82R32281 ALL-D
By: Ellis S.R. No. 1247
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 82nd
Legislature, Regular Session, 2011, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Bill 3275 (the operation and governance of tax increment financing
reinvestment zones, the creation of renewable energy reinvestment
zones, and the governance of certain special districts) to consider
and take action on the following matter:
Senate Rule 12.03(4) is suspended to permit the committee to
add text on a matter which is not included in either the house or
senate version of the bill by adding the following sections to the
bill:
SECTION 1. Sections 311.006(a) and (b), Tax Code, are
amended to read as follows:
(a) A municipality may not designate [create] a
reinvestment zone if:
(1) more than 30 [10] percent of the property in the
proposed zone, excluding property that is publicly owned, is used
for residential purposes; or
(2) the total appraised value of taxable real property
in the proposed zone and in existing reinvestment zones exceeds:
(A) 25 [20] percent of the total appraised value
of taxable real property in the municipality and in the industrial
districts created by the municipality, if the municipality has a
population of 100,000 or more [is the county seat of a county:
[(i) that is adjacent to a county with a
population of 3.3 million or more; and
[(ii) in which a planned community is
located that has 20,000 or more acres of land, that was originally
established under the Urban Growth and New Community Development
Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to
restrictive covenants containing ad valorem or annual variable
budget-based assessments on real property]; or
(B) 50 [15] percent of the total appraised value
of taxable real property in the municipality and in the industrial
districts created by the municipality, if [Paragraph (A) does not
apply to] the municipality has a population of less than 100,000.
(b) A municipality may not change the boundaries of an
existing reinvestment zone to include property in excess of the
restrictions on composition of a zone described by Subsection (a)
[more than 10 percent of which, excluding property dedicated to
public use, is used for residential purposes or to include more than
15 percent of the total appraised value of taxable real property in
the municipality and in the industrial districts created by the
municipality].
SECTION 8. Section 3815.051(a), Special District Local Laws
Code, is amended to read as follows:
(a) The district is governed by a board of 17 [21] directors
who serve staggered terms of four years, with eight [10] directors'
terms expiring June 1 of an odd-numbered year and nine [11]
directors' terms expiring June 1 of the following odd-numbered
year.
SECTION 9. Subchapter B, Chapter 3815, Special District
Local Laws Code, is amended by adding Section 3815.055 to read as
follows:
Sec. 3815.055. INTERIM DIRECTORS. (a) The board serving on
September 1, 2011, is abolished and is replaced by an interim board
consisting of the following directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Alan D. Bergeron 1 Alan D. Bergeron
1 Alan D. Bergeron
2 Sharone Mayberry 2 Sharone Mayberry
2 Sharone Mayberry
3 James Donatto Sr. 3 James Donatto Sr.
3 James Donatto Sr.
4 Hexser J. Holliday II 4 Hexser J. Holliday II
4 Hexser J. Holliday II
5 Osama Abdullatif 5 Osama Abdullatif
5 Osama Abdullatif
6 Skye Thompson 6 Skye Thompson
6 Skye Thompson
7 Asmara Tekle Johnson 7 Asmara Tekle Johnson
7 Asmara Tekle Johnson
8 Jaa St. Julien 8 Jaa St. Julien
8 Jaa St. Julien
9 Jimmy Arnold 9 Jimmy Arnold
9 Jimmy Arnold
10 Cyeoni Miles 10 Cyeoni Miles
10 Cyeoni Miles
11 Zinetta A. Burney 11 Zinetta A. Burney
11 Zinetta A. Burney
12 Chris Hageney 12 Chris Hageney
12 Chris Hageney
13 Teddy A. McDavid 13 Teddy A. McDavid
13 Teddy A. McDavid
14 Brian G. Smith 14 Brian G. Smith
14 Brian G. Smith
15 Robert S. Muhammad 15 Robert S. Muhammad
15 Robert S. Muhammad
16 Robert C. Combre 16 Robert C. Combre
16 Robert C. Combre
17 Janice M. Sibley-Reid 17 Janice M. Sibley-Reid
17 Janice M. Sibley-Reid
(b) The terms of the interim directors expire June 1, 2015.
(c) The mayor and the members of the governing body of the
City of Houston shall appoint successor directors not later than
June 1, 2015, and shall stagger the terms of the directors, with
eight of the directors' terms expiring June 1, 2017, and the
remaining directors' terms expiring June 1, 2019.
(d) This section expires September 1, 2015.
SECTION 10. Notwithstanding H.B. No. 2853, Acts of the 82nd
Legislature, Regular Session, 2011, Section 311.011(h), Tax Code,
as added by that Act, does not take effect. This section prevails
over H.B. No. 2853, Acts of the 82nd Legislature, Regular Session,
2011, or any other conflicting Act of the 82nd Legislature, Regular
Session, 2011, regardless of the relative dates of enactment.
Explanation: The changes are necessary to allow a
municipality to designate a tax increment financing reinvestment
zone that encompasses additional area or change the boundaries of
an existing zone to encompass additional area; to modify the
composition of the board of directors of a particular special
district and provide for the appointment and terms of directors of
that district; and to provide that Section 311.011(h), Tax Code, as
added by H.B. No. 2853, Acts of the 82nd Legislature, Regular
Session, 2011, which relates to considering as estimates the
amounts contained in the project plan or reinvestment zone
financing plan for a tax increment financing reinvestment zone,
does not take effect.
Pos. No. Name of Director
1 Alan D. Bergeron
2 Sharone Mayberry
3 James Donatto Sr.
4 Hexser J. Holliday II
5 Osama Abdullatif
6 Skye Thompson
7 Asmara Tekle Johnson
8 Jaa St. Julien
9 Jimmy Arnold
10 Cyeoni Miles
11 Zinetta A. Burney
12 Chris Hageney
13 Teddy A. McDavid
14 Brian G. Smith
15 Robert S. Muhammad
16 Robert C. Combre
17 Janice M. Sibley-Reid