By Oliveira                                           H.B. No. 1973
         76R1569 SMH-D                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to property tax increment financing and property tax
 1-3     abatements.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11.43, Tax Code, is amended by adding
 1-6     Subsection (l) to read as follows:
 1-7           (l)  An application for an exemption under Section 11.28 must
 1-8     include:
 1-9                 (1)  a copy of the certification of the governing body
1-10     of the taxing unit issued for the tax year under Section
1-11     312.212(d); and
1-12                 (2)  any notice under Section 312.205(a)(8) that the
1-13     agreement has been modified under that subsection.
1-14           SECTION 2.  Section 11.45(c), Tax Code, is amended to read as
1-15     follows:
1-16           (c)  The chief appraiser shall determine the validity of each
1-17     application for exemption filed with the chief appraiser [him]
1-18     before the chief appraiser [he] submits the appraisal records for
1-19     review and determination of protests as provided by Chapter 41 [of
1-20     this code].  The chief appraiser shall rely on a certification
1-21     issued under Section 312.212(d) for the accuracy of the facts
1-22     stated in the certification.
1-23           SECTION 3.  Section 111.301(a), Tax Code, is amended to read
1-24     as follows:
 2-1           (a)  An eligible person is entitled to a refund of state
 2-2     sales and use taxes imposed under Chapter 151 and state franchise
 2-3     taxes imposed under Chapter 171 paid in a calendar year for which
 2-4     the person paid ad valorem taxes to a school district on property
 2-5     that in that year is:
 2-6                 (1)  located in a reinvestment zone established under
 2-7     Chapter 312;
 2-8                 (2)  exempt in whole or in part from the payment of ad
 2-9     valorem taxes imposed by a municipality or a county under a tax
2-10     abatement agreement entered into with the municipality under
2-11     Section 312.204 or 312.211 or the county under Section 312.402
2-12     [Chapter 312]; and
2-13                 (3)  not subject to a tax abatement agreement entered
2-14     into by the school district.
2-15           SECTION 4.  Section 311.016(b), Tax Code, is amended to read
2-16     as follows:
2-17           (b)  A copy of a report made under this section shall be sent
2-18     to the comptroller.  The comptroller may require a municipality to
2-19     provide a summary of the report, together with any additional
2-20     information the comptroller determines necessary, on a form
2-21     prescribed by the comptroller [attorney general].
2-22           SECTION 5.  Section 312.004(a), Tax Code, is amended to read
2-23     as follows:
2-24           (a)  The commissioners court of a county that enters into a
2-25     tax abatement agreement for a county may enter into a tax abatement
2-26     agreement applicable to the same property on behalf of a taxing
2-27     unit other than the county if [If] by statute the ad valorem tax
 3-1     rate of the other [a] taxing unit [other than a county] is approved
 3-2     by the commissioners court [of a county] or the [if a]
 3-3     commissioners court is expressly required by statute to levy the ad
 3-4     valorem taxes of the other [a] taxing unit.  The tax abatement
 3-5     agreement entered into on behalf of the other taxing unit is not
 3-6     required to contain the same terms as the tax abatement agreement
 3-7     entered into on behalf of the county [other than a county, a tax
 3-8     abatement agreement executed by the commissioners court for county
 3-9     taxes also applies to the taxation by the taxing unit of the
3-10     property subject to the agreement, if that property is otherwise
3-11     taxable by the taxing unit].
3-12           SECTION 6.  Section 312.005, Tax Code, is amended to read as
3-13     follows:
3-14           Sec. 312.005.  STATE ADMINISTRATION.  (a)  The comptroller
3-15     shall maintain a central registry of reinvestment zones designated
3-16     under this chapter and of ad valorem tax abatement agreements
3-17     executed under this chapter.
3-18           (b)  Each taxing unit that designates a reinvestment zone or
3-19     executes a tax abatement agreement under this chapter shall deliver
3-20     to the comptroller before April 1 of the year following the year in
3-21     which the zone is designated or the agreement is executed a report
3-22     providing the following information:
3-23                 (1)  for a reinvestment zone, [a general description of
3-24     the zone, including its size, the types of property located in it,
3-25     its duration, and] the guidelines and criteria established for the
3-26     [reinvestment] zone under Section 312.002, including subsequent
3-27     amendments and modifications of the guidelines or criteria; and
 4-1                 (2)  for a tax abatement agreement:
 4-2                       (A)  a copy of the [each tax abatement]
 4-3     agreement;
 4-4                       (B)  the name of each party to the agreement;
 4-5                       (C)  a statement of whether the agreement applies
 4-6     to real property, tangible personal property, or both;
 4-7                       (D)  the portion of the value of the property
 4-8     that is exempt from taxation in each year covered by the agreement;
 4-9                       (E)  the appraised value of the property before
4-10     the agreement takes effect;
4-11                       (F)  an estimate of any loss in ad valorem tax
4-12     revenue from the property during the term of the agreement;
4-13                       (G)  a statement of whether the business
4-14     conducted on the property is new or existing;
4-15                       (H)  the standard industrial classification, if
4-16     applicable, of the business conducted on the property;
4-17                       (I)  an estimate of the number of any jobs to be
4-18     created or retained by the business conducted on the property
4-19     during the term of the agreement;
4-20                       (J)  an estimate of the payroll of any jobs
4-21     described by Paragraph (I);
4-22                       (K)  an estimate of the timing of creation of any
4-23     jobs described by Paragraph (I);
4-24                       (L)  an estimate of the amount of any capital to
4-25     be invested by the property owner in the property during the term
4-26     of the agreement;
4-27                       (M)  an estimate of the timing of any capital
 5-1     investments described by Paragraph (L);
 5-2                       (N)  a copy of the analysis of costs and benefits
 5-3     required by Section 312.2035; and
 5-4                       (O)  any other information required by the
 5-5     comptroller.
 5-6           (c)  A taxing unit that executes a tax abatement agreement
 5-7     but does not comply with Subsection (b)(2) may not enter into
 5-8     another tax abatement agreement until the taxing unit complies with
 5-9     that subsection [to which the taxing unit is a party; and]
5-10                 [(3)  any other information required by the comptroller
5-11     to administer this section and Subchapter F, Chapter 111].
5-12           (d) [(b)]  The comptroller and the Texas Department of
5-13     Economic Development may provide assistance to a taxing unit on
5-14     request of its  governing body or the presiding officer of its
5-15     governing body relating to the administration of this chapter.  The
5-16     Texas Department of Economic Development [Commerce] and the
5-17     comptroller may provide technical assistance to a local governing
5-18     body regarding the designation of reinvestment zones, the adoption
5-19     of tax abatement guidelines, and the execution of tax abatement
5-20     agreements.
5-21           (e)  On or before November 1 of each even-numbered year, the
5-22     comptroller shall:
5-23                 (1)  prepare a comprehensive report on the use of tax
5-24     abatements in encouraging economic development in this state; and
5-25                 (2)  deliver a copy of the report to:
5-26                       (A)  the governor, lieutenant governor, and
5-27     speaker of the house of representatives; and
 6-1                       (B)  a taxing unit on request.
 6-2           SECTION 7.  Subchapter A, Chapter 312, Tax Code, is amended
 6-3     by adding Section 312.007 to read as follows:
 6-4           Sec. 312.007.  PROPERTY TAX ABATEMENT ADVISORY COMMITTEE.
 6-5     (a)  The Property Tax Abatement Advisory Committee is created.
 6-6           (b)  The committee is composed of five members who are
 6-7     designated by the executive director of the Texas Department of
 6-8     Economic Development and reflect the diverse population of the
 6-9     state.  Two members must be municipal or county officials, and the
6-10     three other members must have economic development experience.
6-11           (c)  The committee shall elect a presiding officer from among
6-12     its members.
6-13           (d)  The committee shall meet at least twice a year and may
6-14     meet at other times at the call of the presiding officer.  The
6-15     committee is subject to Chapter 551, Government Code.
6-16           (e)  The committee may adopt rules for the committee's
6-17     internal procedures.
6-18           (f)  Members of the committee are not entitled to
6-19     compensation for service on the committee.
6-20           (g)  The department shall provide staff support for the
6-21     committee.
6-22           (h)  Not later than September 1, 2000, the committee shall
6-23     deliver to the governor, lieutenant governor, speaker of the house
6-24     of representatives, executive director of the department, and
6-25     comptroller a report containing model:
6-26                 (1)  guidelines and criteria for tax abatement;
6-27                 (2)  tax abatement proposal forms for submission by
 7-1     property owners to taxing units;
 7-2                 (3)  tax abatement agreements, including:
 7-3                       (A)  performance standards; and
 7-4                       (B)  provisions for recapturing property tax
 7-5     revenue under Section 312.205(a)(7) and for the payment of
 7-6     penalties and interest under Section 312.205(b)(4); and
 7-7                 (4)  analyses of costs and benefits under Section
 7-8     312.2035.
 7-9           (i)  In preparing the report required by Subsection (h), the
7-10     committee shall consider the diverse characteristics and economic
7-11     development goals of communities throughout the state.
7-12           (j)  The department shall furnish to a taxing unit on request
7-13     a copy of the report.
7-14           (k)  This section expires and the committee is abolished
7-15     September 1, 2000.
7-16           SECTION 8.  Subchapter B, Chapter 312, Tax Code, is amended
7-17     by adding Sections 312.2035 and 312.2045 to read as follows:
7-18           Sec. 312.2035.  ANALYSIS OF COSTS AND BENEFITS.  (a)  A
7-19     municipality must perform an analysis of the costs and benefits of
7-20     a proposed tax abatement agreement before the municipality may
7-21     enter into the agreement under this subchapter.
7-22           (b)  The costs examined must include:
7-23                 (1)  an estimate of any loss in ad valorem tax revenue
7-24     from the property covered by the agreement during the term of the
7-25     agreement;
7-26                 (2)  the impact of the agreement on the municipality's
7-27     ability to provide services; and
 8-1                 (3)  any other cost the municipality determines to be
 8-2     significant.
 8-3           (c)  The benefits examined must include:
 8-4                 (1)  an estimate of the number of any jobs to be
 8-5     created or retained by the property owner in the reinvestment zone
 8-6     during the term of the agreement;
 8-7                 (2)  an estimate of the payroll of any jobs described
 8-8     by Subdivision (1);
 8-9                 (3)  an estimate of the timing of creation of any jobs
8-10     described by Subdivision (1);
8-11                 (4)  an estimate of the amount of any capital
8-12     investments to be made by the property owner in the reinvestment
8-13     zone during the term of the agreement;
8-14                 (5)  an estimate of the timing of any capital
8-15     investments described by Subdivision (4);
8-16                 (6)  an estimate of any increase in local sales tax
8-17     revenue to be generated by the property owner in the reinvestment
8-18     zone during the term of the agreement; and
8-19                 (7)  any other benefit the municipality determines to
8-20     be significant.
8-21           (d)  A municipality may not enter into a tax abatement
8-22     agreement for which the analysis shows that the costs exceed the
8-23     benefits.
8-24           Sec. 312.2045.  NOTICE OF TAX ABATEMENT AGREEMENT.  (a)  A
8-25     municipality that enters into a tax abatement agreement shall
8-26     either, at the option of the municipality:
8-27                 (1)  publish notice of the agreement not later than the
 9-1     seventh day after the date the agreement is entered into in a
 9-2     newspaper that is published daily in each county in which the
 9-3     municipality is located; or
 9-4                 (2)  post notice of the agreement not later than the
 9-5     seventh day after the date the agreement is entered into at each
 9-6     place where the governing body of a municipality is required by
 9-7     Chapter 551, Government Code, to post notice of its meetings.
 9-8           (b)  The notice must include:
 9-9                 (1)  the name of each party to the tax abatement
9-10     agreement;
9-11                 (2)  the portion of the value of the property that is
9-12     exempt from taxation in each year covered by the agreement; and
9-13                 (3)  a summary of the analysis of costs and benefits
9-14     required by Section 312.2035.
9-15           SECTION 9.  Section 312.205, Tax Code, is amended to read as
9-16     follows:
9-17           Sec. 312.205.  SPECIFIC TERMS OF TAX ABATEMENT AGREEMENT.
9-18     (a) An agreement made under Section 312.204 or 312.211 must:
9-19                 (1)  list the kind, number, and location of all
9-20     proposed improvements of the property to which the agreement
9-21     applies;
9-22                 (2)  provide access to and authorize inspection of the
9-23     property by municipal employees to ensure that the improvements or
9-24     repairs are made according to the specifications and conditions of
9-25     the agreement;
9-26                 (3)  limit the uses of the property consistent with the
9-27     general purpose of encouraging development or redevelopment of the
 10-1    zone during the period that property tax exemptions are in effect;
 10-2                (4)  contain each term agreed to by the property owner,
 10-3    including:
 10-4                      (A)  an estimate of the number of any jobs to be
 10-5    created or retained by the property owner in the reinvestment zone
 10-6    during the term of the agreement;
 10-7                      (B)  an estimate of the timing of creation of any
 10-8    jobs described by Paragraph (A);
 10-9                      (C)  an estimate of the payroll of any jobs
10-10    described by Paragraph (A);
10-11                      (D)  an estimate of the amount of any capital
10-12    investments to be made by the property owner in the reinvestment
10-13    zone during the term of the agreement; and
10-14                      (E)  an estimate of the timing of any capital
10-15    investments described by Paragraph (D);
10-16                (5)  require the property owner to certify before
10-17    February 1 of each year to the governing body of each taxing unit
10-18    whether the owner is in compliance with each applicable term of the
10-19    agreement and, if not, state the reason for the noncompliance;
10-20                (6)  state any circumstances under which the property
10-21    owner may be excused by the governing body of the municipality for
10-22    failing to comply with the agreement;
10-23                (7)  provide for recapture by the governing body of the
10-24    municipality of all or part of the [recapturing] property tax
10-25    revenue lost as  a result of the agreement if the owner of the
10-26    property fails to make the improvements or repairs as provided by
10-27    the agreement or fails to comply with any performance standard
 11-1    contained in the agreement; and
 11-2                (8) [(5)  contain each term agreed to by the owner of
 11-3    the property;]
 11-4                [(6)  require the owner of the property to certify
 11-5    annually to the governing body of each taxing unit that the owner
 11-6    is in compliance with each applicable term of the agreement; and]
 11-7                [(7)]  provide for cancellation or modification of the
 11-8    agreement by [that] the governing body of the municipality [may
 11-9    cancel or modify  the agreement] if the property owner fails to
11-10    comply with the agreement and for written notice of the
11-11    cancellation or modification.
11-12          (b)  An agreement made under Section 312.204 or 312.211 may
11-13    include[, at the option of the governing body of the municipality,]
11-14    provisions for:
11-15                (1)  the use to be made by the property owner of local
11-16    suppliers during the term of the agreement;
11-17                (2)  health benefits and child care during the term of
11-18    the agreement for employees of the property owner who work at the
11-19    property covered by the agreement;
11-20                (3)  the percentage of any jobs to be created under
11-21    Subsection (a)(4)(A) to be given to economically disadvantaged
11-22    individuals as defined by Section 2303.402, Government Code;
11-23                (4)  payment of a penalty in a specified amount and
11-24    interest at a specified rate if the municipality is entitled to
11-25    recapture lost property tax revenue under Subsection (a)(7);
11-26                (5)  improvements or repairs by the municipality to
11-27    streets, sidewalks, and utility services or facilities associated
 12-1    with the property, except that the agreement may not provide for
 12-2    lower charges or rates than are made for other services or
 12-3    properties of a similar character;
 12-4                (6) [(2)  an economic feasibility study, including a
 12-5    detailed list of estimated improvement costs, a description of the
 12-6    methods of financing all estimated costs, and the time when related
 12-7    costs or monetary obligations are to be incurred;]
 12-8                [(3)]  a map showing existing uses and conditions of
 12-9    real property in the reinvestment zone;
12-10                (7) [(4)]  a map showing proposed improvements and uses
12-11    in the reinvestment zone; and
12-12                (8) [(5)]  proposed changes of zoning ordinances, the
12-13    master plan, the map, building codes, and city ordinances.
12-14          SECTION 10.  Section 312.206(a), Tax Code, is amended to read
12-15    as follows:
12-16          (a)  If property taxes on property located in the taxing
12-17    jurisdiction of a municipality are abated under an agreement made
12-18    under Section 312.204 or 312.211, the governing body of each other
12-19    taxing unit eligible to enter into tax abatement agreements under
12-20    Section 312.002 in which the property is located may execute a
12-21    written tax abatement agreement with the owner of the property not
12-22    later than the 90th day after the date the municipal agreement is
12-23    executed.    The agreement is not required to [must] contain terms
12-24    identical to those contained in the agreement with the municipality
12-25    [providing for the portion of the property that is to be exempt
12-26    from taxation under the agreement, the duration of the agreement,
12-27    and the provisions included in the agreement under Section 312.205,
 13-1    even if the value of the property at the time the agreement is
 13-2    executed is not the same as its value when the municipal agreement
 13-3    was executed and even if improvements or repairs have been made to
 13-4    the property since the municipal agreement was executed].  If the
 13-5    governing body of the taxing unit by official action at any time
 13-6    before the execution of the municipal agreement expresses an intent
 13-7    to [enter into an agreement with the owner of property under this
 13-8    subsection or to] be bound by the terms of the municipal agreement
 13-9    if the municipality enters into an agreement under Section 312.204
13-10    or 312.211 with the owner relating to the property, the terms of
13-11    the municipal agreement regarding the share of the property to be
13-12    exempt in each year of the municipal agreement apply to the
13-13    taxation of the property by the taxing unit.  Sections 312.2035,
13-14    312.2045, and 312.205  apply to a taxing unit that enters into a
13-15    tax abatement agreement under this section [If the taxing unit that
13-16    expressed its intent to enter into an agreement or to be bound by
13-17    the municipal agreement is a county, those terms of the municipal
13-18    agreement also apply to the taxation of the property by a taxing
13-19    unit in the county to which a county tax abatement agreement would
13-20    apply under Section 312.004].
13-21          SECTION 11.  Subchapter B, Chapter 312, Tax Code, is amended
13-22    by adding Sections 312.212 and 312.213 to read as follows:
13-23          Sec. 312.212.  CERTIFICATION OF COMPLIANCE.  (a)  The
13-24    governing body of a taxing unit that is a party to a tax abatement
13-25    agreement shall, before March 1 of each year, determine in the
13-26    manner provided by law for official action of the governing body
13-27    whether each property owner receiving a tax abatement under the
 14-1    agreement is in compliance with each term of the agreement and, if
 14-2    not, whether the noncompliance is excused.
 14-3          (b)  The governing body shall consider any certification
 14-4    furnished by the property owner under Section 312.205(a)(5).  The
 14-5    governing body may require the property owner to present additional
 14-6    evidence the governing body considers necessary to make the
 14-7    determination.  The burden of proof is on the property owner to
 14-8    show that the property owner is in compliance with each term of the
 14-9    agreement.
14-10          (c)  Each property owner who is a party to the tax abatement
14-11    agreement is entitled to a hearing and to present evidence before
14-12    the governing body of the taxing unit in person or by a
14-13    representative on the issue of compliance with the terms of the
14-14    agreement.
14-15          (d)  The governing body shall certify in writing to the
14-16    property owner whether the owner is in compliance with each term of
14-17    the tax abatement agreement and, if not, whether the noncompliance
14-18    is excused.
14-19          Sec. 312.213.  ACTION BY TAXING UNIT ON NONCOMPLIANCE.
14-20    (a)  Except as provided by Subsection (b), if a property owner
14-21    fails to comply with a tax abatement agreement, the governing body
14-22    of the taxing unit shall:
14-23                (1)  recapture all or part of the property tax revenue
14-24    lost as a result of the agreement as provided by Section
14-25    312.205(a)(7); and
14-26                (2)  cancel or modify the agreement and give written
14-27    notice of the cancellation or modification as provided by Section
 15-1    312.205(a)(8).
 15-2          (b)  The governing body of the taxing unit may excuse the
 15-3    property owner's failure to comply with the agreement under a
 15-4    circumstance stated in the tax abatement agreement as provided by
 15-5    Section 312.205(a)(6).
 15-6          SECTION 12.  Sections 312.402(a), (c), and (e), Tax Code, are
 15-7    amended to read as follows:
 15-8          (a)  The commissioners court may execute a tax abatement
 15-9    agreement with the owner of taxable real property located in a
15-10    reinvestment zone designated under this subchapter.  [The
15-11    execution, duration, and other terms of an agreement made under
15-12    this section are governed by the provisions of] Sections
15-13    312.2035-312.205 apply [312.204, 312.205, and 312.211 applicable]
15-14    to [a municipality.  Section 312.2041 applies to] an agreement made
15-15    by a county under this section in the same manner as those sections
15-16    apply [it applies] to an agreement made by a municipality [under
15-17    Section 312.204  or 312.211].
15-18          (c)  If [on or after September 1, 1989,] property subject to
15-19    an agreement with a county under this section is annexed by a
15-20    municipality during the existence of the agreement, the terms of
15-21    the county agreement regarding the share of the property to be
15-22    exempt in each year of the agreement apply to the taxation of the
15-23    property by the municipality if before the annexation the governing
15-24    body of the municipality by official action expresses an intent to
15-25    [enter into an agreement with the owner of the property to abate
15-26    taxes on the property if it is annexed or to] be bound by the terms
15-27    of the county agreement after annexation[, even if that official
 16-1    action of the governing body of the municipality expressing that
 16-2    intent occurs before September 1, 1989].
 16-3          (e)  An agreement made under this section by a county or
 16-4    other taxing unit is subject to certification and may be canceled,
 16-5    modified, or terminated in the same manner and subject to the same
 16-6    limitations as provided by Sections [Section] 312.208, 312.212, and
 16-7    312.213 for an agreement made under Subchapter B.
 16-8          SECTION 13.  As soon as practicable on or after the effective
 16-9    date of this Act, the attorney general shall transfer to the
16-10    comptroller the copies of the reports by governing bodies of
16-11    municipalities on the status of reinvestment zones consistent with
16-12    this Act.
16-13          SECTION 14.  The executive director of the Texas Department
16-14    of Economic Development shall designate the members of the Property
16-15    Tax Abatement Advisory Committee as soon as practicable on or after
16-16    the effective date of this Act.
16-17          SECTION 15.  (a)  Except as provided by Subsection (b) of
16-18    this section, this Act applies only to a tax abatement agreement
16-19    entered into on or after the effective date of this Act.  A tax
16-20    abatement agreement entered into before the effective date of this
16-21    Act is governed by the law as it existed immediately before the
16-22    effective date of this Act, and that law is continued in effect for
16-23    that purpose.
16-24          (b)  Sections 11.45(c) and 312.402(e), Tax Code, as amended
16-25    by this Act, and Sections 11.43(l), 312.212, and 312.213, Tax Code,
16-26    as added by this Act, apply to a tax abatement agreement entered
16-27    into before, on, or after the effective date of this Act.
 17-1          (c)  This Act applies only to ad valorem taxes imposed on or
 17-2    after January 1, 2000.
 17-3          SECTION 16.  This Act takes effect September 1, 1999.
 17-4          SECTION 17.  The importance of this legislation and the
 17-5    crowded condition of the calendars in both houses create an
 17-6    emergency and an imperative public necessity that the
 17-7    constitutional rule requiring bills to be read on three several
 17-8    days in each house be suspended, and this rule is hereby suspended.