BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1134

81R5919 SLB-F                                                                                                 By: England (West)

                                                                                                                      Economic Development

                                                                                                                                            5/12/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Dallas County Flood Control District is a conservation and reclamation district with tax abatement authority similar to that possessed by cities granted by H.B. 2049 in 1991.  Because H.B. 2049 only permitted tax abatement agreements for a period of 10 years, development was still not possible because the district's bonds had a 30-year life.  Consequently, the district requested legislation in 1997, to permit tax abatement agreements to extend for a 30-year period.  The 75th Legislature enacted S.B. 1450 which made that change. 

 

Both H.B. 2049 and S.B. 1450 granted tax abatement authority for commercial-industrial projects.  Residential projects were not anticipated.  It has now turned out that there are at least two proposed projects which would have residential uses.  One is for townhomes and the other is a senior retirement community.  In order to accommodate these possible projects the district is requesting that it be permitted to enter into tax abatement agreements for residential projects. 

 

This legislation simply adds residential properties to the commercial and industrial properties allowed economic development incentives by the Dallas County Flood Control District. 

 

H.B. 1134 relates to the authority of the Dallas County Flood Control District No. 1 to enter into a tax abatement agreement and to designate a reinvestment zone. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 16A, Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983, as follows:

 

Sec.  16A.  TAX ABATEMENT CRITERIA.  Authorizes the Dallas County Flood Control District No. 1 to enter into a tax abatement agreement and designate an area as a reinvestment zone on a finding by the board of directors that the proposed commercial-industrial or residential project or projects meet the criteria prescribed by Section 16D of this Act. 

 

SECTION 2.  Amends Sections 16C(b) and (c), Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983, as follows:

 

(b)  Requires that the resolution describe the boundaries of the zone and the eligibility of the zone for commercial-industrial or residential tax abatement. 

 

(c)  Makes conforming changes. 

 

SECTION 3.  Amends Section 16D(b), Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983, to make a conforming change. 

 

SECTION 4.  Amends Section 16E(a), Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983, to make a conforming change. 

 

SECTION 5.  Makes application of this Act prospective.

 

SECTION 6.  Effective date:  September 1, 2009.