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Amend SB 1266 (second reading engrossment) by striking all
below the enacting clause and substituting the following:
SECTION 1. Section 222.104(e) is amended as follows:
(e) The department may use any available funds for the
purpose of making a pass-through toll payment under this section
except funds derived from the issuance of bonds under Section
201.943.
(g-1) Notwithstanding Subsection (g), as added by Chapter
994, Acts of the 79th Legislature, Regular Session, 2005, or any
other provision of this section, in any state fiscal year that
begins on or after September 1, 2007, the commission shall enter
into one or more agreements with public or private entities that
provide for the payment of pass-through tolls to the public and
private entities as reimbursement for the design, development,
financing, construction, maintenance, or operation of toll and
nontoll facilities in a total amount that is not less than the
yearly average of the total amount of such agreements in effect
before September 1, 2007. This subsection expires September 1,
2009.
SECTION 2. 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 development or redevelopment of
property;
(3) facilitate the movement of traffic; and
(4) enhance a local entity's ability to sponsor a
project authorized under Section 222.104.
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 municipality and located in a
transportation reinvestment zone under this section;
(2) 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
(3) 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 intends to enter into an agreement with the department
under Section 222.104.
(c) If the governing body determines an area to be
unproductive and underdeveloped and that it meets the criteria
under section 222.105, 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) The governing body must abide by all current and future
laws in the application of this chapter.
(e) Not later than the thirtieth 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 and the intent to create the zone 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 a
"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 promotion of the
transportation project will cultivate development or redevelopment
of the zone.
(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) Moneys deposited to the local tax increment account may
be used to fund projects authorized under Section 222.104,
including to repay amounts owned under any agreement entered into
pursuant to Section 222.104.
(j) A transportation reinvestment zone terminates on
December 31 of the year in which the municipality fulfills any
contractual requirement which included the pledge of moneys
deposited to the local tax increment account or the repayment of
money owed under the agreement under Sec. 222.104 for which the zone
was created.
(k) A transportation reinvestment zone terminates if the
municipality does not use the zone for its intended purpose within
ten years.
(1) 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 intends to enter into a pass-through toll agreement
with the department under Section 222.104.
(c) The commissioners court of the county, after determining
that an area is unproductive and underdeveloped and meets the
criteria under section 222.105, 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) The governing body must abide by all applicable laws in
the application of this chapter.
(e) Not later than the thirtieth 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 and the intent to create a zone must be
published in a newspaper having general circulation in the county.
(f) The order or resolution designating an area as a
transportation reinvestment zone must:
(1) describe the boundaries of the zone with sufficient
definiteness to identity 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.
(g) Fulfilling the requirements of this section shall
constitute designation of an area as a transportation reinvestment
zone without further hearings or other procedural requirements.
(h) 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. All
abatements granted by the commissioners court must be of equal rate
to all property owners. 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.
(i) To assist the county in developing a project authorized
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.
(j) In any ad valorem tax year, a road utility district formed
as provided by Subsection (i) 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 (h).
Notwithstanding Section 441.192(a), an election is not required to
approve the imposition of the taxes.
(k) A road utility district formed as provided by Subsection
(i) may enter into an agreement with the county to assume the
obligation, if any, of the county to fund a project under Sections
222.104 or to repay funds owed to the department under Section
222.104. Any amount paid for this purpose is considered to be an
operating expense of the district. Any taxes collected by the
district that are not paid for this purpose may be used for any
district purpose.
(l) A tax abatement agreement entered into under Subsection
(h), or an order or resolution on the abatement of taxes under that
subsection, terminates on December 31 of the year in which the
county fulfills any contractual requirement which included the
pledge of moneys collected under this subsection or within ten
years of the abatement is not used for its intended purpose.
SECTION 3. This Act takes effect September 1, 2007.