1 | 1 | | 81R2517 JD-D |
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2 | 2 | | By: Nichols S.B. No. 1671 |
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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 the permissible uses of money in an ad valorem tax |
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8 | 8 | | increment account for a transportation reinvestment zone |
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9 | 9 | | established by a municipality. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Sections 222.106(c), (g), (i), and (j), |
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12 | 12 | | Transportation Code, are amended to read as follows: |
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13 | 13 | | (c) If the governing body determines an area to be |
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14 | 14 | | unproductive and underdeveloped and that action under this section |
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15 | 15 | | will further the purposes stated in Section 222.105, the governing |
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16 | 16 | | body of the municipality by ordinance may designate a contiguous |
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17 | 17 | | geographic area in the jurisdiction of the municipality to be a |
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18 | 18 | | transportation reinvestment zone to promote a transportation |
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19 | 19 | | project, including a transportation project that is the subject of |
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20 | 20 | | an agreement under [described by] Section 222.104, that cultivates |
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21 | 21 | | development or redevelopment of the area. |
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22 | 22 | | (g) The ordinance designating an area as a transportation |
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23 | 23 | | reinvestment zone must: |
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24 | 24 | | (1) describe the boundaries of the zone with |
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25 | 25 | | sufficient definiteness to identify with ordinary and reasonable |
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26 | 26 | | certainty the territory included in the zone; |
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27 | 27 | | (2) provide that the zone takes effect immediately on |
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28 | 28 | | passage of the ordinance; |
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29 | 29 | | (3) assign a name to the zone for identification, with |
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30 | 30 | | the first zone designated by a municipality designated as |
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31 | 31 | | "Transportation Reinvestment Zone Number One, (City or Town, as |
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32 | 32 | | applicable) of (name of municipality)," and subsequently |
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33 | 33 | | designated zones assigned names in the same form, numbered |
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34 | 34 | | consecutively in the order of their designation; |
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35 | 35 | | (4) establish an ad valorem tax increment account for |
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36 | 36 | | the zone; [and] |
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37 | 37 | | (5) contain findings that promotion of the |
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38 | 38 | | transportation project will cultivate development or redevelopment |
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39 | 39 | | of the zone; and |
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40 | 40 | | (6) provide a termination date for a zone that does not |
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41 | 41 | | involve a transportation project that is the subject of an |
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42 | 42 | | agreement under Section 222.104. |
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43 | 43 | | (i) Money deposited to a tax increment account must be used |
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44 | 44 | | to fund: |
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45 | 45 | | (1) projects authorized under Section 222.104, |
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46 | 46 | | including the repayment of amounts owed under an agreement entered |
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47 | 47 | | into under that section; or |
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48 | 48 | | (2) other transportation projects of the municipality |
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49 | 49 | | that are located in the transportation reinvestment zone for which |
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50 | 50 | | the tax increment account was established. |
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51 | 51 | | (j) Except as provided by Subsection (k), a transportation |
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52 | 52 | | reinvestment zone: |
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53 | 53 | | (1) that involves a transportation project that is the |
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54 | 54 | | subject of an agreement under Section 222.104 terminates on |
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55 | 55 | | December 31 of the year in which the municipality complies with a |
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56 | 56 | | contractual requirement, if any, that included the pledge of money |
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57 | 57 | | deposited to a tax increment account or the repayment of money owed |
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58 | 58 | | under the agreement under Section 222.104 in connection with which |
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59 | 59 | | the zone was designated; or |
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60 | 60 | | (2) that does not involve a transportation project |
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61 | 61 | | that is the subject of an agreement under Section 222.104 |
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62 | 62 | | terminates on the date provided under Subsection (g)(6). |
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63 | 63 | | SECTION 2. Section 222.106(b), Transportation Code, is |
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64 | 64 | | repealed. |
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65 | 65 | | SECTION 3. This Act takes effect immediately if it receives |
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66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 69 | | Act takes effect September 1, 2009. |
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