By Lewis of Tarrant                                   H.B. No. 1934
         76R3434 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to tax increment financing.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 311.009, Tax Code, is amended by adding
 1-5     Subsection (g) to read as follows:
 1-6           (g)  A person is not ineligible for appointment to the board
 1-7     because the person is a member of the governing body of a taxing
 1-8     unit that levies taxes on real property in the zone.
 1-9           SECTION 2.  Sections 311.013(b) and (f)-(i), Tax Code, are
1-10     amended to read as follows:
1-11           (b)  Each taxing unit shall pay into the tax increment fund
1-12     for the zone an amount equal to the tax increment produced by the
1-13     unit, less the sum of:
1-14                 (1)  property taxes produced from the tax increments
1-15     that are, by contract executed before the designation of the area
1-16     as a reinvestment zone, required to be paid by the unit to another
1-17     political subdivision; and
1-18                 (2)  a portion, not to exceed 15 percent, of the tax
1-19     increment produced by the unit as provided by the reinvestment zone
1-20     financing plan or a larger portion as provided by Subsection (f)
1-21     [or (g)].
1-22           (f)  [The governing body of a taxing unit that taxes real
1-23     property located in the zone may determine the portion of the tax
1-24     increment produced by the taxing unit that the taxing unit will
 2-1     retain from the tax increment and may decide to retain all of that
 2-2     tax increment. The determination is not effective unless the
 2-3     governing body of the taxing unit notifies the board of directors
 2-4     of the zone in writing of its determination under this subsection
 2-5     on or before the 60th day after the date on which the governing
 2-6     body of the municipality approves the reinvestment zone financing
 2-7     plan as provided by Section 311.011(d).  The governing body of the
 2-8     taxing unit may not decrease the portion of the tax increment that
 2-9     it has determined to dedicate to a reinvestment zone fund after the
2-10     project plan is approved.]
2-11           [(g)]  A taxing unit is not required to pay into the tax
2-12     increment fund any of its tax increment produced from property
2-13     located in a reinvestment zone designated under Section
2-14     311.005(a)(5) or in an area added to a reinvestment zone under
2-15     Section 311.007(b) unless the taxing unit enters into an agreement
2-16     to do so with the governing body of the municipality that created
2-17     the zone.  A taxing unit may enter into an agreement under this
2-18     subsection at any time before or after the zone is created or
2-19     enlarged.  The agreement may include conditions for payment of that
2-20     tax increment into the fund and must specify the portion of the tax
2-21     increment to be paid into the fund and the years for which that tax
2-22     increment is to be paid into the fund.  The agreement and the
2-23     conditions in the agreement are binding on the taxing unit, the
2-24     municipality, and the board of directors of the zone.
2-25           (g) [(h)]  In lieu of permitting a portion of its tax
2-26     increment to be paid into the tax increment fund, and
2-27     notwithstanding the provisions of Section 312.203, a taxing unit,
 3-1     other than a city, may elect to offer the owners of taxable real
 3-2     property in a reinvestment zone created under this chapter an
 3-3     exemption from taxation of all or part of the value of the
 3-4     property.  Any agreement concerning an exemption from ad valorem
 3-5     taxes shall be executed in the manner and subject to the
 3-6     limitations of Chapter 312; provided, however, the property covered
 3-7     by the agreement need not be in a zone created pursuant to Chapter
 3-8     312.  A taxing unit may not offer a tax abatement agreement to
 3-9     property owners in the zone after it has entered into an agreement
3-10     that its tax increments would be paid into the tax increment fund
3-11     pursuant to Subsection (f) [(g)].
3-12           (h) [(i)]  Subsection [Subsections] (f) does [and (g) do] not
3-13     apply to a city with a population of more than 230,000 that borders
3-14     Mexico.
3-15           (i)  Notwithstanding Subsection (c), a taxing unit is not
3-16     required to pay into a tax increment fund the applicable portion of
3-17     a tax increment attributable to delinquent taxes until those taxes
3-18     are collected.
3-19           SECTION 3.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended,
3-24     and that this Act take effect and be in force from and after its
3-25     passage, and it is so enacted.