By Oliveira                                           H.B. No. 1448
         77R2942 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing the governing body of a municipality or a
 1-3     county to enter into a tax abatement agreement with the owner of a
 1-4     leasehold interest in tax-exempt real property that is located in a
 1-5     reinvestment zone.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. Section 312.204(a), Tax Code, is amended to read
 1-8     as follows:
 1-9           (a)  The governing body of a municipality eligible to enter
1-10     into tax abatement agreements under Section 312.002 may agree in
1-11     writing with the owner of taxable real property that is located in
1-12     a reinvestment zone, but that is not in an improvement project
1-13     financed by tax increment bonds, to exempt from taxation a portion
1-14     of the value of the real property or of tangible personal property
1-15     located on the real property, or both, for a period not to exceed
1-16     10 years, [subject to the rights of holders of outstanding bonds of
1-17     the municipality,] on the condition that the owner of the property
1-18     make specific improvements or repairs to the property.  The
1-19     governing body of an eligible municipality may agree in writing
1-20     with the owner of a leasehold interest in tax-exempt real property
1-21     that is located in a reinvestment zone, but that is not in an
1-22     improvement project financed by tax increment bonds, to exempt a
1-23     portion of the value of tangible personal property located on the
1-24     real property, for a period not to exceed 10 years, on the
 2-1     condition that the owner of the leasehold interest make specific
 2-2     improvements or repairs to the real property.  A tax abatement
 2-3     agreement under this section is subject to the rights of holders of
 2-4     outstanding bonds of the municipality.  An agreement exempting
 2-5     taxable real property may provide for the exemption of the real
 2-6     property in each year covered by the agreement only to the extent
 2-7     its value for that year exceeds its value for the year in which the
 2-8     agreement is executed.  An agreement exempting tangible personal
 2-9     property located on taxable or tax-exempt real property may provide
2-10     for the exemption of tangible personal property located on the real
2-11     property in each year covered by the agreement other than tangible
2-12     personal property that was located on the real property at any time
2-13     before the period covered by the agreement with the municipality,
2-14     and other than inventory or supplies.  In a municipality that has a
2-15     comprehensive zoning ordinance, an improvement, repair,
2-16     development, or redevelopment taking place under an agreement under
2-17     this section must conform to the comprehensive zoning ordinance.
2-18           SECTION 2. Section 312.210(b), Tax Code, is amended to read
2-19     as follows:
2-20           (b)  A tax abatement agreement with the owner of real
2-21     property or tangible personal property that is located in the
2-22     reinvestment zone described by Subsection (a) and in a school
2-23     district that has a wealth per student that does not exceed the
2-24     equalized wealth level must exempt from taxation:
2-25                 (1)  the portion of the value of the property in the
2-26     amount specified in the joint agreement among the municipality,
2-27     county, and junior college district; and
 3-1                 (2)  an amount equal to 10 percent of the maximum
 3-2     portion of the value of the property that may under Section
 3-3     312.204(a) be otherwise exempted from taxation.
 3-4           SECTION 3. Section 312.402(a), Tax Code, is amended to read
 3-5     as follows:
 3-6           (a)  The commissioners court may execute a tax abatement
 3-7     agreement with the owner of taxable real property located in a
 3-8     reinvestment zone designated under this subchapter.  The court may
 3-9     execute a tax abatement agreement with the owner of a leasehold
3-10     interest in tax-exempt real property that is located in a
3-11     reinvestment zone designated under this subchapter to exempt a
3-12     portion of the value of tangible personal property located on the
3-13     real property.  The execution, duration, and other terms of an
3-14     agreement made under this section are governed by the provisions of
3-15     Sections 312.204, 312.205, and 312.211 applicable to a
3-16     municipality. Section 312.2041 applies to an agreement made by a
3-17     county under this section in the same manner as it applies to an
3-18     agreement made by a municipality under Section 312.204 or 312.211.
3-19           SECTION 4.  This Act takes effect immediately if it receives
3-20     a vote of two-thirds of all the members elected to each house, as
3-21     provided by Section 39, Article III, Texas Constitution.  If this
3-22     Act does not receive the vote necessary for immediate effect, this
3-23     Act takes effect September 1, 2001.