By Uresti H.B. No. 3006
77R9263 T
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. Chapter 311.009, Tax Code, is amended to read as
1-6 follows:
1-7 (a) [Except as provided by Subsection (b), t] The board of
1-8 directors of a reinvestment zone consists of at least five and not
1-9 more than 15 members, unless more than 15 members are required to
1-10 satisfy the requirements of this subsection.
1-11 Each taxing unit other than a municipality that levies taxes
1-12 on real property in the zone may appoint one member of the
1-13 board[.], except that if the unit has approved the payment of all
1-14 or part of the tax increment produced by the unit, it shall have
1-15 the right to appoint as many members as are appointed by the
1-16 municipality that created the zone. A unit may waive its right to
1-17 appoint a director. [The governing body of the municipality that
1-18 created the zone may appoint not more than 10 directors to the
1-19 board; except that if there are fewer than five directors appointed
1-20 by taxing units other than the municipality, the governing body of
1-21 the municipality may appoint more than 10 members as long as the
1-22 total membership of the board does not exceed 15.]
1-23 (b) If the zone was designated under Section 311.005(a)(5),
1-24 [the board of directors of the zone consists of nine members. Each
2-1 school district or county that levies taxes on real property in the
2-2 zone] a taxing unit may appoint [one] a member of the board only if
2-3 the [school district or county] unit has approved the payment of
2-4 all or part of the tax increment produced by the unit. The member
2-5 of the state senate in whose district the zone is located is a
2-6 member of the board, and the member of the state house of
2-7 representatives in whose district the zone is located is a member
2-8 of the board, except that either may designate another individual
2-9 to serve in the member's place at the pleasure of the member. If
2-10 the zone is located in more than one senate or house district, this
2-11 subsection applies only to the senator or representative in whose
2-12 district a larger portion of the zone is located than any other
2-13 senate or house district, as applicable. [The remaining members of
2-14 the board are appointed by the governing body of the municipality
2-15 that created the zone.]
2-16 (c) Members of the board are appointed for terms of two
2-17 years unless longer terms are provided under Article XI, Section
2-18 11, of the Texas Constitution. Terms of members may be staggered.
2-19 (d) A vacancy on the board is filled for the unexpired term
2-20 by appointment of the governing body of the taxing unit that
2-21 appointed the director who served in the vacant position.
2-22 (e) To be eligible for appointment to the board by the
2-23 governing body of the municipality, an individual must:
2-24 (1) if the board is covered by Subsection (a):
2-25 (A) be a qualified voter of the municipality; or
2-26 (B) be at least 18 years of age and own real
2-27 property in the zone, whether or not the individual resides in the
3-1 municipality; or
3-2 (2) if the board is covered by Subsection (b):
3-3 (A) be at least 18 years of age; and
3-4 (B) own real property in the zone or be an
3-5 employee or agent of a person that owns real property in the zone.
3-6 (f) Each year the [governing body of the municipality] board
3-7 of directors of a reinvestment zone shall appoint one of its
3-8 members [of the board] to serve as chairman for a term of one year
3-9 that begins on January 1 of the following year. The board of
3-10 directors may elect a vice-chairman to preside in the absence of
3-11 the chairman or when there is a vacancy in the office of chairman.
3-12 The board may elect other officers as it considers appropriate.
3-13 (g) A member of the board of directors of a reinvestment
3-14 zone:
3-15 (1) is not a public official by virtue of that
3-16 position; and
3-17 (2) unless otherwise ineligible, may be appointed to
3-18 serve concurrently on the board of directors of a local government
3-19 corporation created under Subchapter D, Chapter 431, Transportation
3-20 Code.
3-21 SECTION 2. This act takes effect September 1, 2001.