1-1 By: Brimer (Senate Sponsor - Harris) H.B. No. 1194
1-2 (In the Senate - Received from the House April 25, 2001;
1-3 April 26, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 11, 2001, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the eligibility of certain property owned or leased by
1-10 a local official for ad valorem tax abatement or tax increment
1-11 financing.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 312.204(d), Tax Code, is amended to read
1-14 as follows:
1-15 (d) Except as otherwise provided by this subsection,
1-16 property [Property] that is in a reinvestment zone and that is
1-17 owned or leased by a person who is a member of the governing body
1-18 of the municipality or [by] a member of a zoning or planning board
1-19 or commission of the municipality is excluded from property tax
1-20 abatement or tax increment financing. Property that is subject to
1-21 a tax abatement agreement in effect when the person becomes a
1-22 member of the governing body or of the zoning or planning board or
1-23 commission does not cease to be eligible for property tax abatement
1-24 under that agreement because of the person's membership on the
1-25 governing body, board, or commission. Property that is subject to
1-26 tax increment financing when the person becomes a member of the
1-27 governing body or of the zoning or planning board or commission
1-28 does not become ineligible for tax increment financing in the same
1-29 reinvestment zone because of the person's membership on the
1-30 governing body, board, or commission.
1-31 SECTION 2. Section 312.402(d), Tax Code, is amended to read
1-32 as follows:
1-33 (d) Except as otherwise provided by this subsection,
1-34 property [Property] that is located in a reinvestment zone
1-35 designated by a county under this subchapter and that is owned or
1-36 leased by a person who is a member of the commissioners court may
1-37 not be subject to a tax abatement agreement made under this
1-38 section. Property that is subject to a tax abatement agreement
1-39 under this section in effect when the person becomes a member of
1-40 the commissioners court does not cease to be eligible for property
1-41 tax abatement under that agreement because of the person's
1-42 membership on the commissioners court.
1-43 SECTION 3. This Act takes effect immediately if it receives
1-44 a vote of two-thirds of all the members elected to each house, as
1-45 provided by Section 39, Article III, Texas Constitution. If this
1-46 Act does not receive the vote necessary for immediate effect, this
1-47 Act takes effect September 1, 2001.
1-48 * * * * *