By: Nelson S.B. No. 1450
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the terms of tax abatement agreements entered into by
1-2 the Dallas County Flood Control District No. 1.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a), (b), and (d), Section 16E,
1-5 Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983,
1-6 are amended to read as follows:
1-7 (a) The district may agree in writing with the owner of
1-8 taxable real property that is located in a reinvestment zone, but
1-9 that is not in an improvement project financed by tax increment
1-10 bonds, to exempt from taxation a portion of the value of the real
1-11 property or of tangible personal property located on the real
1-12 property, or both, for a period not to exceed 30 [10] years,
1-13 subject to the rights of holders of outstanding bonds of the
1-14 district, on the condition that the owner of the property make
1-15 specific improvements or repairs to the property. An agreement may
1-16 provide for the exemption of the real property in each year covered
1-17 by the agreement only to the extent its value for that year exceeds
1-18 its value for the year in which the agreement is executed. An
1-19 agreement may provide for the exemption of tangible personal
1-20 property located on the real property in each year covered by the
1-21 agreement other than tangible personal property that was located on
1-22 the real property at any time before the period covered by the
1-23 agreement with the district. An agreement may cover more than one
2-1 commercial-industrial project.
2-2 (b) A tax abatement agreement entered into by the district
2-3 is not required to contain terms identical to another tax abatement
2-4 agreement that covers the same exempted property or a portion of
2-5 that property. [The agreements made with the owners of property in
2-6 a reinvestment zone must contain identical terms for the portion of
2-7 the value of the property that is to be exempt and the duration of
2-8 the exemption.]
2-9 (d) The board of directors may agree in writing with the
2-10 owner or lessee of real property that is located in a reinvestment
2-11 zone to exempt from taxation for a period not to exceed 30 [10]
2-12 years a portion of the value of the real property or of personal
2-13 property, or both, located within the zone and owned or leased by a
2-14 certificated air carrier, on the condition that the certificated
2-15 air carrier make specific real property improvements or lease for a
2-16 term of 30 [10] years or more real property improvements located
2-17 within the reinvestment zone. An agreement may provide for the
2-18 exemption of the real property in each year covered by the
2-19 agreement to the extent its value for that year exceeds its value
2-20 for the year in which the agreement is executed. An agreement may
2-21 provide for the exemption of the personal property owned or leased
2-22 by a certificated air carrier located within the reinvestment zone
2-23 in each year covered by the agreement other than specific personal
2-24 property that was located within the reinvestment zone at any time
2-25 before the period covered by the agreement with the district.
3-1 SECTION 2. Subsection (a), Section 16G, Chapter 1081, Acts
3-2 of the 68th Legislature, Regular Session, 1983, is amended to read
3-3 as follows:
3-4 (a) At any time before the expiration of an agreement made
3-5 under this Act, the agreement may be modified by the parties to the
3-6 agreement to include other provisions that could have been included
3-7 in the original agreement or to delete provisions that were not
3-8 necessary to the original agreement. The modification must be made
3-9 by the same procedure by which the original agreement was approved
3-10 and executed. The original agreement may not be modified to extend
3-11 beyond 30 [10] years from the date of the original agreement.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.