Texas 2013 - 83rd Regular

Texas House Bill HB2181 Compare Versions

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1	1	83R20187 CLG-D
2	2	By: Stephenson, Reynolds, et al. H.B. No. 2181
3	3	Substitute the following for H.B. No. 2181:
4	4	By: J. Davis of Harris C.S.H.B. No. 2181
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorizing development corporations to finance
10	10	projects to support primary job training facilities and programs at
11	11	certain educational institutions.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter C, Chapter 501, Local Government
14	14	Code, is amended by adding Section 501.1021 to read as follows:
15	15	Sec. 501.1021. PROJECTS RELATING TO SUPPORTING PRIMARY JOB
16	16	TRAINING FACILITIES AND PROGRAMS AT CERTAIN EDUCATIONAL
17	17	INSTITUTIONS. (a) In this section:
18	18	(1) "Authorizing municipality" means the municipality
19	19	that authorizes the creation of a corporation under this subtitle.
20	20	(2) "Public junior college" and "public technical
21	21	institute" have the meanings assigned by Section 61.003, Education
22	22	Code.
23	23	(b) In this subtitle, "project" includes expenditures to
24	24	support primary job training facilities or programs, including
25	25	expenditures for training equipment, at:
26	26	(1) a public junior college, public technical
27	27	institute, or high school located in the authorizing municipality
28	28	of a corporation; and
29	29	(2) a public junior college the service area of which
30	30	includes any portion of the authorizing municipality of a
31	31	corporation.
32	32	(c) A corporation may enter into an agreement with one or
33	33	more educational institutions with respect to a project under this
34	34	section that is financed wholly or partly under this subtitle.
35	35	SECTION 2. Subchapter D, Chapter 504, Local Government
36	36	Code, is amended by adding Section 504.172 to read as follows:
37	37	Sec. 504.172. AUTHORITY TO UNDERTAKE PROJECTS TO SUPPORT
38	38	PRIMARY JOB TRAINING FACILITIES AND PROGRAMS AT CERTAIN EDUCATIONAL
39	39	INSTITUTIONS. (a) Notwithstanding any other provision of this
40	40	subtitle, a Type A corporation may not use proceeds from the sales
41	41	and use tax or other corporate revenues to undertake the category of
42	42	projects described by Section 501.1021 unless the use of tax
43	43	proceeds or other corporate revenues for that purpose is authorized
44	44	as provided by this section.
45	45	(b) The governing body of a Type A corporation's authorizing
46	46	municipality by resolution may authorize the corporation to
47	47	undertake and finance the category of projects described by Section
48	48	501.1021 as provided by Subsection (a). The resolution must be
49	49	passed by majority vote of all members of the municipality's
50	50	governing body and entered in its minutes.
51	51	(c) On receipt of a petition signed by a number of
52	52	registered voters of the municipality equal to at least 10 percent
53	53	of the number of voters participating in the last general election
54	54	held in the municipality requesting an election to use the sales and
55	55	use tax proceeds and other corporate revenues for the category of
56	56	projects described by Section 501.1021, the governing body of a
57	57	Type A corporation's authorizing municipality shall order an
58	58	election on the issue.
59	59	(d) The governing body of the municipality shall order an
60	60	election required under Subsection (c) to be held on the first
61	61	authorized uniform election date prescribed by Chapter 41, Election
62	62	Code, that occurs after the date the petition is filed and that
63	63	allows sufficient time to comply with other requirements of law.
64	64	(e) The ballot in an election under this section shall be
65	65	printed to provide for voting for or against the proposition:
66	66	"Adopting the use of Type A corporation funds for projects
67	67	supporting primary job training facilities and programs at
68	68	educational institutions in the City of ________."
69	69	(f) If a majority of the voters voting on the issue do not
70	70	approve the use of sales and use tax proceeds and other corporate
71	71	revenues for the category of projects described by Section 501.1021
72	72	at an election under this section, another election concerning the
73	73	use of tax proceeds and revenues for the same category of projects
74	74	may not be held before the second anniversary of the date of the
75	75	most recent election disapproving the use of tax proceeds and
76	76	revenues for that category of projects.
77	77	SECTION 3. The heading to Subchapter D, Chapter 505, Local
78	78	Government Code, is amended to read as follows:
79	79	SUBCHAPTER D. AUTHORIZATION FOR ADDITIONAL [AUTHORIZED] PROJECTS
80	80	SECTION 4. Subchapter D, Chapter 505, Local Government
81	81	Code, is amended by adding Section 505.162 to read as follows:
82	82	Sec. 505.162. AUTHORITY TO UNDERTAKE PROJECTS TO SUPPORT
83	83	PRIMARY JOB TRAINING FACILITIES AND PROGRAMS AT CERTAIN EDUCATIONAL
84	84	INSTITUTIONS. (a) Notwithstanding any other provision of this
85	85	subtitle, a Type B corporation may not use proceeds from the sales
86	86	and use tax or other corporate revenues to undertake the category of
87	87	projects described by Section 501.1021 unless the use of tax
88	88	proceeds or other corporate revenues for that purpose is authorized
89	89	as provided by this section.
90	90	(b) The governing body of a Type B corporation's authorizing
91	91	municipality by resolution may authorize the corporation to
92	92	undertake and finance the category of projects described by Section
93	93	501.1021 as provided by Subsection (a). The resolution must be
94	94	passed by majority vote of all members of the municipality's
95	95	governing body and entered in its minutes.
96	96	(c) On receipt of a petition signed by a number of
97	97	registered voters of the municipality equal to at least 10 percent
98	98	of the number of voters participating in the last general election
99	99	held in the municipality requesting an election to use the sales and
100	100	use tax proceeds and other corporate revenues for the category of
101	101	projects described by Section 501.1021, the governing body of a
102	102	Type B corporation's authorizing municipality shall order an
103	103	election on the issue.
104	104	(d) The governing body of the municipality shall order an
105	105	election required under Subsection (c) to be held on the first
106	106	authorized uniform election date prescribed by Chapter 41, Election
107	107	Code, that occurs after the date the petition is filed and that
108	108	allows sufficient time to comply with other requirements of law.
109	109	(e) The ballot in an election under this section shall be
110	110	printed to provide for voting for or against the proposition:
111	111	"Adopting the use of Type B corporation funds for projects
112	112	supporting primary job training facilities and programs at
113	113	educational institutions in the City of ________."
114	114	(f) If a majority of the voters voting on the issue do not
115	115	approve the use of sales and use tax proceeds and other corporate
116	116	revenues for the category of projects described by Section 501.1021
117	117	at an election under this section, another election concerning the
118	118	use of tax proceeds and revenues for the same category of projects
119	119	may not be held before the second anniversary of the date of the
120	120	most recent election disapproving the use of tax proceeds and
121	121	revenues for that category of projects.
122	122	SECTION 5. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2013.