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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of money in a tax increment fund to pay costs |
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related to public improvements used for social services programs |
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that promote the development or redevelopment of a reinvestment |
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zone. |
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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; |
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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, or parking facilities, but not including |
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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; or |
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(D) in a reinvestment zone created in a county |
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that has a population of less than 1.5 million but in which a |
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municipality is primarily located that has a population of at least |
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775,000, acquire, construct, reconstruct, or install public |
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improvements used for social services programs that promote the |
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development or redevelopment of the zone, including improvements |
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related to programs designed to: |
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(i) provide a social safety net through the |
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provision of basic necessities such as food, clothing, shelter, |
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health care, and mental health care and the protection of |
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constitutionally guaranteed legal rights; |
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(ii) help disadvantaged people make the |
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transition out of poverty by ensuring the availability of |
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educational, employment, and other opportunities for furthering |
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self-reliance; |
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(iii) prevent problematic conditions at the |
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individual and community level through education, preventive |
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physical and mental health programs, crime prevention programs, and |
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other preventive programs; |
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(iv) provide family and societal support |
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services, including education, child care, counseling and |
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assistance for the aging, youth, the homeless, and the unemployed, |
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rehabilitation services, and other support services; and |
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(v) encourage personal development and |
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community enrichment through cultural and educational programs. |
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SECTION 2. Section 311.010, Tax Code, is amended by adding |
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Subsections (b-1) and (b-2) to read as follows: |
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(b-1) An agreement under Subsection (b) relating to a |
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reinvestment zone described by Section 311.008(b)(4)(D) may: |
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(1) during the term of the agreement dedicate, pledge, |
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or otherwise provide for the use of revenue in the tax increment |
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fund to pay project costs relating to the cost of public |
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improvements described by that paragraph; or |
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(2) dedicate revenue from the tax increment fund to |
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pay the costs of operating or administering programs described by |
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that paragraph. |
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(b-2) A municipality or county may not use revenue from a |
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tax increment fund dedicated, pledged, or otherwise provided for a |
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purpose described by Subsection (b-1) to replace revenue the |
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municipality or county would otherwise have spent from other |
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sources for that purpose. |
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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, 2011. |