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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the board of directors of certain tax |
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increment financing reinvestment zones. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 311.007(b), Tax Code, is amended to read |
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as follows: |
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(b) The governing body of the municipality or county may |
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enlarge an existing reinvestment zone to include an area described |
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in a petition requesting that the area be included in the zone if |
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the petition is submitted to the governing body of the municipality |
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or county by the owners of property constituting at least 50 percent |
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of the appraised value of the property in the area according to the |
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most recent certified appraisal roll for the county in which the |
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area is located. The composition of the board of directors of the |
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zone continues to be governed by Section 311.009(a), (a-1), or (b), |
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whichever applied to the zone immediately before the enlargement of |
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the zone, except that the membership of the board must conform to |
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the requirements of the applicable subsection of Section 311.009 as |
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applied to the zone after its enlargement. The provision of |
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Section 311.006(b) relating to the amount of property used for |
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residential purposes that may be included in the zone does not apply |
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to the enlargement of a zone under this subsection. |
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SECTION 2. Section 311.009, Tax Code, is amended by |
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amending Subsections (a) and (e) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsections (a-1) and |
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[Subsection] (b), the board of directors of a reinvestment zone |
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consists of at least five and not more than 15 members, unless more |
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than 15 members are required to satisfy the requirements of this |
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subsection. Each taxing unit other than the municipality or county |
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that created the zone that levies taxes on real property in the zone |
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may appoint one member of the board. A unit may waive its right to |
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appoint a director. The governing body of the municipality or |
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county that created the zone may appoint not more than 10 directors |
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to the board; except that if there are fewer than five directors |
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appointed by taxing units other than the municipality or county, |
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the governing body of the municipality or county may appoint more |
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than 10 members as long as the total membership of the board does |
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not exceed 15. |
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(a-1) Except as provided by Subsection (b), if the zone is |
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wholly or partly located in a municipality with a population of two |
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million or more, the board of directors of the zone consists of at |
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least five and not more than 17 members, unless more than 17 members |
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are required to satisfy the requirements of this subsection. Each |
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taxing unit other than the municipality or county that created the |
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zone that levies taxes on real property in the zone may appoint one |
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member of the board. A unit may waive its right to appoint a |
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director. The member of the state senate in whose district the zone |
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is located is a member of the board, and the member of the state |
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house of representatives in whose district the zone is located is a |
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member of the board, except that either may designate another |
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individual to serve in the member's place at the pleasure of the |
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member. If the zone is located in more than one senate or house |
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district, this subsection applies only to the senator or |
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representative in whose district a larger portion of the zone is |
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located than any other senate or house district, as applicable. The |
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governing body of the municipality or county that created the zone |
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may appoint not more than 10 directors to the board, except that if |
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there are fewer than five directors appointed by taxing units other |
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than the municipality or county, the governing body of the |
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municipality or county may appoint more than 10 members as long as |
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the total membership of the board does not exceed 17. |
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(e) To be eligible for appointment to the board by the |
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governing body of the municipality or county that created the zone, |
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an individual must: |
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(1) if the board is covered by Subsection (a) or (a-1): |
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(A) be a qualified voter of the municipality or |
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county, as applicable; or |
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(B) be at least 18 years of age and own real |
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property in the zone, whether or not the individual resides in the |
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municipality or county; or |
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(2) if the board is covered by Subsection (b): |
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(A) be at least 18 years of age; and |
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(B) own real property in the zone or be an |
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employee or agent of a person that owns real property in 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, 2011. |