By Oliveira, Seaman, Solis of Cameron,                H.B. No. 3029
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain industrial development corporations, projects
 1-3     of industrial development corporations, and the taxes levied for
 1-4     projects.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 2(10), Development Corporation Act of
 1-7     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
 1-8     read as follows:
 1-9                 (10)  "Project" shall mean the land, buildings,
1-10     equipment, facilities, targeted infrastructure, and improvements
1-11     (one or more) to promote new and expanded business development or
1-12     found by the board of directors to be required or suitable for the
1-13     promotion of development and expansion of manufacturing and
1-14     industrial facilities, job creation and retention, job training,
1-15     educational facilities, transportation facilities (including but
1-16     not limited to airports, ports, mass commuting facilities, and
1-17     parking facilities), sewage or solid waste disposal facilities,
1-18     recycling facilities, air or water pollution control facilities,
1-19     facilities for the furnishing of water to the general public,
1-20     distribution centers, and small warehouse facilities capable of
1-21     serving as decentralized storage and distribution centers, and for
1-22     the promotion of development or redevelopment and expansion,
1-23     including costs of administration and operation, of a military base
1-24     closed or realigned pursuant to recommendation of the Defense
1-25     Closure and Realignment Commission pursuant to the Defense Base
 2-1     Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note)
 2-2     as amended, and of facilities which are related to any of the
 2-3     foregoing, and in furtherance of the public purposes of this Act,
 2-4     all as defined in the rules of the department, irrespective of
 2-5     whether in existence or required to be identified, acquired, or
 2-6     constructed thereafter.  As used in this Act, the term "development
 2-7     areas" shall mean any area or areas of a city that the city finds
 2-8     and determines, after a public hearing, should be developed in
 2-9     order to meet the development objectives of the city.  In addition,
2-10     in blighted or economically depressed areas, development areas,
2-11     federally designated empowerment zones and enterprise communities
2-12     designated under Section 1391, Internal Revenue Code of 1986, or
2-13     federally assisted new communities located within a home-rule city
2-14     or a federally designated economically depressed county of less
2-15     than 50,000 persons according to the last federal decennial census,
2-16     a project may include the land, buildings, equipment, facilities,
2-17     and improvements (one or more) found by the board of directors to
2-18     be required or suitable for the promotion of commercial development
2-19     and expansion and in furtherance of the public purposes of this
2-20     Act, or for use by commercial enterprises, all as defined in the
2-21     rules of the department, irrespective of whether in existence or
2-22     required to be acquired or constructed thereafter.  As used in this
2-23     Act, the term blighted or economically depressed areas shall mean
2-24     those areas and areas immediately adjacent thereto within a city
2-25     which by reason of the presence of a substantial number of
2-26     substandard, slum, deteriorated, or deteriorating structures, or
2-27     which suffer from a high relative rate of unemployment, or which
 3-1     have been designated and included in a tax incremental district
 3-2     created under Chapter 695, Acts of the 66th Legislature, Regular
 3-3     Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or
 3-4     any combination of the foregoing, the city finds and determines,
 3-5     after a hearing, substantially impair or arrest the sound growth of
 3-6     the city, or constitute an economic or social liability and are a
 3-7     menace to the public health, safety, or welfare in their present
 3-8     condition and use.  The department shall adopt guidelines that
 3-9     describe the kinds of areas that may be considered to be blighted
3-10     or economically depressed.  The city shall consider these
3-11     guidelines in making its findings and determinations.  Notice of
3-12     the hearing at which the city considers establishment of a
3-13     development area or an economically depressed or blighted area
3-14     shall be posted at the city hall before the hearing.
3-15           "Federally assisted new communities" shall mean those
3-16     federally assisted areas which have received or will receive
3-17     assistance in the form of loan guarantees under Title X of the
3-18     National Housing Act and a portion of the federally assisted area
3-19     has received grants under Section 107(a)(1) of the Housing and
3-20     Community Development Act of 1974, as amended.
3-21           SECTION 2.  Section 4A,  Development Corporation Act of 1979
3-22     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
3-23     adding Subsection (c-1) to read as follows:
3-24           (c-1)  The costs of a publicly owned and operated project
3-25     that is purchased or constructed under this section include the
3-26     maintenance and operating costs of the project. The proceeds of
3-27     taxes imposed under this section may be used to pay the maintenance
 4-1     and operating costs of a project, unless not later than the 60th
 4-2     day after the date notice of this specific use of the tax proceeds
 4-3     is first published, the governing body of the city receives a
 4-4     petition from more than 10 percent of the registered voters of the
 4-5     city requesting that an election be held before the tax proceeds
 4-6     may be used to pay the maintenance and operating costs of a
 4-7     project.
 4-8           SECTION 3.  Section 4B(a)(1), Development Corporation Act of
 4-9     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
4-10     read as follows:
4-11                 (1)  "Eligible city" means a city:
4-12                       (A)  that is located in a county with a
4-13     population of 750,000 or more, according to the most recent federal
4-14     decennial census and in which the combined rate of all sales and
4-15     use taxes imposed by the city, the state, and other political
4-16     subdivisions of the state having territory in the city does not
4-17     exceed 8.25 [7.25] percent on the date of any election held under
4-18     or made applicable to this section;
4-19                       (B)  that has a population of 400,000 or more,
4-20     according to the most recent federal decennial census, and that is
4-21     located in more than one county, and in which the combined rate of
4-22     all sales and use taxes imposed by the city, the state, and other
4-23     political subdivisions of the state having territory in the city,
4-24     including taxes under this section, does not exceed 8.25 percent;
4-25                       (C)  that is located in a county with a
4-26     population of more than 1,100,000 according to the most recent
4-27     federal decennial census, in which there are more than 29
 5-1     incorporated municipalities according to the most recent federal
 5-2     decennial census, and in which the combined rate of all sales and
 5-3     use taxes imposed by the city, the state, and other political
 5-4     subdivisions of the state having territory in the city does not
 5-5     exceed 7.75 percent on the date of any election held under or made
 5-6     applicable to this section; or
 5-7                       (D)  to which Section 4A of this Act applies.
 5-8                       (E)  Paragraph (C) of this subdivision expires
 5-9     September 1, 1999.
5-10           SECTION 4.  Section 4B,  Development Corporation Act of 1979
5-11     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
5-12     adding Subsection (e-1) and amending Subsection (i) to read as
5-13     follows:
5-14           (e-1)  In a city in which a sales and use tax for the benefit
5-15     of a corporation has been imposed under this section, in the same
5-16     manner and by the same procedure the city by majority vote of the
5-17     qualified voters of the city voting at an election called and held
5-18     for the purpose may reduce or increase the tax.  The rate may be
5-19     reduced in one or more increments of one-eighth of one percent to a
5-20     minimum of one-eighth of one percent or increased in one or more
5-21     increments of one-eighth of one percent to a maximum of one-half of
5-22     one percent.  On petition of 10 percent or more of the registered
5-23     voters of the city requesting an election on the increase or
5-24     reduction of the tax under this section, the governing body of the
5-25     city shall order an election on the issue.  In an election to
5-26     increase or reduce the tax under this section, the ballot shall be
5-27     printed to provide for voting for or against the proposition:  "The
 6-1     _________ (insert "increase in" or "reduction of", as appropriate)
 6-2     a sales and use tax adopted for the promotion and development of
 6-3     new and expanded business from a rate of __________ (insert
 6-4     applicable tax rate) to a rate of __________ (insert proposed tax
 6-5     rate).
 6-6           (i)  On petition of 10 percent or more of the registered
 6-7     voters of the city requesting an election on the dissolution of the
 6-8     corporation, the governing body shall order an election on the
 6-9     issue at the next available uniform election date that is not later
6-10     than the 45th day after the date on which the petition is filed.
6-11     The election must be conducted according to the applicable
6-12     provisions of the Election Code.  The ballot for the election shall
6-13     be printed to provide for voting for or against the proposition:
6-14     "Dissolution of the ___________________ (name of the corporation)."
6-15     If a majority of voters voting on the issue approve the
6-16     dissolution, the corporation shall continue operations only as
6-17     necessary to pay the principal of and interest on its bonds and to
6-18     meet obligations incurred before the date of the election and, to
6-19     the extent practicable, shall dispose of its assets and apply the
6-20     proceeds to satisfy those obligations.  When the last of the
6-21     obligations is satisfied, any remaining assets of the corporation
6-22     shall be transferred to the city, and the corporation is dissolved.
6-23     A [sales and use] tax imposed under this section may not be
6-24     collected after the last day of the first calendar quarter
6-25     beginning [occurring] after notification to the comptroller by the
6-26     corporation that the last of its obligations is satisfied [all
6-27     bonds or other obligations of the corporation that are payable in
 7-1     whole or in part from the proceeds of the sales and use tax under
 7-2     this section, including any refunding bonds or other obligations,
 7-3     have been paid in full or the full amount of money, exclusive of
 7-4     guaranteed interest, necessary to pay in full the bonds and other
 7-5     obligations has been set aside in a trust account dedicated to the
 7-6     payment of the bonds and other obligations].
 7-7           SECTION 5.  The Development Corporation Act of 1979 (Article
 7-8     5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
 7-9     4D to read as follows:
7-10           Sec. 4D.   The legislature finds for all constitutional and
7-11     statutory purposes that projects as defined by Section 2(10) of
7-12     this Act are owned, used, and held for public purposes for and on
7-13     behalf of the eligible city incorporating the corporation, and
7-14     Section 23(b) of this Act and Section 25.07(a), Tax Code, are not
7-15     applicable to leasehold or other possessory interests granted by
7-16     the corporation during the period projects are owned by the
7-17     corporation on behalf of the eligible city. Projects are exempt
7-18     from taxation under Section 11.11, Tax Code, for that period.
7-19           SECTION 6.  The Development Corporation Act of 1979 (Article
7-20     5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
7-21     4E to read as follows:
7-22           Sec. 4E.  DEVELOPMENT CORPORATION FOR SPACEPORT FACILITIES.
7-23     (a)  In this section:
7-24                 (1)  "Eligible entity" means any county or combination
7-25     of municipalities and counties.
7-26                 (2)  "Project" means land, buildings, equipment,
7-27     facilities, and improvements included in the definition of that
 8-1     term under Section 2 of this Act, including land, buildings,
 8-2     equipment, facilities, and improvements found by the board of
 8-3     directors to:
 8-4                       (A)  be required or suitable for use for the
 8-5     promotion or development of a spaceport, related area
 8-6     transportation facilities, automobile parking facilities, and
 8-7     related roads, streets, and water and sewer facilities, and other
 8-8     related improvements that enhance any of those items;
 8-9                       (B)  promote or develop new or expanded business
8-10     enterprises relating to a spaceport;
8-11                       (C)  promote or develop educational programs and
8-12     job training in connection with a spaceport;
8-13                       (D)  be required or suitable for the promotion of
8-14     development and expansion of affordable housing, as defined by 42
8-15     U.S.C. Section 12745, in connection with a spaceport.
8-16                 (3)  "Spacecraft" includes a satellite.
8-17                 (4)  "Spaceport" includes:
8-18                       (A)  an area intended to be used to launch or
8-19     land a spacecraft;
8-20                       (B)  a spaceport building or facility located on
8-21     an area appurtenant to a launching or landing area;
8-22                       (C)  an area appurtenant to a launching or
8-23     landing area that is intended for use for a spaceport building or
8-24     facility; and
8-25                       (D)  a right-of-way related to a launching or
8-26     landing area, building facility, or other area that is appurtenant
8-27     to a launching or landing area.
 9-1           (b)  An eligible entity may create a corporation under this
 9-2     Act governed by this section.  The corporation has the powers
 9-3     granted by this section and by other sections of this Act and is
 9-4     subject to the limitations of a corporation created under other
 9-5     provisions of this Act.  To the extent of a conflict between this
 9-6     section and another provision of this Act, this section prevails.
 9-7     The articles of incorporation of a corporation under this section
 9-8     must state that the corporation is governed by this section and may
 9-9     include within its name any words and phrases specified by the
9-10     eligible entity.
9-11           (c)  A corporation may:
9-12                 (1)  acquire, convey, mortgage, or otherwise dispose of
9-13     property; and
9-14                 (2)  exercise the power of eminent domain to acquire
9-15     property for a spaceport, including the power to:
9-16                       (A)  acquire fee title in land condemned;
9-17                       (B)  relocate or modify a railroad, utility line,
9-18     pipeline, or other facility that may interfere with a spaceport; or
9-19                       (C)  impose a reasonable restriction on using the
9-20     surface of the property for mineral development if the corporation
9-21     does not own the mineral rights.
9-22           (d)  A corporation may not issue a bond or acquire property
9-23     unless a site in the territory of the eligible entity that
9-24     established the corporation has been designated as the site for a
9-25     spaceport.
9-26           (e)  Before exercising the power of eminent domain under this
9-27     section, a corporation must obtain a resolution approving the
 10-1    proposed condemnation from the governing body of a county or
 10-2    municipality in which the property is located.  For purposes of
 10-3    this section, territory in the extraterritorial jurisdiction of a
 10-4    municipality is considered to be in the jurisdiction of the
 10-5    municipality.  The exercise of the power of eminent domain by the
 10-6    corporation is governed by Chapter 21, Property Code.
 10-7          (f)  A corporation may make an agreement with or accept a
 10-8    donation, grant, or loan from any person.  A corporation may enter
 10-9    into an interlocal contract under Chapter 791, Government Code.  A
10-10    corporation may not contract to operate a spaceport unless the
10-11    agreement provides that the person contracting with the corporation
10-12    must assume the corporation's liability for a cause of action
10-13    arising from environmental damage.  A corporation may sue and be
10-14    sued.
10-15          (g)  A corporation is governed by a board of seven directors.
10-16    For a corporation established by a single county, the commissioners
10-17    court of the county shall appoint the directors.  If more than one
10-18    public entity creates the corporation the board must be appointed
10-19    by written agreement between the governing bodies of those
10-20    entities.  Each director serves a two-year term that expires June 1
10-21    of each odd-numbered year except that the terms of three or four of
10-22    the initial directors may be for a one-year term so that the terms
10-23    can be staggered for future two-year terms.  A board shall elect a
10-24    presiding officer from among its members.  A board by rule may
10-25    provide for the election of other officers.  The board shall meet
10-26    at least once every three months and at the call of the presiding
10-27    officer or a majority of the directors.
 11-1          (h)  A board by rule may develop a plan for higher education
 11-2    courses and degree programs to be offered at or near a spaceport.
 11-3    These planned courses and degree programs must be related to the
 11-4    purposes of this chapter. The Texas Aerospace Commission and the
 11-5    Texas Higher Education Coordinating Board shall cooperate with and
 11-6    advise a board in carrying out this section.
 11-7          (i)  A corporation may:
 11-8                (1)  impose a charge for using a spaceport or a service
 11-9    the corporation provides;
11-10                (2)  issue a bond as provided by this section;
11-11                (3)  borrow money;
11-12                (4)  loan money to fund a spaceport; and
11-13                (5)  invest money under its control in an investment
11-14    permitted by Chapter 2256, Government Code.
11-15          (j)  A corporation's property, income, and operations are
11-16    exempt from taxes imposed by the state or a political subdivision
11-17    of the state.  In lieu of taxes, a corporation shall make a payment
11-18    to each political subdivision of the state in an amount equal to
11-19    the ad valorem taxes that would be paid on the land of the
11-20    corporation if the land were privately owned.  Tangible personal
11-21    property such as a spacecraft or other property necessary to launch
11-22    the spacecraft is not taxable under Section 11.01, Tax Code, if it
11-23    is located in the spaceport.  Chapter 151, Tax Code, does not apply
11-24    to tangible personal property purchased by a person for use in a
11-25    spaceport.
11-26          (k)  A corporation may issue bonds.  The bonds are not an
11-27    obligation or a pledge of the faith and credit of the state, a
 12-1    sponsoring entity or other political subdivision or agency of the
 12-2    state.  A bond issued under this section must:
 12-3                (1)  be payable solely from the revenue of a spaceport
 12-4    developed by the corporation issuing the bond;
 12-5                (2)  mature not later than 50 years after its date of
 12-6    issuance;
 12-7                (3)  state on its face that the bond is not an
 12-8    obligation of the State of Texas or a political subdivision of the
 12-9    state, other than the corporation that issued the bond; and
12-10                (4)  be approved by the governing body of each entity
12-11    that established the corporation.
12-12          (l)  Section 24 of this Act does not apply to a corporation
12-13    under this section.
12-14          SECTION 7.  The Development Corporation Act of 1979 (Article
12-15    5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
12-16    30A to read as follows:
12-17          Sec. 30A.  (a)  For purposes of this section, a "defense base
12-18    development corporation" means a corporation established under
12-19    Section 4B of this Act, for the purpose of promoting projects
12-20    regarding a military base closure or realignment under the Defense
12-21    Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687)
12-22    and its subsequent amendments.
12-23          (b)  Each of the following acts of a defense base development
12-24    corporation is validated and confirmed as of the date it occurred:
12-25                (1)  each act or proceeding of the corporation taken
12-26    before March 1, 1999;
12-27                (2)  the election or appointment and each act of a
 13-1    director or other official of the corporation who took office
 13-2    before the effective date of this Act;
 13-3                (3)  each act or proceeding relating to a bond or other
 13-4    obligation of the corporation authorized before the effective date
 13-5    of this Act; and
 13-6                (4)  each act or proceeding relating to the entity's
 13-7    incorporation under this Act.
 13-8          (c)  This section does not apply to:
 13-9                (1)  an act, proceeding, bond, or obligation the
13-10    validity of which is the subject of litigation that is pending on
13-11    the effective date of this Act;
13-12                (2)  an election or appointment of a director or
13-13    official the validity of which is the subject of litigation that is
13-14    pending on the effective date of this Act;
13-15                (3)  an act or proceeding that was void or that, under
13-16    a statute of this state at the time the action or proceeding
13-17    occurred, was a misdemeanor or felony; or
13-18                (4)  an act or proceeding that has been held invalid by
13-19    a final judgment of a court.
13-20          SECTION 8.  This Act takes effect September 1, 1999.
13-21          SECTION 9.  The importance of this legislation and the
13-22    crowded condition of the calendars in both houses create an
13-23    emergency and an imperative public necessity that the
13-24    constitutional rule requiring bills to be read on three several
13-25    days in each house be suspended, and this rule is hereby suspended.