79R6296 ATP-D

By:  West, Royce                                                  S.B. No. 1098



A BILL TO BE ENTITLED

AN ACT

relating to projects that may be undertaken by certain development 
corporations in connection with business development or activity.
	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:                      
			(A)  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;[.]
			(B)  ["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;[.]
			(C)  ["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; or
			(D)  for purposes of a corporation created by a 
city located in a county with a population of less than 25,000, the 
land, buildings, equipment, facilities, expenditures, 
infrastructure, or improvements that are found by the board of 
directors to be required or suitable for the promotion of new or 
expanded business development.
	SECTION 2.  Section 4B, Development Corporation Act of 1979 
(Article 5190.6, Vernon's Texas Civil Statutes), is amended by 
adding Subsection (a-6) to read as follows:
	(a-6)(1)  In this subsection, "land-locked community" means 
a city that has within its city limits and extraterritorial 
jurisdiction less than 500 acres that can be used for the 
development of manufacturing or industrial facilities in 
accordance with the zoning laws or land use restrictions of the 
city.
		(2)  For a land-locked community that creates or has 
created a corporation governed by this section, "project" also 
includes expenditures found by the board of directors to be 
required for the promotion of new or expanded business enterprises 
and commercial activity within the land-locked community.
	SECTION 3.  The changes in law made by this Act to Sections 2 
and 4B, Development Corporation Act of 1979 (Article 5190.6, 
Vernon's Texas Civil Statutes), apply only to a project that is 
undertaken or approved, by an election or otherwise, on or after the 
effective date of this Act.  A project that is undertaken or 
approved before the effective date of this Act is governed by the 
law in effect on the date the project is undertaken or approved, and 
the former law is continued in effect for that purpose.
	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, 2005.