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  81R8976 SMH-D
 
  By: Nichols S.B. No. 1633
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain restrictions on the composition of a tax
  increment financing reinvestment zone.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 311.006(a), Tax Code, is amended to read
  as follows:
         (a)  A municipality may not create a reinvestment zone if:
               (1)  more than 10 percent of the property in the
  proposed zone, excluding property that is publicly owned, is used
  for residential purposes; or
               (2)  the total appraised value of taxable real property
  in the proposed zone and in existing reinvestment zones exceeds:
                     (A)  20 percent of the total appraised value of
  taxable real property in the municipality and in the industrial
  districts created by the municipality, if the municipality is the
  county seat of a county:
                           (i)  that is adjacent to a county with a
  population of 3.3 million or more; and
                           (ii)  in which a planned community is
  located that has 20,000 or more acres of land, that was originally
  established under the Urban Growth and New Community Development
  Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to
  restrictive covenants containing ad valorem or annual variable
  budget-based assessments on real property; or
                     (B)  15 percent of the total appraised value of
  taxable real property in the municipality and in the industrial
  districts created by the municipality, if Paragraph (A) does not
  apply to the municipality.
         SECTION 2.  The changes in law made by this Act apply only to
  a reinvestment zone created on or after the effective date of this
  Act. The creation of a reinvestment zone before the effective date
  of this Act is covered by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.