79R10639 ATP-D


By:  Martinez                                                     H.B. No. 234

Substitute the following for H.B. No. 234:                                    

By:  McCall                                                   C.S.H.B. No. 234



A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain development corporations to 
undertake projects for airport facilities or retail businesses or 
facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2(11), Development Corporation Act of 
1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to 
read as follows:
		(11) [(A)]  "Project" shall mean the land, buildings, 
equipment, facilities, expenditures, targeted infrastructure, and 
improvements (one or more) that are for the creation or retention of 
primary jobs and that are found by the board of directors to be 
required or suitable for the development, retention, or expansion 
of manufacturing and industrial 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, primary 
job training facilities for use by institutions of higher 
education, and regional or national corporate headquarters 
facilities.
	"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.
	"Project" also includes expenditures found by the board of 
directors to be required or suitable for infrastructure necessary 
to promote or develop new or expanded business enterprises limited 
to streets and roads, rail spurs, water and electric utilities, gas 
utilities, drainage and related improvements, and 
telecommunications and Internet improvements.
	"Project" also includes the land, buildings, equipment, 
facilities, expenditures, infrastructure, and improvements that:
			(A)  the board of directors finds are required or 
suitable for the development, retention, or expansion of airport 
facilities or retail businesses or facilities; or
			(B)  are undertaken by a corporation created by a 
city that has, at the time the project is approved by the 
corporation as provided by this Act:
				(i)  a population of less than 50,000; or                            
				(ii)  an average rate of unemployment that 
is greater than the state average rate of unemployment during the 
12-month period for which data is available that immediately 
precedes the date the project is approved.
	SECTION 2.  Section 4A(i), Development Corporation Act of 
1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to 
read as follows:
	(i)  Except as provided by this subsection, the corporation 
may not undertake a project the primary purpose of which is to 
provide transportation facilities, solid waste disposal 
facilities, sewage facilities, facilities for furnishing water to 
the general public, or air or water pollution control facilities.  
However, the corporation may provide those facilities to benefit 
property acquired for a project having another primary purpose.  
The corporation may undertake a project the primary purpose of 
which is to provide:
		(1)  a general aviation business service airport that 
is an integral part of an industrial park; [or]
		(2)  port-related facilities to support waterborne 
commerce; or      
		(3)  airport-related facilities, if the corporation is 
created by a city that has, at the time the project is approved by 
the corporation as provided by this Act:
			(A)  a population of less than 50,000; or                             
			(B)  an average rate of unemployment that is 
greater than the state average rate of unemployment during the 
12-month period for which data is available that immediately 
precedes the date the project is approved.
	SECTION 3.  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, 2005.