1-1     By:  Oliveira, et al. (Senate Sponsor - Brown)        H.B. No. 3029
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on Economic
 1-4     Development; May 14, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain industrial development corporations, projects
 1-9     of industrial development corporations, and the taxes levied for
1-10     projects.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 2(10), Development Corporation Act of
1-13     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
1-14     read as follows:
1-15                 (10)  "Project" shall mean the land, buildings,
1-16     equipment, facilities, targeted infrastructure, and improvements
1-17     (one or more) to promote new and expanded business development or
1-18     found by the board of directors to be required or suitable for the
1-19     promotion of development and expansion of manufacturing and
1-20     industrial facilities, job creation and retention, job training,
1-21     educational facilities, transportation facilities (including but
1-22     not limited to airports, ports, mass commuting facilities, and
1-23     parking facilities), sewage or solid waste disposal facilities,
1-24     recycling facilities, air or water pollution control facilities,
1-25     facilities for the furnishing of water to the general public,
1-26     distribution centers, and small warehouse facilities capable of
1-27     serving as decentralized storage and distribution centers, and for
1-28     the promotion of development or redevelopment and expansion,
1-29     including costs of administration and operation, of a military base
1-30     closed or realigned pursuant to recommendation of the Defense
1-31     Closure and Realignment Commission pursuant to the Defense Base
1-32     Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note)
1-33     as amended, and of facilities which are related to any of the
1-34     foregoing, and in furtherance of the public purposes of this Act,
1-35     all as defined in the rules of the department, irrespective of
1-36     whether in existence or required to be identified, acquired, or
1-37     constructed thereafter.  As used in this Act, the term "development
1-38     areas" shall mean any area or areas of a city that the city finds
1-39     and determines, after a public hearing, should be developed in
1-40     order to meet the development objectives of the city.  In addition,
1-41     in blighted or economically depressed areas, development areas,
1-42     federally designated empowerment zones and enterprise communities
1-43     designated under Section 1391, Internal Revenue Code of 1986, or
1-44     federally assisted new communities located within a home-rule city
1-45     or a federally designated economically depressed county of less
1-46     than 50,000 persons according to the last federal decennial census,
1-47     a project may include the land, buildings, equipment, facilities,
1-48     and improvements (one or more) found by the board of directors to
1-49     be required or suitable for the promotion of commercial development
1-50     and expansion and in furtherance of the public purposes of this
1-51     Act, or for use by commercial enterprises, all as defined in the
1-52     rules of the department, irrespective of whether in existence or
1-53     required to be acquired or constructed thereafter.  As used in this
1-54     Act, the term blighted or economically depressed areas shall mean
1-55     those areas and areas immediately adjacent thereto within a city
1-56     which by reason of the presence of a substantial number of
1-57     substandard, slum, deteriorated, or deteriorating structures, or
1-58     which suffer from a high relative rate of unemployment, or which
1-59     have been designated and included in a tax incremental district
1-60     created under Chapter 695, Acts of the 66th Legislature, Regular
1-61     Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or
1-62     any combination of the foregoing, the city finds and determines,
1-63     after a hearing, substantially impair or arrest the sound growth of
1-64     the city, or constitute an economic or social liability and are a
 2-1     menace to the public health, safety, or welfare in their present
 2-2     condition and use.  The department shall adopt guidelines that
 2-3     describe the kinds of areas that may be considered to be blighted
 2-4     or economically depressed.  The city shall consider these
 2-5     guidelines in making its findings and determinations.  Notice of
 2-6     the hearing at which the city considers establishment of a
 2-7     development area or an economically depressed or blighted area
 2-8     shall be posted at the city hall before the hearing.
 2-9           "Federally assisted new communities" shall mean those
2-10     federally assisted areas which have received or will receive
2-11     assistance in the form of loan guarantees under Title X of the
2-12     National Housing Act and a portion of the federally assisted area
2-13     has received grants under Section 107(a)(1) of the Housing and
2-14     Community Development Act of 1974, as amended.
2-15           SECTION 2.  Section 4A,  Development Corporation Act of 1979
2-16     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
2-17     adding Subsection (c-1) to read as follows:
2-18           (c-1)  The costs of a publicly owned and operated project
2-19     that is purchased or constructed under this section include the
2-20     maintenance and operating costs of the project. The proceeds of
2-21     taxes imposed under this section may be used to pay the maintenance
2-22     and operating costs of a project, unless not later than the 60th
2-23     day after the date notice of this specific use of the tax proceeds
2-24     is first published, the governing body of the city receives a
2-25     petition from more than 10 percent of the registered voters of the
2-26     city requesting that an election be held before the tax proceeds
2-27     may be used to pay the maintenance and operating costs of a
2-28     project.
2-29           SECTION 3.  Section 4B(a)(1), Development Corporation Act of
2-30     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
2-31     read as follows:
2-32                 (1)  "Eligible city" means a city:
2-33                       (A)  that is located in a county with a
2-34     population of 750,000 or more, according to the most recent federal
2-35     decennial census and in which the combined rate of all sales and
2-36     use taxes imposed by the city, the state, and other political
2-37     subdivisions of the state having territory in the city does not
2-38     exceed 8.25 [7.25] percent on the date of any election held under
2-39     or made applicable to this section;
2-40                       (B)  that has a population of 400,000 or more,
2-41     according to the most recent federal decennial census, and that is
2-42     located in more than one county, and in which the combined rate of
2-43     all sales and use taxes imposed by the city, the state, and other
2-44     political subdivisions of the state having territory in the city,
2-45     including taxes under this section, does not exceed 8.25 percent;
2-46                       (C)  that is located in a county with a
2-47     population of more than 1,100,000 according to the most recent
2-48     federal decennial census, in which there are more than 29
2-49     incorporated municipalities according to the most recent federal
2-50     decennial census, and in which the combined rate of all sales and
2-51     use taxes imposed by the city, the state, and other political
2-52     subdivisions of the state having territory in the city does not
2-53     exceed 7.75 percent on the date of any election held under or made
2-54     applicable to this section; or
2-55                       (D)  to which Section 4A of this Act applies.
2-56                       (E)  Paragraph (C) of this subdivision expires
2-57     September 1, 1999.
2-58           SECTION 4.  Section 4B,  Development Corporation Act of 1979
2-59     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
2-60     adding Subsection (e-1) and amending Subsection (i) to read as
2-61     follows:
2-62           (e-1)  In a city in which a sales and use tax for the benefit
2-63     of a corporation has been imposed under this section, in the same
2-64     manner and by the same procedure the city by majority vote of the
2-65     qualified voters of the city voting at an election called and held
2-66     for the purpose may reduce or increase the tax.  The rate may be
2-67     reduced in one or more increments of one-eighth of one percent to a
2-68     minimum of one-eighth of one percent or increased in one or more
2-69     increments of one-eighth of one percent to a maximum of one-half of
 3-1     one percent.  On petition of 10 percent or more of the registered
 3-2     voters of the city requesting an election on the increase or
 3-3     reduction of the tax under this section, the governing body of the
 3-4     city shall order an election on the issue.  In an election to
 3-5     increase or reduce the tax under this section, the ballot shall be
 3-6     printed to provide for voting for or against the proposition:  "The
 3-7     _________ (insert "increase in" or "reduction of", as appropriate)
 3-8     a sales and use tax adopted for the promotion and development of
 3-9     new and expanded business from a rate of __________ (insert
3-10     applicable tax rate) to a rate of __________ (insert proposed tax
3-11     rate).
3-12           (i)  On petition of 10 percent or more of the registered
3-13     voters of the city requesting an election on the dissolution of the
3-14     corporation, the governing body shall order an election on the
3-15     issue at the next available uniform election date that is not later
3-16     than the 45th day after the date on which the petition is filed.
3-17     The election must be conducted according to the applicable
3-18     provisions of the Election Code.  The ballot for the election shall
3-19     be printed to provide for voting for or against the proposition:
3-20     "Dissolution of the ___________________ (name of the corporation)."
3-21     If a majority of voters voting on the issue approve the
3-22     dissolution, the corporation shall continue operations only as
3-23     necessary to pay the principal of and interest on its bonds and to
3-24     meet obligations incurred before the date of the election and, to
3-25     the extent practicable, shall dispose of its assets and apply the
3-26     proceeds to satisfy those obligations.  When the last of the
3-27     obligations is satisfied, any remaining assets of the corporation
3-28     shall be transferred to the city, and the corporation is dissolved.
3-29     A [sales and use] tax imposed under this section may not be
3-30     collected after the last day of the first calendar quarter
3-31     beginning [occurring] after notification to the comptroller by the
3-32     corporation that the last of its obligations is satisfied [all
3-33     bonds or other obligations of the corporation that are payable in
3-34     whole or in part from the proceeds of the sales and use tax under
3-35     this section, including any refunding bonds or other obligations,
3-36     have been paid in full or the full amount of money, exclusive of
3-37     guaranteed interest, necessary to pay in full the bonds and other
3-38     obligations has been set aside in a trust account dedicated to the
3-39     payment of the bonds and other obligations].
3-40           SECTION 5.  The Development Corporation Act of 1979 (Article
3-41     5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
3-42     4D to read as follows:
3-43           Sec. 4D.   The legislature finds for all constitutional and
3-44     statutory purposes that projects as defined by Section 2(10) of
3-45     this Act are owned, used, and held for public purposes for and on
3-46     behalf of the eligible city incorporating the corporation, and
3-47     Section 23(b) of this Act and Section 25.07(a), Tax Code, are not
3-48     applicable to leasehold or other possessory interests granted by
3-49     the corporation during the period projects are owned by the
3-50     corporation on behalf of the eligible city. Projects are exempt
3-51     from taxation under Section 11.11, Tax Code, for that period.
3-52           SECTION 6.  The Development Corporation Act of 1979 (Article
3-53     5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
3-54     4E to read as follows:
3-55           Sec. 4E.  DEVELOPMENT CORPORATION FOR SPACEPORT FACILITIES.
3-56     (a)  In this section:
3-57                 (1)  "Eligible entity" means any county or combination
3-58     of municipalities and counties.
3-59                 (2)  "Project" means land, buildings, equipment,
3-60     facilities, and improvements included in the definition of that
3-61     term under Section 2 of this Act, including land, buildings,
3-62     equipment, facilities, and improvements found by the board of
3-63     directors to:
3-64                       (A)  be required or suitable for use for the
3-65     promotion or development of a spaceport, related area
3-66     transportation facilities, automobile parking facilities, and
3-67     related roads, streets, and water and sewer facilities, and other
3-68     related improvements that enhance any of those items;
3-69                       (B)  promote or develop new or expanded business
 4-1     enterprises relating to a spaceport;
 4-2                       (C)  promote or develop educational programs and
 4-3     job training in connection with a spaceport;
 4-4                       (D)  be required or suitable for the promotion of
 4-5     development and expansion of affordable housing, as defined by 42
 4-6     U.S.C. Section 12745, in connection with a spaceport.
 4-7                 (3)  "Spacecraft" includes a satellite.
 4-8                 (4)  "Spaceport" includes:
 4-9                       (A)  an area intended to be used to launch or
4-10     land a spacecraft;
4-11                       (B)  a spaceport building or facility located on
4-12     an area appurtenant to a launching or landing area;
4-13                       (C)  an area appurtenant to a launching or
4-14     landing area that is intended for use for a spaceport building or
4-15     facility; and
4-16                       (D)  a right-of-way related to a launching or
4-17     landing area, building facility, or other area that is appurtenant
4-18     to a launching or landing area.
4-19           (b)  An eligible entity may create a corporation under this
4-20     Act governed by this section.  The corporation has the powers
4-21     granted by this section and by other sections of this Act and is
4-22     subject to the limitations of a corporation created under other
4-23     provisions of this Act.  To the extent of a conflict between this
4-24     section and another provision of this Act, this section prevails.
4-25     The articles of incorporation of a corporation under this section
4-26     must state that the corporation is governed by this section and may
4-27     include within its name any words and phrases specified by the
4-28     eligible entity.
4-29           (c)  A corporation may:
4-30                 (1)  acquire, convey, mortgage, or otherwise dispose of
4-31     property; and
4-32                 (2)  exercise the power of eminent domain to acquire
4-33     property for a spaceport, including the power to:
4-34                       (A)  acquire fee title in land condemned;
4-35                       (B)  relocate or modify a railroad, utility line,
4-36     pipeline, or other facility that may interfere with a spaceport; or
4-37                       (C)  impose a reasonable restriction on using the
4-38     surface of the property for mineral development if the corporation
4-39     does not own the mineral rights.
4-40           (d)  A corporation may not issue a bond or acquire property
4-41     unless a site in the territory of the eligible entity that
4-42     established the corporation has been designated as the site for a
4-43     spaceport.
4-44           (e)  Before exercising the power of eminent domain under this
4-45     section, a corporation must obtain a resolution approving the
4-46     proposed condemnation from the governing body of a county or
4-47     municipality in which the property is located.  For purposes of
4-48     this section, territory in the extraterritorial jurisdiction of a
4-49     municipality is considered to be in the jurisdiction of the
4-50     municipality.  The exercise of the power of eminent domain by the
4-51     corporation is governed by Chapter 21, Property Code.
4-52           (f)  A corporation may make an agreement with or accept a
4-53     donation, grant, or loan from any person.  A corporation may enter
4-54     into an interlocal contract under Chapter 791, Government Code.  A
4-55     corporation may not contract to operate a spaceport unless the
4-56     agreement provides that the person contracting with the corporation
4-57     must assume the corporation's liability for a cause of action
4-58     arising from environmental damage.  A corporation may sue and be
4-59     sued.
4-60           (g)  A corporation is governed by a board of seven directors.
4-61     For a corporation established by a single county, the commissioners
4-62     court of the county shall appoint the directors.  If more than one
4-63     public entity creates the corporation the board must be appointed
4-64     by written agreement between the governing bodies of those
4-65     entities.  Each director serves a two-year term that expires June 1
4-66     of each odd-numbered year except that the terms of three or four of
4-67     the initial directors may be for a one-year term so that the terms
4-68     can be staggered for future two-year terms.  A board shall elect a
4-69     presiding officer from among its members.  A board by rule may
 5-1     provide for the election of other officers.  The board shall meet
 5-2     at least once every three months and at the call of the presiding
 5-3     officer or a majority of the directors.
 5-4           (h)  A board by rule may develop a plan for higher education
 5-5     courses and degree programs to be offered at or near a spaceport.
 5-6     These planned courses and degree programs must be related to the
 5-7     purposes of this chapter. The Texas Aerospace Commission and the
 5-8     Texas Higher Education Coordinating Board shall cooperate with and
 5-9     advise a board in carrying out this section.
5-10           (i)  A corporation may:
5-11                 (1)  impose a charge for using a spaceport or a service
5-12     the corporation provides;
5-13                 (2)  issue a bond as provided by this section;
5-14                 (3)  borrow money;
5-15                 (4)  loan money to fund a spaceport; and
5-16                 (5)  invest money under its control in an investment
5-17     permitted by Chapter 2256, Government Code.
5-18           (j)  A corporation's property, income, and operations are
5-19     exempt from taxes imposed by the state or a political subdivision
5-20     of the state.  In lieu of taxes, a corporation shall make a payment
5-21     to each political subdivision of the state in an amount equal to
5-22     the ad valorem taxes that would be paid on the land of the
5-23     corporation if the land were privately owned.  Tangible personal
5-24     property such as a spacecraft or other property necessary to launch
5-25     the spacecraft is not taxable under Section 11.01, Tax Code, if it
5-26     is located in the spaceport.  Chapter 151, Tax Code, does not apply
5-27     to tangible personal property purchased by a person for use in a
5-28     spaceport.
5-29           (k)  A corporation may issue bonds.  The bonds are not an
5-30     obligation or a pledge of the faith and credit of the state, a
5-31     sponsoring entity or other political subdivision or agency of the
5-32     state.  A bond issued under this section must:
5-33                 (1)  be payable solely from the revenue of a spaceport
5-34     developed by the corporation issuing the bond;
5-35                 (2)  mature not later than 50 years after its date of
5-36     issuance;
5-37                 (3)  state on its face that the bond is not an
5-38     obligation of the State of Texas or a political subdivision of the
5-39     state, other than the corporation that issued the bond; and
5-40                 (4)  be approved by the governing body of each entity
5-41     that established the corporation.
5-42           (l)  Section 24 of this Act does not apply to a corporation
5-43     under this section.
5-44           SECTION 7.  The Development Corporation Act of 1979 (Article
5-45     5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
5-46     30A to read as follows:
5-47           Sec. 30A.  (a)  For purposes of this section, a "defense base
5-48     development corporation" means a corporation established under
5-49     Section 4B of this Act, for the purpose of promoting projects
5-50     regarding a military base closure or realignment under the Defense
5-51     Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687)
5-52     and its subsequent amendments.
5-53           (b)  Each of the following acts of a defense base development
5-54     corporation is validated and confirmed as of the date it occurred:
5-55                 (1)  each act or proceeding of the corporation taken
5-56     before March 1, 1999;
5-57                 (2)  the election or appointment and each act of a
5-58     director or other official of the corporation who took office
5-59     before the effective date of this Act;
5-60                 (3)  each act or proceeding relating to a bond or other
5-61     obligation of the corporation authorized before the effective date
5-62     of this Act; and
5-63                 (4)  each act or proceeding relating to the entity's
5-64     incorporation under this Act.
5-65           (c)  This section does not apply to:
5-66                 (1)  an act, proceeding, bond, or obligation the
5-67     validity of which is the subject of litigation that is pending on
5-68     the effective date of this Act;
5-69                 (2)  an election or appointment of a director or
 6-1     official the validity of which is the subject of litigation that is
 6-2     pending on the effective date of this Act;
 6-3                 (3)  an act or proceeding that was void or that, under
 6-4     a statute of this state at the time the action or proceeding
 6-5     occurred, was a misdemeanor or felony; or
 6-6                 (4)  an act or proceeding that has been held invalid by
 6-7     a final judgment of a court.
 6-8           SECTION 8.  This Act takes effect September 1, 1999.
 6-9           SECTION 9.  The importance of this legislation and the
6-10     crowded condition of the calendars in both houses create an
6-11     emergency and an imperative public necessity that the
6-12     constitutional rule requiring bills to be read on three several
6-13     days in each house be suspended, and this rule is hereby suspended.
6-14                                  * * * * *