SRC-DPW S.B. 1061 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1061
76R2651 CLG-DBy: Bivins
Education
3/30/1999
As Filed


DIGEST 

Currently, cities may create certain nonprofit entities, referred to as 4B
corporations, without levying an economic development sales tax.  The 4B
corporations are created to administer local economic development sales tax
funds.  The 4B corporations may also exercise eminent domain with the
approval of the governing body of the municipality, issue bonds, make
secured and unsecured loans, and own, lease, and sell projects.  Most
cities create 4B corporations to administer a locally approved economic
development sales tax, but at least two 4B corporations have been formed
without passing the tax. These 4B corporations then lease property to other
entities.  School taxes are not collected on property leased by the 4B
corporation to another entity.  This bill would set forth provisions
regarding ad valorem taxation of a certain leaseholder or other possessory
interests in real property constituting a certain project of an industrial
development corporation. 

PURPOSE

As proposed, S.B. 1061 subjects certain leaseholds or other possessory
interests in real property constituting a certain project of an industrial
development corporation to ad valorem taxation. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 4B(k), Article 5190.6, V.T.C.S. (Development
Corporation Act of 1979), to provide that a leasehold or other possessory
interest in real property constituting a project (project) is subject to ad
valorem taxation under Section 25.07(a), Tax Code, except for projects
entered into by corporations before September 1, 1999, which are covered by
provisions of this subsection governing ad valorem taxation or other
possessory interests that were in effect on the date the agreement was
executed.  Deletes a provision regarding the inapplicability of certain
sections to leaseholds.  Makes nonsubstantive changes. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.