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