78R8945 T
By: Brown of Kaufman H.B. No. 2835
A BILL TO BE ENTITLED
AN ACT
relating to the expectation of measurable gain as a result of
projects undertaken by corporations created in accordance with the
Development Corporation Act of 1979, Article 5190.6 VTCS
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 83, Chapter TEN, Article 5190.6 Vernon's
Texas Civil Statutes (revised), Section 2, Subsection (11)(A) is
amended to read as follows:
(A) "Project" shall mean those activities undertaken by a
corporation to create a measurable gain and may include the
acquisition of the land, buildings, equipment, facilities,
targeted infrastructure, and improvements (one or more) to promote
new and expanded business development or found by the board of
directors to be required or suitable for the promotion of
development and expansion of manufacturing and industrial
facilities, job creation and retention, job training, educational
facilities, research and development facilities, transportation
facilities (including but not limited to airports, ports, mass
commuting facilities, and parking facilities), sewage or solid
waste disposal facilities, recycling facilities, air or water
pollution control facilities, facilities for the furnishing of
water to the general public, distribution centers, small warehouse
facilities capable of serving as decentralized storage and
distribution centers, and facilities for use by institutions of
higher education, and for the promotion of development or
redevelopment and expansion, including costs of administration and
operation, of a military base closed or realigned pursuant to
recommendation of the Defense Closure and Realignment Commission
pursuant to the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. Section 2687 note) as amended, and of facilities which are
related to any of the foregoing, and in furtherance of the public
purposes of this Act, all as defined in the rules of the department,
irrespective of whether in existence or required to be identified,
acquired, or constructed thereafter.
"Project" also includes job training required or suitable for the
promotion of development and expansion of business enterprises and
other enterprises described by this Act, as provided by Section 38
of this Act.
SECTION 2. Title 83, Chapter TEN, Article 5190.6 Vernon's
Texas Civil Statutes (revised), Section 2, Subsection (11) is
amended by adding item (D) to read as follows:
(D) "Measurable Gain" shall mean the expected desirable
outcome of projects undertaken by a corporation such measurable
gain to be documentable with respect to jobs created and/or
retained and/or new taxes generated.
SECTION 3. Title 83, Chapter TEN, Article 5190.6 Vernon's
Texas Civil Statutes (revised), Section 3, Subsection (a)(4) is
amended to read as follows:
(4) that the means and measures authorized by this Act and
the assistance provided in this Act, especially with respect to
financing, and providing such means and measures are utilizes with
a realistic expectation of rendering a measurable gain, are in the
public interest and serve a public purpose of the state in promoting
the welfare of the citizens of the state economically by the
securing and retaining of business enterprises and the resulting
maintenance of a higher level of employment, economic activity, and
stability;
SECTION 4. Title 83, Chapter TEN, Article 5190.6 Vernon's
Texas Civil Statutes (revised), Section 4B, Subsection (a)(2) is
amended to read as follows:
(2) "Project" means those activities undertaken by a
corporation to create a measurable gain and may include the
acquisition of land, buildings, equipment, facilities, and
improvements included in the definition of that term under Section
2 of this Act, and includes job training as provided by Section 38
of this Act. For purposes of this section, the term includes
recycling facilities, and land, buildings, equipment, facilities,
and improvements found by the board of directors to:
SECTION 5. Title 83, Chapter TEN, Article 5190.6 Vernon's
Texas Civil Statutes (revised), Section 4B, Subsection (a)(2)(B) is
amended to read as follows:
(B) promote or develop new or expanded business
enterprises, including a project to provide public safety
facilities, streets and roads, drainage and related improvements,
demolition of existing structures, general municipally owned
improvements, as well as any improvements or facilities that are
related to any of those projects and any other project that the
board in its discretion determines will render a measurable gain
and thereby promotes or develops new or expanded business
enterprises;
SECTION 6. Title 83, Chapter TEN, Article 5190.6 Vernon's
Texas Civil Statutes (revised), Section 4B, Subsection
(a)(2)(E)(a-1) is amended to read as follows:
(a-1) A corporation may undertake a project under this
section provided the probability exists that such project will
produce an measurable gain and unless within 60 days after first
publishing notice of a specific project or type of general project
the governing body of the city receives a petition from more than 10
percent of the registered voters of the city where the petition
requests that an election be held before that specific project or
that general type of project is undertaken. An election is not
required to be held after the submission of a petition if the
qualified citizens of the city have previously approved the
undertaking of a specific project or that general type of project at
an election called for that purpose by the governing body of the
city or in conjunction with another election required to be held
under this section.
SECTION 7. This act takes effect September 1, 2003.