1-1 By: Uresti (Senate Sponsor - Madla) H.B. No. 3006
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 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 composition of the board of directors of a tax
1-10 increment reinvestment zone.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 311.009, Tax Code, is amended to read as
1-13 follows:
1-14 Sec. 311.009. COMPOSITION OF BOARD OF DIRECTORS. (a) The
1-15 [Except as provided by Subsection (b), the] board of directors of a
1-16 reinvestment zone consists of at least five and not more than 15
1-17 members, unless more than 15 members are required to satisfy the
1-18 requirements of this subsection. Each taxing unit other than a
1-19 municipality that levies taxes on real property in the zone may
1-20 appoint one member of the board, except that if the unit has
1-21 approved the payment of all or part of the tax increment produced
1-22 by the unit, it shall have the right to appoint as many members as
1-23 are appointed by the municipality that created the zone. A unit
1-24 may waive its right to appoint a director. [The governing body of
1-25 the municipality that created the zone may appoint not more than 10
1-26 directors to the board; except that if there are fewer than five
1-27 directors appointed by taxing units other than the municipality,
1-28 the governing body of the municipality may appoint more than 10
1-29 members as long as the total membership of the board does not
1-30 exceed 15.]
1-31 (b) If the zone was designated under Section 311.005(a)(5),
1-32 a taxing unit [the board of directors of the zone consists of nine
1-33 members. Each school district or county that levies taxes on real
1-34 property in the zone] may appoint a [one] member of the board only
1-35 if the unit [school district or county] has approved the payment of
1-36 all or part of the tax increment produced by the unit. The member
1-37 of the state senate in whose district the zone is located is a
1-38 member of the board, and the member of the state house of
1-39 representatives in whose district the zone is located is a member
1-40 of the board, except that either may designate another individual
1-41 to serve in the member's place at the pleasure of the member. If
1-42 the zone is located in more than one senate or house district, this
1-43 subsection applies only to the senator or representative in whose
1-44 district a larger portion of the zone is located than any other
1-45 senate or house district, as applicable. [The remaining members of
1-46 the board are appointed by the governing body of the municipality
1-47 that created the zone.]
1-48 (c) Members of the board are appointed for terms of two
1-49 years unless longer terms are provided under Article XI, Section
1-50 11, of the Texas Constitution. Terms of members may be staggered.
1-51 (d) A vacancy on the board is filled for the unexpired term
1-52 by appointment of the governing body of the taxing unit that
1-53 appointed the director who served in the vacant position.
1-54 (e) To be eligible for appointment to the board by the
1-55 governing body of the municipality, an individual must:
1-56 (1) if the board is covered by Subsection (a):
1-57 (A) be a qualified voter of the municipality; or
1-58 (B) be at least 18 years of age and own real
1-59 property in the zone, whether or not the individual resides in the
1-60 municipality; or
1-61 (2) if the board is covered by Subsection (b):
1-62 (A) be at least 18 years of age; and
1-63 (B) own real property in the zone or be an
1-64 employee or agent of a person that owns real property in the zone.
2-1 (f) Each year the board of directors of a reinvestment zone
2-2 [governing body of the municipality] shall appoint one of its
2-3 members [member of the board] to serve as chairman for a term of
2-4 one year that begins on January 1 of the following year. The board
2-5 of directors may elect a vice-chairman to preside in the absence of
2-6 the chairman or when there is a vacancy in the office of chairman.
2-7 The board may elect other officers as it considers appropriate.
2-8 (g) A member of the board of directors of a reinvestment
2-9 zone:
2-10 (1) is not a public official by virtue of that
2-11 position; and
2-12 (2) unless otherwise ineligible, may be appointed to
2-13 serve concurrently on the board of directors of a local government
2-14 corporation created under Subchapter D, Chapter 431, Transportation
2-15 Code.
2-16 SECTION 2. This Act takes effect September 1, 2001.
2-17 * * * * *