Texas 2019 - 86th Regular

Texas House Bill HB1221 Compare Versions

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

Old	New	Differences
1	1	86R4257 CLG-D
2	2	By: Patterson H.B. No. 1221
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing certain projects to be undertaken by
8	8	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 Sections 501.1031 and 501.108 to read as
12	12	follows:
13	13	Sec. 501.1031. CERTAIN GENERAL INFRASTRUCTURE PROJECTS. In
14	14	this subtitle, "project" includes expenditures that are found by
15	15	the board of directors to be suitable for general infrastructure,
16	16	limited to the development, improvement, maintenance, or expansion
17	17	of:
18	18	(1) streets and roads;
19	19	(2) water supply facilities; or
20	20	(3) sewage facilities.
21	21	Sec. 501.108. PROJECTS RELATED TO PUBLIC SAFETY. (a) In
22	22	this subtitle, "project" includes expenditures that are found by
23	23	the board of directors to be required or suitable for improving,
24	24	enhancing, or supporting public safety, including:
25	25	(1) expenditures for improving public safety
26	26	facilities;
27	27	(2) expenditures for public safety equipment and for
28	28	first responders and other personnel; and
29	29	(3) other expenditures that enhance the level of
30	30	services provided by public safety facilities.
31	31	(b) For purposes of this section, "first responder" has the
32	32	meaning assigned by Section 421.095, Government Code.
33	33	SECTION 2. Section 504.103(a), Local Government Code, is
34	34	amended to read as follows:
35	35	(a) Except as otherwise provided by this section or Section
36	36	501.1031, a Type A corporation may not undertake a project the
37	37	primary purpose of which is to provide:
38	38	(1) a transportation facility;
39	39	(2) a solid waste disposal facility;
40	40	(3) a sewage facility;
41	41	(4) a facility for furnishing water to the general
42	42	public; or
43	43	(5) an air or water pollution control facility.
44	44	SECTION 3. Subchapter D, Chapter 504, Local Government
45	45	Code, is amended by adding Section 504.172 to read as follows:
46	46	Sec. 504.172. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
47	47	INFRASTRUCTURE PROJECTS OR PUBLIC SAFETY PROJECTS; ELECTION.
48	48	(a) Notwithstanding any other provision of this subtitle, a Type A
49	49	corporation may not use proceeds from the sales and use tax or other
50	50	corporate revenues to undertake the category of projects described
51	51	by Section 501.1031 or the projects described by Section 501.108
52	52	unless the use of tax proceeds or other corporate revenues for those
53	53	purposes is authorized by an election as provided by this section.
54	54	(b) The governing body of a Type A corporation's authorizing
55	55	municipality by resolution may order an election on the question of
56	56	approving the use of sales and use tax proceeds and other corporate
57	57	revenues for:
58	58	(1) the category of general infrastructure projects
59	59	described by Section 501.1031; or
60	60	(2) the public safety projects described by Section
61	61	501.108.
62	62	(c) A resolution ordering an election under Subsection (b)
63	63	must be passed by majority vote of all members of the governing body
64	64	of the corporation's authorizing municipality and entered in its
65	65	minutes.
66	66	(d) The governing body of a Type A corporation's authorizing
67	67	municipality shall order an election on the question described by
68	68	Subsection (b)(1) or (2) on receipt of a petition requesting the
69	69	election that is signed by a number of registered voters of the
70	70	municipality equal to at least 10 percent of the number of voters
71	71	participating in the last general election held in the
72	72	municipality.
73	73	(e) An election under this section must be held on the first
74	74	authorized uniform election date prescribed by Chapter 41, Election
75	75	Code, that occurs after the date the election is ordered and that
76	76	allows sufficient time to comply with other requirements of law.
77	77	(f) The ballot in an election under this section on the
78	78	question described by Subsection (b)(1) shall be printed to provide
79	79	for voting for or against the proposition: "Allowing the use of
80	80	Type A corporation sales tax funds and other corporate revenues for
81	81	streets and roads, water supply facilities, or sewage facilities in
82	82	the City of ________."
83	83	(g) The ballot in an election under this section on the
84	84	question described by Subsection (b)(2) shall be printed to provide
85	85	for voting for or against the proposition: "Allowing the use of Type
86	86	A corporation sales tax funds and other corporate revenues for
87	87	improving, enhancing, or supporting public safety in the City of
88	88	________."
89	89	SECTION 4. The heading to Subchapter D, Chapter 505, Local
90	90	Government Code, is amended to read as follows:
91	91	SUBCHAPTER D. AUTHORIZATION FOR ADDITIONAL [AUTHORIZED] PROJECTS
92	92	SECTION 5. Subchapter D, Chapter 505, Local Government
93	93	Code, is amended by adding Section 505.162 to read as follows:
94	94	Sec. 505.162. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
95	95	INFRASTRUCTURE PROJECTS OR PUBLIC SAFETY PROJECTS; ELECTION.
96	96	(a) Notwithstanding any other provision of this subtitle, a Type B
97	97	corporation may not use proceeds from the sales and use tax or other
98	98	corporate revenues to undertake the category of projects described
99	99	by Section 501.1031 or the projects described by Section 501.108
100	100	unless the use of tax proceeds or other corporate revenues for those
101	101	purposes is authorized by an election as provided by this section.
102	102	(b) The governing body of a Type B corporation's authorizing
103	103	municipality by resolution may order an election on the question of
104	104	approving the use of sales and use tax proceeds and other corporate
105	105	revenues for:
106	106	(1) the category of general infrastructure projects
107	107	described by Section 501.1031; or
108	108	(2) the public safety projects described by Section
109	109	501.108.
110	110	(c) A resolution ordering an election under Subsection (b)
111	111	must be passed by majority vote of all members of the governing body
112	112	of the corporation's authorizing municipality and entered in its
113	113	minutes.
114	114	(d) The governing body of a Type B corporation's authorizing
115	115	municipality shall order an election on the question described by
116	116	Subsection (b)(1) or (2) on receipt of a petition requesting the
117	117	election that is signed by a number of registered voters of the
118	118	municipality equal to at least 10 percent of the number of voters
119	119	participating in the last general election held in the
120	120	municipality.
121	121	(e) An election under this section must be held on the first
122	122	authorized uniform election date prescribed by Chapter 41, Election
123	123	Code, that occurs after the date the election is ordered and that
124	124	allows sufficient time to comply with other requirements of law.
125	125	(f) The ballot in an election under this section on the
126	126	question described by Subsection (b)(1) shall be printed to provide
127	127	for voting for or against the proposition: "Allowing the use of
128	128	Type B corporation sales tax funds and other corporate revenues for
129	129	streets and roads, water supply facilities, or sewage facilities in
130	130	the City of ________."
131	131	(g) The ballot in an election under this section on the
132	132	question described by Subsection (b)(2) shall be printed to provide
133	133	for voting for or against the proposition: "Allowing the use of Type
134	134	B corporation sales tax funds and other corporate revenues for
135	135	improving, enhancing, or supporting public safety in the City of
136	136	________."
137	137	SECTION 6. This Act takes effect immediately if it receives
138	138	a vote of two-thirds of all the members elected to each house, as
139	139	provided by Section 39, Article III, Texas Constitution. If this
140	140	Act does not receive the vote necessary for immediate effect, this
141	141	Act takes effect September 1, 2019.