By Uresti H.B. No. 3006
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to composition of the board of directors of a tax
1-3 increment reinvestment zone.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 311.009, Tax Code, is amended to read as
1-6 follows:
1-7 Sec. 311.009. COMPOSITION OF BOARD OF DIRECTORS. (a) The
1-8 [Except as provided by Subsection (b), the] board of directors of a
1-9 reinvestment zone consists of at least five and not more than 15
1-10 members, unless more than 15 members are required to satisfy the
1-11 requirements of this subsection. Each taxing unit other than a
1-12 municipality that levies taxes on real property in the zone may
1-13 appoint one member of the board, except that if the unit has
1-14 approved the payment of all or part of the tax increment produced
1-15 by the unit, it shall have the right to appoint as many members as
1-16 are appointed by the municipality that created the zone. A unit
1-17 may waive its right to appoint a director. [The governing body of
1-18 the municipality that created the zone may appoint not more than 10
1-19 directors to the board; except that if there are fewer than five
1-20 directors appointed by taxing units other than the municipality,
1-21 the governing body of the municipality may appoint more than 10
1-22 members as long as the total membership of the board does not
1-23 exceed 15.]
1-24 (b) If the zone was designated under Section 311.005(a)(5),
2-1 a taxing unit [the board of directors of the zone consists of nine
2-2 members. Each school district or county that levies taxes on real
2-3 property in the zone] may appoint a [one] member of the board only
2-4 if the unit [school district or county] has approved the payment of
2-5 all or part of the tax increment produced by the unit. The member
2-6 of the state senate in whose district the zone is located is a
2-7 member of the board, and the member of the state house of
2-8 representatives in whose district the zone is located is a member
2-9 of the board, except that either may designate another individual
2-10 to serve in the member's place at the pleasure of the member. If
2-11 the zone is located in more than one senate or house district, this
2-12 subsection applies only to the senator or representative in whose
2-13 district a larger portion of the zone is located than any other
2-14 senate or house district, as applicable. [The remaining members of
2-15 the board are appointed by the governing body of the municipality
2-16 that created the zone.]
2-17 (c) Members of the board are appointed for terms of two
2-18 years unless longer terms are provided under Article XI, Section
2-19 11, of the Texas Constitution. Terms of members may be staggered.
2-20 (d) A vacancy on the board is filled for the unexpired term
2-21 by appointment of the governing body of the taxing unit that
2-22 appointed the director who served in the vacant position.
2-23 (e) To be eligible for appointment to the board by the
2-24 governing body of the municipality, an individual must:
2-25 (1) if the board is covered by Subsection (a):
2-26 (A) be a qualified voter of the municipality; or
2-27 (B) be at least 18 years of age and own real
3-1 property in the zone, whether or not the individual resides in the
3-2 municipality; or
3-3 (2) if the board is covered by Subsection (b):
3-4 (A) be at least 18 years of age; and
3-5 (B) own real property in the zone or be an
3-6 employee or agent of a person that owns real property in the zone.
3-7 (f) Each year the board of directors of a reinvestment zone
3-8 [governing body of the municipality] shall appoint one of its
3-9 members [member of the board] to serve as chairman for a term of
3-10 one year that begins on January 1 of the following year. The board
3-11 of directors may elect a vice-chairman to preside in the absence of
3-12 the chairman or when there is a vacancy in the office of chairman.
3-13 The board may elect other officers as it considers appropriate.
3-14 (g) A member of the board of directors of a reinvestment
3-15 zone:
3-16 (1) is not a public official by virtue of that
3-17 position; and
3-18 (2) unless otherwise ineligible, may be appointed to
3-19 serve concurrently on the board of directors of a local government
3-20 corporation created under Subchapter D, Chapter 431, Transportation
3-21 Code.
3-22 SECTION 2. This Act takes effect September 1, 2001.