1-1 By: Duncan S.B. No. 986
1-2 (In the Senate - Filed February 28, 2001; March 1, 2001, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 19, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 April 19, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 986 By: Lindsay
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to allowing certain tax abatement agreements to provide
1-11 for the recapture of lost ad valorem tax revenue if a property
1-12 owner fails to comply with tax abatement agreement requirements
1-13 regarding job creation or property value.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Subsection (b), Section 312.205, Tax Code, is
1-16 amended to read as follows:
1-17 (b) An agreement made under Section 312.204 or 312.211 may
1-18 include, at the option of the governing body of the municipality,
1-19 provisions for:
1-20 (1) improvements or repairs by the municipality to
1-21 streets, sidewalks, and utility services or facilities associated
1-22 with the property, except that the agreement may not provide for
1-23 lower charges or rates than are made for other services or
1-24 properties of a similar character;
1-25 (2) an economic feasibility study, including a
1-26 detailed list of estimated improvement costs, a description of the
1-27 methods of financing all estimated costs, and the time when related
1-28 costs or monetary obligations are to be incurred;
1-29 (3) a map showing existing uses and conditions of real
1-30 property in the reinvestment zone;
1-31 (4) a map showing proposed improvements and uses in
1-32 the reinvestment zone; [and]
1-33 (5) proposed changes of zoning ordinances, the master
1-34 plan, the map, building codes, and city ordinances; and
1-35 (6) the recapture of all or a portion of property tax
1-36 revenue lost as a result of the agreement if the owner of the
1-37 property fails to create all or a portion of the number of new jobs
1-38 provided by the agreement or if the appraised value of the property
1-39 subject to the agreement does not attain a value specified in the
1-40 agreement, and payment of a penalty or interest, or both, on that
1-41 recaptured property tax revenue.
1-42 SECTION 2. This Act takes effect immediately if it receives
1-43 a vote of two-thirds of all the members elected to each house, as
1-44 provided by Section 39, Article III, Texas Constitution. If this
1-45 Act does not receive the vote necessary for immediate effect, this
1-46 Act takes effect September 1, 2001.
1-47 * * * * *