1-1     By:  Coleman (Senate Sponsor - Gallegos)              H.B. No. 2684
 1-2           (In the Senate - Received from the House April 26, 1999;
 1-3     April 27, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 10, 1999, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 3, Nays
 1-6     0; May 10, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2684                   By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to reinvestment zones and tax increment financing under
1-11     the Tax Increment Financing Act, tax abatement agreements within
1-12     those zones, and the administration of certain local government
1-13     corporations.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Section 311.009, Tax Code, is amended by adding
1-16     Subsection (g) to read as follows:
1-17           (g)  A member of the board of directors of a reinvestment
1-18     zone:
1-19                 (1)  is not a public official by virtue of that
1-20     position; and
1-21                 (2)  unless otherwise ineligible, may be appointed to
1-22     serve concurrently on the board of directors of a local government
1-23     corporation created under Subchapter D, Chapter 431, Transportation
1-24     Code.
1-25           SECTION 2.  Section 311.010, Tax Code, is amended by amending
1-26     Subsections (a) and (b) and adding Subsections (d)-(f) to read as
1-27     follows:
1-28           (a)  The board of directors of a reinvestment zone shall make
1-29     recommendations to the governing body of the municipality that
1-30     created the zone concerning the administration of this chapter in
1-31     the zone.  The [In addition to the powers granted to the board
1-32     under this chapter, the] governing body of the municipality by
1-33     ordinance or resolution may authorize [delegate to] the board to
1-34     exercise any of the municipality's powers with respect to the
1-35     administration, management, or operation of the zone or [and duties
1-36     relating to] the implementation of the project plan for the zone,
1-37     except that the governing body may not authorize the board to:
1-38                 (1)  issue bonds;
1-39                 (2)  impose taxes or fees;
1-40                 (3)  exercise the power of eminent domain; or
1-41                 (4)  give final approval to the project plan [considers
1-42     advisable].
1-43           (b)  The board of directors of a reinvestment zone and the
1-44     governing body of the municipality that creates a reinvestment zone
1-45     may each enter into agreements as the board or the governing body
1-46     considers necessary or convenient to implement the project plan and
1-47     reinvestment zone financing plan and achieve their purposes.  An
1-48     agreement may provide for the regulation or restriction of the use
1-49     of land by imposing conditions, restrictions, or covenants that run
1-50     with the land.  An agreement may during the term of the agreement
1-51     dedicate, pledge, or otherwise provide for the use of revenue in
1-52     [from] the tax increment fund to pay any project [the] costs that
1-53     benefit the reinvestment zone, including project costs relating to
1-54     the cost of buildings, schools, or other educational facilities
1-55     owned by or on behalf of a school district, community college
1-56     district, or other political subdivision of this state, railroad or
1-57     transit facilities, affordable housing, the remediation of
1-58     conditions that contaminate public or private land or buildings,
1-59     the preservation of the facade of a private or public building, the
1-60     demolition of public or private buildings, or the replacement of
1-61     [replacing] housing or areas of public assembly in or out of the
1-62     zone.  An agreement may dedicate revenue from the tax increment
1-63     fund to pay a neighborhood enterprise association for providing
1-64     services or carrying out projects authorized under Subchapters E
 2-1     and G, Chapter 2303, Government Code, in the zone.  The term of an
 2-2     agreement with a neighborhood enterprise association may not exceed
 2-3     10 years.
 2-4           (d)  The board of directors of a reinvestment zone may
 2-5     exercise any power granted to a municipality by Section 311.008,
 2-6     except that:
 2-7                 (1)  the municipality that created the reinvestment
 2-8     zone by ordinance or resolution may restrict any power granted to
 2-9     the board by this chapter; and
2-10                 (2)  the board may exercise a power granted to a
2-11     municipality under Section 311.008(a)(2) only with the consent of
2-12     the governing body of the municipality.
2-13           (e)  After the governing body of a municipality by ordinance
2-14     creates a reinvestment zone under this chapter, the board of
2-15     directors of the zone may exercise any power granted to a board
2-16     under this chapter.
2-17           (f)  The board of directors of a reinvestment zone and the
2-18     governing body of the municipality may enter into a contract with a
2-19     local government corporation to manage the reinvestment zone or
2-20     implement the project plan and reinvestment zone financing plan for
2-21     the term of the agreement.  In this subsection, "local government
2-22     corporation" means a local government corporation created by the
2-23     municipality under Chapter 431, Transportation Code.
2-24           SECTION 3.  Section 311.011(f), Tax Code, is amended to read
2-25     as follows:
2-26           (f)  In a zone designated under Section 311.005(a)(5) that is
2-27     located in a county with a population of 2.1 million or more, the
2-28     project plan must provide that at least one-third of the [surface
2-29     area of the zone, excluding roads, streets, highways, utility
2-30     rights-of-way, and other public areas or areas exempt from ad
2-31     valorem taxation, be dedicated to residential housing and that at
2-32     least one-third of the] tax increment of the zone be used to
2-33     provide affordable [dedicated to providing low-income] housing
2-34     during the term of the zone.
2-35           SECTION 4.  Section 311.012, Tax Code is amended by amending
2-36     subsections (a) and (b) as follows:
2-37           (a)  The amount of a taxing unit's tax increment for a year
2-38     is the amount of property taxes levied and collected by the taxing
2-39     unit for that year on the captured appraised value of real property
2-40     taxable by the unit and located in a reinvestment zone.
2-41           (b)  The captured appraised value of real property taxable by
2-42     a taxing unit for a year is the total appraised value of all real
2-43     [the] property taxable by the unit and located in a reinvestment
2-44     zone for that year less the tax increment base of the unit.
2-45           SECTION 5.  Chapter 311, Tax Code, is amended by adding
2-46     Section 311.0125 to read as follows:
2-47           Sec. 311.0125.  TAX ABATEMENT AGREEMENTS.  (a)
2-48     Notwithstanding any provision in this chapter to the contrary, a
2-49     taxing unit other than a school district may enter into a tax
2-50     abatement agreement with an owner of real or personal property in a
2-51     reinvestment zone, regardless of whether the taxing unit deposits
2-52     or agrees to deposit any portion of its tax increment into the tax
2-53     increment fund.
2-54           (b)  To be effective, an agreement to abate taxes on real
2-55     property in a reinvestment zone must be approved by:
2-56                 (1)  the board of directors of the reinvestment zone;
2-57     and
2-58                 (2)  the governing body of each taxing unit that
2-59     imposes taxes on real property in the reinvestment zone and
2-60     deposits or agrees to deposit any of its tax increment into the tax
2-61     increment fund for the zone.
2-62           (c)  In any contract entered into by the board of directors
2-63     of a reinvestment zone in connection with bonds or other
2-64     obligations, the board may convenant that the board will not
2-65     approve a tax abatement agreement that applies to real property in
2-66     that zone.
2-67           (d)  If a taxing unit enters into a tax abatement agreement
2-68     authorized by this section, taxes that are abated under that
2-69     agreement are not considered taxes to be imposed or produced by
 3-1     that taxing unit in calculating the amount of:
 3-2                 (1)  the tax increment of that taxing unit; or
 3-3                 (2)  that taxing unit's deposit to the tax increment
 3-4     fund for the reinvestment zone.
 3-5           SECTION 6.  Amend Section 311.013, Tax Code, by amending
 3-6     subsections (b), (f), (g), (h) and (i) as follows:
 3-7           (b)  Each taxing unit shall pay into the tax increment
 3-8     financing fund for the zone an amount equal to the tax increment
 3-9     produced by the unit, less the sum of:
3-10                 (1)  property taxes produced from the tax increments
3-11     that are, by contract executed before the designation of the area
3-12     as a reinvestment zone, required to be paid by the unit to another
3-13     political subdivision; and
3-14                 (2)  a portion, not to exceed 15 percent, of the tax
3-15     increment produced by the unit as provided by the reinvestment zone
3-16     financing plan or a larger portion as provided by Subsection (f)
3-17     [or (g)].
3-18           (f)  [The governing body of a taxing unit that taxes real
3-19     property located in the zone may determine the portion of the tax
3-20     increment produced by the taxing unit that the taxing unit will
3-21     retain from the tax increment and may decide to retain all of that
3-22     tax increment. The determination is not effective unless the
3-23     governing body of the taxing unit notifies the board of directors
3-24     of the zone in writing of its determination under this subsection
3-25     on or before the 60th day after the date on which the governing
3-26     body of the municipality approves the reinvestment zone financing
3-27     plan as provided by Section 311.011(d).  The governing body of the
3-28     taxing unit may not decrease the portion of the tax increment that
3-29     it has determined to dedicate to a reinvestment zone fund after the
3-30     project plan is approved.]
3-31           [(g)]  A taxing unit is not required to pay into the tax
3-32     increment fund any of its tax increment produced from property
3-33     located in a reinvestment zone designated under Section
3-34     311.005(a)[(5)] or in an area added to a reinvestment zone under
3-35     Section 311.007[(b)] unless the taxing unit enters into an
3-36     agreement to do so with the governing body of the municipality that
3-37     created the zone.  A taxing unit may enter into an agreement under
3-38     this subsection at any time before or after the zone is created or
3-39     enlarged.  The agreement may include conditions for payment of that
3-40     tax increment into the fund and must specify the portion of the tax
3-41     increment to be paid into the fund and the years for which that tax
3-42     increment is to be paid into a fund.  The agreement and the
3-43     conditions in the agreement are binding on the taxing unit, the
3-44     municipality, and the board of directors of the zone.
3-45           (g) [(h)]  Subject to the provisions of 311.125, in [In] lieu
3-46     of permitting a portion of its tax increment to be paid into the
3-47     tax increment fund, and notwithstanding the provisions of Section
3-48     312.203, a taxing unit, other than a city, may elect to offer the
3-49     owners of taxable real property in a reinvestment zone created
3-50     under this chapter an exemption from taxation of all or part of the
3-51     value of the property.  Any agreement concerning an exemption from
3-52     ad valorem taxes shall be executed in the manner and subject to the
3-53     limitations of Chapter 312; provided, however, the property covered
3-54     by the agreement need not be in a zone created pursuant to Chapter
3-55     312.  A taxing unit may not offer a tax abatement agreement to
3-56     property owners in the zone after it has entered into an agreement
3-57     that its tax increments would be paid into the tax increment fund
3-58     pursuant to Subsection (f) [(g)].
3-59           (h) [(i)]  Subsection [Subsection] (f) does [and (g) do] not
3-60     apply to a city with a population of more than 230,000 that borders
3-61     Mexico.
3-62           (i)  Notwithstanding Subsection (c), a taxing unit is not
3-63     required to pay into a tax increment fund the applicable portion of
3-64     a tax increment attributable to delinquent taxes until those taxes
3-65     are collected.
3-66           (j)  Section 26.05(f), Tax Code does not prohibit a taxing
3-67     unit from depositing all of the tax increment produced by the
3-68     taxing unit in a reinvestment zone into the tax increment fund for
3-69     that zone.
 4-1           SECTION 7.  Section 431.101, Transportation Code, is amended
 4-2     to read as follows:
 4-3           Sec. 431.101.  CREATION OF LOCAL GOVERNMENT CORPORATION.
 4-4     (a)  A local government corporation may be created to aid and act
 4-5     on behalf of one or more local governments to accomplish any
 4-6     governmental purpose of those local governments.  To be effective,
 4-7     the articles of incorporation and the bylaws of a local government
 4-8     corporation must be approved by ordinance, resolution, or order
 4-9     adopted by the governing body of each local government for which
4-10     the corporation is created to aid and act on behalf of.
4-11           (b)  A local government corporation has the powers of a
4-12     corporation authorized for creation by the commission under this
4-13     chapter.
4-14           (c)  The provisions of the Texas Non-Profit Corporation Act
4-15     (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) relating
4-16     to powers, standards of conduct, and interests in contracts apply
4-17     to the directors and officers of the local government corporation.
4-18           (d)  A provision of this chapter relating to the creation,
4-19     dissolution, administration, or supervision of a corporation by the
4-20     commission does not apply to a local government corporation.
4-21           (e)  Section 394.904(a), Local Government Code, applies to
4-22     property and improvements owned by a local government corporation.
4-23     Section 394.904(b) of that code applies to each contract awarded by
4-24     the local government corporation.
4-25           (f)  A member of the board of directors of a local government
4-26     corporation:
4-27                 (1)  is not a public official by virtue of that
4-28     position; and
4-29                 (2)  unless otherwise ineligible, may be appointed to
4-30     serve concurrently on the board of directors of a reinvestment zone
4-31     created under Chapter 311, Tax Code.
4-32           SECTION 8.  Chapter 311, Tax Code, is amended by adding
4-33     Section 311.018 to read as follows:
4-34           Sec. 311.018.  CONFLICTS WITH MUNICIPAL CHARTER.  To the
4-35     extent of a conflict between this chapter and a municipal charter,
4-36     this chapter controls.
4-37           SECTION 9.  Section 311.003(h), Tax Code, is repealed.
4-38           SECTION 10.  Section 403.302(d), Government Code, as amended
4-39     by Chapters 1039, 1040, and 1071, Acts of the 75th Legislature,
4-40     Regular Session, 1997, is reenacted and amended to read as follows:
4-41           (d)  For the purposes of this section, "taxable value" means
4-42     the market value of all taxable property less:
4-43                 (1)  the total dollar amount of any residence homestead
4-44     exemptions lawfully granted under Section 11.13(b) or (c), Tax
4-45     Code, in the year that is the subject of the study for each school
4-46     district;
4-47                 (2)  the total dollar amount of any exemptions granted
4-48     before May 31, 1993, within a reinvestment zone under agreements
4-49     authorized by Chapter 312, Tax Code;
4-50                 (3)  subject to Subsection (e), the total dollar amount
4-51     of any captured appraised value of property that is located in a
4-52     reinvestment zone [on August 31, 1999], [that] generates a tax
4-53     increment paid into a tax increment fund, and is eligible for tax
4-54     increment financing under Chapter 311, Tax Code, under a
4-55     reinvestment zone financing plan approved under Section 311.011(d),
4-56     Tax Code, before September 1, 1999;
4-57                 (4)  the total dollar amount of any exemptions granted
4-58     under Section 11.251, Tax Code;
4-59                 (5)  the difference between the comptroller's estimate
4-60     of the market value and the productivity value of land that
4-61     qualifies for appraisal on the basis of its productive capacity,
4-62     except that the productivity value estimated by the comptroller may
4-63     not exceed the fair market value of the land;
4-64                 (6)  the portion of the appraised value of residence
4-65     homesteads of the elderly on which school district taxes are not
4-66     imposed in the year that is the subject of the study, calculated as
4-67     if the residence homesteads were appraised at the full value
4-68     required by law;
4-69                 (7)  a portion of the market value of property not
 5-1     otherwise fully taxable by the district at market value because of
 5-2     action required by statute or the constitution of this state that,
 5-3     if the tax rate adopted by the district is applied to it, produces
 5-4     an amount equal to the difference between the tax that the district
 5-5     would have imposed on the property if the property were fully
 5-6     taxable at market value and the tax that the district is actually
 5-7     authorized to impose on the property, if this subsection does not
 5-8     otherwise require that portion to be deducted;
 5-9                 (8)  the market value of all tangible personal
5-10     property, other than manufactured homes, owned by a family or
5-11     individual and not held or used for the production of income;
5-12                 (9)  the appraised value of property the collection of
5-13     delinquent taxes on which is deferred under Section 33.06, Tax
5-14     Code;
5-15                 (10)  the portion of the appraised value of property
5-16     the collection of delinquent taxes on which is deferred under
5-17     Section 33.065, Tax Code; and
5-18                 (11)  the amount by which the market value of a
5-19     residence homestead to which Section 23.23, Tax Code, applies
5-20     exceeds the appraised value of that property as calculated under
5-21     that section.
5-22           SECTION 11.  Sections 403.302(e)-(g), Government Code, are
5-23     amended to read as follows:
5-24           (e)  Subsection (d)(3) applies only to the captured appraised
5-25     value of:
5-26                 (1)  real property that is located in the reinvestment
5-27     zone before September 1, 1999; or
5-28                 (2)  an improvement to real property described by
5-29     Subdivision (1), regardless of the date the improvement is made.
5-30           (f)  The study shall determine the values as of January 1 of
5-31     each year.
5-32           (g) [(f)]  The comptroller shall publish preliminary
5-33     findings, listing values by district, before February 1 of the year
5-34     following the year of the study.  Preliminary findings shall be
5-35     delivered to each school district and shall be certified to the
5-36     commissioner of education.
5-37           (h) [(g)]  On request of the commissioner of education or a
5-38     school district, the comptroller may audit a school district to
5-39     determine the total taxable value of property in the school
5-40     district, including the productivity values of land only if the
5-41     land qualifies for appraisal on that basis and the owner of the
5-42     land has applied for and received a productivity appraisal.  The
5-43     comptroller shall certify the comptroller's findings to the
5-44     commissioner.
5-45           SECTION 12.  Section 403.303(a), Government Code, is amended
5-46     to read as follows:
5-47           (a)  A school district or a property owner whose property is
5-48     included in the study under Section 403.302 and whose tax liability
5-49     on the property is $100,000 or more may protest the comptroller's
5-50     findings under Section 403.302(g) [403.302(f)] or (h) [(g)] by
5-51     filing a petition with the comptroller.  The petition must be filed
5-52     not later than the 40th day after the date on which the
5-53     comptroller's findings are certified to the commissioner of
5-54     education and must specify the grounds for objection and the value
5-55     claimed to be correct by the school district or property owner.
5-56           SECTION 13.  Section 431.102, Transportation Code, is amended
5-57     by adding Subsection (c) to read as follows:
5-58           (c)  The requirement of Section 394.021(a), Local Government
5-59     Code, that all directors must be residents of the local government
5-60     shall not be applicable to directors of a local government
5-61     corporation except that a person may not be appointed to the board
5-62     of a local government corporation if the appointment of that person
5-63     would result in less than a majority of the board members being
5-64     residents of the local government.
5-65           SECTION 14.  Section 311.004(a), Tax Code, is amended to read
5-66     as follows:
5-67           (a)  The ordinance designating an area as a reinvestment zone
5-68     must:
5-69                 (1)  describe the boundaries of the zone with
 6-1     sufficient definiteness to identify with ordinary and reasonable
 6-2     certainty the territory included in the zone;
 6-3                 (2)  create a board of directors for the zone and
 6-4     specify the number of directors of the board as provided by Section
 6-5     311.009;
 6-6                 (3)  provide that the zone take effect immediately upon
 6-7     passage of the ordinance [on January 1 of the year following the
 6-8     year in which the ordinance is adopted];
 6-9                 (4)  provide a date for termination of the zone;
6-10                 (5)  assign a name to the zone for identification, with
6-11     the first zone created by a municipality designated as
6-12     "Reinvestment Zone Number One, City (or Town, as applicable) of
6-13     (name of municipality)" and subsequently created zones assigned
6-14     names in the same form numbered consecutively in the order of their
6-15     creation;
6-16                 (6)  establish a tax increment fund for the zone; and
6-17                 (7)  contain findings that:
6-18                       (A)  improvements in the zone will significantly
6-19     enhance the value of all the taxable real property in the zone and
6-20     will be of general benefit to the municipality; and
6-21                       (B)  the area meets the requirements of Section
6-22     311.005.
6-23           SECTION 15.  (a)  Nothing in this Act is intended to prohibit
6-24     a member of a governing body of a taxing unit that levies taxes on
6-25     real property in the reinvestment zone from serving as a member of
6-26     the board of directors of a reinvestment zone under the Texas Tax
6-27     Increment Financing Act (Chapter 311, Tax Code).
6-28           (b)  The provisions of 311.013(f), Tax Code as they existed
6-29     before the application of this act shall continue to be applicable
6-30     to reinvestment zones created before the application date of this
6-31     act.
6-32           SECTION 16.  The importance of this legislation and the
6-33     crowded condition of the calendars in both houses create an
6-34     emergency and an imperative public necessity that the
6-35     constitutional rule requiring bills to be read on three several
6-36     days in each house be suspended, and this rule is hereby suspended,
6-37     and that this Act take effect and be in force from and after its
6-38     passage, and it is so enacted.
6-39                                  * * * * *