81R1213 SMH-D
By: Martinez H.B. No. 88
A BILL TO BE ENTITLED
AN ACT
relating to the use of revenue from a tax increment fund to acquire,
construct, or reconstruct educational facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 311.008(b), Tax Code, is amended to read
as follows:
(b) A municipality or county may exercise any power
necessary and convenient to carry out this chapter, including the
power to:
(1) cause project plans to be prepared, approve and
implement the plans, and otherwise achieve the purposes of the
plan;
(2) acquire real property by purchase, condemnation,
or other means to implement project plans and sell that property on
the terms and conditions and in the manner it considers advisable;
(3) enter into agreements, including agreements with
bondholders, determined by the governing body of the municipality
or county to be necessary or convenient to implement project plans
and achieve their purposes, which agreements may include
conditions, restrictions, or covenants that run with the land or
that by other means regulate or restrict the use of land; and
(4) consistent with the project plan for the zone:
(A) acquire blighted, deteriorated,
deteriorating, undeveloped, or inappropriately developed real
property or other property in a blighted area or in a federally
assisted new community in the zone for the preservation or
restoration of historic sites, beautification or conservation, the
provision of public works or public facilities, or other public
purposes; or
(B) acquire, construct, reconstruct, or install
public works, facilities, or sites or other public improvements,
including utilities, streets, street lights, water and sewer
facilities, pedestrian malls and walkways, parks, flood and
drainage facilities, educational facilities, or parking
facilities[, but not including educational facilities; or
[(C) in a reinvestment zone created on or before
September 1, 1999, acquire, construct, or reconstruct educational
facilities in the municipality].
SECTION 2. Section 311.0085, Tax Code, is amended to read as
follows:
Sec. 311.0085. DEDICATION OF REVENUE TO SCHOOL DISTRICT FOR
EDUCATIONAL FACILITIES [POWER OF CERTAIN MUNICIPALITIES]. (a)
[This section applies only to a municipality that has:
[(1) territory in three counties; and
[(2) a population of less than 120,000.
[(b)] In this section, "educational facility" has the
meaning assigned by Section 311.008.
(b) [(c)] In addition to exercising the powers described by
Section 311.008, a municipality may enter into a new agreement, or
amend an existing agreement, with a school district that is located
in whole or in part in a reinvestment zone created by the
municipality to dedicate revenue from the tax increment fund to the
school district for acquiring, constructing, or reconstructing an
educational facility located in or outside of the zone.
SECTION 3. 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, 2009.