76R12031 E                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to reinvestment zones and tax increment financing under
 1-3     the Tax Increment Financing Act, tax abatement agreements within
 1-4     those zones, and the administration of certain local government
 1-5     corporations.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 311.002(1), Tax Code, is amended to read
 1-8     as follows:
 1-9                 (1)  "Project costs" means the expenditures made or
1-10     estimated to be made and monetary obligations incurred or estimated
1-11     to be incurred by the municipality establishing a reinvestment zone
1-12     that are listed in the project plan as costs of public works or
1-13     public improvements inside or outside [in] the zone, plus other
1-14     costs incidental to those expenditures and obligations.  "Project
1-15     costs" include:
1-16                       (A)  capital costs, including the actual costs of
1-17     the acquisition and construction of public works, public
1-18     improvements, new buildings, structures, and fixtures;  the actual
1-19     costs of the acquisition, demolition, alteration, remodeling,
1-20     repair, or reconstruction of existing buildings, structures, and
1-21     fixtures; and the actual costs of the acquisition of land and
1-22     equipment and the clearing and grading of land;
1-23                       (B)  financing costs, including all interest paid
1-24     to holders of evidences of indebtedness or other obligations issued
1-25     to pay for project costs and any premium paid over the principal
1-26     amount of the obligations because of the redemption of the
1-27     obligations before maturity;
 2-1                       (C)  real property assembly costs;
 2-2                       (D)  professional service costs, including those
 2-3     incurred for architectural, planning, engineering, and legal advice
 2-4     and services;
 2-5                       (E)  imputed administrative costs, including
 2-6     reasonable charges for the time spent by employees of the
 2-7     municipality in connection with the implementation of a project
 2-8     plan;
 2-9                       (F)  relocation costs;
2-10                       (G)  organizational costs, including the costs of
2-11     conducting environmental impact studies or other studies, the cost
2-12     of publicizing the creation of the zone, and the cost of
2-13     implementing the project plan for the zone;
2-14                       (H)  interest before and during construction and
2-15     for one year after completion of construction, whether or not
2-16     capitalized;
2-17                       (I)  the cost of operating the reinvestment zone
2-18     and project facilities;
2-19                       (J)  the amount of any contributions made by the
2-20     municipality from general revenue for the implementation of the
2-21     project plan; and
2-22                       (K)  payments made at the discretion of the
2-23     governing body of the municipality that the municipality finds
2-24     necessary or convenient to the creation of the zone or to the
2-25     implementation of the project plans for the zone.
2-26           SECTION 2.  Section 311.009, Tax Code, is amended by adding
2-27     Subsection (g) to read as follows:
 3-1           (g)  A member of the board of directors of a reinvestment
 3-2     zone:
 3-3                 (1)  is not a public official by virtue of that
 3-4     position; and
 3-5                 (2)  unless otherwise ineligible, may be appointed to
 3-6     serve concurrently on the board of directors of a local government
 3-7     corporation created under Subchapter D, Chapter 431, Transportation
 3-8     Code.
 3-9           SECTION 3.  Section 311.010, Tax Code, is amended by amending
3-10     Subsections (a) and (b) and adding Subsections (d)-(f) to read as
3-11     follows:
3-12           (a)  The board of directors of a reinvestment zone shall make
3-13     recommendations to the governing body of the municipality that
3-14     created the zone concerning the administration of this chapter in
3-15     the zone.  The [In addition to the powers granted to the board
3-16     under this chapter, the] governing body of the municipality by
3-17     ordinance or resolution may authorize [delegate to] the board to
3-18     exercise any of the municipality's powers with respect to the
3-19     administration, management, or operation of the zone or [and duties
3-20     relating to] the implementation of the project plan for the zone,
3-21     except that the governing body may not authorize the board to:
3-22                 (1)  issue bonds;
3-23                 (2)  impose taxes; or
3-24                 (3)  give final approval to the project plan [considers
3-25     advisable].
3-26           (b)  The board of directors of a reinvestment zone and the
3-27     governing body of the municipality that creates a reinvestment zone
 4-1     may each enter into agreements as the board or the governing body
 4-2     considers necessary or convenient to implement the project plan and
 4-3     reinvestment zone financing plan and achieve their purposes.  An
 4-4     agreement may provide for the regulation or restriction of the use
 4-5     of land by imposing conditions, restrictions, or covenants that run
 4-6     with the land.  An agreement may during the term of the agreement
 4-7     dedicate, pledge, or otherwise provide for the use of revenue in
 4-8     [from] the tax increment fund to pay any project [the] costs that
 4-9     benefit the reinvestment zone, regardless of whether the public
4-10     works or public improvements are inside or outside the zone,
4-11     including project costs relating to the cost of buildings, schools,
4-12     or other educational facilities owned by or on behalf of a school
4-13     district, community college district, or other political
4-14     subdivision of this state, railroad or transit facilities,
4-15     affordable housing, the remediation of conditions that contaminate
4-16     public or private land or buildings, the preservation of the facade
4-17     of a private or public building, the demolition of public or
4-18     private buildings, or the replacement of [replacing] housing or
4-19     areas of public assembly [in or out of the zone].  Project costs
4-20     associated with public works or public improvements that are
4-21     located outside a reinvestment zone must be approved by each taxing
4-22     unit that deposits or agrees to deposit any part of its tax
4-23     increment into the tax increment fund for the zone.  An agreement
4-24     may dedicate revenue from the tax increment fund to pay a
4-25     neighborhood enterprise association for providing services or
4-26     carrying out projects authorized under Subchapters E and G, Chapter
4-27     2303, Government Code, in the zone.  The term of an agreement with
 5-1     a neighborhood enterprise association may not exceed 10 years.
 5-2           (d)  The board of directors of a reinvestment zone may
 5-3     exercise any power granted to a municipality by Section 311.008,
 5-4     except that:
 5-5                 (1)  the municipality that created the reinvestment
 5-6     zone by ordinance or resolution may restrict any power granted to
 5-7     the board by this chapter; and
 5-8                 (2)  the board may exercise a power granted to a
 5-9     municipality under Section 311.008(a)(2) only with the consent of
5-10     the governing body of the municipality.
5-11           (e)  After the governing body of a municipality by ordinance
5-12     creates a reinvestment zone under this chapter, the board of
5-13     directors of the zone may exercise any power granted to a board
5-14     under this chapter.
5-15           (f)  The board of directors of a reinvestment zone and the
5-16     governing body of the municipality may enter into a contract with a
5-17     local government corporation to manage the reinvestment zone or
5-18     implement the project plan and reinvestment zone financing plan for
5-19     the term of the agreement.  In this subsection, "local government
5-20     corporation" means a local government corporation created by the
5-21     municipality under Chapter 431, Transportation Code.
5-22           SECTION 4.  Section 311.011(f), Tax Code, is amended to read
5-23     as follows:
5-24           (f)  In a zone designated under Section 311.005(a)(5) that is
5-25     located in a county with a population of 2.1 million or more, the
5-26     project plan must provide that at least one-third of the [surface
5-27     area of the zone, excluding roads, streets, highways, utility
 6-1     rights-of-way, and other public areas or areas exempt from ad
 6-2     valorem taxation, be dedicated to residential housing and that at
 6-3     least one-third of the] tax increment of the zone be used to
 6-4     provide affordable [dedicated to providing low-income] housing
 6-5     during the term of the zone.
 6-6           SECTION 5.  Chapter 311, Tax Code, is amended by adding
 6-7     Section 311.0125 to read as follows:
 6-8           Sec. 311.0125.  TAX ABATEMENT AGREEMENTS.  (a)
 6-9     Notwithstanding any provision in this chapter to the contrary, a
6-10     taxing unit other than a school district may enter into a tax
6-11     abatement agreement with an owner of real or personal property in a
6-12     reinvestment zone, regardless of whether the taxing unit deposits
6-13     or agrees to deposit any portion of its tax increment into the tax
6-14     increment fund.
6-15           (b)  To be effective, an agreement to abate taxes on real
6-16     property in a reinvestment zone must be approved by:
6-17                 (1)  the board of directors of the reinvestment zone;
6-18     and
6-19                 (2)  the governing body of each taxing unit that
6-20     imposes taxes on real property in the reinvestment zone and
6-21     deposits or agrees to deposit any of its tax increment into the tax
6-22     increment fund for the zone.
6-23           (c)  In any contract entered into by the board of directors
6-24     of a reinvestment zone in connection with bonds or other
6-25     obligations, the board may covenant that the board will not approve
6-26     a tax abatement agreement that applies to real property in that
6-27     zone.
 7-1           (d)  If a taxing unit enters into a tax abatement agreement
 7-2     authorized by this section, taxes that are abated under that
 7-3     agreement are not considered taxes to be imposed or produced by
 7-4     that taxing unit in calculating the amount of:
 7-5                 (1)  the tax increment of that taxing unit; or
 7-6                 (2)  that taxing unit's deposit to the tax increment
 7-7     fund for the reinvestment zone.
 7-8           SECTION 6.  Section 311.013, Tax Code, is amended by adding
 7-9     Subsection (j) to read as follows:
7-10           (j)  Section 26.05(f) does not prohibit a taxing unit from
7-11     depositing all of the tax increment produced by the taxing unit in
7-12     a reinvestment zone into the tax increment fund for that zone.
7-13           SECTION 7.  Section 431.101, Transportation Code, is amended
7-14     to read as follows:
7-15           Sec. 431.101.  CREATION OF LOCAL GOVERNMENT CORPORATION.
7-16     (a)  A local government corporation may be created to aid and act
7-17     on behalf of one or more local governments to accomplish any
7-18     governmental purpose of those local governments.  To be effective,
7-19     the articles of incorporation and the bylaws of a local government
7-20     corporation must be approved by ordinance, resolution, or order
7-21     adopted by the governing body of each local government for which
7-22     the corporation is created to aid and act on behalf of.
7-23           (b)  A local government corporation has the powers of a
7-24     corporation authorized for creation by the commission under this
7-25     chapter.
7-26           (c)  The provisions of the Texas Non-Profit Corporation Act
7-27     (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes),
 8-1     relating to powers, standards of conduct, and interests in
 8-2     contracts, apply to the directors and officers of the local
 8-3     government corporation.
 8-4           (d)  A provision of this chapter relating to the creation,
 8-5     dissolution, administration, or supervision of a corporation by the
 8-6     commission does not apply to a local government corporation.
 8-7           (e)  Section 394.904(a), Local Government Code, applies to
 8-8     property and improvements owned by a local government corporation.
 8-9     Section 394.904(b) of that code applies to each contract awarded by
8-10     the local government corporation.
8-11           (f)  A member of the board of directors of a local government
8-12     corporation:
8-13                 (1)  is not a public official by virtue of that
8-14     position; and
8-15                 (2)  unless otherwise ineligible, may be appointed to
8-16     serve concurrently on the board of directors of a reinvestment zone
8-17     created under Chapter 311, Tax Code.
8-18           SECTION 8.  Chapter 311, Tax Code, is amended by adding
8-19     Section 311.018 to read as follows:
8-20           Sec. 311.018.  CONFLICTS WITH MUNICIPAL CHARTER.  To the
8-21     extent of a conflict between this chapter and a municipal charter,
8-22     this chapter controls.
8-23           SECTION 9.  Section 311.003(h), Tax Code, is repealed.
8-24           SECTION 10.  Section 431.102(a), Transportation Code, is
8-25     amended to read as follows:
8-26           (a)  Except as provided in Subsection (c), in [In] the manner
8-27     in which Chapter 394, Local Government Code, applies to a
 9-1     corporation created under that chapter, that chapter applies to:
 9-2                 (1)  the manner in which a local government corporation
 9-3     is created and dissolved;
 9-4                 (2)  the appointment of the board of a local government
 9-5     corporation and the members' terms of service;
 9-6                 (3)  the manner and the conditions under which the
 9-7     board serves; and
 9-8                 (4)  the form, execution, approval, filing, and
 9-9     amending of the articles of incorporation and bylaws of a local
9-10     government corporation.
9-11           SECTION 11.  Section 431.102, Transportation Code, is amended
9-12     by adding Subsection (c) to read as follows:
9-13           (c)  The requirement of Section 394.021(a), Local Government
9-14     Code, that all directors must be residents of the local government
9-15     shall not be applicable to directors of a local government
9-16     corporation except that a person may not be appointed to the board
9-17     of a local government corporation if the appointment of that person
9-18     would result in less than a majority of the board members being
9-19     residents of the local government.
9-20           SECTION 12.  Nothing in this Act is intended to have any
9-21     effect on the calculation of the taxable value of a school district
9-22     under Section 403.302, Government Code, or to prohibit a member of
9-23     a governing body of a taxing unit that levies taxes on real
9-24     property in the reinvestment zone from serving as a member of the
9-25     board of directors of a reinvestment zone under the Tax Increment
9-26     Financing Act (Chapter 311, Tax Code).
9-27           SECTION 13.  The importance of this legislation and the
 10-1    crowded condition of the calendars in both houses create an
 10-2    emergency and an imperative public necessity that the
 10-3    constitutional rule requiring bills to be read on three several
 10-4    days in each house be suspended, and this rule is hereby suspended,
 10-5    and that this Act take effect and be in force from and after its
 10-6    passage, and it is so enacted.