By: Schaefer H.B. No. 1249
A BILL TO BE ENTITLED
AN ACT
rela
ting to authorizing certain general infrastructure projects to
be undertaken by economic development corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 501, Local Government
Code, is amended by adding Section 501.1031 to read as follows:
Sec. 501.1031. CERTAIN GENERAL INFRASTRUCTURE PROJECTS. In
this subtitle, "project" includes expenditures that are found by
the board of directors to be suitable for general infrastructure,
limited to the development, improvement, maintenance, or expansion
of:
(1) streets and roads;
(2) water supply facilities; or
(3) sewage facilities.
SECTION 2. Section 504.103(a), Local Government Code, is
amended to read as follows:
(a) Except as otherwise provided by this section or Section
501.1031, a Type A economic development corporation may not
undertake a project the primary purpose of which is to provide:
(1) a transportation facility;
(2) a solid waste disposal facility;
(3) a sewage facility;
(4) a facility for furnishing water to the general
public; or
(5) an air or water pollution control facility.
SECTION 3. Subchapter D, Chapter 504, Local Government
Code, is amended by adding Section 504.172 to read as follows:
Sec. 504.172. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
INFRASTRUCTURE PROJECTS; ELECTION. (a) Notwithstanding any other
provision of this subtitle, a Type A economic development
corporation may not use proceeds from the sales and use tax or other
corporate revenues to undertake the category of projects described
by Section 501.1031 unless the use of tax proceeds or other
corporate revenues for that purpose is authorized by an election as
provided by this section.
(b) The governing body of a Type A economic development
corporation's authorizing municipality by resolution may order an
election on the question of approving the use of sales and use tax
proceeds and other corporate revenues for the category of projects
described by Section 501.1031. The resolution must be passed by
majority vote of all members of the municipality's governing body
and entered in its minutes.
(c) The governing body of a Type A economic development
corporation's authorizing municipality shall order an election on
the question described by Subsection (b) on receipt of a petition
requesting the election that is signed by a number of registered
voters of the municipality equal to at least 10 percent of the
number of voters participating in the last general election held in
the municipality.
(d) An election under this section must be held on the first
authorized uniform election date prescribed by Chapter 41, Election
Code, that occurs after the date the election is ordered and that
allows sufficient time to comply with other requirements of law.
(e) The ballot in an election under this section shall be
printed to provide for voting for or against the proposition:
"Allowing the use of Type A economic development corporation sales
tax funds and other corporate revenues for streets and roads, water
supply facilities, or sewage facilities in the City of __________."
SECTION 4. The heading to Subchapter D, Chapter 505, Local
Government Code, is amended to read as follows:
SUBCHAPTER D. AUTHORIZATION FOR ADDITIONAL [AUTHORIZED] PROJECTS
SECTION 5. Subchapter D, Chapter 505, Local Government
Code, is amended by adding Section 505.162 to read as follows:
Sec. 505.162. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
INFRASTRUCTURE PROJECTS; ELECTION. (a) Notwithstanding any other
provision of this subtitle, a Type B economic development
corporation may not use proceeds from the sales and use tax or other
corporate revenues to undertake the category of projects described
by Section 501.1031 unless the use of tax proceeds or other
corporate revenues for that purpose is authorized by an election as
provided by this section.
(b) The governing body of a Type B economic development
corporation's authorizing municipality by resolution may order an
election on the question of approving the use of sales and use tax
proceeds and other corporate revenues for the category of projects
described by Section 501.1031. The resolution must be passed by
majority vote of all members of the municipality's governing body
and entered in its minutes.
(c) The governing body of a Type B economic development
corporation's authorizing municipality shall order an election on
the question described by Subsection (b) on receipt of a petition
requesting the election that is signed by a number of registered
voters of the municipality equal to at least 10 percent of the
number of voters participating in the last general election held in
the municipality.
(d) An election under this section must be held on the first
authorized uniform election date prescribed by Chapter 41, Election
Code, that occurs after the date the election is ordered and that
allows sufficient time to comply with other requirements of law.
(e) The ballot in an election under this section shall be
printed to provide for voting for or against the proposition:
"Allowing the use of Type B economic development corporation sales
tax funds and other corporate revenues for streets and roads, water
supply facilities, or sewage facilities in the City of __________."
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.