Texas 2015 - 84th Regular

Texas House Bill HB1249 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Schaefer H.B. No. 1249
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	rela
7	7	ting to authorizing certain general infrastructure projects to
8	8	be undertaken by economic development corporations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 501, Local Government
11	11	Code, is amended by adding Section 501.1031 to read as follows:
12	12	Sec. 501.1031. CERTAIN GENERAL INFRASTRUCTURE PROJECTS. In
13	13	this subtitle, "project" includes expenditures that are found by
14	14	the board of directors to be suitable for general infrastructure,
15	15	limited to the development, improvement, maintenance, or expansion
16	16	of:
17	17	(1) streets and roads;
18	18	(2) water supply facilities; or
19	19	(3) sewage facilities.
20	20	SECTION 2. Section 504.103(a), Local Government Code, is
21	21	amended to read as follows:
22	22	(a) Except as otherwise provided by this section or Section
23	23	501.1031, a Type A economic development corporation may not
24	24	undertake a project the primary purpose of which is to provide:
25	25	(1) a transportation facility;
26	26	(2) a solid waste disposal facility;
27	27	(3) a sewage facility;
28	28	(4) a facility for furnishing water to the general
29	29	public; or
30	30	(5) an air or water pollution control facility.
31	31	SECTION 3. Subchapter D, Chapter 504, Local Government
32	32	Code, is amended by adding Section 504.172 to read as follows:
33	33	Sec. 504.172. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
34	34	INFRASTRUCTURE PROJECTS; ELECTION. (a) Notwithstanding any other
35	35	provision of this subtitle, a Type A economic development
36	36	corporation may not use proceeds from the sales and use tax or other
37	37	corporate revenues to undertake the category of projects described
38	38	by Section 501.1031 unless the use of tax proceeds or other
39	39	corporate revenues for that purpose is authorized by an election as
40	40	provided by this section.
41	41	(b) The governing body of a Type A economic development
42	42	corporation's authorizing municipality by resolution may order an
43	43	election on the question of approving the use of sales and use tax
44	44	proceeds and other corporate revenues for the category of projects
45	45	described by Section 501.1031. The resolution must be passed by
46	46	majority vote of all members of the municipality's governing body
47	47	and entered in its minutes.
48	48	(c) The governing body of a Type A economic development
49	49	corporation's authorizing municipality shall order an election on
50	50	the question described by Subsection (b) on receipt of a petition
51	51	requesting the election that is signed by a number of registered
52	52	voters of the municipality equal to at least 10 percent of the
53	53	number of voters participating in the last general election held in
54	54	the municipality.
55	55	(d) An election under this section must be held on the first
56	56	authorized uniform election date prescribed by Chapter 41, Election
57	57	Code, that occurs after the date the election is ordered and that
58	58	allows sufficient time to comply with other requirements of law.
59	59	(e) The ballot in an election under this section shall be
60	60	printed to provide for voting for or against the proposition:
61	61	"Allowing the use of Type A economic development corporation sales
62	62	tax funds and other corporate revenues for streets and roads, water
63	63	supply facilities, or sewage facilities in the City of __________."
64	64	SECTION 4. The heading to Subchapter D, Chapter 505, Local
65	65	Government Code, is amended to read as follows:
66	66	SUBCHAPTER D. AUTHORIZATION FOR ADDITIONAL [AUTHORIZED] PROJECTS
67	67	SECTION 5. Subchapter D, Chapter 505, Local Government
68	68	Code, is amended by adding Section 505.162 to read as follows:
69	69	Sec. 505.162. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
70	70	INFRASTRUCTURE PROJECTS; ELECTION. (a) Notwithstanding any other
71	71	provision of this subtitle, a Type B economic development
72	72	corporation may not use proceeds from the sales and use tax or other
73	73	corporate revenues to undertake the category of projects described
74	74	by Section 501.1031 unless the use of tax proceeds or other
75	75	corporate revenues for that purpose is authorized by an election as
76	76	provided by this section.
77	77	(b) The governing body of a Type B economic development
78	78	corporation's authorizing municipality by resolution may order an
79	79	election on the question of approving the use of sales and use tax
80	80	proceeds and other corporate revenues for the category of projects
81	81	described by Section 501.1031. The resolution must be passed by
82	82	majority vote of all members of the municipality's governing body
83	83	and entered in its minutes.
84	84	(c) The governing body of a Type B economic development
85	85	corporation's authorizing municipality shall order an election on
86	86	the question described by Subsection (b) on receipt of a petition
87	87	requesting the election that is signed by a number of registered
88	88	voters of the municipality equal to at least 10 percent of the
89	89	number of voters participating in the last general election held in
90	90	the municipality.
91	91	(d) An election under this section must be held on the first
92	92	authorized uniform election date prescribed by Chapter 41, Election
93	93	Code, that occurs after the date the election is ordered and that
94	94	allows sufficient time to comply with other requirements of law.
95	95	(e) The ballot in an election under this section shall be
96	96	printed to provide for voting for or against the proposition:
97	97	"Allowing the use of Type B economic development corporation sales
98	98	tax funds and other corporate revenues for streets and roads, water
99	99	supply facilities, or sewage facilities in the City of __________."
100	100	SECTION 6. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2015.