Amend CSHB 2684 as follows:
1) in SECTION 2 (page 1, line 60, committee printing), after
"buildings", strike ", or the replacement of <replacing> housing or
areas of public assembly in or out of the zone." and insert ". An
agreement may dedicate revenue from the tax increment fund to pay
the costs of providing affordable housing or areas of public
assembly in or out of the zone.";
2) add a new appropriately-numbered section to read as follows:
SECTION ____. Section 311.011, Tax Code, is amended by adding
Subsection (g) to read as follows:
(g) An amendment to the project plan or the reinvestment zone
financing plan for a zone does not apply to a school district that
participates in the zone unless the governing body of the school
district by official action approves the amendment, if the
amendment:
(1) has the effect of directly or indirectly increasing the
percentage or amount of the tax increment to be contributed by the
school district; or
(2) requires or authorizes the municipality creating the zone
to issue additional tax increment bonds or notes.
3) In SECTION 6 (page 3, line 5, committee printing), amend
Section 311.013, Tax Code, by adding a new subsection (k) to read
as follows:
(k) A school district is not required to pay into the tax
increment fund any of its tax increment produced from property
located in an area added to the reinvestment zone under Section
311.007 (a) or (b) unless the governing body of the school district
enters into an agreement to do so with the governing body of the
municipality that created the zone, including a municipality
described by Subsection (h). The governing body of a school
district may enter into an agreement under this subsection at any
time before or after the zone is created or enlarged. The
agreement may include conditions for payment of that tax increment
into the fund and must specify the portion of the tax increment to
be paid into the fund and the years for which that tax increment is
to be paid into the fund. The agreement and the conditions in the
agreement are binding on the school district, the municipality, and
the board of directors of the zone.
4) In Section 10 (page 4, line 60, committee printing), amend
Section 403.302(d)(3) as follows:
(3) subject to Subsection (e), the total dollar amount
of any captured appraised value of property that:
(A) is within a reinvestment zone created on or
before May 31, 1999, or is proposed to be included within the
boundaries of a reinvestment zone as the boundaries of the zone and
the proposed portion of tax increment paid into the tax increment
fund by a school district are described in a written notification
provided by the municipality or the board of directors of the zone
to the governing bodies of the other taxing units in the manner
provided in Section 311.003(e) of the Tax Code prior to May 31,
1999, and within the boundaries of the zone as those boundaries
existed on September 1, 1999, including subsequent improvements to
the property regardless of when made;
(B) generates taxes paid into a tax increment
fund created under Chapter 311, Tax Code, under a reinvestment zone
financing plan that is approved under Section 311.011(d), Tax Code,
on or before September 1, 1999; and
(C) is eligible for tax increment financing
under Chapter 311, Tax Code <is located in a reinvestment zone on
August 31, 1999, that generates a tax increment paid into a tax
increment fund, and is eligible for tax increment financing under
Chapter 311, Tax Code, under a reinvestment zone financing plan
approved under Section 311.011(d), Tax Code, before September 1,
1999>.
5) strike SECTION 11 (line 5, page 22, committee printing) and
insert a new SECTION 11 to read as follows:
SECTION 11. Sections 403.302(e)-(g), Government Code, are
amended to read as follows:
(e) The total dollar amount deducted in each year as
required by Subsection (d)(3) in a reinvestment zone created after
January 1, 1999, may not exceed the captured appraised value
estimated for that year as required by Section 311.011(c)(8), Tax
Code, in the reinvestment zone financing plan approved under
Section 311.011(d), Tax Code, before September 1, 1999. The number
of years for which the total dollar amount may be deducted under
Subsection (d)(3) shall for any zone, including those created on or
before January 1, 1999, be limited to the duration of the zone as
specified as required by Section 311.011(c)(9), in the reinvestment
zone financing plan approved under Section 311.011(d), Tax Code,
before September 1, 1999. The total dollar amount deducted under
Subsection (d)(3) for any zone, including those created on or
before January 1, 1999, may not be increased by any reinvestment
zone financing plan amendments that occur after August 31, 1999.
The total dollar amount deducted under Subsection (d)(3) for any
zone, including those created on or before January 1, 1999, may not
be increased by a change made after August 31, 1999, in the portion
of the tax increment retained by the school district.
(f) The study shall determine the values as of January 1 of
each year.
(g) <(f)> The comptroller shall publish preliminary
findings, listing values by district, before February 1 of the
year following the year of the study. Preliminary findings shall
be delivered to each school district and shall be certified to the
commissioner of education.
(h) <(g)> On request of the commissioner of education or a
school district, the comptroller may audit a school district to
determine the total taxable value of property in the school
district, including the productivity values of land only if the
land qualifies for appraisal on that basis and the owner of the
land has applied for and received a productivity appraisal. The
comptroller shall certify the comptroller's findings to the
commissioner.
6) in SECTION 15 (page 6, line 29, committee printing), strike
"application" and insert "effective date";
7) in SECTION 15 (page 6, line 30, committee printing), strike
"application" and insert "effective".
8) Add a new appropriately-numbered section to read as follows:
SECTION ____. Section 42.302 (b), Education Code, is amended to
read as follows:
(b) In computing the district enrichment and facilities tax
rate of a school district, the total amount of taxes collected by
the school district does not include the amount of:
(1) the district's local fund assignment under Section
42.252;
(2) taxes collected to pay the local share of the cost of an
instructional facility for which the district receives state
assistance under Chapter 46; or
(3) taxes paid into a tax increment fund under Chapter 311,
Tax Code, under a reinvestment zone financing plan approved after
August 31, 1997, under Section 311.011 (d), Tax Code.