SRC-SEW S.B. 607 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 607
77R5202 ATP-DBy: Van de Putte
Intergovernmental Relations
2/22/2001
As Filed


DIGEST AND PURPOSE 

A more highly skilled and educated workforce in municipalities statewide
may reduce underemployment and unemployment.  As proposed, S.B. 607 creates
" The Better Jobs Act," which establishes a municipal development
corporation to provide additional educational and job training
opportunities. This Act also enables municipalities in Texas to develop
additional resources to invest funds in economic development programs such
as: job training, early childhood education, after-school programs, higher
education scholarships, and literacy programs.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Comptroller of Public
Accounts in SECTION 1 (Section 379A.102, Local Government Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 12A, Local Government Code, by adding Chapter
379A, as follows: 

CHAPTER 379A.  MUNICIPAL DEVELOPMENT CORPORATIONS

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 379A.001.  SHORT TITLE.  Authorizes this chapter to be cited as the
Better Jobs Act. 

Sec. 379A.002.  FINDINGS AND PURPOSES.  Presents certain legislative
findings. Provides findings of benefit and purpose.  Requires this chapter
to be liberally construed in conformity with the findings and purposes
stated in this section. 

 Sec. 379A.003.  DEFINITIONS.  Defines "board" and  "corporation."

Sec. 379A.004.  APPLICATION OF NON-PROFIT CORPORATION ACT.  Provides that a
corporation created under this chapter is governed by the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., V.T.C.S.), except to the extent
inconsistent with this chapter. 

[Sections 379A.005-379A.010 reserved for expansion]

Sec. 379A.011.  CREATION.  Authorizes the governing body of a municipality
to create a municipal development corporation under this chapter. 

Sec. 379A.012.  ARTICLES OF INCORPORATION.  Requires the articles of
incorporation of the corporation to state that the corporation is governed
by this chapter. 

Sec. 379A.013.  NUMBER OF CORPORATIONS.  Prohibits a municipality from
creating more than one corporation under this chapter. 

 [Sections 379A.014-379A.020 reserved for expansion]

SUBCHAPTER C.  BOARD OF DIRECTORS

Sec. 379A.021.  COMPOSITION AND APPOINTMENT OF BOARD.  (a) Provides that
the corporation is governed by a board of 5, 7, 9, or 11 directors, as
determined by the governing body of the municipality.   

(b) Requires the governing body of the municipality to appoint the members
of the board.   

(c) Provides that the directors serve staggered two-year terms, with as
near as possible to one-half of the members' terms expiring each year.
Provides that a director serves at the will of the governing body of the
municipality.  Provides that successor directors are appointed in the same
manner as the original appointees. 

(d) Requires each director of a corporation created by a municipality with
a population of 20,000 or more to be a resident of the municipality.
Requires each director of a corporation created by a municipality with a
population of less than 20,000 to be a resident of the municipality or the
county in which the major part of the area of the municipality is located. 

(e) Provides that a person is not disqualified from serving as a director
because the person is an employee, officer, or member of the governing body
of the municipality.   

(f) Prohibits a director from having a personal interest in a contract
executed by the corporation. 

Sec. 379A.022.  COMPENSATION.  Provides that a board member is not entitled
to compensation, but is entitled to reimbursement for actual and necessary
expenses incurred in serving as director. 

Sec. 379A.023.  MEETINGS.  Requires the board to conduct its meetings in
the municipality that created the corporation. 

Sec. 379A.024.  OFFICERS.  Requires the board to appoint from its members a
presiding officer, a secretary, and other officers of the corporation that
the governing body of the municipality considers necessary. 

[Sections 379A.025-379A.050 reserved for expansion]

SUBCHAPTER D.  POWERS OF CORPORATION

Sec. 379A.051.  PROGRAMS.  Authorizes a corporation to develop and
implement programs for certain purposes.  Authorizes a corporation to
acquire, develop, or use land, buildings, equipment, facilities, and other
improvements in connection with a program described by this section. 

Sec. 379A.052.  GENERAL POWERS OF CORPORATION.  Authorizes the corporation
to exercise certain stated powers. 

Sec. 379A.053.  BONDS AND OTHER OBLIGATIONS.  Authorizes the corporation to
issue revenue bonds on behalf of the municipality, including refunding
bonds, or other obligations to pay the costs of an authorized program or to
refund bonds or other obligations. Requires the bonds or other obligations
and the proceedings authorizing the bonds or other  obligations to be
submitted to the attorney general for review and approval as required by
Section 1202.003, Government Code.  Requires the bonds or other obligations
to be payable from and secured by the revenues of the corporation.
Authorizes the bonds or other obligations to mature serially or otherwise
not more than 30 years after the date of issuance.  Provides that the bonds
or other obligations are not a debt of and do not create a claim for
payment against the revenue or property of the municipality other than a
program for which the bonds are issued. 

Sec. 379A.054.  NATURE OF CORPORATE PROPERTY.  Provides that the
legislature finds for all constitutional and statutory purposes that the
corporation owns, uses, and holds its property for public purposes.
Provides that Section 25.07(a) (Leasehold and Other Possessory Interests in
Exempt Property), Tax Code, does not apply to a leasehold or other
possessory interest granted by the corporation.  Provides that property
owned by the corporation is exempt from taxation under Section 11.11(Public
Property), Tax Code, while the corporation owns the property. 

Sec. 379A.055.  OPEN RECORDS AND MEETINGS.  Provides that the board is
treated as a governmental body for the purposes of Chapters 551 (Open
Meetings) and 552 (Public Information), Government Code. 

Sec. 379A.056.  ADMINISTRATION OF SCHOLARSHIP FUND.  (a) Requires the
corporation by agreement with the institution, in providing funds to an
institution of higher education to be used for scholarships as authorized
by Section 379A.051, to ensure that funds are distributed to individuals as
scholarships connected with the institution and that no more than a maximum
amount, as set by the corporation, of the funds are spent on administering
the award of the scholarship.   

(b) Requires an institution of higher education receiving the funds for
scholarships to develop, in consultation with the corporation, a plan for
awarding scholarships with the goal of having an eventual beneficial effect
on the economic growth and vitality of and the elimination of unemployment
and underemployment in the municipality that created the corporation. 

[Sections 379A.057-379A.080 reserved for expansion]

SUBCHAPTER E.  SALES AND USE TAX

Sec. 379A.081.  SALES AND USE TAX.  Authorizes a municipality to levy a
sales and use tax for the benefit of the corporation if the tax is
authorized by a majority of the voters of the municipality voting at an
election called for that purpose.   

(b) Requires the ballot for an election to impose the tax to be printed to
permit voting for or against the proposition:  "Adoption of a sales and use
tax at the rate of ___ of one percent (insert one-eighth, one-fourth,
three-eights, or one-half, as appropriate) for the purpose of financing
authorized programs of the ____ Municipal Development Corporation (insert
the name of the corporation)." 

(c) Authorizes the adoption of the tax to be limited on the ballot to any
specific program, or to be adopted with general language permitting the use
of the tax for any purposes authorized by this chapter. 

(d) Authorizes a sales and use tax, if levied, to be adopted for a maximum
of 20 years, but authorizes it to then be reauthorized, subject to a
payment of indebtedness. Provides that the tax may be authorized for a
shorter period of time or limited to the time necessary to pay any
indebtedness. 
 
(e) Requires the rate of a tax adopted under this section to be one-eighth,
one-fourth, three-eighths, or one-half of one percent.  Prohibits a
municipality from adopting a sales and use tax under this chapter if the
adoption of the tax under this chapter would result in a combined tax rate
of all local sales and use taxes of more than two percent in any location
in the municipality. 

(f) Provides that Chapter 321 (Municipal Sales and Use Tax), Tax Code,
governs a municipality's imposition, computation, administration,
collection, and remittance of a tax authorized by this sections except as
inconsistent with this chapter. 

Sec. 379A.082.  ELECTION TO CHANGE RATE OF TAX.  (a) Authorizes a
municipality that has adopted a sales and use tax under this chapter at a
rate of less than one-half of one percent to increase or decrease the rate
of the tax if the increase or decrease is approved by a majority of the
voters of the municipality voting at an election called and held for that
purpose.  

(b) Authorizes the tax to be increased or decreased under this section in
one or more increments of one-eighth of one percent, with a maximum of
one-half of one percent. 

(c) Makes a conforming change regarding the printing of a ballot for an
election to increase or decrease the tax. 

Sec. 379A.083.  IMPOSITION OF TAX.  (a) Provides that, if the municipality
adopts the tax, a tax is imposed on the receipts from the sale at retail of
taxable items in the municipality at the rate approved at the election, and
an excise tax is imposed on the use, storage, or other consumption in the
municipality of tangible personal property purchased, leased, or rented
from a retailer during the period that the tax is effective in the
municipality.  Provides that the rate of the excise tax is the same as the
rate of the sales tax portion of the tax and is applied to the sale price
of the tangible personal property. 

(b) Provides that the adoption of the tax or the change of the tax rate
takes effect on the first day of the first calendar quarter occurring after
the expiration of the first complete quarter occurring after the date the
comptroller receives a notice of the results of the election adopting,
increasing, or decreasing the tax. 

[Sections 379A.084-379A.100 reserved for expansion]

SUBCHAPTER F.  REPORT TO COMPTROLLER.

Sec. 379A.101.  REPORT REQUIRED.  Requires the board of directors of the
corporation, not later than February 1 of each year, to submit to the
comptroller a report in the form required by the comptroller.  Prohibits
the reporting form from exceeding one page in length and requires certain
elements to be included in the form. 

Sec. 379A.102.  FAILURE TO FILE REPORT; ADMINISTRATIVE PENALTY.  (a)
Requires the comptroller, if the corporation fails to file a report in
accordance with this subchapter or fails to include sufficient information
in the report, to provide to the corporation a written notice of the
failure.  Requires the written notice to include information on how to
correct the failure. 

(b) Authorizes the comptroller to impose an administrative penalty against
the corporation if the corporation does not correct the failure before the
31st day after the date the corporation receives the written notice under
Subsection (a).  Provides that the amount of the penalty is $200 a day for
each day the filing of the report is delinquent. 

(c) Requires the comptroller by rule to prescribe the procedures for the
imposition of an  administrative penalty under this section.  Requires the
rules to protect the due process rights of the corporation. 

Sec. 379A.103.  COMPTROLLER'S REPORT TO LEGISLATURE.  Requires the
comptroller, not later than November 1 of each even-numbered year, to
submit to the legislature a report on the use of the sales and use tax
imposed under this chapter.  Requires the comptroller, on request, to
provide without charge a copy of the report required by Subsection (a) to
the corporation created under this chapter. 

SECTION 2.  Effective date:  upon passage or September 1, 2001.