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By: Staples S.B. No. 1318
(In the Senate - Filed March 10, 2005; March 21, 2005, read
first time and referred to Subcommittee on Emerging Technologies
and Economic Development; April 11, 2005, reported adversely, with
favorable Committee Substitute to Committee on Business and
Commerce; April 18, 2005, reported adversely, with favorable
Committee Substitute from Committee on Business and Commerce by the
following vote: Yeas 8, Nays 0; April 18, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1318 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to projects that may be undertaken by or supported by the
tax proceeds of certain development corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (11), Section 2, 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; or[.]
(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 sewer utilities, electric utilities, gas utilities,
drainage, elevation, and related improvements, [and]
telecommunications and Internet improvements, and sidewalks.
SECTION 2. Subdivision (2), Subsection (a), Section 4B,
Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
Civil Statutes), is amended to read as follows:
(2) "Project" means land, buildings, equipment,
facilities, expenditures, 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:
(A) be required or suitable for use for
professional and amateur (including children's) sports, athletic,
entertainment, tourist, convention, and public park purposes and
events, including stadiums, ball parks, auditoriums,
amphitheaters, concert halls, parks and park facilities, open space
improvements, museums, exhibition facilities, and related store,
restaurant, concession, and automobile parking facilities, related
area transportation facilities, and related roads, streets, and
water and sewer facilities, and other related improvements that
enhance any of those items;
(B) promote or develop new or expanded business
enterprises that create or retain primary jobs, 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 promotes
or develops new or expanded business enterprises that create or
retain primary jobs;
(C) be required or suitable for the promotion of
development and expansion of affordable housing, as defined by 42
U.S.C. Section 12745;
(D) be required or suitable for the development
or improvement of water supply facilities, including dams,
transmission lines, well field developments, and other water supply
alternatives; [or]
(E) be required or suitable for the development
and institution of water conservation programs, including
incentives to install water-saving plumbing fixtures, educational
programs, brush control programs, and programs to replace
malfunctioning or leaking water lines and other water facilities;
or
(F) be required or suitable for the promotion of
new or expanded business development if the project is undertaken
by a corporation created by an eligible city that in the preceding
three years has received an average of less than $400,000 from taxes
imposed under this section.
SECTION 3. Section 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon's Texas Civil Statutes), is amended by
adding Subsection (g-1) to read as follows:
(g-1)(1) This subsection applies only to a corporation
created by an eligible city that in the preceding three years has
received an average of $100,000 or more and less than $400,000 from
taxes imposed under this section.
(2) A corporation to which this subsection applies may
not use more than 35 percent of the corporation's tax proceeds for a
project described by Subsection (a)(2)(F) of this section.
SECTION 4. This Act takes effect September 1, 2005.
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