1-1     By:  Shapiro                                          S.B. No. 1771
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 23, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 23, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1771              By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to Dallas County Utility and Reclamation District tax
1-11     abatement agreements.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 4B, Chapter 628, Acts of the 68th
1-14     Legislature, Regular Session, 1983, is amended by amending
1-15     Subdivisions (3) and (5) through (8) and adding Subdivisions (9)
1-16     through (15) to read as follows:
1-17                 (3)  The governing body of the district may designate
1-18     as a reinvestment zone for a period of 50 years or until the
1-19     termination of all outstanding tax abatement agreements, whichever
1-20     occurs last, an area within its boundaries that satisfies the
1-21     requirements of Section 312.202, Tax Code.
1-22                 (5)  The district shall [may] enter into tax abatement
1-23     agreements for single-family residential property, as defined by
1-24     the district, for periods of 50 years and for property other than
1-25     single-family residential property for periods not to exceed:
1-26                       (A)  25 years if the notice for the project is
1-27     submitted in 1999;
1-28                       (B)  24 years if the notice for the project is
1-29     submitted in 2000;
1-30                       (C)  23 years if the notice for the project is
1-31     submitted in 2001;
1-32                       (D)  22 years if the notice for the project is
1-33     submitted in 2002;
1-34                       (E)  21 years if the notice for the project is
1-35     submitted in 2003; and
1-36                       (F)  20 years if the notice for the project is
1-37     submitted in 2004 or later.
1-38                 (6)  A tax abatement agreement is [30 years] subject to
1-39     the rights of credit providers of the district, including holders
1-40     of [outstanding] tax-supported bonds of the district, regardless of
1-41     when the bonds were issued.
1-42                 (7)  Except as provided by Subdivision (8) of this
1-43     section, a tax abatement agreement shall provide that the portion
1-44     of the taxable value of the property subject to the agreement that
1-45     exceeds the taxable value of the property for the year in which
1-46     notice for the project to which the agreement pertains is submitted
1-47     is:
1-48                       (A)  subject to an effective tax rate of:
1-49                             (i)  60 cents for each $100 of taxable
1-50     value of property if the property is residential real property
1-51     other than single-family residential property; and
1-52                             (ii)  50 cents for each $100 of taxable
1-53     value of property if the property is nonresidential real property;
1-54     and
1-55                       (B)  exempt from taxation if the property is
1-56     single-family residential property.
1-57                 (8)  This subdivision applies only to a tax abatement
1-58     agreement pertaining to a project for which notice is submitted in
1-59     2001 or later and does not apply to single-family residential
1-60     property.  The applicable effective tax rate under Subdivision (7)
1-61     of this section is increased by the amount that the district's debt
1-62     rate at the time the notice for the project to which the tax
1-63     abatement agreement pertains is submitted exceeds 90 cents for each
1-64     $100 of taxable value of property but may not exceed 75 cents for
 2-1     each $100 of taxable value of property.
 2-2                 (9)  The district may enter into tax abatement
 2-3     agreements with owners of [relative to] real [property] and [to
 2-4     all] personal property within the district for proposed projects.
 2-5                 (10)  The district shall adopt guidelines and criteria
 2-6     governing tax abatement agreements by the district.  The guidelines
 2-7     and criteria must specify the criteria for an eligible project.
 2-8     The guidelines and criteria are effective until the termination of
 2-9     all outstanding tax abatement agreements.  The district may amend
2-10     the guidelines and criteria by a vote of a majority of the members
2-11     of the board of directors of the district.
2-12                 (11)  The district shall adopt a form of tax abatement
2-13     agreement to be used by the district.
2-14                 (12)  A tax abatement agreement entered into by the
2-15     district:
2-16                       (A)  must be consistent with:
2-17                             (i)  the guidelines and criteria adopted by
2-18     the district;
2-19                             (ii)  the form of tax abatement agreement
2-20     adopted by the district; and
2-21                             (iii)  the requirements of deed
2-22     restrictions, or other equivalent restrictions, enforced by the Las
2-23     Colinas Association or by the district; and
2-24                       (B)  may:
2-25                             (i)  include phased projects;
2-26                             (ii)  incorporate the district's
2-27     infrastructure requirements; and
2-28                             (iii)  generally describe the kind, number,
2-29     and location of all proposed improvements, subject to any change
2-30     provided by a notice of intent to construct the project, specifying
2-31     the details of the project, submitted by the owner to the district.
2-32                 (13) [(6)]  Tax abatement agreements entered into by
2-33     the district are not required to contain identical terms as [of]
2-34     other tax abatement agreements, if any, covering:
2-35                       (A)  the same [or a portion of the same exempted]
2-36     property entered into by other taxing units; or
2-37                       (B)  different property entered into by the
2-38     district.
2-39                 (14) [(7)]  The district may enter into tax abatement
2-40     agreements for facilities and structures that commenced or were
2-41     modified on or after January 1, 1995, but before the effective date
2-42     of this Act.
2-43                 (15) [(8)]  The district may tax at a reduced rate as
2-44     provided by Subdivision (7) of this section [exempt] personal
2-45     property located on property described in Subdivision (14) of this
2-46     section [(7)] in each year covered by the agreement except for
2-47     personal property located on the property at any time before the
2-48     period covered by the agreement began.
2-49           SECTION 2.  (a)  The creation of the Dallas County Utility
2-50     and Reclamation District and all elections held by the district,
2-51     contracts entered into by the district, bonds and other obligations
2-52     issued by the district, expenditure of money in payment or
2-53     satisfaction of those bonds or other obligations, sales and
2-54     donations of assets, tax rate reduction agreements, and other
2-55     governmental and proprietary actions of the district are validated,
2-56     ratified, and confirmed.
2-57           (b)  All bonds and maintenance taxes approved at elections
2-58     held in the Dallas County Utility and Reclamation District before
2-59     the effective date of this Act may be issued, levied, and collected
2-60     by the board of directors of the district without the necessity of
2-61     any further elections.
2-62           (c)  The form of tax abatement agreements adopted by the
2-63     board of directors of the Dallas County Utility and Reclamation
2-64     District is validated, ratified, and confirmed.
2-65           SECTION 3.  (a)  The proper and legal notice of the intention
2-66     to introduce this Act, setting forth the general substance of this
2-67     Act, has been published as provided by law, and the notice and a
2-68     copy of this Act have been furnished to all persons, agencies,
2-69     officials, or entities to which they are required to be furnished
 3-1     by the constitution and other laws of this state, including the
 3-2     governor, who has submitted the notice and Act to the Texas Natural
 3-3     Resource Conservation Commission.
 3-4           (b)  The Texas Natural Resource Conservation Commission has
 3-5     filed its recommendations relating to this Act with the governor,
 3-6     lieutenant governor, and speaker of the house of representatives
 3-7     within the required time.
 3-8           (c)  All requirements of the constitution and laws of this
 3-9     state and the rules and procedures of the legislature with respect
3-10     to the notice, introduction, and passage of this Act are fulfilled
3-11     and accomplished.
3-12           SECTION 4.  This Act takes effect September 1, 1999.
3-13           SECTION 5.  The importance of this legislation and the
3-14     crowded condition of the calendars in both houses create an
3-15     emergency and an imperative public necessity that the
3-16     constitutional rule requiring bills to be read on three several
3-17     days in each house be suspended, and this rule is hereby suspended.
3-18                                  * * * * *