1-1 By: Solis, Homer, Edwards H.B. No. 3178 1-2 (Senate Sponsor - Shapleigh) 1-3 (In the Senate - Received from the House May 7, 2001; 1-4 May 7, 2001, read first time and referred to Committee on Business 1-5 and Commerce; May 10, 2001, reported favorably by the following 1-6 vote: Yeas 6, Nays 0; May 10, 2001, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the requirement that certain persons associated with 1-10 development corporations complete a training seminar on the 1-11 operation and administration of development corporations; providing 1-12 an administrative penalty. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subchapter B, Chapter 481, Government Code, is 1-15 amended by adding Section 481.0231 to read as follows: 1-16 Sec. 481.0231. DEVELOPMENT CORPORATION TRAINING SEMINAR. (a) 1-17 The department, in conjunction with the attorney general and the 1-18 comptroller, shall by rule develop a training seminar to ensure 1-19 that the officers of a corporation created by a municipality or 1-20 county under, and the officials of the municipality or county that 1-21 created a corporation under, the Development Corporation Act of 1-22 1979 (Article 5190.6, Vernon's Texas Civil Statutes) properly and 1-23 legally operate the corporation and administer a tax imposed for 1-24 the benefit of the corporation. 1-25 (b) The department may include in the seminar any 1-26 information regarding training programs offered by the department, 1-27 the attorney general, or the comptroller that would assist a person 1-28 attending the seminar with the operation and administration of a 1-29 development corporation. 1-30 (c) The department shall issue a certificate of completion 1-31 to each person who completes the training seminar. 1-32 (d) The department shall hold the training seminars in 1-33 different regions in the state for the convenience of persons 1-34 required to complete the training seminar under Section 39, 1-35 Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas 1-36 Civil Statutes). 1-37 (e) The department may enter into an agreement for the 1-38 provision of a training seminar developed under this section by any 1-39 person determined by the department to be qualified to provide the 1-40 training seminar. A person who provides a training seminar under 1-41 this subsection may charge a reasonable fee for attending the 1-42 seminar. 1-43 SECTION 2. The Development Corporation Act of 1979 (Article 1-44 5190.6, Vernon's Texas Civil Statutes) is amended by adding Section 1-45 39 to read as follows: 1-46 Sec. 39. (a) This section applies only to a corporation 1-47 created under Section 4A or 4B of this Act or an entity that 1-48 creates a corporation under Section 4A or 4B of this Act. 1-49 (b) At least once in each 24-month period, the following 1-50 persons shall attend a training seminar sponsored by the department 1-51 under Section 481.0231, Government Code: 1-52 (1) the city attorney, the city administrator, or the 1-53 city clerk of a city that created a corporation; 1-54 (2) the county clerk or the county attorney of a 1-55 county that created a corporation; and 1-56 (3) the executive director of the corporation or other 1-57 person who is responsible for the daily administration of the 1-58 corporation. 1-59 (c) A corporation shall present proof of compliance with 1-60 this section to the comptroller by presenting the certificates of 1-61 completion issued under Section 481.0231, Government Code, for each 1-62 person that was required to attend the training seminar. The 1-63 comptroller may impose an administrative penalty, in an amount not 1-64 to exceed $1,000 for each violation, against a corporation that 2-1 fails to present proof in accordance with this section. 2-2 (d) A corporation may spend corporate revenue to pay the 2-3 costs of attending a seminar required by Subsection (b) of this 2-4 section. 2-5 SECTION 3. (a) The Texas Department of Economic Development 2-6 shall develop the training seminar under Section 481.0231, 2-7 Government Code, as added by this Act, not later than January 1, 2-8 2002. 2-9 (b) A person who, on the effective date of this Act, is 2-10 required to take a training seminar under Section 39, Development 2-11 Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil 2-12 Statutes), as added by this Act, must take a training seminar 2-13 before January 1, 2004. 2-14 SECTION 4. This Act takes effect September 1, 2001. 2-15 * * * * *