2005S0815-1  04/07/05


By:  Deuell                                                       S.B. No. 1856

A BILL TO BE ENTITLED
AN ACT
relating to tax increment financing. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 311.002, 311.003, and 311.004, Tax Code, are amended to read as follows: Sec. 311.002. DEFINITIONS. In this chapter: (1) "Governing body" means, except where otherwise specified, the governing body of a municipality or county establishing a reinvestment zone. (2) "Project costs" means the expenditures made or estimated to be made and monetary obligations incurred or estimated to be incurred by the municipality or county establishing a reinvestment zone that are listed in the project plan as costs of public works or public improvements in the zone, plus other costs incidental to those expenditures and obligations. "Project costs" include: (A) capital costs, including the actual costs of the acquisition and construction of public works, public improvements, new buildings, structures, and fixtures; the actual costs of the acquisition, demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures; and the actual costs of the acquisition of land and equipment and the clearing and grading of land; (B) financing costs, including all interest paid to holders of evidences of indebtedness or other obligations issued to pay for project costs and any premium paid over the principal amount of the obligations because of the redemption of the obligations before maturity; (C) real property assembly costs; (D) professional service costs, including those incurred for architectural, planning, engineering, and legal advice and services; (E) imputed administrative costs, including reasonable charges for the time spent by employees of the municipality or county in connection with the implementation of a project plan; (F) relocation costs; (G) organizational costs, including the costs of conducting environmental impact studies or other studies, the cost of publicizing the creation of the zone, and the cost of implementing the project plan for the zone; (H) interest before and during construction and for one year after completion of construction, whether or not capitalized; (I) the cost of operating the reinvestment zone and project facilities; (J) the amount of any contributions made by the municipality or county from general revenue for the implementation of the project plan; and (K) payments made at the discretion of the governing body [of the municipality] that the governing body [municipality] finds necessary or convenient to the creation of the zone or to the implementation of the project plans for the zone. (3) [(2)] "Project plan" means the project plan for the development or redevelopment of a reinvestment zone approved under this chapter, including all amendments of the plan approved as provided by this chapter. (4) [(3)] "Reinvestment zone financing plan" means the financing plan for a reinvestment zone described by this chapter. (5) [(4)] "Taxing unit" has the meaning assigned by Section 1.04. Sec. 311.003. PROCEDURE FOR CREATING REINVESTMENT ZONE. (a) The governing body [of a municipality] by ordinance or order may designate a contiguous geographic area in the jurisdiction of the municipality or county to be a reinvestment zone to promote development or redevelopment of the area if the governing body determines that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future. (b) Before adopting an ordinance or order providing for a reinvestment zone, the governing body [of the municipality] must prepare a preliminary reinvestment zone financing plan. As soon as the plan is completed, a copy of the plan must be sent to the governing body of each taxing unit that levies taxes on real property in the proposed zone. (c) Before adopting an ordinance or order providing for a reinvestment zone, the governing body [municipality] must hold a public hearing on the creation of the zone and its benefits to the municipality or county and to property in the proposed zone. At the hearing an interested person may speak for or against the creation of the zone, its boundaries, or the concept of tax increment financing. Not later than the seventh day before the date of the hearing, notice of the hearing must be published in a newspaper having general circulation in the municipality or county. (d) A municipality or county must provide a reasonable opportunity for the owner of property to protest the inclusion of the property in a proposed reinvestment zone. (e) Not later than the 60th day before the date of the public hearing required by Subsection (c), the governing body [of the municipality] must notify in writing the governing body of each taxing unit that levies real property taxes in the proposed reinvestment zone that it intends to establish the zone. The notice must contain a description of the proposed boundaries of the zone, the tentative plans for the development or redevelopment of the zone, and an estimate of the general impact of the proposed zone on property values and tax revenues. The notice may be given later than the 60th day before the date of the public hearing if the governing body of each municipality, county, and school district that levies real property taxes in the proposed zone agrees to waive the requirement. (f) A taxing unit may request additional information from the governing body [of the municipality]. The governing body [of the municipality] shall provide the information requested to the extent practicable. In addition to the notice required by Subsection (e), the governing body [of the municipality] shall make a formal presentation to the governing body of each municipality, county, or school district that levies real property taxes in the proposed reinvestment zone. The presentation must include a description of the proposed boundaries of the zone, the tentative plans for the development or redevelopment of the zone, and an estimate of the general impact of the proposed zone on property values and tax revenues. The governing body [of the municipality] shall notify each taxing unit that levies real property taxes in the proposed zone of each presentation to be made to a municipality, county, or school district under this subsection. Members of the governing body of each taxing unit that levies real property taxes in the proposed zone may attend a presentation under this subsection. If agreed to by the municipality, county, or school districts involved, the governing body [of the municipality] may make a single presentation to more than one municipality, county, or school district governing body. (g) Not later than the 15th day after the date on which the notice required by Subsection (e) is given, each taxing unit that levies real property taxes in the proposed reinvestment zone shall designate a representative to meet with the governing body [of the municipality] to discuss the project plan and the reinvestment zone financing plan and shall notify the governing body [of the municipality] of its designation. At any time after the 15th day after the date on which the notice required by Subsection (e) has been given to every taxing unit, the governing body [of the municipality] may call a meeting of the representatives of the taxing units. The governing body [of the municipality] may call as many meetings as it considers necessary. Each representative shall be notified of each meeting in advance. At the meetings the governing body [of the municipality] and the representatives of the other taxing units may discuss the boundaries of the zone, development in the zone, the tax increment that each taxing unit will contribute to the tax increment fund, the retention by a taxing unit of a portion of its tax increment as permitted by Section 311.013, the exclusion of particular parcels of property from the zone, the board of directors for the zone, and tax collection for the zone. On the motion of the governing body [of the municipality] calling the meeting, any other matter relevant to the proposed reinvestment zone may be discussed. Sec. 311.004. CONTENTS OF REINVESTMENT ZONE ORDINANCE OR ORDER. (a) The ordinance or order designating an area as a reinvestment zone must: (1) describe the boundaries of the zone with sufficient definiteness to identify with ordinary and reasonable certainty the territory included in the zone; (2) create a board of directors for the zone and specify the number of directors of the board as provided by Section 311.009 or 311.0091, as applicable; (3) provide that the zone take effect immediately upon passage of the ordinance or order; (4) provide a date for termination of the zone; (5) assign a name to the zone for identification, with the first zone created by a municipality or county designated as "Reinvestment Zone Number One, City (or Town or county, as applicable) of (name of municipality or county)" and subsequently created zones assigned names in the same form numbered consecutively in the order of their creation; (6) establish a tax increment fund for the zone; and (7) contain findings that: (A) improvements in the zone will significantly enhance the value of all the taxable real property in the zone and will be of general benefit to the municipality or county; and (B) the area meets the requirements of Section 311.005. (b) For purposes of complying with Subsection (a)(7)(A), the ordinance or order is not required to identify the specific parcels of real property to be enhanced in value. (c) To designate a reinvestment zone under Section 311.005(a)(5), the governing body [of a municipality] must specify in the ordinance or order that the reinvestment zone is designated under that section. SECTION 2. Subsection (a), Section 311.005, Tax Code, is amended to read as follows: (a) To be designated as a reinvestment zone, an area must: (1) substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use because of the presence of: (A) a substantial number of substandard, slum, deteriorated, or deteriorating structures; (B) the predominance of defective or inadequate sidewalk or street layout; (C) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (D) unsanitary or unsafe conditions; (E) the deterioration of site or other improvements; (F) tax or special assessment delinquency exceeding the fair value of the land; (G) defective or unusual conditions of title; or (H) conditions that endanger life or property by fire or other cause; (2) be predominantly open and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impair or arrest the sound growth of the municipality or county; [or] (3) be in a federally assisted new community located in the municipality or county, or in an area immediately adjacent to a federally assisted new community; or (5) be an area described in a petition requesting that the area be designated as a reinvestment zone, if the petition is submitted to the governing body [of the municipality] by the owners of property constituting at least 50 percent of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located. SECTION 3. Sections 311.007 and 311.008, Tax Code, are amended to read as follows: Sec. 311.007. CHANGING BOUNDARIES OF EXISTING ZONE. (a) Subject to the limitations provided by Section 311.006, the boundaries of an existing reinvestment zone may be reduced or enlarged by ordinance or resolution of the governing body [of the municipality] that created the zone. (b) The governing body [of the municipality] may enlarge an existing reinvestment zone to include an area described in a petition requesting that the area be included in the zone if the petition is submitted to the governing body [of the municipality] by the owners of property constituting at least 50 percent of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located. The composition of the board of directors of the zone continues to be governed by Section 311.009(a) or (b), whichever applied to the zone immediately before the enlargement of the zone, except that the membership of the board must conform to the requirements of the applicable subsection of Section 311.009 as applied to the zone after its enlargement. The provision of Section 311.006(b) relating to the amount of property used for residential purposes that may be included in the zone does not apply to the enlargement of a zone under this subsection. Sec. 311.008. POWERS OF MUNICIPALITY OR COUNTY. (a) In this section, "educational facility" includes equipment, real property, and other facilities, including a public school building, that are used or intended to be used jointly by the municipality or county and an independent school district. (b) A municipality or county may exercise any power necessary and convenient to carry out this chapter, including the power to: (1) cause project plans to be prepared, approve and implement the plans, and otherwise achieve the purposes of the plan; (2) acquire real property by purchase, condemnation, or other means to implement project plans and sell that property on the terms and conditions and in the manner it considers advisable; (3) enter into agreements, including agreements with bondholders, determined by the governing body [of the municipality] to be necessary or convenient to implement project plans and achieve their purposes, which agreements may include conditions, restrictions, or covenants that run with the land or that by other means regulate or restrict the use of land; and (4) consistent with the project plan for the zone: (A) acquire blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed real property or other property in a blighted area or in a federally assisted new community in the zone for the preservation or restoration of historic sites, beautification or conservation, the provision of public works or public facilities, or other public purposes; (B) acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities; or (C) in a reinvestment zone created on or before September 1, 1999, acquire, construct, or reconstruct educational facilities in the municipality. (c) The powers authorized by Subsection (b)(2) prevail over any law or municipal charter to the contrary. (d) A municipality or county may make available to the public on request financial information regarding the acquisition by the municipality or county of land in the zone when the municipality or county acquires the land. SECTION 4. Subsections (a), (b), (e), and (f), Section 311.009, Tax Code, are amended to read as follows: (a) Except as provided by Subsection (b), the board of directors of a reinvestment zone consists of at least five and not more than 15 members, unless more than 15 members are required to satisfy the requirements of this subsection. Each taxing unit other than a municipality or county that levies taxes on real property in the zone may appoint one member of the board. A unit may waive its right to appoint a director. The governing body [of the municipality] that created the zone may appoint not more than 10 directors to the board; except that if there are fewer than five directors appointed by taxing units other than the municipality or county, the governing body [of the municipality] may appoint more than 10 members as long as the total membership of the board does not exceed 15. (b) If the zone was designated under Section 311.005(a)(5), the board of directors of the zone consists of nine members. Each school district or county that levies taxes on real property in the zone may appoint one member of the board if the school district or county has approved the payment of all or part of the tax increment produced by the unit. The member of the state senate in whose district the zone is located is a member of the board, and the member of the state house of representatives in whose district the zone is located is a member of the board, except that either may designate another individual to serve in the member's place at the pleasure of the member. If the zone is located in more than one senate or house district, this subsection applies only to the senator or representative in whose district a larger portion of the zone is located than any other senate or house district, as applicable. The remaining members of the board are appointed by the governing body [of the municipality] that created the zone. (e) To be eligible for appointment to the board by the governing body [of the municipality], an individual must: (1) if the board is covered by Subsection (a): (A) be a qualified voter of the municipality or county; or (B) be at least 18 years of age and own real property in the zone, whether or not the individual resides in the municipality or county; or (2) if the board is covered by Subsection (b): (A) be at least 18 years of age; and (B) own real property in the zone or be an employee or agent of a person that owns real property in the zone. (f) Each year the governing body [of the municipality] shall appoint one member of the board to serve as chairman for a term of one year that begins on January 1 of the following year. The board of directors may elect a vice-chairman to preside in the absence of the chairman or when there is a vacancy in the office of chairman. The board may elect other officers as it considers appropriate. SECTION 5. Subsections (a), (b), (d), (e), and (f), Section 311.010, Tax Code, are amended to read as follows: (a) The board of directors of a reinvestment zone shall make recommendations to the governing body [of the municipality] that created the zone concerning the administration of this chapter in the zone. The governing body [of the municipality] by ordinance or resolution may authorize the board to exercise any of the governing body's [municipality's] powers with respect to the administration, management, or operation of the zone or the implementation of the project plan for the zone, except that the governing body may not authorize the board to: (1) issue bonds; (2) impose taxes or fees; (3) exercise the power of eminent domain; or (4) give final approval to the project plan. (b) The board of directors of a reinvestment zone and the governing body [of the municipality] that creates a reinvestment zone may each enter into agreements as the board or the governing body considers necessary or convenient to implement the project plan and reinvestment zone financing plan and achieve their purposes. An agreement may provide for the regulation or restriction of the use of land by imposing conditions, restrictions, or covenants that run with the land. An agreement may during the term of the agreement dedicate, pledge, or otherwise provide for the use of revenue in the tax increment fund to pay any project costs that benefit the reinvestment zone, including project costs relating to the cost of buildings, schools, or other educational facilities owned by or on behalf of a school district, community college district, or other political subdivision of this state, railroad or transit facilities, affordable housing, the remediation of conditions that contaminate public or private land or buildings, the preservation of the facade of a private or public building, or the demolition of public or private buildings. An agreement may dedicate revenue from the tax increment fund to pay the costs of providing affordable housing or areas of public assembly in or out of the zone. An agreement may dedicate revenue from the tax increment fund to pay a neighborhood enterprise association for providing services or carrying out projects authorized under Subchapters E and G, Chapter 2303, Government Code, in the zone. The term of an agreement with a neighborhood enterprise association may not exceed 10 years. (d) The board of directors of a reinvestment zone may exercise any power granted to a municipality or county by Section 311.008, except that: (1) the governing body [municipality] that created the reinvestment zone by ordinance or resolution or order may restrict any power granted to the board by this chapter; and (2) the board may exercise a power granted to a municipality or county under Section 311.008(b)(2) [311.008(a)(2)] only with the consent of the governing body [of the municipality]. (e) After the governing body [of a municipality] by ordinance or order creates a reinvestment zone under this chapter, the board of directors of the zone may exercise any power granted to a board under this chapter. (f) The board of directors of a reinvestment zone and the governing body [of the municipality] may enter into a contract with a local government corporation to manage the reinvestment zone or implement the project plan and reinvestment zone financing plan for the term of the agreement. In this subsection, "local government corporation" means a local government corporation created by the municipality or county under Chapter 431, Transportation Code. SECTION 6. Subsections (a), (b), (d), (e), and (g), Section 311.011, Tax Code, are amended to read as follows: (a) The board of directors of a reinvestment zone shall prepare and adopt a project plan and a reinvestment zone financing plan for the zone and submit the plans to the governing body [of the municipality] that created the zone. The plans must be as consistent as possible with the preliminary plans developed for the zone before the creation of the board. (b) The project plan must include: (1) a map showing existing uses and conditions of real property in the zone and a map showing proposed improvements to and proposed uses of that property; (2) proposed changes of zoning ordinances, the master plan of the municipality, building codes, and other municipal ordinances if applicable; (3) a list of estimated nonproject costs; and (4) a statement of a method of relocating persons to be displaced as a result of implementing the plan. (d) The governing body [of the municipality] must approve a project plan or reinvestment zone financing plan after its adoption by the board. The approval must be by ordinance or order that finds that the plan is feasible and conforms to the master plan, if any, of the municipality, or to subdivision rules and regulations, if any, of the county. (e) The board of directors of the zone at any time may adopt an amendment to the project plan consistent with the requirements and limitations of this chapter. The amendment takes effect on approval by the governing body [of the municipality]. That approval must be by ordinance or order. If an amendment reduces or increases the geographic area of the zone, increases the amount of bonded indebtedness to be incurred, increases or decreases the percentage of a tax increment to be contributed by a taxing unit, increases the total estimated project costs, or designates additional property in the zone to be acquired by the municipality or county, the approval must be by ordinance or order adopted after a public hearing that satisfies the procedural requirements of Sections 311.003(c) and (d). (g) An amendment to the project plan or the reinvestment zone financing plan for a zone does not apply to a school district that participates in the zone unless the governing body of the school district by official action approves the amendment, if the amendment: (1) has the effect of directly or indirectly increasing the percentage or amount of the tax increment to be contributed by the school district; or (2) requires or authorizes the municipality or county creating the zone to issue additional tax increment bonds or notes. SECTION 7. Subsections (d), (e), (f), and (k), Section 311.013, Tax Code, are amended to read as follows: (d) If the reinvestment zone is created on or after August 29, 1983, a taxing unit is not required to pay a tax increment into the tax increment fund of the zone after three years from the date the zone is created unless the following conditions exist or have been met within the three-year period: (1) bonds have been issued for the zone under Section 311.015; (2) the municipality or county has acquired property in the zone pursuant to the project plan; or (3) construction of improvements pursuant to the project plan has begun in the zone. (e) If the reinvestment zone was created before August 29, 1983, a taxing unit is not required to pay a tax increment into the tax increment fund of the zone after September 1, 1986, unless the following conditions existed or were met before September 1, 1986: (1) bonds were issued for the zone under Section 311.015; (2) the municipality or county acquired property in the zone pursuant to the project plan; or (3) construction of improvements pursuant to the project plan has begun in the zone. (f) A taxing unit is not required to pay into the tax increment fund any of its tax increment produced from property located in a reinvestment zone designated under Section 311.005(a) or in an area added to a reinvestment zone under Section 311.007 unless the taxing unit enters into an agreement to do so with the governing body [of the municipality] that created the zone. A taxing unit may enter into an agreement under this subsection at any time before or after the zone is created or enlarged. The agreement may include conditions for payment of that tax increment into the fund and must specify the portion of the tax increment to be paid into the fund and the years for which that tax increment is to be paid into the fund. The agreement and the conditions in the agreement are binding on the taxing unit, the municipality or county, and the board of directors of the zone. (k) A school district is not required to pay into the tax increment fund any of its tax increment produced from property located in an area added to the reinvestment zone under Section 311.007(a) or (b) unless the governing body of the school district enters into an agreement to do so with the governing body [of the municipality] that created the zone[, including a municipality described by Subsection (h)]. The governing body of a school district may enter into an agreement under this subsection at any time before or after the zone is created or enlarged. The agreement may include conditions for payment of that tax increment into the fund and must specify the portion of the tax increment to be paid into the fund and the years for which that tax increment is to be paid into the fund. The agreement and the conditions in the agreement are binding on the school district, the municipality or county, and the board of directors of the zone. SECTION 8. Subsections (c) and (d), Section 311.014, Tax Code, are amended to read as follows: (c) Subject to an agreement with the holders of tax increment bonds or notes, money in a tax increment fund may be temporarily invested in the same manner as other funds of the municipality or county. (d) After all project costs and all tax increment bonds or notes issued for a reinvestment zone have been paid, and subject to any agreement with bondholders, any money remaining in the tax increment fund shall be paid to the municipality or county and other taxing units levying taxes on property in the zone in proportion to the municipality's or county's and each unit's respective share of the total amount of tax increments derived from taxable real property in the zone that were deposited in the fund during the fund's existence. SECTION 9. Subsections (a), (b), (c), (e), (f), (g), (i), (j), and (k), Section 311.015, Tax Code, are amended to read as follows: (a) A municipality or county creating a reinvestment zone may issue tax increment bonds or notes, the proceeds of which may be used to pay project costs for the reinvestment zone on behalf of which the bonds or notes were issued or to satisfy claims of holders of the bonds or notes. The municipality or county may issue refunding bonds or notes for the payment or retirement of tax increment bonds or notes previously issued by it. (b) Tax increment bonds and notes are payable, as to both principal and interest, solely from the tax increment fund established for the reinvestment zone. The governing body [of the municipality] may pledge irrevocably all or part of the fund for payment of tax increment bonds or notes. The part of the fund pledged in payment may be used only for the payment of the bonds or notes or interest on the bonds or notes until the bonds or notes have been fully paid. A holder of the bonds or notes or of coupons issued on the bonds has a lien against the fund for payment of the bonds or notes and interest on the bonds or notes and may protect or enforce the lien at law or in equity. (c) Tax increment bonds are issued by ordinance or order of the municipality or county without any additional approval other than that of the attorney general. (e) The issuing municipality or county may provide in the contract with the owners or holders of tax increment bonds that it will pay into the tax increment fund all or any part of the revenue produced or received from the operation or sale of a facility acquired, improved, or constructed pursuant to a project plan, to be used to pay principal and interest on the bonds. If the municipality or county agrees, the owners or holders of tax increment bonds may have a lien or mortgage on a facility acquired, improved, or constructed with the proceeds of the bonds. (f) Tax increment bonds may be issued in one or more series. The ordinance or order approving a tax increment bond or note, or the trust indenture or mortgage issued in connection with the bond or note, shall provide: (1) the date that the bond or note bears; (2) that the bond or note is payable on demand or at a specified time; (3) the interest rate that the bond or note bears; (4) the denomination of the bond or note; (5) whether the bond or note is in coupon or registered form; (6) the conversion or registration privileges of the bond or note; (7) the rank or priority of the bond or note; (8) the manner of execution of the bond or note; (9) the medium of payment in which and the place or places at which the bond or note is payable; (10) the terms of redemption, with or without premium, to which the bond or note is subject; (11) the manner in which the bond or note is secured; and (12) any other characteristic of the bond or note. (g) A bond or note issued under this chapter is fully negotiable. In a suit, action, or other proceeding involving the validity or enforceability of a bond or note issued under this chapter or the security of a bond or note issued under this chapter, if the bond or note recites in substance that it was issued by the municipality or county for a reinvestment zone, the bond or note is conclusively deemed to have been issued for that purpose, and the development or redevelopment of the zone is conclusively deemed to have been planned, located, and carried out as provided by this chapter. (i) A tax increment bond or note is not a general obligation of the municipality or county issuing the bond or note. A tax increment bond or note does not give rise to a charge against the general credit or taxing powers of the municipality or county and is not payable except as provided by this chapter. A tax increment bond or note issued under this chapter must state the restrictions of this subsection on its face. (j) A tax increment bond or note may not be included in any computation of the debt of the issuing municipality or county. (k) A municipality or county may not issue tax increment bonds or notes in an amount that exceeds the total cost of implementing the project plan for the reinvestment zone for which the bonds or notes are issued. SECTION 10. Sections 311.016 and 311.017, Tax Code, are amended to read as follows: Sec. 311.016. ANNUAL REPORT BY MUNICIPALITY OR COUNTY. (a) On or before the 90th day following the end of the fiscal year of the municipality or county, the governing body [of a municipality] shall submit to the chief executive officer of each taxing unit that levies property taxes on real property in a reinvestment zone created by the municipality or county a report on the status of the zone. The report must include: (1) the amount and source of revenue in the tax increment fund established for the zone; (2) the amount and purpose of expenditures from the fund; (3) the amount of principal and interest due on outstanding bonded indebtedness; (4) the tax increment base and current captured appraised value retained by the zone; and (5) the captured appraised value shared by the municipality or county and other taxing units, the total amount of tax increments received, and any additional information necessary to demonstrate compliance with the tax increment financing plan adopted by the governing body [of the municipality]. (b) The municipality or county shall send a copy of a report made under this section to: (1) the attorney general; and (2) the comptroller. Sec. 311.017. TERMINATION OF REINVESTMENT ZONE. (a) A reinvestment zone terminates on the earlier of: (1) the termination date designated in the ordinance or order creating the zone or an earlier termination date designated by an ordinance or order adopted subsequent to the ordinance or order creating the zone; or (2) the date on which all project costs, tax increment bonds, and interest on those bonds have been paid in full. (b) The tax increment pledged to the payment of bonds and interest on the bonds may be discharged and the reinvestment zone may be terminated if the municipality or county that created the zone deposits or causes to be deposited with a trustee or other escrow agent authorized by law funds in an amount that, together with the interest on the investment of the funds in direct obligations of the United States, will be sufficient to pay the principal of, premium, if any, and interest on all bonds issued on behalf of the reinvestment zone at maturity or at the date fixed for redemption of the bonds, and to pay any other amounts that may become due, including compensation due or to become due to the trustee or escrow agent. SECTION 11. Subsections (b) and (c), Section 311.019, Tax Code, are amended to read as follows: (b) A municipality or county that designates a reinvestment zone or approves a project plan or reinvestment zone financing plan under this chapter shall deliver to the comptroller before April 1 of the year following the year in which the zone is designated or the plan is approved a report containing: (1) a general description of each zone, including: (A) the size of the zone; (B) the types of property located in the zone; (C) the duration of the zone; and (D) the guidelines and criteria established for the zone under Section 311.005; (2) a copy of each project plan or reinvestment zone financing plan adopted; and (3) any other information required by the comptroller to administer this section and Subchapter F, Chapter 111. (c) A municipality or county that amends or modifies a project plan or reinvestment zone financing plan adopted under this chapter shall deliver a copy of the amendment or modification to the comptroller before April 1 of the year following the year in which the plan was amended or modified. SECTION 12. Section 311.020, Tax Code, is amended to read as follows: Sec. 311.020. STATE ASSISTANCE. (a) On request of the governing body [of a municipality] or of the presiding officer of the governing body, the comptroller may provide assistance to a municipality or county relating to the administration of this chapter. (b) The Texas Department of Economic Development and the comptroller may provide technical assistance to a municipality or county regarding: (1) the designation of reinvestment zones under this chapter; and (2) the adoption and execution of project plans or reinvestment zone financing plans under this chapter. SECTION 13. 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.