| 1 | 1 | | By: Uresti S.B. No. 1788 |
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| 2 | 2 | | (In the Senate - Filed March 13, 2015; March 24, 2015, read |
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| 3 | 3 | | first time and referred to Committee on Transportation; |
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| 4 | 4 | | April 30, 2015, reported favorably by the following vote: Yeas 9, |
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| 5 | 5 | | Nays 0; April 30, 2015, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to county energy transportation reinvestment zones. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 222.1071(b), (f), (i), and (m), |
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| 14 | 14 | | Transportation Code, are amended to read as follows: |
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| 15 | 15 | | (b) A county, after determining that an area is affected |
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| 16 | 16 | | because of oil and gas exploration and production activities and |
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| 17 | 17 | | would benefit from funding under Chapter 256, by order or |
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| 18 | 18 | | resolution of the commissioners court: |
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| 19 | 19 | | (1) may designate a contiguous geographic area in the |
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| 20 | 20 | | jurisdiction of the county to be a county energy transportation |
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| 21 | 21 | | reinvestment zone to promote one or more transportation |
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| 22 | 22 | | infrastructure projects, as that term is defined by Section |
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| 23 | 23 | | 256.101, located in the county [zone]; and |
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| 24 | 24 | | (2) may jointly administer a county energy |
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| 25 | 25 | | transportation reinvestment zone with a contiguous county energy |
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| 26 | 26 | | transportation reinvestment zone formed by another county. |
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| 27 | 27 | | (f) The order or resolution designating an area as a county |
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| 28 | 28 | | energy transportation reinvestment zone must: |
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| 29 | 29 | | (1) describe the boundaries of the zone with |
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| 30 | 30 | | sufficient definiteness to identify with ordinary and reasonable |
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| 31 | 31 | | certainty the territory included in the zone; |
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| 32 | 32 | | (2) provide that the zone takes effect immediately on |
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| 33 | 33 | | adoption of the order or resolution designating an area and that the |
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| 34 | 34 | | base year shall be the year of passage of the order or resolution |
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| 35 | 35 | | designating an area or some year in the future; |
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| 36 | 36 | | (3) establish an ad valorem tax increment account for |
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| 37 | 37 | | the zone or provide for the establishment of a joint ad valorem tax |
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| 38 | 38 | | increment account, if applicable; and |
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| 39 | 39 | | (4) if two or more counties are designating a zone for |
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| 40 | 40 | | the same transportation infrastructure project or projects, |
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| 41 | 41 | | include a finding that: |
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| 42 | 42 | | (A) the project or projects will benefit the |
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| 43 | 43 | | property and residents located in the counties [zone]; |
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| 44 | 44 | | (B) the creation of the zone will serve a public |
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| 45 | 45 | | purpose of the county; and |
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| 46 | 46 | | (C) details the transportation infrastructure |
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| 47 | 47 | | projects for which each county is responsible. |
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| 48 | 48 | | (i) The county may: |
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| 49 | 49 | | (1) use money in the tax increment account to provide: |
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| 50 | 50 | | (A) matching funds under Section 256.105; and |
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| 51 | 51 | | (B) funding for one or more transportation |
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| 52 | 52 | | infrastructure projects located in the county [zone]; |
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| 53 | 53 | | (2) apply for grants under Subchapter C, Chapter 256[, |
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| 54 | 54 | | subject to Section 222.1072]; |
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| 55 | 55 | | (3) use five percent of any grant distributed to the |
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| 56 | 56 | | county under Subchapter C, Chapter 256, for the administration of a |
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| 57 | 57 | | county energy transportation reinvestment zone, not to exceed |
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| 58 | 58 | | $250,000; |
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| 59 | 59 | | (4) enter into an agreement to provide for the joint |
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| 60 | 60 | | administration of county energy transportation reinvestment zones |
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| 61 | 61 | | if the commissioners court of the county has designated a county |
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| 62 | 62 | | energy transportation reinvestment zone under this section for the |
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| 63 | 63 | | same transportation infrastructure project or projects as another |
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| 64 | 64 | | county commissioners court; and |
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| 65 | 65 | | (5) pledge money in the tax increment account to a road |
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| 66 | 66 | | utility district formed as provided by Subsection (n). |
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| 67 | 67 | | (m) The commissioners court of a county may enter into an |
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| 68 | 68 | | agreement with the department to designate a county energy |
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| 69 | 69 | | transportation reinvestment zone under this section for a specified |
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| 70 | 70 | | transportation infrastructure project involving a state highway |
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| 71 | 71 | | located in the county [proposed zone]. |
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| 72 | 72 | | SECTION 2. Section 222.1072(a), Transportation Code, is |
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| 73 | 73 | | amended to read as follows: |
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| 74 | 74 | | (a) A county may create [is eligible to apply for a grant |
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| 75 | 75 | | under Subchapter C, Chapter 256, if the county creates] an advisory |
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| 76 | 76 | | board to advise the county on the establishment, administration, |
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| 77 | 77 | | and expenditures of a county energy transportation reinvestment |
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| 78 | 78 | | zone. The county commissioners court shall determine the terms and |
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| 79 | 79 | | duties of the advisory board members. |
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| 80 | 80 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 81 | 81 | | * * * * * |
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