By Oliveira                                           H.B. No. 3029
         76R7261 CLG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the projects of certain industrial development
 1-3     corporations and the taxes levied for those projects.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2(10), Development Corporation Act of
 1-6     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
 1-7     read as follows:
 1-8                 (10)  "Project" shall mean the land, buildings,
 1-9     equipment, facilities, targeted infrastructure, and improvements
1-10     (one or more) to  promote new and expanded business development or
1-11     found by the board of directors to be required or suitable for the
1-12     promotion of development and  expansion of manufacturing and
1-13     industrial facilities, job creation and retention, job training,
1-14     educational facilities, transportation  facilities (including but
1-15     not limited to airports, ports, mass commuting facilities, and
1-16     parking facilities), sewage or solid waste disposal  facilities,
1-17     recycling facilities, air or water pollution control facilities,
1-18     facilities for the furnishing of water to the general public,
1-19     distribution centers, and small warehouse facilities capable of
1-20     serving as decentralized storage and distribution centers, and for
1-21     the promotion of development or redevelopment and expansion,
1-22     including costs of administration and operation, of a military base
1-23     closed or realigned pursuant to recommendation of the Defense
1-24     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,  Development Corporation Act of 1979
 4-9     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
4-10     adding Subsection (e-1) and amending Subsection (i) to read as
4-11     follows:
4-12           (e-1) In a city in which a sales and use tax for the benefit
4-13     of a corporation has been imposed under this section, in the same
4-14     manner and by the same procedure the city by majority vote of the
4-15     qualified voters of the city voting at an election called and held
4-16     for the purpose may reduce or increase the tax.  The rate may be
4-17     reduced in one or more increments of one-eighth of one percent to a
4-18     minimum of one-eighth of one percent or increased in one or more
4-19     increments of one-eighth of one percent to a maximum of one-half of
4-20     one percent.  On petition of 10 percent or more of the registered
4-21     voters of the city requesting an election on the increase or
4-22     reduction of the tax under this section, the governing body of the
4-23     city shall order an election on the issue.  In an election to
4-24     increase or reduce the tax under this section, the ballot shall be
4-25     printed to provide for voting for or against the proposition:  "The
4-26     _________ (insert "increase in" or "reduction of", as appropriate)
4-27     a sales and use tax adopted for the promotion and development of
 5-1     new and expanded business from a rate of __________ (insert
 5-2     applicable tax rate) to a rate of __________ (insert proposed tax
 5-3     rate).
 5-4           (i)  On petition of 10 percent or more of the registered
 5-5     voters of the city requesting an election on the dissolution of the
 5-6     corporation, the governing body shall order an election on the
 5-7     issue at the next available uniform election date that is not later
 5-8     than the 45th day after the date on which the petition is filed.
 5-9     The election must be conducted according to the applicable
5-10     provisions of the Election Code.  The ballot for the election shall
5-11     be printed to provide for voting for or against the proposition:
5-12     "Dissolution of the ___________________ (name of the corporation)."
5-13     If a majority of voters voting on the issue approve the
5-14     dissolution, the corporation shall continue operations only as
5-15     necessary to pay the principal of and interest on its bonds and to
5-16     meet obligations incurred before the date of the election and, to
5-17     the extent practicable, shall dispose of its assets and apply the
5-18     proceeds to satisfy those obligations.  When the last of the
5-19     obligations is satisfied, any remaining assets of the corporation
5-20     shall be transferred to the city, and the corporation is dissolved.
5-21     A [sales and use] tax imposed under this section may not be
5-22     collected after the last day of the first calendar quarter
5-23     beginning [occurring] after notification to the comptroller by the
5-24     corporation that the last of its obligations is satisfied [all
5-25     bonds or other obligations of the corporation that are payable in
5-26     whole or in part from the proceeds of the sales and use tax under
5-27     this section, including any refunding bonds or other obligations,
 6-1     have been paid in full or the full amount of money, exclusive of
 6-2     guaranteed interest, necessary to pay in full the bonds and other
 6-3     obligations has been set aside in a trust account dedicated to the
 6-4     payment of the bonds and other obligations].
 6-5           SECTION 4.  The Development Corporation Act of 1979 (Article
 6-6     5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
 6-7     4D to read as follows:
 6-8           Sec. 4D.   The legislature finds for all constitutional and
 6-9     statutory purposes that projects as defined by Section 2(10) of
6-10     this Act are owned, used, and held for public purposes for and on
6-11     behalf of the eligible city incorporating the corporation, and
6-12     Section 23(b) of this Act and Section 25.07(a), Tax Code, are not
6-13     applicable to leasehold or other possessory interests granted by
6-14     the corporation during the period projects are owned by the
6-15     corporation on behalf of the eligible city. Projects are exempt
6-16     from taxation under Section 11.11, Tax Code, for that period.
6-17           SECTION 5.  This Act takes effect September 1, 1999.
6-18           SECTION 6.  The importance of this legislation and the
6-19     crowded condition of the calendars in both houses create an
6-20     emergency and an imperative public necessity that the
6-21     constitutional rule requiring bills to be read on three several
6-22     days in each house be suspended, and this rule is hereby suspended.