Texas 2009 - 81st Regular

Texas House Bill HB88 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1213 SMH-D
2	2	By: Martinez H.B. No. 88
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of revenue from a tax increment fund to acquire,
8	8	construct, or reconstruct educational facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 311.008(b), Tax Code, is amended to read
11	11	as follows:
12	12	(b) A municipality or county may exercise any power
13	13	necessary and convenient to carry out this chapter, including the
14	14	power to:
15	15	(1) cause project plans to be prepared, approve and
16	16	implement the plans, and otherwise achieve the purposes of the
17	17	plan;
18	18	(2) acquire real property by purchase, condemnation,
19	19	or other means to implement project plans and sell that property on
20	20	the terms and conditions and in the manner it considers advisable;
21	21	(3) enter into agreements, including agreements with
22	22	bondholders, determined by the governing body of the municipality
23	23	or county to be necessary or convenient to implement project plans
24	24	and achieve their purposes, which agreements may include
25	25	conditions, restrictions, or covenants that run with the land or
26	26	that by other means regulate or restrict the use of land; and
27	27	(4) consistent with the project plan for the zone:
28	28	(A) acquire blighted, deteriorated,
29	29	deteriorating, undeveloped, or inappropriately developed real
30	30	property or other property in a blighted area or in a federally
31	31	assisted new community in the zone for the preservation or
32	32	restoration of historic sites, beautification or conservation, the
33	33	provision of public works or public facilities, or other public
34	34	purposes; or
35	35	(B) acquire, construct, reconstruct, or install
36	36	public works, facilities, or sites or other public improvements,
37	37	including utilities, streets, street lights, water and sewer
38	38	facilities, pedestrian malls and walkways, parks, flood and
39	39	drainage facilities, educational facilities, or parking
40	40	facilities[, but not including educational facilities; or
41	41	[(C) in a reinvestment zone created on or before
42	42	September 1, 1999, acquire, construct, or reconstruct educational
43	43	facilities in the municipality].
44	44	SECTION 2. Section 311.0085, Tax Code, is amended to read as
45	45	follows:
46	46	Sec. 311.0085. DEDICATION OF REVENUE TO SCHOOL DISTRICT FOR
47	47	EDUCATIONAL FACILITIES [POWER OF CERTAIN MUNICIPALITIES]. (a)
48	48	[This section applies only to a municipality that has:
49	49	[(1) territory in three counties; and
50	50	[(2) a population of less than 120,000.
51	51	[(b)] In this section, "educational facility" has the
52	52	meaning assigned by Section 311.008.
53	53	(b) [(c)] In addition to exercising the powers described by
54	54	Section 311.008, a municipality may enter into a new agreement, or
55	55	amend an existing agreement, with a school district that is located
56	56	in whole or in part in a reinvestment zone created by the
57	57	municipality to dedicate revenue from the tax increment fund to the
58	58	school district for acquiring, constructing, or reconstructing an
59	59	educational facility located in or outside of the zone.
60	60	SECTION 3. This Act takes effect immediately if it receives
61	61	a vote of two-thirds of all the members elected to each house, as
62	62	provided by Section 39, Article III, Texas Constitution. If this
63	63	Act does not receive the vote necessary for immediate effect, this
64	64	Act takes effect September 1, 2009.