Texas 2009 - 81st Regular

Texas Senate Bill SB1671 Compare Versions

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11 81R2517 JD-D
22 By: Nichols S.B. No. 1671
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the permissible uses of money in an ad valorem tax
88 increment account for a transportation reinvestment zone
99 established by a municipality.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Sections 222.106(c), (g), (i), and (j),
1212 Transportation Code, are amended to read as follows:
1313 (c) If the governing body determines an area to be
1414 unproductive and underdeveloped and that action under this section
1515 will further the purposes stated in Section 222.105, the governing
1616 body of the municipality by ordinance may designate a contiguous
1717 geographic area in the jurisdiction of the municipality to be a
1818 transportation reinvestment zone to promote a transportation
1919 project, including a transportation project that is the subject of
2020 an agreement under [described by] Section 222.104, that cultivates
2121 development or redevelopment of the area.
2222 (g) The ordinance designating an area as a transportation
2323 reinvestment zone must:
2424 (1) describe the boundaries of the zone with
2525 sufficient definiteness to identify with ordinary and reasonable
2626 certainty the territory included in the zone;
2727 (2) provide that the zone takes effect immediately on
2828 passage of the ordinance;
2929 (3) assign a name to the zone for identification, with
3030 the first zone designated by a municipality designated as
3131 "Transportation Reinvestment Zone Number One, (City or Town, as
3232 applicable) of (name of municipality)," and subsequently
3333 designated zones assigned names in the same form, numbered
3434 consecutively in the order of their designation;
3535 (4) establish an ad valorem tax increment account for
3636 the zone; [and]
3737 (5) contain findings that promotion of the
3838 transportation project will cultivate development or redevelopment
3939 of the zone; and
4040 (6) provide a termination date for a zone that does not
4141 involve a transportation project that is the subject of an
4242 agreement under Section 222.104.
4343 (i) Money deposited to a tax increment account must be used
4444 to fund:
4545 (1) projects authorized under Section 222.104,
4646 including the repayment of amounts owed under an agreement entered
4747 into under that section; or
4848 (2) other transportation projects of the municipality
4949 that are located in the transportation reinvestment zone for which
5050 the tax increment account was established.
5151 (j) Except as provided by Subsection (k), a transportation
5252 reinvestment zone:
5353 (1) that involves a transportation project that is the
5454 subject of an agreement under Section 222.104 terminates on
5555 December 31 of the year in which the municipality complies with a
5656 contractual requirement, if any, that included the pledge of money
5757 deposited to a tax increment account or the repayment of money owed
5858 under the agreement under Section 222.104 in connection with which
5959 the zone was designated; or
6060 (2) that does not involve a transportation project
6161 that is the subject of an agreement under Section 222.104
6262 terminates on the date provided under Subsection (g)(6).
6363 SECTION 2. Section 222.106(b), Transportation Code, is
6464 repealed.
6565 SECTION 3. This Act takes effect immediately if it receives
6666 a vote of two-thirds of all the members elected to each house, as
6767 provided by Section 39, Article III, Texas Constitution. If this
6868 Act does not receive the vote necessary for immediate effect, this
6969 Act takes effect September 1, 2009.