77R10794 ATP-F                          
         By Van de Putte, et al.                                S.B. No. 607
         Substitute the following for S.B. No. 607:
         By McClendon                                       C.S.S.B. No. 607
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of a municipal development corporation to
 1-3     provide educational and job training; authorizing the imposition of
 1-4     certain local taxes; providing an administrative penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subtitle A, Title 12, Local Government Code, is
 1-7     amended by adding Chapter 379A to read as follows:
 1-8              CHAPTER 379A.  MUNICIPAL DEVELOPMENT CORPORATIONS
 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS
1-10           Sec. 379A.001.  SHORT TITLE. This chapter may be cited as the
1-11     Better Jobs Act.
1-12           Sec. 379A.002.  FINDINGS AND PURPOSES. (a)  The legislature
1-13     finds that:
1-14                 (1)  it is an appropriate role for a municipality to
1-15     foster economic opportunity, job generation, and capital investment
1-16     by promoting a favorable business climate, preparing the workforce
1-17     for productive employment, and supporting infrastructure
1-18     development;
1-19                 (2)  while some municipalities choose to meet that role
1-20     through the creation of economic development zones and reinvestment
1-21     zones, the core root of all economic development is a competent and
1-22     qualified workforce; and
1-23                 (3)  the programs designed to create a competent and
1-24     qualified workforce are essential both to the economic growth and
 2-1     vitality of many municipalities in this state and to the
 2-2     elimination of unemployment and underemployment in those
 2-3     municipalities.
 2-4           (b)  The programs authorized by this chapter are in the
 2-5     public interest, promote the economic welfare of this state, and
 2-6     serve the state public purpose of developing and diversifying the
 2-7     economy of this state and eliminating unemployment and
 2-8     underemployment in this state.
 2-9           (c)  This chapter shall be liberally construed in conformity
2-10     with the findings and purposes stated in this section.
2-11           Sec. 379A.003.  DEFINITIONS. In this chapter:
2-12                 (1)  "Board" means the board of directors of a
2-13     municipal development corporation.
2-14                 (2)  "Corporation" means a municipal development
2-15     corporation created under this chapter.
2-16           Sec. 379A.004.  APPLICATION OF NON-PROFIT CORPORATION ACT. A
2-17     corporation created under this chapter is governed by the Texas
2-18     Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
2-19     Texas Civil Statutes), except to the extent inconsistent with this
2-20     chapter.
2-21             (Sections 379A.005-379A.010 reserved for expansion
2-22                   SUBCHAPTER B.  CREATION OF CORPORATION
2-23           Sec. 379A.011.  CREATION. The governing body of a
2-24     municipality may create a municipal development corporation under
2-25     this chapter.
2-26           Sec. 379A.012.  ARTICLES OF INCORPORATION. The articles of
2-27     incorporation of the corporation must state that the corporation is
 3-1     governed by this chapter.
 3-2           Sec. 379A.013.  NUMBER OF CORPORATIONS. A municipality may
 3-3     not create more than one corporation under this chapter.
 3-4           Sec. 379A.014.  ADOPTION AND APPROVAL OF BYLAWS.  The initial
 3-5     bylaws of a corporation shall be adopted by its board of directors
 3-6     and approved by resolution of the governing body of the
 3-7     municipality that created the corporation, and any subsequent
 3-8     changes made to the bylaws must be approved by the governing body
 3-9     of the municipality that created the corporation.
3-10           Sec. 379A.015.  PERFORMANCE REVIEW AND ASSESSMENT. The
3-11     governing body of the municipality that creates the corporation
3-12     shall undertake a performance review and assessment of the
3-13     corporation once every five years.  Based on the performance review
3-14     and assessment, the governing body of the municipality shall issue
3-15     a finding of whether the corporation is satisfying the objectives
3-16     set forth in this chapter.
3-17             (Sections 379A.016-379A.020 reserved for expansion
3-18                      SUBCHAPTER C. BOARD OF DIRECTORS
3-19           Sec. 379A.021.  COMPOSITION AND APPOINTMENT OF BOARD. (a)
3-20     Except as provided by Subsection (g), the corporation is governed
3-21     by a board of 5, 7, 9, 11, 13, or 15 directors, as determined by
3-22     the governing body of the municipality that created the
3-23     corporation.  The number of directors may not exceed the number of
3-24     members, including the mayor, constituting the governing body of
3-25     the municipality.
3-26           (b)  The governing body of the municipality that created the
3-27     corporation shall appoint the members of the board.
 4-1           (c)  Directors serve staggered two-year terms, with as near
 4-2     as possible to one-half of the members' terms expiring each year.
 4-3     A director serves at the will of the governing body of the
 4-4     municipality that created the corporation. Successor directors are
 4-5     appointed in the same manner as the original appointees.
 4-6           (d)  Each director of a corporation created by a municipality
 4-7     that has a population of 20,000 or more must be a resident of the
 4-8     municipality.  Each director of a corporation created by a
 4-9     municipality that has a population of less than 20,000 must be a
4-10     resident of the municipality or the county in which the major part
4-11     of the area of the municipality is located.
4-12           (e)  A person is disqualified from serving as a director if
4-13     the person is an employee, officer, or member of the governing body
4-14     of the municipality that created the corporation.
4-15           (f)  A director may not have a personal interest in a
4-16     contract executed by the corporation.
4-17           (g)  In a municipality that has a population of more than one
4-18     million and that creates a corporation under this chapter, the
4-19     board of the corporation is composed of persons appointed to the
4-20     board as required by this subsection.  The governing body of the
4-21     municipality shall appoint one director to the board of the
4-22     corporation from each district that elects a member to the
4-23     governing body of the municipality.
4-24           Sec. 379A.022.  COMPENSATION. A board member is not entitled
4-25     to compensation, but is entitled to reimbursement for actual and
4-26     necessary expenses incurred in serving as a director.
4-27           Sec. 379A.023.  MEETINGS. The board shall conduct its
 5-1     meetings in the municipality that created the corporation.
 5-2           Sec. 379A.024.  OFFICERS. The board shall appoint from its
 5-3     members a presiding officer, a secretary, and other  officers of
 5-4     the corporation that the governing body of the municipality that
 5-5     created the corporation considers necessary.
 5-6           Sec. 379A.025.  ADOPTION AND APPROVAL OF BUDGET; REVIEW OF
 5-7     CORPORATE FINANCES. (a)  The board shall prepare an annual budget
 5-8     for the corporation.  To be effective, the budget must be approved
 5-9     by the board and presented to and approved by the governing body of
5-10     the municipality that created the corporation.  The corporation may
5-11     not make any expenditure authorized by this chapter until the
5-12     budget has been approved as provided by this section.  An amendment
5-13     of the budget must be approved in the same manner as the budget.
5-14           (b)  The governing body of the municipality that created the
5-15     corporation may amend the corporation's budget with the approval of
5-16     at least two-thirds of the members of the governing body.
5-17           (c)  The budget presented to the governing body of the
5-18     municipality that created the corporation must provide a detailed
5-19     description of the proposed expenditures for the corporation's
5-20     fiscal year, including expenditures for each program authorized by
5-21     Subchapter D.
5-22           (d)  The board shall annually prepare and present financial
5-23     statements from the preceding fiscal year to the governing body of
5-24     the municipality that created the corporation.
5-25           (e)  The governing body of the municipality that created the
5-26     corporation is entitled, at all times, to access to the books and
5-27     records of the corporation.
 6-1             (Sections 379A.026-379A.050 reserved for expansion
 6-2                    SUBCHAPTER D.  POWERS OF CORPORATION
 6-3           Sec. 379A.051.  PROGRAMS. (a)  A corporation may develop and
 6-4     implement programs for:
 6-5                 (1)  job training, including long-term job training and
 6-6     in-training support service grants;
 6-7                 (2)  early childhood development that prepare each
 6-8     child to enter school and make each child ready to learn after
 6-9     completing the program and that provide educational services that
6-10     must include services designed to enable a child to:
6-11                       (A)  develop phonemic, print, and numeracy
6-12     awareness, including the ability to:
6-13                             (i)  recognize that letters of the alphabet
6-14     are a special category of visual graphics that can be individually
6-15     named;
6-16                             (ii)  recognize a word as a unit of print;
6-17                             (iii)  identify at least 10 letters of the
6-18     alphabet; and
6-19                             (iv)  associate sounds with written words;
6-20                       (B)  understand and use language to communicate
6-21     for various purposes;
6-22                       (C)  understand and use an increasingly complex
6-23     and varied vocabulary;
6-24                       (D)  develop and demonstrate an appreciation of
6-25     books; and
6-26                       (E)  progress toward mastery of the English
6-27     language, if the child's primary language is a language other than
 7-1     English;
 7-2                 (3)  after-school programs for primary and secondary
 7-3     schools;
 7-4                 (4)  the provision of funding to accredited
 7-5     postsecondary educational institutions, including public and
 7-6     private junior colleges, public and private institutions of higher
 7-7     education, and public and private technical institutions, to be
 7-8     used to award scholarships;
 7-9                 (5)  the promotion of literacy; and
7-10                 (6)  any other undertaking that the board determines
7-11     will directly facilitate the development of a skilled workforce.
7-12           (b)  A corporation may accept donated property, may develop
7-13     or use land, buildings, equipment, facilities, and other
7-14     improvements in connection with a program described by Subsection
7-15     (a), or may dispose of property or an interest in property under
7-16     terms determined by the corporation.
7-17           (c)  A municipality may contract with a community nonprofit
7-18     organization that sponsors long-term job training and related
7-19     support services.
7-20           Sec. 379A.052.  GENERAL POWERS OF CORPORATION.  The
7-21     corporation may:
7-22                 (1)  own or operate a program authorized by this
7-23     chapter;
7-24                 (2)  perform any act necessary to the full exercise of
7-25     the corporation's powers;
7-26                 (3)  accept a grant or loan from a:
7-27                       (A)  department or agency of the United States;
 8-1                       (B)  department, agency, or political subdivision
 8-2     of this state; or
 8-3                       (C)  public or private person;
 8-4                 (4)  employ any necessary personnel, who shall be
 8-5     employees of the municipality;
 8-6                 (5)  adopt rules to govern the operation of the
 8-7     corporation and its employees and property; and
 8-8                 (6)  contract or enter into a memorandum of
 8-9     understanding or a similar agreement with a public or private
8-10     person, including local workforce development boards or any
8-11     political subdivision, in connection with a program authorized by
8-12     this chapter.
8-13           Sec. 379A.053.  NATURE OF CORPORATE PROPERTY. (a)  The
8-14     legislature finds for all constitutional and statutory purposes
8-15     that the corporation owns, uses, and holds its property for public
8-16     purposes.
8-17           (b)  Section 25.07(a), Tax Code, does not apply to a
8-18     leasehold or other possessory interest granted by the corporation.
8-19           (c)  Property owned by the corporation is exempt from
8-20     taxation under Section 11.11, Tax Code, while the corporation owns
8-21     the property.
8-22           Sec. 379A.054.  OPEN RECORDS AND MEETINGS. The board is
8-23     treated as a governmental body for the purposes of Chapters 551 and
8-24     552, Government Code.
8-25           Sec. 379A.055.  ADMINISTRATION OF SCHOLARSHIP FUND. (a)  In
8-26     providing funds to an accredited postsecondary educational
8-27     institution to be used for scholarships as authorized by Section
 9-1     379A.051, the corporation by agreement with the institution shall
 9-2     ensure that:
 9-3                 (1)  the funds are distributed to individuals as
 9-4     scholarships connected with the institution; and
 9-5                 (2)  no more than a maximum amount, as set by the
 9-6     corporation, of the funds are spent on administering the award of
 9-7     the scholarship.
 9-8           (b)  An accredited postsecondary educational institution
 9-9     receiving the funds for scholarships shall develop, in consultation
9-10     with the corporation, a plan for awarding scholarships that will
9-11     have the goal of having an eventual beneficial effect on the
9-12     economic growth and vitality of and the elimination of unemployment
9-13     and underemployment in the municipality that created the
9-14     corporation and that will ensure that the recipient:
9-15                 (1)  meets financial need requirements as defined by
9-16     the corporation;
9-17                 (2)  is enrolled in an undergraduate degree or
9-18     certificate program;
9-19                 (3)  is enrolled for at least three-fourths of a full
9-20     course load for an undergraduate student, as determined by the
9-21     corporation;
9-22                 (4)  makes satisfactory academic progress toward an
9-23     undergraduate degree or certificate; and
9-24                 (5)  complies with any additional nonacademic
9-25     requirement adopted by the corporation.
9-26           (c)  If the municipality that created the corporation has
9-27     established an education partnership composed of community-based
 10-1    organizations, school districts, public or private sector entities,
 10-2    or postsecondary institutions for the purpose of distributing
 10-3    scholarships to students of local schools, the corporation may
 10-4    provide funds to the education partnership to enable the
 10-5    partnership to award scholarships to directly facilitate the
 10-6    development of a skilled workforce.
 10-7            (Sections 379A.056-379A.080 reserved for expansion
 10-8                     SUBCHAPTER E.  SALES AND USE TAX
 10-9          Sec. 379A.081.  SALES AND USE TAX. (a)  A municipality may
10-10    levy a sales and use tax for the benefit of the corporation if the
10-11    tax is authorized by a majority of the voters of the municipality
10-12    voting at an election called for that purpose.
10-13          (b)  The ballot for an election to impose the tax shall be
10-14    printed to permit voting for or against the proposition: "Adoption
10-15    of a sales and use tax at the rate of ____ of one percent (insert
10-16    one-eighth, one-fourth, three-eighths, or one-half, as appropriate)
10-17    for the purpose of financing authorized programs of the ____
10-18    Municipal Development Corporation (insert the name of the
10-19    corporation)."
10-20          (c)  The adoption of the tax may be limited on the ballot to
10-21    any specific program, or the tax may be adopted with general
10-22    language permitting the use of the tax for any purposes authorized
10-23    by this chapter.
10-24          (d)  If a sales and use tax is levied, it may be adopted for
10-25    a maximum of 20 years, but may then be reauthorized, subject to a
10-26    payment of indebtedness.  The tax may be authorized for a shorter
10-27    period of time or limited to the time necessary to pay any
 11-1    indebtedness.
 11-2          (e)  The rate of a tax adopted under this section must be
 11-3    one-eighth, one-fourth, three-eighths, or one-half of one
 11-4    percent.  A municipality may not adopt a sales and use tax under
 11-5    this chapter if the adoption of the tax under this chapter would
 11-6    result in a combined tax rate of all local sales and use taxes of
 11-7    more than two percent in any location in the municipality.
 11-8          (f)  Chapter 321, Tax Code, governs a municipality's
 11-9    imposition, computation, administration, collection, and remittance
11-10    of a tax authorized by this section except as inconsistent with
11-11    this chapter.
11-12          Sec. 379A.082.  ELECTION TO CHANGE RATE OF TAX. (a)  A
11-13    municipality that has adopted a sales and use tax under this
11-14    chapter at a rate of less than one-half of one percent may increase
11-15    or decrease the rate of the tax if the increase or decrease is
11-16    approved by a majority of the voters of the municipality voting at
11-17    an election called and held for that purpose.
11-18          (b)  The tax may be increased or decreased under this section
11-19    in one or more increments of one-eighth of one percent, but a
11-20    maximum of one-half of one percent is permitted.
11-21          (c)  The ballot for an election to increase or decrease the
11-22    tax shall be printed to permit voting for or against the
11-23    proposition:  "The ________ (increase or decrease, as appropriate)
11-24    of a sales and use tax to the rate of ____ of one percent (insert
11-25    one-eighth, one-fourth, three-eighths, or one-half, as appropriate)
11-26    for the purpose of financing authorized programs of the ________
11-27    Municipal Development Corporation (insert the name of the
 12-1    corporation)."
 12-2          Sec. 379A.083.  IMPOSITION OF TAX. (a)  If the municipality
 12-3    adopts the tax, a tax is imposed on the receipts from the sale at
 12-4    retail of taxable items in the municipality at the rate approved at
 12-5    the election, and an excise tax is imposed on the use, storage, or
 12-6    other consumption in the municipality of tangible personal property
 12-7    purchased, leased, or rented from a retailer during the period that
 12-8    the tax is effective in the municipality.  The rate of the excise
 12-9    tax is the same as the rate of the sales tax portion of the tax and
12-10    is applied to the sale price of the tangible personal property.
12-11          (b)  The adoption of the tax or the change of the tax rate
12-12    takes effect on the first day of the first calendar quarter
12-13    occurring after the expiration of the first complete quarter
12-14    occurring after the date the comptroller receives a notice of the
12-15    results of the election adopting, increasing, or decreasing the
12-16    tax.
12-17            (Sections 379A.084-379A.100 reserved for expansion
12-18                   SUBCHAPTER F.  REPORT TO COMPTROLLER
12-19          Sec. 379A.101.  REPORT REQUIRED. (a)  Not later than February
12-20    1 of each year, the board of directors of the corporation shall
12-21    submit to the comptroller a report in the form required by the
12-22    comptroller.
12-23          (b)  The reporting form may not exceed one page in length and
12-24    must include:
12-25                (1)  a statement of the corporation's primary
12-26    objectives;
12-27                (2)  a statement of the corporation's total revenues
 13-1    during the preceding fiscal year;
 13-2                (3)  a statement of the corporation's total
 13-3    expenditures during the preceding fiscal year;
 13-4                (4)  a statement of the corporation's total
 13-5    expenditures during the preceding fiscal year in each of the
 13-6    following categories:
 13-7                      (A)  administration;
 13-8                      (B)  personnel;
 13-9                      (C)  marketing or promotion;
13-10                      (D)  direct business incentives;
13-11                      (E)  job training for the corporation's
13-12    personnel;
13-13                      (F)  debt service;
13-14                      (G)  capital costs;
13-15                      (H)  programs authorized by this chapter; and
13-16                      (I)  payments to taxing units, including school
13-17    districts;
13-18                (5)  a list of the corporation's capital assets,
13-19    including land and buildings; and
13-20                (6)  any other information the comptroller requires to
13-21    determine the use of the sales and use tax imposed under this
13-22    chapter.
13-23          Sec. 379A.102.  FAILURE TO FILE REPORT; ADMINISTRATIVE
13-24    PENALTY. (a)  If the corporation fails to file a report in
13-25    accordance with this subchapter or fails to include sufficient
13-26    information in the report, the comptroller shall provide to the
13-27    corporation a written notice of the failure.  The written notice
 14-1    must include information on how to correct the failure.
 14-2          (b)  The comptroller may impose an administrative penalty
 14-3    against the corporation if the corporation does not correct the
 14-4    failure before the 31st day after the date the corporation receives
 14-5    the written notice under Subsection (a).  The amount of the penalty
 14-6    is $200 a day for each day the filing of the report is delinquent. 
 14-7          (c)  The comptroller by rule shall prescribe the procedures
 14-8    for the imposition of an administrative penalty under this section.
 14-9    The rules must protect the due process rights of the corporation.
14-10          Sec. 379A.103.  COMPTROLLER'S REPORT TO LEGISLATURE. (a)  Not
14-11    later than November 1 of each even-numbered year, the comptroller
14-12    shall submit to the legislature a report on the use of the sales
14-13    and use tax imposed under this chapter.
14-14          (b)  On request, the comptroller shall provide without charge
14-15    a copy of the report required by Subsection (a)  to the corporation
14-16    created under this chapter.
14-17          SECTION 2.  This Act takes effect immediately if it receives
14-18    a vote of two-thirds of all the members elected to each house, as
14-19    provided by Section 39, Article III, Texas Constitution.  If this
14-20    Act does not receive the vote necessary for immediate effect, this
14-21    Act takes effect September 1, 2001.