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	Amend SB 1266 (house committee printing) by striking all 
below the enacting clause and substituting the following:
	SECTION 1.  Subchapter E, Chapter 222, Transportation Code, 
is amended by adding Sections 222.105, 222.106, 222.107, and 
222.108 to read as follows:
	Sec. 222.105.  PURPOSES.  The purposes of this chapter are 
to:        
		(1) promote public safety;                                             
		(2) facilitate the movement of traffic;                                
		(3) preserve the public's financial investment in 
highways by requiring the Texas Department of 
Transportation to provide incentives for local 
governments to participate in the development of 
highway infrastructure projects through the 
option to create Transportation Reinvestment 
Zones provided for under this chapter; and
		(4) create a fund in the state treasury, the 
Transportation Reinvestment Fund, to serve as a 
central depository for any local revenue 
generated by the development of a Transportation 
Reinvestment Zone with the intent to partially 
finance pass through highway projects in this 
state.
	Sec. 222.106.  TRANSPORTATION REINVESTMENT FUND.  (a)  In 
this section, "fund" means the transportation reinvestment fund.
	(b)  The fund is a special account in the state treasury 
administered by the comptroller.  The fund is exempt from the 
application of Section 403.095, Government Code.  Interest earned 
on money in the fund shall be credited to the fund.
	(c) The fund consists of money received under Section 222.107 
or 222.108.
	(d) Any amount deposited to the credit of the fund may be used 
only for the purpose of funding projects authorized by Section 
222.104.
	(e) The fund shall be limited to providing not greater than 40 
percent of eligible project costs for projects authorized by the 
department under Section 222.104, and the department shall provide 
any remaining necessary funding from any available source.
	(f) For all projects approved by the department under the 
provisions of Sections 222.104 and 222.106, the department shall:
		(1) fund eligible project costs at a level of ninety 
percent or greater for sponsoring entities 
establishing a transportation reinvestment zone 
as defined by 222.107 or 222.108; and
		(2) negotiate a deposit to the credit of the fund from 
revenue collected under 222.107 or
		(3) 222.108 of not greater than 50 percent of the 
aggregate amount of any payments made by the 
department to the municipality or county under the 
agreement negotiated under Section 222.104.
	(g) Money deposited to the fund shall be:                               
		(1)  used only for a purpose specified by this section;                
		(2)  reserved for future projects authorized under 
222.104 sponsored by the originating entity for a period of ten 
years; and
		(3) reserved for future projects authorized under 
222.104, after the expiration of the tenth anniversary of a 
deposit to the fund, only in connection with a project that is 
located in the department district in which the 
transportation reinvestment zone is located.
	(h) Projects that have received Transportation Commission 
approval prior to the effective date of this Section are exempted 
from any provisions defined in this Section.
	Sec. 222.106.  MUNICIPAL TRANSPORTATION REINVESTMENT ZONES.  
(a)  In this section:
		(1) the amount of a municipality's tax increment for a 
year is the amount of ad valorem taxes levied and 
collected by the municipality for that year on the 
captured appraised value of real property taxable 
by the
		(2) municipality and located in a transportation 
reinvestment zone under this section;
		(3)  the captured appraised value of real property 
taxable by a municipality for a year is the total appraised value of 
all real property taxable by the municipality and located in a 
transportation reinvestment zone for that year less the tax 
increment base of the municipality; and
		(4)  the tax increment base of a municipality is the 
total appraised value of all real property taxable by the 
municipality and located in a transportation reinvestment zone for 
the year in which the zone was designated under this section.
	(b)  This section applies only to a municipality the 
governing body of which has entered into an agreement with the 
department under Section 222.104.
	(c)  If the governing body determines the area to be 
unproductive, underdeveloped, or blighted, the governing body of 
the municipality by ordinance may designate a contiguous geographic 
area in the jurisdiction of the municipality to be a transportation 
reinvestment zone to promote a transportation project described by 
Section 222.104 that cultivates development or redevelopment of the 
area.
	(d)  In determining whether an area is unproductive, 
underdeveloped, or blighted, the governing body of the municipality 
may:
		(1)  use the criteria established by Section 
311.005(a), Tax Code; or
		(2)  use other criteria that the governing body 
reasonably determines, in good faith, provide a basis for making 
the determination.
	(e)  Not later than the seventh day before the date the 
governing body of the municipality proposes to adopt an ordinance 
designating an area as a transportation reinvestment zone under 
this section, the governing body must hold a public hearing on the 
creation of the zone and its benefits to the municipality and to 
property in the proposed zone.  At the hearing an interested person 
may speak for or against the creation of the zone or its boundaries.  
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.
	(f)  Fulfilling the requirements of this section shall 
constitute designation of an area as a transportation reinvestment 
zone without further hearings or other procedural requirements.
	(g)  The ordinance designating an area as a transportation 
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)  provide that the zone takes effect immediately on 
passage of the ordinance;
		(3)  assign a name to the zone for identification, with 
the first zone created by a

municipality designated as "Transportation Reinvestment Zone 
Number One, City (or Town, as applicable) of (name of 
municipality)," and subsequently created zones assigned names in 
the same form, numbered consecutively in the order of their 
creation;
		(4)  establish a local ad valorem tax increment account 
for the zone; and
		(5)  contain findings that:                                            
			(A)  promotion of the transportation project will 
cultivate development or redevelopment of the zone; and
			(B)  the zone meets the requirements of Subsection 
(d).             
	(h)  From taxes collected on property in the zone, the 
municipality shall pay into the local tax increment account for a 
zone an amount equal to the tax increment produced by the 
municipality.
	(i)  The governing body of the municipality, by ordinance or 
resolution, may enter into an agreement with the department under 
Section 222.106(f) of this chapter, authorizing a percentage of the 
money deposited to the credit of the local tax increment account 
established for the transportation reinvestment zone to be 
deposited to the credit of the transportation reinvestment fund.  
Any remaining amount in the tax increment fund may be used for any 
municipal purpose in the zone.
	(j)  A transportation reinvestment zone terminates on 
December 31 of the year in which the municipality ceases to

be required to make reimbursement payments to the department under 
Subsection (i).  Any surplus remaining on termination of the zone 
may be used for transportation projects of the municipality in or 
outside of the zone.
	Sec. 222.107.  COUNTY TRANSPORTATION REINVESTMENT ZONES; 
TAX ABATEMENTS; ROAD UTILITY DISTRICTS.  (a)  In this section:
		(1)  the amount of a county's tax increment for a year 
is the amount of ad valorem taxes levied and collected by the county 
for that year on the captured appraised value of real property 
taxable by the county and located in a transportation reinvestment 
zone under this section;
		(2)  the captured appraised value of real property 
taxable by a county for a year is the total appraised value of all 
real property taxable by the county and located in a transportation 
reinvestment zone for that year less the tax increment base of the 
county; and
		(3)  the tax increment base of a county is the total 
appraised value of all real property taxable by the county and 
located in a transportation reinvestment zone for the year in which 
the zone was designated under this section.
	(b)  This section applies only to a county the commissioners 
court of which has entered into a pass-through toll agreement with 
the department under Section 222.104.
	(c)  The commissioners court of the county by order or 
resolution may designate a contiguous geographic area in the 
jurisdiction of the county to be a transportation

reinvestment zone to promote a transportation project described by 
Section 222.104 that cultivates development or redevelopment of the 
area and for the purpose of abating ad valorem taxes imposed by the 
county on real property located in the zone.
	(d)  Not later than the seventh day before the date the 
commissioners court proposes to designate an area as a 
transportation reinvestment zone under this section, the 
commissioners court must hold a public hearing on the creation of 
the zone, its benefits to the county and to property in the proposed 
zone, and the abatement of ad valorem taxes imposed by the county on 
real property located in the zone.  At the hearing an interested 
person may speak for or against the creation of the zone, its 
boundaries, or the abatement of county taxes on real property in the 
zone.  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 county.
	(e)  The order or resolution designating an area as a 
transportation 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)  provide that the zone takes effect immediately on 
adoption of the order or resolution; and
		(3)  assign a name to the zone for identification, with 
the first zone created by a county designated as "Transportation 
Reinvestment Zone Number One,

County of (name of county)," and subsequently created zones 
assigned names in the same form numbered consecutively in the order 
of their creation.
	(f) Fulfilling the requirements of this section shall 
constitute designation of an area as a transportation reinvestment 
zone without further hearings or other procedural requirements.
	(g)  The commissioners court by order or resolution may enter 
into an agreement with the owner of any real property located in the 
transportation reinvestment zone to abate a portion of the ad 
valorem taxes imposed by the county on the owner's property.  In the 
alternative, the commissioners court by order or resolution may 
elect to abate a portion of the ad valorem taxes imposed by the 
county on all real property located in the zone.  In any ad valorem 
tax year, the total amount of the taxes abated under this section 
may not exceed the amount calculated under Subsection (a)(1) for 
that year.
	(h)  To assist the county in complying with the terms or 
conditions of an agreement with the department under Section 
222.104, a road utility district may be formed under Chapter 441 
that has the same boundaries as a transportation reinvestment zone 
created under this section.
	(i)  In any ad valorem tax year, a road utility district 
formed as provided by Subsection (h) may impose taxes on property in 
the district at a rate that when applied to the property in the 
district would impose taxes

in an amount equal to the amount of taxes abated by the 
commissioners court of the county under Subsection (g).  
Notwithstanding Section 441.192(a), an election is not required to 
approve the imposition of the taxes.
	(j)  A road utility district formed as provided by Subsection 
(h) may enter into an agreement with the county to assume the 
obligation, if any, of the county to fulfill an agreement with the 
department under Sections 222.104 and 222.106 of this chapter. Any 
amount paid to the credit of the transportation reinvestment fund 
under this subsection is considered to be an operating expense of 
the district.  Any taxes collected by the district that are not paid 
to the department under this subsection may be used for any district 
purpose.
	(k)  A tax abatement agreement entered into under Subsection 
(g), or an order or resolution on the abatement of taxes under that 
subsection, terminates on December 31 of the year in which the 
county ceases to be required to make reimbursement payments to the 
department under the agreement entered into under Section 222.104.
	SECTION 2.  This Act takes effect September 1, 2007.