corporation under this

6-24     section consists of seven directors who are appointed by the

6-25     governing body of the eligible city for two-year terms of office.

 7-1     A director may be removed by the governing body of the eligible

 7-2     city at any time without cause.  Each director must be a resident

 7-3     of the eligible city.  Three directors shall be persons who are not

 7-4     employees, officers, or members of the governing body of the

 7-5     eligible city.  A majority of the entire membership of the board is

 7-6     a quorum.  Notwithstanding any other provision of this subsection,

 7-7     if a city dissolves a corporation created under Section 4A of this

 7-8     Act and creates a corporation under this section, a person serving

 7-9     as a director of the corporation created under Section 4A of this

7-10     Act at the time of dissolution may serve on the board of the

7-11     corporation created under this section.  The board shall conduct

7-12     all meetings within the boundaries of the eligible city.  The board

7-13     shall appoint a president, a secretary, and other officers of the

7-14     corporation that the governing body of the eligible city considers

7-15     necessary.  The corporation's registered agent must be an

7-16     individual resident of the state and the corporation's registered

7-17     office must be within the boundaries of the eligible city.

7-18           SECTION 5.  Section 4B, Development Corporation Act of 1979

7-19     (Article 5190.6, Vernon's Texas Civil Statutes), as amended by

7-20     Chapters 1022 and 1031, Acts of the 73rd Legislature, 1993, is

7-21     amended by amending Subsections (e) and (f) and adding Subsections

7-22     (i-1), (i-2), and (i-3) to read as follows:

7-23           (e)  The rate of a tax adopted under this section must be

7-24     one-eighth, one-fourth, three-eighths, or one-half of one percent.

7-25     The ballot proposition at the election held to adopt the tax must

 8-1     clearly state that the voters are voting on the adoption of a new

 8-2     sales and use tax, specify the rate of the tax to be adopted, and

 8-3     identify the proposed use of or purpose for the tax revenue.  In

 8-4     addition, if maintenance and operating costs are to be paid from

 8-5     the tax, the ballot language must clearly state that fact.  A

 8-6     corporation that holds an election to reduce or abolish a tax

 8-7     imposed under Section 4A of this Act may, in the same or in a

 8-8     separate proposition on the same ballot, adopt a tax under this

 8-9     section.  If an eligible city adopts the tax, a tax is imposed on

8-10     the receipts from the sale at retail of taxable items within the

8-11     eligible city at the rate approved at the election.  There is also

8-12     imposed an excise tax on the use, storage, or other consumption

8-13     within the eligible city of tangible personal property purchased,

8-14     leased, or rented from a retailer during the period that the tax is

8-15     effective within the eligible city.  The rate of the excise tax is

8-16     the same as the rate of the sales tax portion of the tax and is

8-17     applied to the sale price of the tangible personal property.

8-18           [(e)  If an eligible city adopts the tax, a tax is imposed on

8-19     the receipts from the sale at retail of taxable items within the

8-20     eligible city at a rate approved by the governing body of the

8-21     eligible city.  The rate must be equal to one-eighth, one-fourth,

8-22     three-eighths, or one-half of one percent.  There is also imposed

8-23     an excise tax on the use, storage, or other consumption within the

8-24     eligible city of tangible personal property purchased, leased, or

8-25     rented from a retailer during the period that the tax is effective

 9-1     within the eligible city.  The rate of the excise tax is the same

 9-2     as the rate of the sales tax portion of the tax and is applied to

 9-3     the sale price of the tangible personal property.]

 9-4           (f)  Chapter 321, Tax Code, governs the imposition,

 9-5     computation, administration, collection, abolition, and remittance

 9-6     of the tax except as inconsistent with this section.  The tax

 9-7     imposed under this section takes effect as provided by Section

 9-8     321.102(a), Tax Code.  If, however, an election is held under this

 9-9     section at the same time an election is held to impose or change

9-10     the rate of the additional municipal sales and use tax, the tax

9-11     under this section and the imposition or change in rate of the

9-12     additional municipal sales and use tax take effect as provided by

9-13     Section 321.102(b), Tax Code.  The ballot proposition for an

9-14     election to impose the tax under this section and to impose or

9-15     change the rate of the additional municipal sales and use tax must

9-16     clearly state that the voters are voting on the adoption of a new

9-17     sales and use tax or the change of an existing tax, or both, and

9-18     include the information prescribed by Subsection (e) of this

9-19     section, as appropriate.  An election to impose the tax under this

9-20     section and to impose or change the rate of the additional

9-21     municipal sales and use tax may be held on the same day, and voters

9-22     may vote on the issues in the same proposition or in separate

9-23     propositions on the same ballot.  After the effective date of the

9-24     taxes imposed under this section, the adoption of a sales and use

9-25     tax or the attempted adoption of a sales and use tax by the

 10-1    eligible city or any other taxing jurisdiction having territory in

 10-2    the city does not impair the taxes imposed under this section.

 10-3          (i-1)  On petition of 10 percent or more of the registered

 10-4    voters of the city requesting an election on the dissolution of the

 10-5    corporation, the governing body shall order an election on the

 10-6    issue at the next available uniform election date that is not less

 10-7    than 45 days after the date that the petition is filed.  The

 10-8    election must be conducted according to the applicable provisions

 10-9    of the Election Code.  The ballot for the election shall be printed

10-10    to provide for voting for or against the proposition:  "Dissolution

10-11    of the ___________________ (name of the corporation)." If a

10-12    majority of voters voting on the issue approve the dissolution, the

10-13    corporation shall continue operations only as necessary to pay the

10-14    principal of and interest on its bonds and to meet obligations

10-15    incurred before the date of the election and, to the extent

10-16    practicable, shall dispose of its assets and apply the proceeds to

10-17    satisfy those obligations.  When the last of the obligations is

10-18    satisfied, any remaining assets of the corporation shall be

10-19    transferred to the city, and the corporation is dissolved.  A tax

10-20    imposed under this section may not be collected after the last day

10-21    of the first calendar quarter beginning after notification to the

10-22    comptroller by the corporation that the last of its obligations is

10-23    satisfied.

10-24          (i-2)  The governing body of an eligible city may call and

10-25    hold an election on the issue of abolishing the tax imposed under

 11-1    this section.  On petition of 10 percent or more of the registered

 11-2    voters of the city requesting an election on the issue of

 11-3    abolishing the tax, the governing body shall order an election on

 11-4    the issue.  The ballot shall be printed to provide for voting for

 11-5    or against the proposition:  "The abolition of the sales and use

 11-6    tax for the promotion and development of new and expanded business

 11-7    enterprises."  Section 321.102(a), Tax Code, applies to the

 11-8    abolition of a tax under this subsection.  However, if before the

 11-9    date of the election the corporation had issued bonds or incurred

11-10    other obligations secured by the tax, the tax shall continue to be

11-11    collected until the bonds or other obligations are paid.  During

11-12    that period, the corporation, to the extent practicable, shall

11-13    dispose of its assets and apply the proceeds to satisfy the bonds

11-14    or other obligations.  The corporation shall immediately notify the

11-15    comptroller when the bonds or other obligations have been paid.

11-16    When the last of the bonds or obligations is satisfied, any

11-17    remaining assets of the corporation shall be transferred to the

11-18    city, and the corporation is dissolved.  A tax imposed under this

11-19    section may not be collected after the last day of the first

11-20    calendar quarter beginning after the date of notification to the

11-21    comptroller.

11-22          (i-3)  At an election held to adopt a sales and use tax under

11-23    this section, the city may also allow the voters to vote to limit

11-24    the time during which the tax may be imposed.  The city shall add

11-25    to the end of the ballot proposition prescribed by Subsection (e)

 12-1    or (f) of this section:  "to be imposed for _______ years" (insert

 12-2    number of years).  The governing body of the city shall set the

 12-3    expiration date of the proposed tax to occur on the appropriate

 12-4    anniversary of the effective date of the tax.  A sales and use tax

 12-5    imposed for a limited period under this subsection expires on the

 12-6    date set by the governing body under this section or on an earlier

 12-7    date if the corporation is dissolved under Subsection (i-1) of this

 12-8    section or the tax is abolished under Subsection (i-2) of this

 12-9    section.  Before the 60th day before the date the tax is to expire,

12-10    the governing body shall send a notice to the comptroller stating

12-11    the expiration date of the tax.  Revenue collected after the

12-12    expiration of the tax from the imposition of the tax after its

12-13    expiration date shall be forwarded by the state to the governing

12-14    body to be used to pay current bonded indebtedness of the city.  A

12-15    city that has imposed a tax under this section may not extend the

12-16    period of the tax's imposition or reimpose the tax unless the

12-17    extension or reimposition is approved by a majority of the

12-18    qualified voters of the city voting in an election called and held

12-19    for that purpose.

12-20          SECTION 6.  The Development Corporation Act of 1979 (Article

12-21    5190.6, Vernon's Texas Civil Statutes) is amended by adding Section

12-22    4C to read as follows:

12-23          Sec. 4C.  (a)  Not later than February 1 of each year, the

12-24    board of directors of a corporation created under Section 4A or 4B

12-25    of this Act shall submit to the comptroller a report in the form

 13-1    required by the comptroller.

 13-2          (b)  The reporting form shall not exceed one page in length

 13-3    and must include:

 13-4                (1)  a statement of the corporation's primary economic

 13-5    development objectives;

 13-6                (2)  a statement of the corporation's total revenues

 13-7    during the preceding fiscal year;

 13-8                (3)  a statement of the corporation's total

 13-9    expenditures during the preceding fiscal year;

13-10                (4)  a statement of the corporation's total

13-11    expenditures during the preceding fiscal year in each of the

13-12    following categories:

13-13                      (A)  administration;

13-14                      (B)  personnel;

13-15                      (C)  marketing or promotion;

13-16                      (D)  direct business incentives;

13-17                      (E)  debt service;

13-18                      (F)  capital costs; and

13-19                      (G)  payments to taxing units, including school

13-20    districts;

13-21                (5)  a list of the corporation's capital assets,

13-22    including land and buildings; and

13-23                (6)  any other information the comptroller requires to

13-24    determine the use of the sales and use tax imposed under Section 4A

13-25    or 4B of this Act to encourage economic development in this state.

 14-1          (c)  If a corporation fails to file a report in accordance

 14-2    with this section or fails to include sufficient information in the

 14-3    report, the comptroller shall provide to the corporation written

 14-4    notice of this failure.  The written notice must include

 14-5    information on how to correct the failure.

 14-6          (d)  The comptroller may impose an administrative penalty of

 14-7    $200 against a corporation that does not correct the failure before

 14-8    the 31st day after the date the corporation receives the written

 14-9    notice under Subsection (c) of this section.

14-10          (e)  The comptroller by rule shall prescribe the procedures

14-11    for the imposition of an administrative penalty under this section.

14-12    The rules must protect the due process rights of a corporation.

14-13          (f)  Not later than November 1 of each even-numbered year,

14-14    the comptroller shall submit to the legislature a report on the use

14-15    of the sales and use tax imposed under Sections 4A and 4B of this

14-16    Act to encourage economic development in this state.

14-17          (g)  On request, the comptroller shall provide without charge

14-18    a copy of the report required by Subsection (f) of this section to

14-19    a corporation organized under Section 4A or 4B of this Act.

14-20          SECTION 7.  (a)  An election held before the effective date

14-21    of this Act to impose a sales and use tax for a limited period

14-22    under Section 4B, Development Corporation Act of 1979 (Article

14-23    5190.6, Vernon's Texas Civil Statutes), is valid and the

14-24    municipality may impose the tax in accordance with the election if:

14-25                (1)  the election was otherwise held in accordance with

 15-1    Section 4B, Development Corporation Act of 1979 (Article 5190.6,

 15-2    Vernon's Texas Civil Statutes), as it existed on the date of the

 15-3    election;

 15-4                (2)  the ballot proposition at the election held to

 15-5    impose the tax prescribed the number of years for which the tax may

 15-6    be imposed; and

 15-7                (3)  a majority of the voters voting at the election

 15-8    voted in favor of the proposition to impose the tax.

 15-9          (b)  This section does not apply to an election held before

15-10    the effective date of this Act or to the imposition of a sales and

15-11    use tax in accordance with that election if the validity of the tax

15-12    is the subject of a lawsuit pending on the effective date of this

15-13    Act.

15-14          SECTION 8.  This Act does not affect the authority of an

15-15    industrial development corporation created before the effective

15-16    date of this Act to continue a project that the corporation had

15-17    undertaken before the effective date of this Act.

15-18          SECTION 9.  Subsection (n), Section 4B, Development

15-19    Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

15-20    Statutes), is repealed.

15-21          SECTION 10.  This Act takes effect September 1, 1997.

15-22          SECTION 11.  The importance of this legislation and the

15-23    crowded condition of the calendars in both houses create an

15-24    emergency and an imperative public necessity that the

15-25    constitutional rule requiring bills to be read on three several

 16-1    days in each house be suspended, and this rule is hereby suspended.