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By:  Madla                                                        S.B. No. 1565

A BILL TO BE ENTITLED
AN ACT
relating to allowing a municipality to create a defense adjustment management authority; authorizing taxes and bonds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 375, Local Government Code, is amended by adding Subchapter O to read as follows:
SUBCHAPTER O. DEFENSE ADJUSTMENT MANAGEMENT AUTHORITY
Sec. 375.301. LEGISLATIVE FINDINGS; PURPOSES. (a) The legislature finds that: (1) the closure of certain defense bases has had a negative impact on the economic development of the areas within the former defense bases and the areas in the general vicinity of the former defense bases and that the creation of the specific type of authority provided for in this subchapter is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution; (2) it is an appropriate role for a municipality to foster economic opportunity, job generation, and capital investment by promoting a favorable business climate, preparing the workforce for productive employment, and supporting infrastructure development in areas around defense bases that are intended to be annexed into the municipality; and (3) the programs designed to create a competent and qualified workforce are essential both to the economic growth and vitality of many municipalities in this state and to the elimination of unemployment and underemployment in those municipalities. (b) The programs authorized by this subchapter are in the public interest, promote the economic welfare of this state, and serve the public purpose of developing and diversifying the economy of this state and eliminating unemployment and underemployment in this state. Sec. 375.302. CONSTRUCTION OF SUBCHAPTER. (a) This subchapter shall be liberally construed in conformity with the findings and purposes stated in Section 375.301. (b) Except as provided by this subchapter, the other provisions of this chapter apply to an authority created under this subchapter. Sec. 375.303. DEFINITIONS. In this subchapter: (1) "Authority" means a defense adjustment management authority created under this subchapter. (2) "Eligible project" means a program authorized by Section 379A.051 and a project as defined by Sections 2(11) and 4B(2), Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes). Sec. 375.304. ELIGIBILITY FOR CREATION BY MUNICIPALITY. (a) The governing body of a municipality by resolution or ordinance may create an authority in an area that is: (1) in the same county as a military installation or facility that is: (A) closed or realigned under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note) and its subsequent amendments; or (B) a base efficiency project as defined by Section 378.001, as added by Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999; (2) within the corporate or extraterritorial jurisdiction of a municipality with a population of at least 1.1 million; and (3) that is: (A) within the corporate limits of such municipality; (B) within the extraterritorial jurisdiction of the municipality and included in the municipal annexation plan promulgated by such municipality pursuant to Subchapter C, Chapter 43, Local Government Code; or (C) that has been annexed for limited purposes by such municipality pursuant to Subchapter F, Chapter 43, Local Government Code (b) Subchapter B and Sections 375.041 and 375.042 do not apply to this subchapter. Sec. 375.305. HEARING ON CREATION OF AUTHORITY. (a) Not earlier than the 60th day or later than the 30th day before the date the governing body of the municipality creates the authority, the governing body of the municipality shall hold two public hearings to consider the creation of the proposed authority. The municipality must publish notice of each public hearing in a newspaper of general circulation in the area of the proposed authority at least seven days before each public hearing. (b) The notice required by Subsection (a) must state: (1) the date, time, and place for the public hearing; (2) the boundaries of the proposed authority, including a map of the proposed authority; and (3) the powers of the proposed authority, including the power to levy assessments and to impose a sales and use tax. Sec. 375.306. BOARD OF DIRECTORS. (a) The board consists of at least five and not more than fifteen directors. (b) The municipality, county in which the municipality is primarily located, and each school district whose boundaries overlap with an authority shall, in its sole discretion, nominate a member of the board who shall be appointed by the municipality. (c) If the number of directors appointed under Subsection (b) is less than the total number of the directors who serve on the board, the governing body of the municipality may appoint additional directors up to the total membership of the board. (d) Directors are appointed for terms of two years. Terms of directors may be staggered. (e) A vacancy on the board is filled for the unexpired term by nomination of the governing body of the entity that appointed the director who served in the vacant position and the appointment of that nominee by the municipality. (f) Each year the mayor of the municipality shall appoint one director to serve as presiding officer for a term of one year that begins on January 1 of the following year. The board may elect an assistant presiding officer to preside in the absence of the presiding officer or when there is a vacancy in that office. The board may elect other officers as it considers appropriate. (g) Sections 375.061, 375.066, 375.068, and the limitations of 375.072(c) do not apply to this subchapter. Sec. 375.307. QUALIFICATIONS OF DIRECTORS. (a) Except as provided by Subsection (b), a majority of the directors of a authority must meet the qualifications of Section 375.063. (b) Representatives or agents of a school district whose boundaries overlap with an authority or of an institution of higher education that operates facilities within an authority may serve on the board. Sec. 375.308. POWERS OF THE AUTHORITY; MUNICIPALITY. (a) An authority: (1) may plan, design, implement, develop, construct, and finance eligible projects as defined in this subchapter; and (2) has the powers of a municipality under Chapters 378 and 380. (b) An authority may not: (1) issue bonds or notes without the prior approval of the governing body of the municipality that created the authority; (2) seek a charter for or operate, within the boundaries of the authority, an open-enrollment charter school authorized by Subchapter D, Chapter 12, Education Code, or (3) levy ad valorem property taxes. Sec. 375.309. MUNICIPAL ANNEXATION OF AREA IN AN AUTHORITY. (a) A municipality that creates an authority under this subchapter may annex all or part of the territory located in the authority under Chapter 43. (b) Annexation of territory located in the authority does not affect the operation of the authority; or (c) Creation of an authority does not: (1) affect the power of the municipality to designate all or part of an area in the authority as an industrial authority; (2) limit a power of the municipality conferred by Chapter 42; or (3) impose a duty on or affect the power of the municipality to provide municipal services to any area in the municipality or its extraterritorial jurisdiction that is in the authority. Sec. 375.310. AUTHORITY MASTER PLAN. (a) An authority may only develop or construct public improvements or eligible projects in areas designated in an authority master plan approved by the board and the governing body of the municipality that created the authority. (b) The authority master plan must include the information required for a municipal reinvestment zone under Sections 311.011(b) and (c), Tax Code, for the area of the authority. For the purposes of applying those sections, the area of the authority affected constitutes a zone. (c) The authority shall generate the authority master plan based on the economic development needs of the property owners and constituents in the authority. (d) After approval by the board, the authority shall submit the authority master plan to the municipality for approval. Before taking action to approve or reject the authority master plan, the municipality shall make a copy of the proposed authority master plan available to the public and hold hearings and publish notice of the hearings in the manner required by Section 375.305. The notice of the public hearings must state where a copy of the proposed authority master plan is available for inspection. (e) The board may amend and submit the approved authority master plan to the governing body of the municipality for approval. (f) Before approving the authority's master plan or any amendment, the municipality shall publish notice and hold hearings as required by Subsection (d). Sec. 375.311. SALES AND USE TAX. (a) An authority may impose a sales and use tax to support or finance public infrastructure projects and eligible projects authorized under this subchapter if the tax is authorized by a majority of the qualified voters of the authority voting at an election held for that purpose in the manner provided by Sections 375.241 and 375.242. (b) If a authority adopts the tax, there is imposed a tax on the receipts from the sale at retail of taxable items within the authority at the rate approved by the voters. The rate must be equal to one-eighth, one-fourth, three-eighths, or one-half of one percent. (c) Chapter 321, Tax Code, governs the imposition, computation, administration, governance, and abolition of a tax imposed under this section. (d) If any territory in the authority is annexed by the municipality, the municipality's sales and use tax applies in the annexed area. In the event that the authority's sales and use tax rate when combined with any other sales and use tax applicable in the authority exceeds two percent, then the authority's sales and use tax is abolished upon annexation. Sec. 375.312. ZONING AND PLANNING. (a) An authority created under this subchapter has the power of a municipality under Chapters 211 and 212 in an area of the authority that is not in the boundaries of a municipality or the municipality's limited purpose jurisdiction. On annexation of an area of the authority by a municipality, the authority's power to regulate the area under Chapter 211 or 212 expires. (b) The board may divide the authority into distinct areas as provided by Section 211.005 to accomplish the purposes of this chapter and Chapter 211. Sec. 375.313. REGIONAL DEVELOPMENT AGREEMENTS. (a) An authority may enter into regional development agreements with its creating municipality, other municipalities, counties, school districts, institutions of higher education, other political subdivisions, and private interests to: (1) promote and advance long-term economic development in the authority; or (2) achieve the purposes for the authority's creation and to implement the powers provided to the authority under this chapter. (b) An authority, a municipality, a school district whose boundary overlaps with a portion of an authority, or an institution of higher education may enter into an agreement to: (1) fund improvements to school facilities and teacher compensation of school districts or institutions of higher education in the authority; and (2) develop programs provided for in Section 379A.051. (c) Any agreement entered into with a school district pursuant to this section shall be designed in such a way that the school district funding under Title 2 of the Education Code, shall be not less than the school district would have received had the school district not entered into the agreement. This provision may be waived by a school district board of trustees by specific action suspending the provisions of this subsection. Sec. 375.314. DISSOLUTION OF THE AUTHORITY. (a) The governing body of the municipality that created an authority under this subchapter may dissolve the authority. (b) Before dissolution, the municipality shall publish notice and hold public hearings on the proposed dissolution in the manner provided in Section 375.305. (c) On dissolution, the municipality shall assume the assets, debts, and other obligations of the authority. (d) Subchapter M does not apply to this subchapter. SECTION 2. Section 378.011(b), Local Government Code, as added by Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows: (b) Section 25.07(a), Tax Code, does not apply [applies] to a leasehold or other possessory interest in real property granted by an authority for a project designated under Section 378.009(a) [in the same manner as it applies to a leasehold or other possessory interest in real property constituting a project described by Section 4B(k), Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes)]. The project is exempt from taxation under Section 11.11, Tax Code, for the duration of the lease or other possessory interest. SECTION 3. Section 403.302(d), Government Code, is amended to read as follows: (d) For the purposes of this section, "taxable value" means the market value of all taxable property less: (1) the total dollar amount of any residence homestead exemptions lawfully granted under Section 11.13(b) or (c), Tax Code, in the year that is the subject of the study for each school district; (2) one-half of the total dollar amount of any residence homestead exemptions granted under Section 11.13(n), Tax Code, in the year that is the subject of the study for each school district; (3) the total dollar amount of any exemptions granted before May 31, 1993, within a reinvestment zone under agreements authorized by Chapter 312, Tax Code; (4) subject to Subsection (e), the total dollar amount of any captured appraised value of property that: (A) is within a reinvestment zone created on or before May 31, 1999, or is proposed to be included within the boundaries of a reinvestment zone as the boundaries of the zone and the proposed portion of tax increment paid into the tax increment fund by a school district are described in a written notification provided by the municipality or the board of directors of the zone to the governing bodies of the other taxing units in the manner provided by Section 311.003(e), Tax Code, before May 31, 1999, and within the boundaries of the zone as those boundaries existed on September 1, 1999, including subsequent improvements to the property regardless of when made; (B) generates taxes paid into a tax increment fund created under Chapter 311, Tax Code, under a reinvestment zone financing plan approved under Section 311.011(d), Tax Code, on or before September 1, 1999; and (C) is eligible for tax increment financing under Chapter 311, Tax Code; (5) the total dollar amount of any exemptions granted under Section 11.251, Tax Code; (6) the difference between the comptroller's estimate of the market value and the productivity value of land that qualifies for appraisal on the basis of its productive capacity, except that the productivity value estimated by the comptroller may not exceed the fair market value of the land; (7) the portion of the appraised value of residence homesteads of the elderly on which school district taxes are not imposed in the year that is the subject of the study, calculated as if the residence homesteads were appraised at the full value required by law; (8) a portion of the market value of property not otherwise fully taxable by the district at market value because of: (A) action required by statute or the constitution of this state that, if the tax rate adopted by the district is applied to it, produces an amount equal to the difference between the tax that the district would have imposed on the property if the property were fully taxable at market value and the tax that the district is actually authorized to impose on the property, if this subsection does not otherwise require that portion to be deducted; or (B) action taken by the district under Subchapter B or C, Chapter 313, Tax Code; (9) the market value of all tangible personal property, other than manufactured homes, owned by a family or individual and not held or used for the production of income; (10) the appraised value of property the collection of delinquent taxes on which is deferred under Section 33.06, Tax Code; (11) the portion of the appraised value of property the collection of delinquent taxes on which is deferred under Section 33.065, Tax Code; [and] (12) the amount by which the market value of a residence homestead to which Section 23.23, Tax Code, applies exceeds the appraised value of that property as calculated under that section; and (13) the amount of any exemptions in a defense adjustment management district authorized by Subchapter O, Chapter 375, Local Government Code. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.