79R1582 ATP-D
By: Martinez 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; and
(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; and
(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; and
(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.