1-1 By: Nelson S.B. No. 1450
1-2 (In the Senate - Filed March 13, 1997; March 19, 1997, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 7, 1997, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 7, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the terms of tax abatement agreements entered into by
1-9 the Dallas County Flood Control District No. 1.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsections (a), (b), and (d), Section 16E,
1-12 Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983,
1-13 are amended to read as follows:
1-14 (a) The district may agree in writing with the owner of
1-15 taxable real property that is located in a reinvestment zone, but
1-16 that is not in an improvement project financed by tax increment
1-17 bonds, to exempt from taxation a portion of the value of the real
1-18 property or of tangible personal property located on the real
1-19 property, or both, for a period not to exceed 30 [10] years,
1-20 subject to the rights of holders of outstanding bonds of the
1-21 district, on the condition that the owner of the property make
1-22 specific improvements or repairs to the property. An agreement may
1-23 provide for the exemption of the real property in each year covered
1-24 by the agreement only to the extent its value for that year exceeds
1-25 its value for the year in which the agreement is executed. An
1-26 agreement may provide for the exemption of tangible personal
1-27 property located on the real property in each year covered by the
1-28 agreement other than tangible personal property that was located on
1-29 the real property at any time before the period covered by the
1-30 agreement with the district. An agreement may cover more than one
1-31 commercial-industrial project.
1-32 (b) A tax abatement agreement entered into by the district
1-33 is not required to contain terms identical to another tax abatement
1-34 agreement that covers the same exempted property or a portion of
1-35 that property. [The agreements made with the owners of property in
1-36 a reinvestment zone must contain identical terms for the portion of
1-37 the value of the property that is to be exempt and the duration of
1-38 the exemption.]
1-39 (d) The board of directors may agree in writing with the
1-40 owner or lessee of real property that is located in a reinvestment
1-41 zone to exempt from taxation for a period not to exceed 30 [10]
1-42 years a portion of the value of the real property or of personal
1-43 property, or both, located within the zone and owned or leased by a
1-44 certificated air carrier, on the condition that the certificated
1-45 air carrier make specific real property improvements or lease for a
1-46 term of 30 [10] years or more real property improvements located
1-47 within the reinvestment zone. An agreement may provide for the
1-48 exemption of the real property in each year covered by the
1-49 agreement to the extent its value for that year exceeds its value
1-50 for the year in which the agreement is executed. An agreement may
1-51 provide for the exemption of the personal property owned or leased
1-52 by a certificated air carrier located within the reinvestment zone
1-53 in each year covered by the agreement other than specific personal
1-54 property that was located within the reinvestment zone at any time
1-55 before the period covered by the agreement with the district.
1-56 SECTION 2. Subsection (a), Section 16G, Chapter 1081, Acts
1-57 of the 68th Legislature, Regular Session, 1983, is amended to read
1-58 as follows:
1-59 (a) At any time before the expiration of an agreement made
1-60 under this Act, the agreement may be modified by the parties to the
1-61 agreement to include other provisions that could have been included
1-62 in the original agreement or to delete provisions that were not
1-63 necessary to the original agreement. The modification must be made
1-64 by the same procedure by which the original agreement was approved
2-1 and executed. The original agreement may not be modified to extend
2-2 beyond 30 [10] years from the date of the original agreement.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force from and after its
2-9 passage, and it is so enacted.
2-10 * * * * *