By Gallegos S.B. No. 824
Substitute the following for S.B. No. 824:
By Sadler C.S.S.B. No. 824
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers of municipalities that have created certain
1-3 reinvestment zones.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 311.008, Tax Code, is amended to read as
1-6 follows:
1-7 Sec. 311.008. POWERS OF MUNICIPALITY. (a) In this section,
1-8 "educational facility" includes equipment, real property, and other
1-9 facilities, including a public school building, that are used or
1-10 intended to be used jointly by the municipality and an independent
1-11 school district.
1-12 (b) A municipality may exercise any power necessary and
1-13 convenient to carry out this chapter, including the power to:
1-14 (1) cause project plans to be prepared, approve and
1-15 implement the plans, and otherwise achieve the purposes of the
1-16 plan;
1-17 (2) acquire real property by purchase, condemnation,
1-18 or other means to implement project plans and sell that property on
1-19 the terms and conditions and in the manner it considers advisable;
1-20 (3) enter into agreements, including agreements with
1-21 bondholders, determined by the governing body of the municipality
1-22 to be necessary or convenient to implement project plans and
1-23 achieve their purposes, which agreements may include conditions,
2-1 restrictions, or covenants that run with the land or that by other
2-2 means regulate or restrict the use of land; and
2-3 (4) consistent with the project plan for the zone:
2-4 (A) acquire blighted, deteriorated,
2-5 deteriorating, undeveloped, or inappropriately developed real
2-6 property or other property in a blighted area or in a federally
2-7 assisted new community in the zone for the preservation or
2-8 restoration of historic sites, beautification or conservation, the
2-9 provision of public works or public facilities, or other public
2-10 purposes; [or]
2-11 (B) acquire, construct, reconstruct, or install
2-12 public works, facilities, or sites or other public improvements,
2-13 including utilities, streets, street lights, water and sewer
2-14 facilities, pedestrian malls and walkways, parks, flood and
2-15 drainage facilities, [educational facilities,] or parking
2-16 facilities, but not including educational facilities; or
2-17 (C) in a reinvestment zone created on or before
2-18 September 1, 1999, acquire, construct, or reconstruct educational
2-19 facilities in the municipality.
2-20 (c) [(b)] The powers authorized by Subsection (b)(2)
2-21 [(a)(2)] prevail over any law or municipal charter to the contrary.
2-22 (d) [(c)] A municipality may make available to the public on
2-23 request financial information regarding the acquisition by the
2-24 municipality of land in the zone when the municipality acquires the
2-25 land.
2-26 SECTION 2. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.