83R20187 CLG-D

By: Stephenson, Reynolds, et al. H.B. No. 2181

Substitute the following for H.B. No. 2181:

By: J. Davis of Harris C.S.H.B. No. 2181

A BILL TO BE ENTITLED

AN ACT

relating to authorizing development corporations to finance projects to support primary job training facilities and programs at certain educational institutions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 501, Local Government Code, is amended by adding Section 501.1021 to read as follows:

Sec. 501.1021. PROJECTS RELATING TO SUPPORTING PRIMARY JOB TRAINING FACILITIES AND PROGRAMS AT CERTAIN EDUCATIONAL INSTITUTIONS. (a) In this section:

(1) "Authorizing municipality" means the municipality that authorizes the creation of a corporation under this subtitle.

(2) "Public junior college" and "public technical institute" have the meanings assigned by Section 61.003, Education Code.

(b) In this subtitle, "project" includes expenditures to support primary job training facilities or programs, including expenditures for training equipment, at:

(1) a public junior college, public technical institute, or high school located in the authorizing municipality of a corporation; and

(2) a public junior college the service area of which includes any portion of the authorizing municipality of a corporation.

(c) A corporation may enter into an agreement with one or more educational institutions with respect to a project under this section that is financed wholly or partly under this subtitle.

SECTION 2. Subchapter D, Chapter 504, Local Government Code, is amended by adding Section 504.172 to read as follows:

Sec. 504.172. AUTHORITY TO UNDERTAKE PROJECTS TO SUPPORT PRIMARY JOB TRAINING FACILITIES AND PROGRAMS AT CERTAIN EDUCATIONAL INSTITUTIONS. (a) Notwithstanding any other provision of this subtitle, a Type A corporation may not use proceeds from the sales and use tax or other corporate revenues to undertake the category of projects described by Section 501.1021 unless the use of tax proceeds or other corporate revenues for that purpose is authorized as provided by this section.

(b) The governing body of a Type A corporation's authorizing municipality by resolution may authorize the corporation to undertake and finance the category of projects described by Section 501.1021 as provided by Subsection (a). The resolution must be passed by majority vote of all members of the municipality's governing body and entered in its minutes.

(c) On receipt of a petition signed by a number of registered voters of the municipality equal to at least 10 percent of the number of voters participating in the last general election held in the municipality requesting an election to use the sales and use tax proceeds and other corporate revenues for the category of projects described by Section 501.1021, the governing body of a Type A corporation's authorizing municipality shall order an election on the issue.

(d) The governing body of the municipality shall order an election required under Subsection (c) to be held on the first authorized uniform election date prescribed by Chapter 41, Election Code, that occurs after the date the petition is filed and that allows sufficient time to comply with other requirements of law.

(e) The ballot in an election under this section shall be printed to provide for voting for or against the proposition: "Adopting the use of Type A corporation funds for projects supporting primary job training facilities and programs at educational institutions in the City of ________."

(f) If a majority of the voters voting on the issue do not approve the use of sales and use tax proceeds and other corporate revenues for the category of projects described by Section 501.1021 at an election under this section, another election concerning the use of tax proceeds and revenues for the same category of projects may not be held before the second anniversary of the date of the most recent election disapproving the use of tax proceeds and revenues for that category of projects.

SECTION 3. The heading to Subchapter D, Chapter 505, Local Government Code, is amended to read as follows:

SUBCHAPTER D. AUTHORIZATION FOR ADDITIONAL [AUTHORIZED] PROJECTS

SECTION 4. Subchapter D, Chapter 505, Local Government Code, is amended by adding Section 505.162 to read as follows:

Sec. 505.162. AUTHORITY TO UNDERTAKE PROJECTS TO SUPPORT PRIMARY JOB TRAINING FACILITIES AND PROGRAMS AT CERTAIN EDUCATIONAL INSTITUTIONS. (a) Notwithstanding any other provision of this subtitle, a Type B corporation may not use proceeds from the sales and use tax or other corporate revenues to undertake the category of projects described by Section 501.1021 unless the use of tax proceeds or other corporate revenues for that purpose is authorized as provided by this section.

(b) The governing body of a Type B corporation's authorizing municipality by resolution may authorize the corporation to undertake and finance the category of projects described by Section 501.1021 as provided by Subsection (a). The resolution must be passed by majority vote of all members of the municipality's governing body and entered in its minutes.

(c) On receipt of a petition signed by a number of registered voters of the municipality equal to at least 10 percent of the number of voters participating in the last general election held in the municipality requesting an election to use the sales and use tax proceeds and other corporate revenues for the category of projects described by Section 501.1021, the governing body of a Type B corporation's authorizing municipality shall order an election on the issue.

(d) The governing body of the municipality shall order an election required under Subsection (c) to be held on the first authorized uniform election date prescribed by Chapter 41, Election Code, that occurs after the date the petition is filed and that allows sufficient time to comply with other requirements of law.

(e) The ballot in an election under this section shall be printed to provide for voting for or against the proposition: "Adopting the use of Type B corporation funds for projects supporting primary job training facilities and programs at educational institutions in the City of ________."

(f) If a majority of the voters voting on the issue do not approve the use of sales and use tax proceeds and other corporate revenues for the category of projects described by Section 501.1021 at an election under this section, another election concerning the use of tax proceeds and revenues for the same category of projects may not be held before the second anniversary of the date of the most recent election disapproving the use of tax proceeds and revenues for that category of projects.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.