By:  Shapiro                                          S.B. No. 1771
         99S0811/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to tax abatement procedures and agreements of the Dallas
 1-2     County Utility and Reclamation District; validating certain acts of
 1-3     the district.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 4B, Chapter 628, Acts of the 68th
 1-6     Legislature, Regular Session, 1983, is amended to read as follows:
 1-7           Sec. 4B.  In addition to the powers granted elsewhere in this
 1-8     Act, the district is hereby vested with and shall have and may
 1-9     exercise the following additional rights, powers, privileges,
1-10     authorities, and functions:
1-11                 (1)  The district may enter into tax abatement
1-12     agreements and may designate areas as reinvestment zones pursuant
1-13     to Section 1-g, Article VIII, Texas Constitution, this Act, and
1-14     Chapter 312, Tax Code.  Chapter 312, Tax Code, shall be followed by
1-15     the district except to the extent modified by this Act. In the case
1-16     of any conflict between this Act and Chapter 312, Tax Code, the
1-17     provisions of this Act shall prevail.
1-18                 (2)  This Act shall stay in effect during the effective
1-19     dates of all tax abatement agreements entered into by the district
1-20     or until this Act is amended by the legislature, whichever occurs
1-21     later.
1-22                 (3)  The governing body of the district may designate
1-23     as a reinvestment zone, an area within its boundaries that
1-24     satisfies the requirements of Section 312.202, Tax Code.
 2-1                 (4)  The district and its governing body shall have all
 2-2     of a municipality's rights, powers, and authorization contained in
 2-3     Chapter 312, Tax Code.
 2-4                 (5)  The district shall [may] enter into tax abatement
 2-5     agreements for periods of not to exceed 25 [30] years pursuant to
 2-6     the following term schedule:
 2-7            If notice for the project, as
 2-8            that term is defined in the tax
 2-9            abatement policies, is submitted
2-10            in:                                         The term is:
2-11                   calendar year 1999                   25 years
2-12                   calendar year 2000                   24 years
2-13                   calendar year 2001                   23 years
2-14                   calendar year 2002                   22 years
2-15                   calendar year 2003                   21 years
2-16                   calendar year 2004 or later          20 years
2-17     Tax abatement agreements shall be subject to the rights of holders
2-18     of current and subsequently issued outstanding tax-supported bonds,
2-19     whether heretofore or hereafter issued, and of credit providers of
2-20     the district. The effective tax rate in the tax abatement and
2-21     development agreement, as that term is defined in the tax abatement
2-22     policy guidelines and criteria of the district, shall be:
2-23          Residential Land Use:               $.60 per hundred dollars
2-24                                              of assessed eligible
2-25                                              property value
 3-1          Nonresidential Land Use:            $.50 per hundred dollars
 3-2                                              of assessed eligible
 3-3                                              property value
 3-4     The tax abatement and development agreement shall be with owners of
 3-5     real and personal property within the district for a proposed
 3-6     project or projects.  The district's definition of project shall be
 3-7     incorporated into the tax abatement and development agreement.  The
 3-8     form and substance of the district's tax abatement agreement
 3-9     approved by the district's board of directors and identified as
3-10     "Generic Tax Abatement Agreement" is hereby approved, ratified, and
3-11     validated.  The tax abatement project and agreement shall be
3-12     consistent with the district's tax abatement policy guidelines and
3-13     the requirements of the deed restrictions enforced by the Las
3-14     Colinas Association or equivalent restrictions enforced by the
3-15     district, as the sole criteria for the project. The tax abatement
3-16     agreements may include phased projects, do not have to be identical
3-17     within the same reinvestment zone, may incorporate district's
3-18     requirements relative to infrastructure, and are valid for a period
3-19     not to exceed 25 years.  The district may enter into tax abatement
3-20     agreements relative to real property and to all personal property.
3-21     The provisions of this Act shall prevail over any inconsistent
3-22     provision in Chapter 312, Tax Code.
3-23                 (6)  Tax abatement agreements entered into by the
3-24     district are not required to contain identical terms of other tax
3-25     abatement agreements, if any, covering the same or a portion of the
3-26     same exempted property.
 4-1                 (7)  The district may enter into tax abatement
 4-2     agreements for facilities and structures that commenced or were
 4-3     modified on or after January 1, 1995, but before the effective date
 4-4     of this Act.
 4-5                 (8)  The district may exempt personal property located
 4-6     on property described in Subdivision (7) in each year covered by
 4-7     the agreement except for personal property located on the property
 4-8     at any time before the period covered by the agreement began.
 4-9                 (9)  Policy guidelines and criteria adopted by the
4-10     district are effective during the effective dates of all tax
4-11     abatement agreements entered into by the district.  The policy
4-12     guidelines and criteria may be amended from time to time by a vote
4-13     of the governing body.
4-14                 (10)  The designation of a reinvestment zone for
4-15     residential or commercial-industrial tax abatement purposes shall
4-16     be in effect for 25 years or until the termination of all
4-17     outstanding tax abatement agreements, whichever occurs last.
4-18                 (11)  The tax abatement agreements entered into within
4-19     the same reinvestment zone are not required to be identical.
4-20                 (12)  A tax abatement agreement may describe the kind,
4-21     number, and location of all proposed improvements in a general
4-22     manner subject to change at such time as the specifics of the
4-23     project are quantified pursuant to a notice of intent to construct
4-24     the project is submitted to the district.
4-25           SECTION 2.  With regard to the holders of outstanding bonds,
4-26     this Act is intended to clarify the legislative intent of
 5-1     Subdivision (5), Section 4B, Chapter 628, Acts of the 68th
 5-2     Legislature, Regular Session, 1983, as amended by this Act.  The
 5-3     legislature intended at the time of the addition of Section 4B by
 5-4     Chapter 27, Acts of the 74th Legislature, 1995, Regular Session, to
 5-5     include, with regard to the rights of holders of outstanding tax
 5-6     supported bonds, any bonds issued before or after the date of any
 5-7     tax abatement agreements.
 5-8           SECTION 3.  The legislature specifically finds and declares
 5-9     that the requirements of Article XVI, Section 59(d), of the Texas
5-10     Constitution, have been met and accomplished in due course and time
5-11     and in due order and that the legislature has the authority to
5-12     enact this Act.
5-13           SECTION 4.  The organization of the Dallas County Utility and
5-14     Reclamation District and all elections held, all contracts
5-15     excecuted, all bonds and other obligations issued by the district
5-16     and the expenditure of funds in payment or satisfaction thereof,
5-17     all sales and donations of assets, all tax rate reduction
5-18     agreements, and all governmental and proprietary actions are
5-19     validated, ratified, and confirmed.  All bonds voted and all
5-20     maintenance taxes authorized at elections held within the district
5-21     may be issued, levied, and collected by the board of directors of
5-22     the district without the necessity of any further elections.
5-23           SECTION 5.  If any provision of this Act or its application
5-24     to any person or circumstance is held to be invalid, the invalidity
5-25     does not affect other provisions or applications of this Act that
5-26     can be given effect without the invalid provision or application,
 6-1     and to this end the provisions of this Act are declared to be
 6-2     severable.  All the terms and provisions of this Act are to be
 6-3     liberally construed to effectuate the purposes, powers, rights,
 6-4     functions, and authorities herein set forth.
 6-5           SECTION 6.  This Act takes effect September 1, 1999.
 6-6           SECTION 7.  The importance of this legislation and the
 6-7     crowded condition of the calendars in both houses create an
 6-8     emergency and an imperative public necessity that the
 6-9     constitutional rule requiring bills to be read on three several
6-10     days in each house be suspended, and this rule is hereby suspended.