1-1     By:  Sibley                                            S.B. No. 747

 1-2           (In the Senate - Filed February 25, 1997; March 3, 1997, read

 1-3     first time and referred to Committee on Economic Development;

 1-4     April 7, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 10, Nays 0; April 7, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 747                   By:  Sibley

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the administration and financing of certain industrial

1-11     development corporations; providing an administrative penalty.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subsections (n) and (o), Section 4A, Development

1-14     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

1-15     Statutes), are amended to read as follows:

1-16           (n)  At an election called and held under Subsection (d) or

1-17     (o) of this section, the city may also allow the voters to vote on

1-18     a ballot proposition that limits the length of time that a sales

1-19     and use tax may be imposed.  If a city elects to limit the period

1-20     the sales and use tax may be imposed, there shall be added to the

1-21     end of the ballot proposition prescribed by Subsection (m) of this

1-22     section:  "to be imposed for ________ years" (the number of years

1-23     to be inserted as appropriate).  The governing body of the city

1-24     shall set the expiration date of the proposed tax to occur on the

1-25     appropriate anniversary of the effective date of the tax.  A sales

1-26     and use tax imposed for a limited period under this subsection

1-27     expires on the date set by the governing body under this section or

1-28     on an earlier date if[, by a majority of the voters voting in an

1-29     election held in the city,] the tax is abolished under Subsection

1-30     (o) of this section [repealed].  [If an earlier abolition election

1-31     is held, Sections 321.102(a) and 321.402(b), Tax Code, apply to the

1-32     date of repeal.]  A tax that is approved without a limit on its

1-33     period of imposition is effective until abolished in accordance

1-34     with Subsection (o) of this section [repealed by election].  Before

1-35     the 60th day before the date that a tax is to expire, the governing

1-36     body shall send a notice to the comptroller stating the expiration

1-37     date of the tax.  Revenue collected after the expiration of the tax

1-38     from the imposition of the tax after its expiration date shall be

1-39     forwarded by the state to the governing body to be used to pay

1-40     current bonded indebtedness of the municipality.  A municipality

1-41     that has imposed a tax under this section may not extend the period

1-42     of the tax's imposition or reimpose the tax unless the extension or

1-43     reimposition is approved by a majority of the qualified voters of

1-44     the municipality voting in an election called and held for that

1-45     purpose [after its expiration date].  If a city reduces the rate of

1-46     an additional sales and use tax under Chapter 321, Tax Code, to

1-47     impose a tax under this section for a limited period as provided

1-48     under this subsection, and does not have an election to change the

1-49     rate of the additional sales and use tax before the expiration date

1-50     of the tax under this section, the rate of the additional sales and

1-51     use tax under Section 321.101(b), Tax Code, in the city returns to

1-52     its previous rate in effect at the time the tax imposed under this

1-53     section was adopted on the expiration date of the tax under this

1-54     section without having to hold an election under Chapter 321, Tax

1-55     Code, to impose the increase in the rate.

1-56           (o)  In a city in which a sales and use tax for the benefit

1-57     of a corporation has been imposed under this section, in the same

1-58     manner and by the same procedure the city by majority vote of the

1-59     qualified voters of the city voting at an election called and held

1-60     for the purpose may reduce, [or] increase, or abolish the tax.  The

1-61     rate may be reduced in one or more increments of one-eighth of one

1-62     percent to a minimum of one-eighth of one percent or increased in

1-63     one or more increments of one-eighth of one percent to a maximum of

1-64     one-half of one percent.  On petition of 10 percent or more of the

 2-1     registered voters of the city requesting an election on the

 2-2     increase, [or] decrease, or abolition of the tax under this

 2-3     section, the governing body of the city shall order an election on

 2-4     the issue.  The ballot shall be printed in the same manner as the

 2-5     ballot under Subsection (m) of this section, except that the ballot

 2-6     to abolish the tax shall be printed to provide for voting for or

 2-7     against the proposition:  "The abolition of the sales and use tax

 2-8     for the promotion and development of new and expanded business

 2-9     enterprises."  Section 321.102(a), Tax Code, applies to the

2-10     abolition of a tax under this subsection.  However, if before the

2-11     date of the election the corporation had issued bonds or incurred

2-12     other obligations secured by the tax, the tax shall continue to be

2-13     collected until the bonds or other obligations are paid.  The

2-14     corporation shall immediately notify the comptroller when the bonds

2-15     or other obligations have been paid.  A tax imposed under this

2-16     section may not be collected after the last day of the first

2-17     calendar quarter beginning after the date of notification to the

2-18     comptroller.

2-19           SECTION 2.  Section 4A, Development Corporation Act of 1979

2-20     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

2-21     adding Subsection (s) to read as follows:

2-22           (s)(1)  A city that creates or has created a corporation

2-23     governed by this section may submit to the voters of the city, at a

2-24     separate election to be held on an available uniform election date

2-25     or at an election held under another provision of this Act,

2-26     including the election at which the proposition to initially

2-27     authorize the collection of a sales and use tax for the benefit of

2-28     the corporation is submitted, a ballot proposition that authorizes

2-29     the corporation to use the sales and use tax, including any amount

2-30     previously authorized and collected, for a specific project or for

2-31     a specific category of projects that does not qualify under this

2-32     section but qualifies under Section 4B of this Act.  Prior approval

2-33     of a specific project at an election or completion of a specific

2-34     project approved at an election does not prohibit a city from

2-35     seeking voter approval of an additional project or category of

2-36     projects under this subsection to be funded from the same sales and

2-37     use tax.

2-38                 (2)  In the election to authorize the use of the sales

2-39     or use tax for a specific project or for a specific category of

2-40     projects not authorized under this section, the project or category

2-41     of projects must be clearly described on the ballot so that a voter

2-42     will be able to discern the limits of the specific project or

2-43     category of projects authorized by the proposition.  If maintenance

2-44     and operating costs of an otherwise authorized facility are to be

2-45     paid from the sales or use tax, the ballot language must clearly

2-46     state that fact.

2-47                 (3)  Before an election may be held under this

2-48     subsection, the corporation must comply with the public notice and

2-49     hearing requirements prescribed by Section 4B(a-1) of this Act.

2-50                 (4)  If a majority of the voters voting on the issue do

2-51     not approve a specific project or a specific category of projects

2-52     at an election under this subsection, another election may not be

2-53     held on the same project or category of projects before the first

2-54     anniversary of the date of the most recent election disapproving

2-55     the project or category of projects.

2-56           SECTION 3.  Section 4B, Development Corporation Act of 1979

2-57     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

2-58     redesignating Subsection (a-1) as Subsection (a-3) and adding a new

2-59     Subsection (a-1) to read as follows:

2-60           (a-1)  A corporation may not undertake or spend money to

2-61     undertake a project unless the city has adopted a sales and use tax

2-62     under this section for the benefit of the corporation.  Before

2-63     spending money to undertake a specific project or general type of

2-64     project, a corporation shall publish notice of the project and hold

2-65     at least one public hearing on the proposed project.  The

2-66     corporation shall publish notice under this subsection by

2-67     publishing notice of the project in a newspaper of general

2-68     circulation in the city or by posting a written notice of the

2-69     project in a place readily accessible to the general public at all

 3-1     times.  The corporation shall publish or post the notice not

 3-2     earlier than 15 days or later than seven days before the scheduled

 3-3     time of the public hearing on the project.  Notice required under

 3-4     this subsection is in addition to any notice required under Chapter

 3-5     551, Government Code.

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

 3-7     section unless within 60 days after first publishing notice of a

 3-8     specific project or type of general project under Subsection (a-1)

 3-9     of this section the governing body of the city receives a petition

3-10     from more than 10 percent of the registered voters of the city

3-11     where the petition requests that an election be held before that

3-12     specific project or that general type of project is undertaken.  An

3-13     election is not required to be held after the submission of a

3-14     petition if the qualified citizens of the city have previously

3-15     approved the undertaking of a specific project or that general type

3-16     of project at an election called for that purpose by the governing

3-17     body of the city or in conjunction with another election required

3-18     to be held under this section.

3-19           SECTION 4.  Subsection (c), Section 4B, Development

3-20     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

3-21     Statutes), is amended to read as follows:

3-22           (c)  The board of directors of a corporation under this

3-23     section consists of seven directors who are appointed by the

3-24     governing body of the eligible city for two-year terms of office.

3-25     A director may be removed by the governing body of the eligible

3-26     city at any time without cause.  Each director must be a resident

3-27     of the eligible city.  Three directors shall be persons who are not

3-28     employees, officers, or members of the governing body of the

3-29     eligible city.  A majority of the entire membership of the board is

3-30     a quorum.  Notwithstanding any other provision of this subsection,

3-31     if a city dissolves a corporation created under Section 4A of this

3-32     Act and creates a corporation under this section, a person serving

3-33     as a director of the corporation created under Section 4A of this

3-34     Act at the time of dissolution may serve on the board of the

3-35     corporation created under this section.  The board shall conduct

3-36     all meetings within the boundaries of the eligible city.  The board

3-37     shall appoint a president, a secretary, and other officers of the

3-38     corporation that the governing body of the eligible city considers

3-39     necessary.  The corporation's registered agent must be an

3-40     individual resident of the state and the corporation's registered

3-41     office must be within the boundaries of the eligible city.

3-42           SECTION 5.  Section 4B, Development Corporation Act of 1979

3-43     (Article 5190.6, Vernon's Texas Civil Statutes), as amended by

3-44     Chapters 1022 and 1031, Acts of the 73rd Legislature, 1993, is

3-45     amended by amending Subsections (e) and (f) and adding Subsections

3-46     (i-1), (i-2), and (i-3) to read as follows:

3-47           (e)  The rate of a tax adopted under this section must be

3-48     one-eighth, one-fourth, three-eighths, or one-half of one percent.

3-49     The ballot proposition at the election held to adopt the tax must

3-50     clearly state that the voters are voting on the adoption of a new

3-51     sales and use tax, specify the rate of the tax to be adopted, and

3-52     identify the proposed use of or purpose for the tax revenue.  In

3-53     addition, if maintenance and operating costs are to be paid from

3-54     the tax, the ballot language must clearly state that fact.  A

3-55     corporation that holds an election to reduce or abolish a tax

3-56     imposed under Section 4A of this Act may, in the same or in a

3-57     separate proposition on the same ballot, adopt a tax under this

3-58     section.  If an eligible city adopts the tax, a tax is imposed on

3-59     the receipts from the sale at retail of taxable items within the

3-60     eligible city at the rate approved at the election.  There is also

3-61     imposed an excise tax on the use, storage, or other consumption

3-62     within the eligible city of tangible personal property purchased,

3-63     leased, or rented from a retailer during the period that the tax is

3-64     effective within the eligible city.  The rate of the excise tax is

3-65     the same as the rate of the sales tax portion of the tax and is

3-66     applied to the sale price of the tangible personal property.

3-67           [(e)  If an eligible city adopts the tax, a tax is imposed on

3-68     the receipts from the sale at retail of taxable items within the

3-69     eligible city at a rate approved by the governing body of the

 4-1     eligible city.  The rate must be equal to one-eighth, one-fourth,

 4-2     three-eighths, or one-half of one percent.  There is also imposed

 4-3     an excise tax on the use, storage, or other consumption within the

 4-4     eligible city of tangible personal property purchased, leased, or

 4-5     rented from a retailer during the period that the tax is effective

 4-6     within the eligible city.  The rate of the excise tax is the same

 4-7     as the rate of the sales tax portion of the tax and is applied to

 4-8     the sale price of the tangible personal property.]

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

4-10     computation, administration, collection, abolition, and remittance

4-11     of the tax except as inconsistent with this section.  The tax

4-12     imposed under this section takes effect as provided by Section

4-13     321.102(a), Tax Code.  If, however, an election is held under this

4-14     section at the same time an election is held to impose or change

4-15     the rate of the additional municipal sales and use tax, the tax

4-16     under this section and the imposition or change in rate of the

4-17     additional municipal sales and use tax take effect as provided by

4-18     Section 321.102(b), Tax Code.  The ballot proposition for an

4-19     election to impose the tax under this section and to impose or

4-20     change the rate of the additional municipal sales and use tax must

4-21     clearly state that the voters are voting on the adoption of a new

4-22     sales and use tax or the change of an existing tax, or both, and

4-23     include the information prescribed by Subsection (e) of this

4-24     section, as appropriate.  An election to impose the tax under this

4-25     section and to impose or change the rate of the additional

4-26     municipal sales and use tax may be held on the same day, and voters

4-27     may vote on the issues in the same proposition or in separate

4-28     propositions on the same ballot.  After the effective date of the

4-29     taxes imposed under this section, the adoption of a sales and use

4-30     tax or the attempted adoption of a sales and use tax by the

4-31     eligible city or any other taxing jurisdiction having territory in

4-32     the city does not impair the taxes imposed under this section.

4-33           (i-1)  On petition of 10 percent or more of the registered

4-34     voters of the city requesting an election on the dissolution of the

4-35     corporation, the governing body shall order an election on the

4-36     issue at the next available uniform election date that is not less

4-37     than 45 days after the date that the petition is filed.  The

4-38     election must be conducted according to the applicable provisions

4-39     of the Election Code.  The ballot for the election shall be printed

4-40     to provide for voting for or against the proposition:  "Dissolution

4-41     of the ___________________ (name of the corporation)." If a

4-42     majority of voters voting on the issue approve the dissolution, the

4-43     corporation shall continue operations only as necessary to pay the

4-44     principal of and interest on its bonds and to meet obligations

4-45     incurred before the date of the election and, to the extent

4-46     practicable, shall dispose of its assets and apply the proceeds to

4-47     satisfy those obligations.  When the last of the obligations is

4-48     satisfied, any remaining assets of the corporation shall be

4-49     transferred to the city, and the corporation is dissolved.  A tax

4-50     imposed under this section may not be collected after the last day

4-51     of the first calendar quarter beginning after notification to the

4-52     comptroller by the corporation that the last of its obligations is

4-53     satisfied.

4-54           (i-2)  The governing body of an eligible city may call and

4-55     hold an election on the issue of abolishing the tax imposed under

4-56     this section.  On petition of 10 percent or more of the registered

4-57     voters of the city requesting an election on the issue of

4-58     abolishing the tax, the governing body shall order an election on

4-59     the issue.  The ballot shall be printed to provide for voting for

4-60     or against the proposition:  "The abolition of the sales and use

4-61     tax for the promotion and development of new and expanded business

4-62     enterprises."  Section 321.102(a), Tax Code, applies to the

4-63     abolition of a tax under this subsection.  However, if before the

4-64     date of the election the corporation had issued bonds or incurred

4-65     other obligations secured by the tax, the tax shall continue to be

4-66     collected until the bonds or other obligations are paid.  During

4-67     that period, the corporation, to the extent practicable, shall

4-68     dispose of its assets and apply the proceeds to satisfy the bonds

4-69     or other obligations.  The corporation shall immediately notify the

 5-1     comptroller when the bonds or other obligations have been paid.

 5-2     When the last of the bonds or obligations is satisfied, any

 5-3     remaining assets of the corporation shall be transferred to the

 5-4     city, and the corporation is dissolved.  A tax imposed under this

 5-5     section may not be collected after the last day of the first

 5-6     calendar quarter beginning after the date of notification to the

 5-7     comptroller.

 5-8           (i-3)  At an election held to adopt a sales and use tax under

 5-9     this section, the city may also allow the voters to vote to limit

5-10     the time during which the tax may be imposed.  The city shall add

5-11     to the end of the ballot proposition prescribed by Subsection (e)

5-12     or (f) of this section:  "to be imposed for _______ years" (insert

5-13     number of years).  The governing body of the city shall set the

5-14     expiration date of the proposed tax to occur on the appropriate

5-15     anniversary of the effective date of the tax.  A sales and use tax

5-16     imposed for a limited period under this subsection expires on the

5-17     date set by the governing body under this section or on an earlier

5-18     date if the corporation is dissolved under Subsection (i-1) of this

5-19     section or the tax is abolished under Subsection (i-2) of this

5-20     section.  Before the 60th day before the date the tax is to expire,

5-21     the governing body shall send a notice to the comptroller stating

5-22     the expiration date of the tax.  Revenue collected after the

5-23     expiration of the tax from the imposition of the tax after its

5-24     expiration date shall be forwarded by the state to the governing

5-25     body to be used to pay current bonded indebtedness of the city.  A

5-26     city that has imposed a tax under this section may not extend the

5-27     period of the tax's imposition or reimpose the tax unless the

5-28     extension or reimposition is approved by a majority of the

5-29     qualified voters of the city voting in an election called and held

5-30     for that purpose.

5-31           SECTION 6.  The Development Corporation Act of 1979 (Article

5-32     5190.6, Vernon's Texas Civil Statutes) is amended by adding Section

5-33     4C to read as follows:

5-34           Sec. 4C.  (a)  Not later than February 1 of each year, the

5-35     board of directors of a corporation created under Section 4A or 4B

5-36     of this Act shall submit to the comptroller a report in the form

5-37     required by the comptroller.

5-38           (b)  The reporting form shall not exceed one page in length

5-39     and must include:

5-40                 (1)  a statement of the corporation's primary economic

5-41     development objectives;

5-42                 (2)  a statement of the corporation's total revenues

5-43     during the preceding fiscal year;

5-44                 (3)  a statement of the corporation's total

5-45     expenditures during the preceding fiscal year;

5-46                 (4)  a statement of the corporation's total

5-47     expenditures during the preceding fiscal year in each of the

5-48     following categories:

5-49                       (A)  administration;

5-50                       (B)  personnel;

5-51                       (C)  marketing or promotion;

5-52                       (D)  direct business incentives;

5-53                       (E)  debt service;

5-54                       (F)  capital costs; and

5-55                       (G)  payments to taxing units, including school

5-56     districts;

5-57                 (5)  a list of the corporation's capital assets,

5-58     including land and buildings; and

5-59                 (6)  any other information the comptroller requires to

5-60     determine the use of the sales and use tax imposed under Section 4A

5-61     or 4B of this Act to encourage economic development in this state.

5-62           (c)  If a corporation fails to file a report in accordance

5-63     with this section or fails to include sufficient information in the

5-64     report, the comptroller shall provide to the corporation written

5-65     notice of this failure.  The written notice must include

5-66     information on how to correct the failure.

5-67           (d)  The comptroller may impose an administrative penalty of

5-68     $200 against a corporation that does not correct the failure before

5-69     the 31st day after the date the corporation receives the written

 6-1     notice under Subsection (c) of this section.

 6-2           (e)  The comptroller by rule shall prescribe the procedures

 6-3     for the imposition of an administrative penalty under this section.

 6-4     The rules must protect the due process rights of a corporation.

 6-5           (f)  Not later than November 1 of each even-numbered year,

 6-6     the comptroller shall submit to the legislature a report on the use

 6-7     of the sales and use tax imposed under Sections 4A and 4B of this

 6-8     Act to encourage economic development in this state.

 6-9           (g)  On request, the comptroller shall provide without charge

6-10     a copy of the report required by Subsection (f) of this section to

6-11     a corporation organized under Section 4A or 4B of this Act.

6-12           SECTION 7.  (a)  An election held before the effective date

6-13     of this Act to impose a sales and use tax for a limited period

6-14     under Section 4B, Development Corporation Act of 1979 (Article

6-15     5190.6, Vernon's Texas Civil Statutes), is valid and the

6-16     municipality may impose the tax in accordance with the election if:

6-17                 (1)  the election was otherwise held in accordance with

6-18     Section 4B, Development Corporation Act of 1979 (Article 5190.6,

6-19     Vernon's Texas Civil Statutes), as it existed on the date of the

6-20     election;

6-21                 (2)  the ballot proposition at the election held to

6-22     impose the tax prescribed the number of years for which the tax may

6-23     be imposed; and

6-24                 (3)  a majority of the voters voting at the election

6-25     voted in favor of the proposition to impose the tax.

6-26           (b)  This section does not apply to an election held before

6-27     the effective date of this Act or to the imposition of a sales and

6-28     use tax in accordance with that election if the validity of the tax

6-29     is the subject of a lawsuit pending on the effective date of this

6-30     Act.

6-31           SECTION 8.  This Act does not affect the authority of an

6-32     industrial development corporation created before the effective

6-33     date of this Act to continue a project that the corporation had

6-34     undertaken before the effective date of this Act.

6-35           SECTION 9.  Subsection (n), Section 4B, Development

6-36     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

6-37     Statutes), is repealed.

6-38           SECTION 10.  This Act takes effect September 1, 1997.

6-39           SECTION 11.  The importance of this legislation and the

6-40     crowded condition of the calendars in both houses create an

6-41     emergency and an imperative public necessity that the

6-42     constitutional rule requiring bills to be read on three several

6-43     days in each house be suspended, and this rule is hereby suspended.

6-44                                  * * * * *