82R10714 ALL-D
By: Gallegos S.B. No. 1674
A BILL TO BE ENTITLED
AN ACT
relating to the composition of the board of directors of certain tax
increment financing reinvestment zones.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 311.007(b), Tax Code, is amended to read
as follows:
(b) The governing body of the municipality or county may
enlarge an existing reinvestment zone to include an area described
in a petition requesting that the area be included in the zone if
the petition is submitted to the governing body of the municipality
or county by the owners of property constituting at least 50 percent
of the appraised value of the property in the area according to the
most recent certified appraisal roll for the county in which the
area is located. The composition of the board of directors of the
zone continues to be governed by Section 311.009(a), (a-1), or (b),
whichever applied to the zone immediately before the enlargement of
the zone, except that the membership of the board must conform to
the requirements of the applicable subsection of Section 311.009 as
applied to the zone after its enlargement. The provision of
Section 311.006(b) relating to the amount of property used for
residential purposes that may be included in the zone does not apply
to the enlargement of a zone under this subsection.
SECTION 2. Section 311.009, Tax Code, is amended by
amending Subsections (a) and (e) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsections (a-1) and
[Subsection] (b), the board of directors of a reinvestment zone
consists of at least five and not more than 15 members, unless more
than 15 members are required to satisfy the requirements of this
subsection. Each taxing unit other than the municipality or county
that created the zone that levies taxes on real property in the zone
may appoint one member of the board. A unit may waive its right to
appoint a director. The governing body of the municipality or
county that created the zone may appoint not more than 10 directors
to the board; except that if there are fewer than five directors
appointed by taxing units other than the municipality or county,
the governing body of the municipality or county may appoint more
than 10 members as long as the total membership of the board does
not exceed 15.
(a-1) Except as provided by Subsection (b), if the zone is
wholly or partly located in a municipality with a population of two
million or more, the board of directors of the zone consists of at
least five and not more than 17 members, unless more than 17 members
are required to satisfy the requirements of this subsection. Each
taxing unit other than the municipality or county that created the
zone that levies taxes on real property in the zone may appoint one
member of the board. A unit may waive its right to appoint a
director. The member of the state senate in whose district the zone
is located is a member of the board, and the member of the state
house of representatives in whose district the zone is located is a
member of the board, except that either may designate another
individual to serve in the member's place at the pleasure of the
member. If the zone is located in more than one senate or house
district, this subsection applies only to the senator or
representative in whose district a larger portion of the zone is
located than any other senate or house district, as applicable. The
governing body of the municipality or county that created the zone
may appoint not more than 10 directors to the board, except that if
there are fewer than five directors appointed by taxing units other
than the municipality or county, the governing body of the
municipality or county may appoint more than 10 members as long as
the total membership of the board does not exceed 17.
(e) To be eligible for appointment to the board by the
governing body of the municipality or county that created the zone,
an individual must:
(1) if the board is covered by Subsection (a) or (a-1):
(A) be a qualified voter of the municipality or
county, as applicable; or
(B) be at least 18 years of age and own real
property in the zone, whether or not the individual resides in the
municipality or county; or
(2) if the board is covered by Subsection (b):
(A) be at least 18 years of age; and
(B) own real property in the zone or be an
employee or agent of a person that owns real property in 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, 2011.