1-1                                   AN ACT
 1-2     relating to reinvestment zones and tax increment financing under
 1-3     the Tax Increment Financing Act, tax abatement agreements within
 1-4     those zones, and the administration of certain local government
 1-5     corporations.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 311.004(a), Tax Code, is amended to read
 1-8     as follows:
 1-9           (a)  The ordinance designating an area as a reinvestment zone
1-10     must:
1-11                 (1)  describe the boundaries of the zone with
1-12     sufficient definiteness to identify with ordinary and reasonable
1-13     certainty the territory included in the zone;
1-14                 (2)  create a board of directors for the zone and
1-15     specify the number of directors of the board as provided by Section
1-16     311.009;
1-17                 (3)  provide that the zone take effect immediately upon
1-18     passage of the ordinance [on January 1 of the year following the
1-19     year in which the ordinance is adopted];
1-20                 (4)  provide a date for termination of the zone;
1-21                 (5)  assign a name to the zone for identification, with
1-22     the first zone created by a municipality designated as
1-23     "Reinvestment Zone Number One, City (or Town, as applicable) of
1-24     (name of municipality)" and subsequently created zones assigned
 2-1     names in the same form numbered consecutively in the order of their
 2-2     creation;
 2-3                 (6)  establish a tax increment fund for the zone; and
 2-4                 (7)  contain findings that:
 2-5                       (A)  improvements in the zone will significantly
 2-6     enhance the value of all the taxable real property in the zone and
 2-7     will be of general benefit to the municipality; and
 2-8                       (B)  the area meets the requirements of Section
 2-9     311.005.
2-10           SECTION 2.  Section 311.009, Tax Code, is amended by adding
2-11     Subsection (g) to read as follows:
2-12           (g)  A member of the board of directors of a reinvestment
2-13     zone:
2-14                 (1)  is not a public official by virtue of that
2-15     position; and
2-16                 (2)  unless otherwise ineligible, may be appointed to
2-17     serve concurrently on the board of directors of a local government
2-18     corporation created under Subchapter D, Chapter 431, Transportation
2-19     Code.
2-20           SECTION 3.  Section 311.010, Tax Code, is amended by amending
2-21     Subsections (a) and (b) and adding Subsections (d)-(f) to read as
2-22     follows:
2-23           (a)  The board of directors of a reinvestment zone shall make
2-24     recommendations to the governing body of the municipality that
2-25     created the zone concerning the administration of this chapter in
2-26     the zone.  The [In addition to the powers granted to the board
2-27     under this chapter, the] governing body of the municipality by
 3-1     ordinance or resolution may authorize [delegate to] the board to
 3-2     exercise any of the municipality's powers with respect to the
 3-3     administration, management, or operation of the zone or [and duties
 3-4     relating to] the implementation of the project plan for the zone,
 3-5     except that the governing body may not authorize the board to:
 3-6                 (1)  issue bonds;
 3-7                 (2)  impose taxes or fees;
 3-8                 (3)  exercise the power of eminent domain; or
 3-9                 (4)  give final approval to the project plan [considers
3-10     advisable].
3-11           (b)  The board of directors of a reinvestment zone and the
3-12     governing body of the municipality that creates a reinvestment zone
3-13     may each enter into agreements as the board or the governing body
3-14     considers necessary or convenient to implement the project plan and
3-15     reinvestment zone financing plan and achieve their purposes.  An
3-16     agreement may provide for the regulation or restriction of the use
3-17     of land by imposing conditions, restrictions, or covenants that run
3-18     with the land.  An agreement may during the term of the agreement
3-19     dedicate, pledge, or otherwise provide for the use of revenue in
3-20     [from] the tax increment fund to pay any project [the] costs that
3-21     benefit the reinvestment zone, including project costs relating to
3-22     the cost of buildings, schools, or other educational facilities
3-23     owned by or on behalf of a school district, community college
3-24     district, or other political subdivision of this state, railroad or
3-25     transit facilities, affordable housing, the remediation of
3-26     conditions that contaminate public or private land or buildings,
3-27     the preservation of the facade of a private or public building, or
 4-1     the demolition of public or private buildings.  An agreement may
 4-2     dedicate revenue from the tax increment fund to pay the costs of
 4-3     providing affordable [of replacing] housing or areas of public
 4-4     assembly in or out of the zone.  An agreement may dedicate revenue
 4-5     from the tax increment fund to pay a neighborhood enterprise
 4-6     association for providing services or carrying out projects
 4-7     authorized under Subchapters E and G, Chapter 2303, Government
 4-8     Code, in the zone.  The term of an agreement with a neighborhood
 4-9     enterprise association may not exceed 10 years.
4-10           (d)  The board of directors of a reinvestment zone may
4-11     exercise any power granted to a municipality by Section 311.008,
4-12     except that:
4-13                 (1)  the municipality that created the reinvestment
4-14     zone by ordinance or resolution may restrict any power granted to
4-15     the board by this chapter; and
4-16                 (2)  the board may exercise a power granted to a
4-17     municipality under Section 311.008(a)(2) only with the consent of
4-18     the governing body of the municipality.
4-19           (e)  After the governing body of a municipality by ordinance
4-20     creates a reinvestment zone under this chapter, the board of
4-21     directors of the zone may exercise any power granted to a board
4-22     under this chapter.
4-23           (f)  The board of directors of a reinvestment zone and the
4-24     governing body of the municipality may enter into a contract with a
4-25     local government corporation to manage the reinvestment zone or
4-26     implement the project plan and reinvestment zone financing plan for
4-27     the term of the agreement.  In this subsection, "local government
 5-1     corporation" means a local government corporation created by the
 5-2     municipality under Chapter 431, Transportation Code.
 5-3           SECTION 4.  Section 311.011, Tax Code, is amended by amending
 5-4     Subsection (f) and adding Subsection (g) to read as follows:
 5-5           (f)  In a zone designated under Section 311.005(a)(5) that is
 5-6     located in a county with a population of 2.1 million or more, the
 5-7     project plan must provide that at least one-third of the [surface
 5-8     area of the zone, excluding roads, streets, highways, utility
 5-9     rights-of-way, and other public areas or areas exempt from ad
5-10     valorem taxation, be dedicated to residential housing and that at
5-11     least one-third of the] tax increment of the zone be used to
5-12     provide affordable [dedicated to providing low-income] housing
5-13     during the term of the zone.
5-14           (g)  An amendment to the project plan or the reinvestment
5-15     zone financing plan for a zone does not apply to a school district
5-16     that participates in the zone unless the governing body of the
5-17     school district by official action approves the amendment, if the
5-18     amendment:
5-19                 (1)  has the effect of directly or indirectly
5-20     increasing the percentage or amount of the tax increment to be
5-21     contributed by the school district; or
5-22                 (2)  requires or authorizes the municipality creating
5-23     the zone to issue additional tax increment bonds or notes.
5-24           SECTION 5.  Section 311.012, Tax Code, is amended by amending
5-25     Subsections (a) and (b) to read as follows:
5-26           (a)  The amount of a taxing unit's tax increment for a year
5-27     is the amount of property taxes levied and collected by the unit
 6-1     for that year on the captured appraised value of real property
 6-2     taxable by the unit and located in a reinvestment zone.
 6-3           (b)  The captured appraised value of real property taxable by
 6-4     a taxing unit for a year is the total appraised value of all real
 6-5     [the] property taxable by the unit and located in a reinvestment
 6-6     zone for that year less the tax increment base of the unit.
 6-7           SECTION 6.  Chapter 311, Tax Code, is amended by adding
 6-8     Section 311.0125 to read as follows:
 6-9           Sec. 311.0125.  TAX ABATEMENT AGREEMENTS.  (a)
6-10     Notwithstanding any provision in this chapter to the contrary, a
6-11     taxing unit other than a school district may enter into a tax
6-12     abatement agreement with an owner of real or personal property in a
6-13     reinvestment zone, regardless of whether the taxing unit deposits
6-14     or agrees to deposit any portion of its tax increment into the tax
6-15     increment fund.
6-16           (b)  To be effective, an agreement to abate taxes on real
6-17     property in a reinvestment zone must be approved by:
6-18                 (1)  the board of directors of the reinvestment zone;
6-19     and
6-20                 (2)  the governing body of each taxing unit that
6-21     imposes taxes on real property in the reinvestment zone and
6-22     deposits or agrees to deposit any of its tax increment into the tax
6-23     increment fund for the zone.
6-24           (c)  In any contract entered into by the board of directors
6-25     of a reinvestment zone in connection with bonds or other
6-26     obligations, the board may convenant that the board will not
6-27     approve a tax abatement agreement that applies to real property in
 7-1     that zone.
 7-2           (d)  If a taxing unit enters into a tax abatement agreement
 7-3     authorized by this section, taxes that are abated under that
 7-4     agreement are not considered taxes to be imposed or produced by
 7-5     that taxing unit in calculating the amount of:
 7-6                 (1)  the tax increment of that taxing unit; or
 7-7                 (2)  that taxing unit's deposit to the tax increment
 7-8     fund for the reinvestment zone.
 7-9           SECTION 7.  Section 311.013, Tax Code, is amended by amending
7-10     Subsections (b), (f), (g), (h), and (i) and adding Subsections (j)
7-11     and (k) to read as follows:
7-12           (b)  Each taxing unit shall pay into the tax increment fund
7-13     for the zone an amount equal to the tax increment produced by the
7-14     unit, less the sum of:
7-15                 (1)  property taxes produced from the tax increments
7-16     that are, by contract executed before the designation of the area
7-17     as a reinvestment zone, required to be paid by the unit to another
7-18     political subdivision; and
7-19                 (2)  a portion, not to exceed 15 percent, of the tax
7-20     increment produced by the unit as provided by the reinvestment zone
7-21     financing plan or a larger portion as provided by Subsection (f)
7-22     [or (g)].
7-23           (f)  [The governing body of a taxing unit that taxes real
7-24     property located in the zone may determine the portion of the tax
7-25     increment produced by the taxing unit that the taxing unit will
7-26     retain from the tax increment and may decide to retain all of that
7-27     tax increment. The determination is not effective unless the
 8-1     governing body of the taxing unit notifies the board of directors
 8-2     of the zone in writing of its determination under this subsection
 8-3     on or before the 60th day after the date on which the governing
 8-4     body of the municipality approves the reinvestment zone financing
 8-5     plan as provided by Section 311.011(d).  The governing body of the
 8-6     taxing unit may not decrease the portion of the tax increment that
 8-7     it has determined to dedicate to a reinvestment zone fund after the
 8-8     project plan is approved.]
 8-9           [(g)]  A taxing unit is not required to pay into the tax
8-10     increment fund any of its tax increment produced from property
8-11     located in a reinvestment zone designated under Section
8-12     311.005(a)[(5)] or in an area added to a reinvestment zone under
8-13     Section 311.007[(b)] unless the taxing unit enters into an
8-14     agreement to do so with the governing body of the municipality that
8-15     created the zone.  A taxing unit may enter into an agreement under
8-16     this subsection at any time before or after the zone is created or
8-17     enlarged.  The agreement may include conditions for payment of that
8-18     tax increment into the fund and must specify the portion of the tax
8-19     increment to be paid into the fund and the years for which that tax
8-20     increment is to be paid into the fund.  The agreement and the
8-21     conditions in the agreement are binding on the taxing unit, the
8-22     municipality, and the board of directors of the zone.
8-23           (g)  Subject to the provisions of Section 311.0125, in [(h)
8-24     In] lieu of permitting a portion of its tax increment to be paid
8-25     into the tax increment fund, and notwithstanding the provisions of
8-26     Section 312.203, a taxing unit, other than a city, may elect to
8-27     offer the owners of taxable real property in a reinvestment zone
 9-1     created under this chapter an exemption from taxation of all or
 9-2     part of the value of the property.  Any agreement concerning an
 9-3     exemption from ad valorem taxes shall be executed in the manner and
 9-4     subject to the limitations of Chapter 312; provided, however, the
 9-5     property covered by the agreement need not be in a zone created
 9-6     pursuant to Chapter 312.  A taxing unit may not offer a tax
 9-7     abatement agreement to property owners in the zone after it has
 9-8     entered into an agreement that its tax increments would be paid
 9-9     into the tax increment fund pursuant to Subsection (f) [(g)].
9-10           (h)  Subsection [(i) Subsections] (f) does [and (g) do] not
9-11     apply to a city with a population of more than 230,000 that borders
9-12     Mexico.
9-13           (i)  Notwithstanding Subsection (c), a taxing unit is not
9-14     required to pay into a tax increment fund the applicable portion of
9-15     a tax increment attributable to delinquent taxes until those taxes
9-16     are collected.
9-17           (j)  Section 26.05(f) does not prohibit a taxing unit from
9-18     depositing all of the tax increment produced by the taxing unit in
9-19     a reinvestment zone into the tax increment fund for that zone.
9-20           (k)  A school district is not required to pay into the tax
9-21     increment fund any of its tax increment produced from property
9-22     located in an area added to the reinvestment zone under Section
9-23     311.007(a) or (b) unless the governing body of the school district
9-24     enters into an agreement to do so with the governing body of the
9-25     municipality that created the zone, including a municipality
9-26     described by Subsection (h).  The governing body of a school
9-27     district may enter into an agreement under this subsection at any
 10-1    time before or after the zone is created or enlarged.  The
 10-2    agreement may include conditions for payment of that tax increment
 10-3    into the fund and must specify the portion of the tax increment to
 10-4    be paid into the fund and the years for which that tax increment is
 10-5    to be paid into the fund.  The agreement and the conditions in the
 10-6    agreement are binding on the school district, the municipality, and
 10-7    the board of directors of the zone.
 10-8          SECTION 8.  Chapter 311, Tax Code, is amended by adding
 10-9    Section 311.018 to read as follows:
10-10          Sec. 311.018.  CONFLICTS WITH MUNICIPAL CHARTER.  To the
10-11    extent of a conflict between this chapter and a municipal charter,
10-12    this chapter controls.
10-13          SECTION 9.  Section 403.302(d), Government Code, as amended
10-14    by Chapters 1039, 1040, and 1071, Acts of the 75th Legislature,
10-15    Regular Session, 1997, is reenacted and amended to read as follows:
10-16          (d)  For the purposes of this section, "taxable value" means
10-17    the market value of all taxable property less:
10-18                (1)  the total dollar amount of any residence homestead
10-19    exemptions lawfully granted under Section 11.13(b) or (c), Tax
10-20    Code, in the year that is the subject of the study for each school
10-21    district;
10-22                (2)  the total dollar amount of any exemptions granted
10-23    before May 31, 1993, within a reinvestment zone under agreements
10-24    authorized by Chapter 312, Tax Code;
10-25                (3)  subject to Subsection (e), the total dollar amount
10-26    of any captured appraised value of property that:
10-27                      (A)  is within a reinvestment zone created on or
 11-1    before May 31, 1999, or is proposed to be included within the
 11-2    boundaries of a reinvestment zone as the boundaries of the zone and
 11-3    the proposed portion of tax increment paid into the tax increment
 11-4    fund by a school district are described in a written notification
 11-5    provided by the municipality or the board of directors of the zone
 11-6    to the governing bodies of the other taxing units in the manner
 11-7    provided by Section 311.003(e), Tax Code, before May 31, 1999, and
 11-8    within the boundaries of the zone as those boundaries existed on
 11-9    September 1, 1999, including subsequent improvements to the
11-10    property regardless of when made;
11-11                      (B)  [is located in a reinvestment zone on August
11-12    31, 1999, that] generates taxes [a tax increment] paid into a tax
11-13    increment fund created under Chapter 311, Tax Code, under a
11-14    reinvestment zone financing plan approved under Section 311.011(d),
11-15    Tax Code, on or before September 1, 1999; [,] and
11-16                      (C)  is eligible for tax increment financing
11-17    under Chapter 311, Tax Code[, under a reinvestment zone financing
11-18    plan approved under Section 311.011(d), Tax Code, before September
11-19    1, 1999];
11-20                (4)  the total dollar amount of any exemptions granted
11-21    under Section 11.251, Tax Code;
11-22                (5)  the difference between the comptroller's estimate
11-23    of the market value and the productivity value of land that
11-24    qualifies for appraisal on the basis of its productive capacity,
11-25    except that the productivity value estimated by the comptroller may
11-26    not exceed the fair market value of the land;
11-27                (6)  the portion of the appraised value of residence
 12-1    homesteads of the elderly on which school district taxes are not
 12-2    imposed in the year that is the subject of the study, calculated as
 12-3    if the residence homesteads were appraised at the full value
 12-4    required by law;
 12-5                (7)  a portion of the market value of property not
 12-6    otherwise fully taxable by the district at market value because of
 12-7    action required by statute or the constitution of this state that,
 12-8    if the tax rate adopted by the district is applied to it, produces
 12-9    an amount equal to the difference between the tax that the district
12-10    would have imposed on the property if the property were fully
12-11    taxable at market value and the tax that the district is actually
12-12    authorized to impose on the property, if this subsection does not
12-13    otherwise require that portion to be deducted;
12-14                (8)  the market value of all tangible personal
12-15    property, other than manufactured homes, owned by a family or
12-16    individual and not held or used for the production of income;
12-17                (9)  the appraised value of property the collection of
12-18    delinquent taxes on which is deferred under Section 33.06, Tax
12-19    Code;
12-20                (10)  the portion of the appraised value of property
12-21    the collection of delinquent taxes on which is deferred under
12-22    Section 33.065, Tax Code; and
12-23                (11)  the amount by which the market value of a
12-24    residence homestead to which Section 23.23, Tax Code, applies
12-25    exceeds the appraised value of that property as calculated under
12-26    that section.
12-27          SECTION 10.  Sections 403.302(e)-(g), Government Code, are
 13-1    amended to read as follows:
 13-2          (e)  The total dollar amount deducted in each year as
 13-3    required by Subsection (d)(3) in a reinvestment zone created after
 13-4    January 1, 1999, may not exceed the captured appraised value
 13-5    estimated for that year as required by Section 311.011(c)(8), Tax
 13-6    Code, in the reinvestment zone financing plan approved under
 13-7    Section 311.011(d), Tax Code, before September 1, 1999.  The number
 13-8    of years for which the total dollar amount may be deducted under
 13-9    Subsection (d)(3) shall for any zone, including those created on or
13-10    before January 1, 1999, be limited to the duration of the zone as
13-11    specified as required by Section 311.011(c)(9), Tax Code, in the
13-12    reinvestment zone financing plan approved under Section 311.011(d),
13-13    Tax Code, before September 1, 1999.  The total dollar amount
13-14    deducted under Subsection (d)(3) for any zone, including those
13-15    created on or before January 1, 1999, may not be increased by any
13-16    reinvestment zone financing plan amendments that occur after August
13-17    31, 1999.  The total dollar amount deducted under Subsection (d)(3)
13-18    for any zone, including those created on or before January 1, 1999,
13-19    may not be increased by a change made after August 31, 1999, in the
13-20    portion of the tax increment retained by the school district.
13-21          (f)  The study shall determine the values as of January 1 of
13-22    each year.
13-23          (g) [(f)]  The comptroller shall publish preliminary
13-24    findings, listing values by district, before February 1 of the year
13-25    following the year of the study.  Preliminary findings shall be
13-26    delivered to each school district and shall be certified to the
13-27    commissioner of education.
 14-1          (h) [(g)]  On request of the commissioner of education or a
 14-2    school district, the comptroller may audit a school district to
 14-3    determine the total taxable value of property in the school
 14-4    district, including the productivity values of land only if the
 14-5    land qualifies for appraisal on that basis and the owner of the
 14-6    land has applied for and received a productivity appraisal.  The
 14-7    comptroller shall certify the comptroller's findings to the
 14-8    commissioner.
 14-9          SECTION 11.  Section 403.303(a), Government Code, is amended
14-10    to read as follows:
14-11          (a)  A school district or a property owner whose property is
14-12    included in the study under Section 403.302 and whose tax liability
14-13    on the property is $100,000 or more may protest the comptroller's
14-14    findings under Section 403.302(g) [403.302(f)] or (h) [(g)] by
14-15    filing a petition with the comptroller.  The petition must be filed
14-16    not later than the 40th day after the date on which the
14-17    comptroller's findings are certified to the commissioner of
14-18    education and must specify the grounds for objection and the value
14-19    claimed to be correct by the school district or property owner.
14-20          SECTION 12.  Section 431.101, Transportation Code, is amended
14-21    to read as follows:
14-22          Sec. 431.101.  CREATION OF LOCAL GOVERNMENT CORPORATION.  (a)
14-23    A local government corporation may be created to aid and act on
14-24    behalf of one or more local governments to accomplish any
14-25    governmental purpose of those local governments.  To be effective,
14-26    the articles of incorporation and the bylaws of a local government
14-27    corporation must be approved by ordinance, resolution, or order
 15-1    adopted by the governing body of each local government that the
 15-2    corporation is created to aid and act on behalf of.
 15-3          (b)  A local government corporation has the powers of a
 15-4    corporation authorized for creation by the commission under this
 15-5    chapter.
 15-6          (c)  The provisions of the Texas Non-Profit Corporation Act
 15-7    (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) relating
 15-8    to powers, standards of conduct, and interests in contracts apply
 15-9    to the directors and officers of the local government corporation.
15-10          (d)  A provision of this chapter relating to the creation,
15-11    dissolution, administration, or supervision of a corporation by the
15-12    commission does not apply to a local government corporation.
15-13          (e)  Section 394.904(a), Local Government Code, applies to
15-14    property and improvements owned by a local government corporation.
15-15    Section 394.904(b) of that code applies to each contract awarded by
15-16    the local government corporation.
15-17          (f)  A member of the board of directors of a local government
15-18    corporation:
15-19                (1)  is not a public official by virtue of that
15-20    position; and
15-21                (2)  unless otherwise ineligible, may be appointed to
15-22    serve concurrently on the board of directors of a reinvestment zone
15-23    created under Chapter 311, Tax Code.
15-24          SECTION 13.  Section 431.102, Transportation Code, is amended
15-25    by adding Subsection (c) to read as follows:
15-26          (c)  The requirement of Section 394.021(a), Local Government
15-27    Code, that all directors must be residents of the local government
 16-1    shall not be applicable to directors of a local government
 16-2    corporation except that a person may not be appointed to the board
 16-3    of a local government corporation if the appointment of that person
 16-4    would result in less than a majority of the board members being
 16-5    residents of the local government.
 16-6          SECTION 14.  Section 311.003(h), Tax Code, is repealed.
 16-7          SECTION 15.  (a)  Nothing in this Act is intended to prohibit
 16-8    a member of a governing body of a taxing unit that levies taxes on
 16-9    real property in the reinvestment zone from serving as a member of
16-10    the board of directors of a reinvestment zone under the Tax
16-11    Increment Financing Act (Chapter 311, Tax Code).
16-12          (b)  Section 311.013(f), Tax Code, as amended by this Act,
16-13    applies only to a reinvestment zone created on or after the
16-14    effective date of this Act.  A reinvestment zone created before the
16-15    effective date of this Act is governed by Section 311.013(f), Tax
16-16    Code, as that section existed immediately before the effective date
16-17    of this Act, and the former law is continued in effect for that
16-18    purpose.
16-19          SECTION 16.  The importance of this legislation and the
16-20    crowded condition of the calendars in both houses create an
16-21    emergency and an imperative public necessity that the
16-22    constitutional rule requiring bills to be read on three several
16-23    days in each house be suspended, and this rule is hereby suspended,
16-24    and that this Act take effect and be in force from and after its
16-25    passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2684 was passed by the House on April
         23, 1999, by the following vote:  Yeas 140, Nays 0, 1 present, not
         voting; that the House refused to concur in Senate amendments to
         H.B. No. 2684 on May 21, 1999, and requested the appointment of a
         conference committee to consider the differences between the two
         houses; and that the House adopted the conference committee report
         on H.B. No. 2684 on May 28, 1999, by the following vote:  Yeas 142,
         Nays 0, 3 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2684 was passed by the Senate, with
         amendments, on May 17, 1999, by the following vote:  Yeas 30, Nays
         0; at the request of the House, the Senate appointed a conference
         committee to consider the differences between the two houses; and
         that the Senate adopted the conference committee report on H.B. No.
         2684 on May 29, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor