| 1 | 1 | | 81R11156 JAM-D |
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| 2 | 2 | | By: Rodriguez H.B. No. 3983 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain homestead preservation reinvestment zones. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 373A.155(b), Local Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) The county shall pay into the tax increment fund for the |
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| 12 | 12 | | zone an amount equal to the tax increment paid by the municipality |
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| 13 | 13 | | multiplied by a fraction, the numerator of which is the county tax |
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| 14 | 14 | | rate for the year and the denominator of which is the municipal tax |
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| 15 | 15 | | rate for the year [as specified in the order adopted under Section |
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| 16 | 16 | | 373A.1522]. |
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| 17 | 17 | | SECTION 2. Section 373A.1522, Local Government Code, is |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | Sec. 373A.1522. EFFECTIVE DATE OF ZONE. The zone |
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| 20 | 20 | | designated by the ordinance adopted under Section 373A.1521 takes |
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| 21 | 21 | | effect on the date on which the county adopts a final order[: |
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| 22 | 22 | | [(1)] agreeing to the creation of the zone, the zone |
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| 23 | 23 | | boundaries, and the zone termination date specified by the |
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| 24 | 24 | | municipality under Section 373A.1521(1)[; and |
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| 25 | 25 | | [(2) specifying an amount of tax increment to be |
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| 26 | 26 | | deposited by the county into the tax increment fund that is equal to |
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| 27 | 27 | | the amount of the tax increment specified by the municipality under |
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| 28 | 28 | | Section 373A.1521(3)]. |
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| 29 | 29 | | SECTION 3. Subchapter D, Chapter 373A, Local Government |
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| 30 | 30 | | Code, is amended by adding Section 373A.159 to read as follows: |
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| 31 | 31 | | Sec. 373A.159. COMPOSITION OF BOARD OF DIRECTORS OF |
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| 32 | 32 | | HOMESTEAD PRESERVATION REINVESTMENT ZONES. (a) Notwithstanding |
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| 33 | 33 | | Chapter 311, Tax Code, the board of directors of a homestead |
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| 34 | 34 | | preservation reinvestment zone consists of at least 5 and not more |
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| 35 | 35 | | than 15 members, unless more than 15 members are required to satisfy |
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| 36 | 36 | | the requirements of this section. |
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| 37 | 37 | | (b) The municipality and county that approve the payment of |
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| 38 | 38 | | all or part of the tax increment into the tax increment fund each |
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| 39 | 39 | | may appoint a number of members to the board in proportion to the |
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| 40 | 40 | | taxing unit's pro rata share of the total anticipated tax increment |
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| 41 | 41 | | to be deposited into the tax increment fund during the term of the |
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| 42 | 42 | | zone. In determining the number of members the municipality or |
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| 43 | 43 | | county may appoint to the board, the municipality's or county's |
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| 44 | 44 | | percentage of anticipated pro rata contributions to the tax |
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| 45 | 45 | | increment fund is multiplied by the number of members of the board, |
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| 46 | 46 | | and a number containing a fraction that is one-half or greater shall |
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| 47 | 47 | | be rounded up to the next whole number. The municipality that |
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| 48 | 48 | | designated the zone is entitled to appoint at least as many members |
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| 49 | 49 | | of the board as the county. |
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| 50 | 50 | | (c) Notwithstanding Subsection (b), the ordinance |
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| 51 | 51 | | establishing the reinvestment zone may authorize any other taxing |
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| 52 | 52 | | unit the territory of which wholly or partly includes the |
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| 53 | 53 | | reinvestment zone to appoint one member of the board, in addition to |
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| 54 | 54 | | the members appointed under Subsection (b). |
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| 55 | 55 | | (d) Members of the board are appointed for terms of two |
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| 56 | 56 | | years unless longer terms are provided under Section 11, Article |
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| 57 | 57 | | XI, Texas Constitution. Terms of members may be staggered. |
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| 58 | 58 | | (e) A vacancy on the board is filled for the unexpired term |
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| 59 | 59 | | by appointment of the governing body of the taxing unit that |
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| 60 | 60 | | appointed the director who served in the vacant position. |
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| 61 | 61 | | (f) To be eligible for appointment to the board, an |
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| 62 | 62 | | individual must: |
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| 63 | 63 | | (1) be a qualified voter of the municipality; or |
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| 64 | 64 | | (2) be at least 18 years of age and own real property |
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| 65 | 65 | | in the zone or be an employee or agent of a person that owns real |
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| 66 | 66 | | property in the zone. |
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| 67 | 67 | | (g) Each year the board of directors of a reinvestment zone |
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| 68 | 68 | | shall elect one of its members to serve as presiding officer for a |
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| 69 | 69 | | term of one year. The board of directors may elect an assistant |
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| 70 | 70 | | presiding officer to preside in the absence of the presiding |
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| 71 | 71 | | officer or when there is a vacancy in the office of presiding |
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| 72 | 72 | | officer. The board may elect other officers as it considers |
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| 73 | 73 | | appropriate. |
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| 74 | 74 | | (h) A member of the board of directors of a homestead |
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| 75 | 75 | | preservation reinvestment zone: |
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| 76 | 76 | | (1) is not a public official by virtue of that |
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| 77 | 77 | | position; and |
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| 78 | 78 | | (2) unless otherwise ineligible, may be appointed to |
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| 79 | 79 | | serve concurrently on the board of directors of a local government |
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| 80 | 80 | | corporation created under Subchapter D, Chapter 431, |
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| 81 | 81 | | Transportation Code. |
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| 82 | 82 | | SECTION 4. This Act takes effect September 1, 2009. |
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