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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 3275 (the operation and |
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governance of tax increment financing reinvestment zones, the |
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creation of renewable energy reinvestment zones, and the governance |
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of certain special districts) to consider and take action on the |
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following matter: |
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House Rule 13, Section 9(a)(4), is suspended to permit the |
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committee to add text on a matter which is not included in either |
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the house or senate version of the bill by adding the following |
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sections to the bill: |
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SECTION 1. Sections 311.006(a) and (b), Tax Code, are |
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amended to read as follows: |
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(a) A municipality may not designate [create] a |
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reinvestment zone if: |
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(1) more than 30 [10] percent of the property in the |
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proposed zone, excluding property that is publicly owned, is used |
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for residential purposes; or |
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(2) the total appraised value of taxable real property |
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in the proposed zone and in existing reinvestment zones exceeds: |
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(A) 25 [20] percent of the total appraised value |
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of taxable real property in the municipality and in the industrial |
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districts created by the municipality, if the municipality has a |
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population of 100,000 or more [is the county seat of a county:
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[(i)
that is adjacent to a county with a
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population of 3.3 million or more; and
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[(ii)
in which a planned community is
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located that has 20,000 or more acres of land, that was originally
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established under the Urban Growth and New Community Development
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Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to
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restrictive covenants containing ad valorem or annual variable
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budget-based assessments on real property]; or |
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(B) 50 [15] percent of the total appraised value |
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of taxable real property in the municipality and in the industrial |
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districts created by the municipality, if [Paragraph (A) does not
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apply to] the municipality has a population of less than 100,000. |
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(b) A municipality may not change the boundaries of an |
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existing reinvestment zone to include property in excess of the |
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restrictions on composition of a zone described by Subsection (a) |
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[more than 10 percent of which, excluding property dedicated to
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public use, is used for residential purposes or to include more than
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15 percent of the total appraised value of taxable real property in
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the municipality and in the industrial districts created by the
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municipality]. |
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SECTION 8. Section 3815.051(a), Special District Local Laws |
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Code, is amended to read as follows: |
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(a) The district is governed by a board of 17 [21] directors |
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who serve staggered terms of four years, with eight [10] directors' |
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terms expiring June 1 of an odd-numbered year and nine [11] |
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directors' terms expiring June 1 of the following odd-numbered |
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year. |
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SECTION 9. Subchapter B, Chapter 3815, Special District |
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Local Laws Code, is amended by adding Section 3815.055 to read as |
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follows: |
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Sec. 3815.055. INTERIM DIRECTORS. (a) The board serving on |
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September 1, 2011, is abolished and is replaced by an interim board |
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consisting of the following directors: |
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Pos. No. |
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Name of Director |
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(b) The terms of the interim directors expire June 1, 2015. |
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(c) The mayor and the members of the governing body of the |
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City of Houston shall appoint successor directors not later than |
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June 1, 2015, and shall stagger the terms of the directors, with |
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eight of the directors' terms expiring June 1, 2017, and the |
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remaining directors' terms expiring June 1, 2019. |
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(d) This section expires September 1, 2015. |
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SECTION 10. Notwithstanding H.B. No. 2853, Acts of the 82nd |
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Legislature, Regular Session, 2011, Section 311.011(h), Tax Code, |
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as added by that Act, does not take effect. This section prevails |
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over H.B. No. 2853, Acts of the 82nd Legislature, Regular Session, |
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2011, or any other conflicting Act of the 82nd Legislature, Regular |
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Session, 2011, regardless of the relative dates of enactment. |
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Explanation: The changes are necessary to allow a |
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municipality to designate a tax increment financing reinvestment |
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zone that encompasses additional area or change the boundaries of |
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an existing zone to encompass additional area; to modify the |
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composition of the board of directors of a particular special |
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district and provide for the appointment and terms of directors of |
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that district; and to provide that Section 311.011(h), Tax Code, as |
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added by H.B. No. 2853, Acts of the 82nd Legislature, Regular |
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Session, 2011, which relates to considering as estimates the |
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amounts contained in the project plan or reinvestment zone |
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financing plan for a tax increment financing reinvestment zone, |
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does not take effect. |