1-1 AN ACT
1-2 relating to the creation and powers of a neighborhood empowerment
1-3 zone.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 12, Local Government Code, is
1-6 amended by adding Chapter 378 to read as follows:
1-7 CHAPTER 378. NEIGHBORHOOD EMPOWERMENT ZONE
1-8 Sec. 378.001. DEFINITION. In this chapter, "zone" means a
1-9 neighborhood empowerment zone created by a municipality under this
1-10 chapter.
1-11 Sec. 378.002. CREATION OF ZONE. A municipality may create a
1-12 neighborhood empowerment zone covering a part of the municipality
1-13 if the municipality determines the creation of the zone would
1-14 promote:
1-15 (1) the creation of affordable housing, including
1-16 manufactured housing, in the zone;
1-17 (2) an increase in economic development in the zone;
1-18 (3) an increase in the quality of social services,
1-19 education, or public safety provided to residents of the zone; or
1-20 (4) the rehabilitation of affordable housing in the
1-21 zone.
1-22 Sec. 378.003. ADOPTION OF ZONE. (a) A municipality may
1-23 create a zone if the governing body of the municipality adopts a
1-24 resolution containing:
2-1 (1) the determination described by Section 378.002;
2-2 (2) a description of the boundaries of the zone;
2-3 (3) a finding by the governing body that the creation
2-4 of the zone benefits and is for the public purpose of increasing
2-5 the public health, safety, and welfare of the persons in the
2-6 municipality; and
2-7 (4) a finding by the governing body that the creation
2-8 of the zone satisfies the requirements of Section 312.202, Tax
2-9 Code.
2-10 (b) A municipality may create more than one zone and may
2-11 include an area in more than one zone.
2-12 Sec. 378.004. MUNICIPAL POWERS. In addition to other powers
2-13 that a municipality may exercise, a municipality may:
2-14 (1) waive or adopt fees related to the construction of
2-15 buildings in the zone, including fees related to the inspection of
2-16 buildings and impact fees;
2-17 (2) enter into agreements, for a period of not more
2-18 than 10 years, for the purpose of benefiting the zone, for sales
2-19 tax refunds or abatements of municipal sales tax on sales made in
2-20 the zone;
2-21 (3) enter into agreements abating municipal property
2-22 taxes on property in the zone subject to the duration limits of
2-23 Section 312.204, Tax Code; and
2-24 (4) set baseline performance standards, such as the
2-25 Energy Star Program as developed by the Department of Energy, to
2-26 encourage the use of alternative building materials that address
2-27 concerns relating to the environment or to the building costs,
3-1 maintenance, or energy consumption.
3-2 SECTION 2. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 313 was passed by the House on April
21, 1999, by the following vote: Yeas 139, Nays 4, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 313 was passed by the Senate on May
17, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor