Texas 2013 - 83rd Regular

Texas House Bill HB3589 Compare Versions

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1	1	83R25044 CJC-D
2	2	By: Gutierrez H.B. No. 3589
3	3	Substitute the following for H.B. No. 3589:
4	4	By: Hilderbran C.S.H.B. No. 3589
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of tax increment financing by certain
10	10	municipalities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 311.0087, Tax Code, is amended to read as
13	13	follows:
14	14	Sec. 311.0087. RESTRICTION ON POWERS OF CERTAIN
15	15	MUNICIPALITIES. (a) This section applies only to a municipality
16	16	that [proposed reinvestment zone]:
17	17	(1) [the designation of which is requested in a
18	18	petition submitted under Section 311.005(a)(4) before July 31,
19	19	2004, to the governing body of a home-rule municipality that:
20	20	[(A)] has a population of more than 1.1 million;
21	21	(2) [(B)] is located primarily in a county with a
22	22	population of 2.2 [1.5] million or less; and
23	23	(3) [(C)] has created at least 20 reinvestment zones
24	24	under this chapter[; and
25	25	[(2) that is the subject of a resolution of intent that
26	26	was adopted before October 31, 2004, by the governing body of the
27	27	municipality].
28	28	(b) This subsection applies only to a petition submitted
29	29	under Section 311.005(a)(4) before July 31, 2004, that is the
30	30	subject of a resolution of intent adopted by the governing body of a
31	31	municipality before October 31, 2004. If a [the] municipality
32	32	imposes a fee of more than $25,000 for processing a [the] petition
33	33	requesting that an area be designated as a reinvestment zone, the
34	34	municipality may not require a property owner who submits a
35	35	[submitted the] petition, as a condition of designating the
36	36	reinvestment zone or approving a development agreement, interlocal
37	37	agreement, or project plan for the proposed reinvestment zone:
38	38	(1) to waive any rights of the owner under Chapter 245,
39	39	Local Government Code, or under any agreed order or settlement
40	40	agreement to which the municipality is a party;
41	41	(2) to dedicate more than 20 percent of the owner's
42	42	land in the area described in the petition as open-space land; or
43	43	(3) to use a nonconventional use pattern for a
44	44	development to be located within the proposed reinvestment zone.
45	45	(c) The governing body of a municipality may not require, as
46	46	a condition of the designation of a reinvestment zone or the
47	47	approval of a development agreement, interlocal agreement, or
48	48	project plan related to the reinvestment zone, that a property
49	49	owner requesting designation of a reinvestment zone:
50	50	(1) perform an action that may not be required of a
51	51	property owner under Subsection (b);
52	52	(2) waive the right to file an adversarial proceeding
53	53	for declaratory, injunctive, or other relief relating to the
54	54	provisions of the development agreement, interlocal agreement, or
55	55	project plan; or
56	56	(3) agree to include a provision in the development
57	57	agreement, interlocal agreement, or project plan related to the
58	58	reinvestment zone that states that the reinvestment zone will
59	59	terminate if the property owner files an adversarial proceeding for
60	60	declaratory, injunctive, or other relief relating to the provisions
61	61	of the development agreement, interlocal agreement, or project
62	62	plan.
63	63	(d) For purposes of the terms of a development agreement,
64	64	interlocal agreement, or project plan related to a reinvestment
65	65	zone, the filing of a declaratory action by a party to the
66	66	development agreement, interlocal agreement, or project plan is not
67	67	considered to be litigation if the declaratory action seeks only
68	68	to:
69	69	(1) clarify the meaning of a provision of the
70	70	development agreement, interlocal agreement, or project plan; or
71	71	(2) determine the validity of a provision of the
72	72	development agreement, interlocal agreement, or project plan.
73	73	(e) A reimbursement of money required under the terms of a
74	74	development agreement, interlocal agreement, or project plan
75	75	related to a reinvestment zone and approved by the board of
76	76	directors of the reinvestment zone must be paid on or before:
77	77	(1) the 30th day after the date on which the board
78	78	approves the reimbursement; or
79	79	(2) if payment is not possible on the date prescribed
80	80	by Subdivision (1) because of insufficient funds, the 30th day
81	81	after the date on which sufficient funds become available to make
82	82	the reimbursement.
83	83	(f) Each tax increment fund established by a municipality
84	84	under this chapter must be maintained in an account that is separate
85	85	from any other account into which the municipality deposits money.
86	86	SECTION 2. Section 311.0087(c), Tax Code, as added by this
87	87	Act, applies only to the designation of a reinvestment zone or the
88	88	approval of a development agreement, interlocal agreement, or
89	89	project plan related to the reinvestment zone on or after the
90	90	effective date of this Act.
91	91	SECTION 3. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2013.