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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of revenue from a tax increment fund to acquire, |
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construct, or reconstruct educational facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 311.008(b), Tax Code, is amended to read |
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as follows: |
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(b) A municipality or county may exercise any power |
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necessary and convenient to carry out this chapter, including the |
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power to: |
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(1) cause project plans to be prepared, approve and |
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implement the plans, and otherwise achieve the purposes of the |
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plan; |
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(2) acquire real property by purchase, condemnation, |
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or other means to implement project plans and sell that property on |
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the terms and conditions and in the manner it considers advisable; |
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(3) enter into agreements, including agreements with |
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bondholders, determined by the governing body of the municipality |
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or county to be necessary or convenient to implement project plans |
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and achieve their purposes, which agreements may include |
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conditions, restrictions, or covenants that run with the land or |
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that by other means regulate or restrict the use of land; and |
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(4) consistent with the project plan for the zone: |
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(A) acquire blighted, deteriorated, |
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deteriorating, undeveloped, or inappropriately developed real |
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property or other property in a blighted area or in a federally |
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assisted new community in the zone for the preservation or |
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restoration of historic sites, beautification or conservation, the |
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provision of public works or public facilities, or other public |
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purposes; or |
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(B) acquire, construct, reconstruct, or install |
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public works, facilities, or sites or other public improvements, |
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including utilities, streets, street lights, water and sewer |
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facilities, pedestrian malls and walkways, parks, flood and |
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drainage facilities, educational facilities, or parking |
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facilities[, but not including educational facilities; or
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[(C)
in a reinvestment zone created on or before
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September 1, 1999, acquire, construct, or reconstruct educational
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facilities in the municipality]. |
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SECTION 2. Section 311.0085, Tax Code, is amended to read as |
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follows: |
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Sec. 311.0085. DEDICATION OF REVENUE TO SCHOOL DISTRICT FOR |
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EDUCATIONAL FACILITIES [POWER OF CERTAIN MUNICIPALITIES]. (a) |
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[This section applies only to a municipality that has:
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[(1) territory in three counties; and
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[(2) a population of less than 120,000.
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[(b)] In this section, "educational facility" has the |
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meaning assigned by Section 311.008. |
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(b) [(c)] In addition to exercising the powers described by |
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Section 311.008, a municipality may enter into a new agreement, or |
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amend an existing agreement, with a school district that is located |
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in whole or in part in a reinvestment zone created by the |
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municipality to dedicate revenue from the tax increment fund to the |
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school district for acquiring, constructing, or reconstructing an |
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educational facility located in or outside of the zone. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |