Texas 2013 - 83rd Regular

Texas House Bill HB1935 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R20065 CLG-D
2	2	By: Schaefer, Capriglione, Lucio III H.B. No. 1935
3	3	Substitute the following for H.B. No. 1935:
4	4	By: Bell C.S.H.B. No. 1935
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorizing certain general infrastructure projects to
10	10	be undertaken by economic development corporations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 501.004(a), Local Government Code, is
13	13	amended to read as follows:
14	14	(a) The legislature finds that:
15	15	(1) the present and prospective right to gainful
16	16	employment and the general welfare of the people of this state
17	17	require as a public purpose the promotion and development of new and
18	18	expanded business enterprises and of job training;
19	19	(2) the existence, development, and expansion of
20	20	business, commerce, industry, higher education, and job training
21	21	are essential to the economic growth of this state and to the full
22	22	employment, welfare, and prosperity of residents of this state;
23	23	(3) the assistance provided by corporations in
24	24	promoting higher education opportunities encourages and fosters
25	25	the development and diversification of the economy of this state
26	26	and the elimination of unemployment and underemployment in this
27	27	state;
28	28	(4) the means authorized by this subtitle and the
29	29	assistance provided by this subtitle, especially with respect to
30	30	financing, are in the public interest and serve a public purpose of
31	31	this state in promoting the welfare of the residents of this state
32	32	economically by securing and retaining business enterprises and as
33	33	a result maintaining a higher level of employment, economic
34	34	activity, and stability;
35	35	(5) community industrial development corporations in
36	36	this state have invested substantial money in successful industrial
37	37	development projects and have experienced difficulty in
38	38	undertaking additional industrial development projects because of
39	39	the partial inadequacy of the community industrial development
40	40	corporations' money or money potentially available from local
41	41	subscription sources and the limitations of local financial
42	42	institutions in providing additional and sufficiently large first
43	43	mortgage loans; [and]
44	44	(6) communities in this state have been at a critical
45	45	disadvantage in competing with communities in other states for the
46	46	location or expansion of business enterprises because of the
47	47	availability and prevalent use in all other states of financing and
48	48	other special incentives, and, for that reason, the issuance of
49	49	revenue bonds under this subtitle by a corporation on behalf of
50	50	political subdivisions of this state for the promotion and
51	51	development of new and expanded business enterprises to provide and
52	52	encourage employment and the public welfare is in the public
53	53	interest and is a public purpose; and
54	54	(7) the development, improvement, maintenance, and
55	55	expansion of the general infrastructure of communities in this
56	56	state are essential to the development and diversification of the
57	57	economy of this state and to the economic growth of this state.
58	58	SECTION 2. Subchapter C, Chapter 501, Local Government
59	59	Code, is amended by adding Section 501.1031 to read as follows:
60	60	Sec. 501.1031. CERTAIN GENERAL INFRASTRUCTURE PROJECTS. In
61	61	this subtitle, "project" includes expenditures that are found by
62	62	the board of directors to be required or suitable for general
63	63	infrastructure, limited to the development, improvement,
64	64	maintenance, or expansion of:
65	65	(1) streets and roads;
66	66	(2) sewage facilities; or
67	67	(3) water supply facilities for the general public.
68	68	SECTION 3. Section 504.103(a), Local Government Code, is
69	69	amended to read as follows:
70	70	(a) Except as otherwise provided by this section or Section
71	71	501.1031, a Type A corporation may not undertake a project the
72	72	primary purpose of which is to provide:
73	73	(1) a transportation facility;
74	74	(2) a solid waste disposal facility;
75	75	(3) a sewage facility;
76	76	(4) a facility for furnishing water to the general
77	77	public; or
78	78	(5) an air or water pollution control facility.
79	79	SECTION 4. Subchapter D, Chapter 504, Local Government
80	80	Code, is amended by adding Section 504.172 to read as follows:
81	81	Sec. 504.172. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
82	82	INFRASTRUCTURE PROJECTS; ELECTION. (a) Notwithstanding any other
83	83	provision of this subtitle, a Type A corporation may not use
84	84	proceeds from the sales and use tax or other corporate revenues to
85	85	undertake the category of projects described by Section 501.1031
86	86	unless the use of tax proceeds or other corporate revenues for that
87	87	purpose is authorized by an election as provided by this section.
88	88	(b) The governing body of a Type A corporation's authorizing
89	89	municipality by resolution may order an election on the question of
90	90	approving the use of sales and use tax proceeds and other corporate
91	91	revenues for the category of projects described by Section
92	92	501.1031. The resolution must be passed by majority vote of all
93	93	members of the municipality's governing body and entered in its
94	94	minutes.
95	95	(c) The governing body of a Type A corporation's authorizing
96	96	municipality shall order an election on the question described by
97	97	Subsection (b) on receipt of a petition requesting the election
98	98	that is signed by a number of registered voters of the municipality
99	99	equal to at least 10 percent of the number of voters participating
100	100	in the last general election held in the municipality.
101	101	(d) An election under this section must be held on the first
102	102	authorized uniform election date prescribed by Chapter 41, Election
103	103	Code, that occurs after the date the election is ordered and that
104	104	allows sufficient time to comply with other requirements of law.
105	105	(e) The ballot in an election under this section shall be
106	106	printed to provide for voting for or against the proposition:
107	107	"Adopting the use of Type A corporation funds for streets and roads,
108	108	sewage facilities, or water supply facilities for the general
109	109	public in the City of ________."
110	110	(f) If a majority of the voters voting on the issue do not
111	111	approve the use of sales and use tax proceeds and other corporate
112	112	revenues for the category of projects described by Section 501.1031
113	113	at an election under this section, another election concerning the
114	114	use of tax proceeds and revenues for the same category of projects
115	115	may not be held before the second anniversary of the date of the
116	116	most recent election disapproving the use of tax proceeds and
117	117	revenues for that category of projects.
118	118	SECTION 5. The heading to Subchapter D, Chapter 505, Local
119	119	Government Code, is amended to read as follows:
120	120	SUBCHAPTER D. AUTHORIZATION FOR ADDITIONAL [AUTHORIZED] PROJECTS
121	121	SECTION 6. Subchapter D, Chapter 505, Local Government
122	122	Code, is amended by adding Section 505.162 to read as follows:
123	123	Sec. 505.162. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
124	124	INFRASTRUCTURE PROJECTS; ELECTION. (a) Notwithstanding any other
125	125	provision of this subtitle, a Type B corporation may not use
126	126	proceeds from the sales and use tax or other corporate revenues to
127	127	undertake the category of projects described by Section 501.1031
128	128	unless the use of tax proceeds or other corporate revenues for that
129	129	purpose is authorized by an election as provided by this section.
130	130	(b) The governing body of a Type B corporation's authorizing
131	131	municipality by resolution may order an election on the question of
132	132	approving the use of sales and use tax proceeds and other corporate
133	133	revenues for the category of projects described by Section
134	134	501.1031. The resolution must be passed by majority vote of all
135	135	members of the municipality's governing body and entered in its
136	136	minutes.
137	137	(c) The governing body of a Type B corporation's authorizing
138	138	municipality shall order an election on the question described by
139	139	Subsection (b) on receipt of a petition requesting the election
140	140	that is signed by a number of registered voters of the municipality
141	141	equal to at least 10 percent of the number of voters participating
142	142	in the last general election held in the municipality.
143	143	(d) An election under this section must be held on the first
144	144	authorized uniform election date prescribed by Chapter 41, Election
145	145	Code, that occurs after the date the election is ordered and that
146	146	allows sufficient time to comply with other requirements of law.
147	147	(e) The ballot in an election under this section shall be
148	148	printed to provide for voting for or against the proposition:
149	149	"Adopting the use of Type B corporation funds for streets and roads,
150	150	sewage facilities, or water supply facilities for the general
151	151	public in the City of ________."
152	152	(f) If a majority of the voters voting on the issue do not
153	153	approve the use of sales and use tax proceeds and other corporate
154	154	revenues for the category of projects described by Section 501.1031
155	155	at an election under this section, another election concerning the
156	156	use of tax proceeds and revenues for the same category of projects
157	157	may not be held before the second anniversary of the date of the
158	158	most recent election disapproving the use of tax proceeds and
159	159	revenues for that category of projects.
160	160	SECTION 7. This Act takes effect immediately if it receives
161	161	a vote of two-thirds of all the members elected to each house, as
162	162	provided by Section 39, Article III, Texas Constitution. If this
163	163	Act does not receive the vote necessary for immediate effect, this
164	164	Act takes effect September 1, 2013.