| 1 | 1 | | 86R9202 TJB-F |
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| 2 | 2 | | By: Sanford H.B. No. 2799 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to economic development. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 552.131(c), Government Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | (c) This [After an agreement is made with the business |
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| 12 | 12 | | prospect, this] section does not except from the requirements of |
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| 13 | 13 | | Section 552.021 information about a financial or other incentive |
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| 14 | 14 | | being offered to a [the] business prospect: |
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| 15 | 15 | | (1) by a [the] governmental body; or |
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| 16 | 16 | | (2) by another person, if the financial or other |
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| 17 | 17 | | incentive may directly or indirectly result in the expenditure of |
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| 18 | 18 | | public funds by a governmental body or a reduction in revenue |
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| 19 | 19 | | received by a governmental body from any source. |
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| 20 | 20 | | SECTION 2. Subchapter B, Chapter 312, Tax Code, is amended |
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| 21 | 21 | | by adding Section 312.2035 to read as follows: |
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| 22 | 22 | | Sec. 312.2035. APPLICATION FOR TAX ABATEMENT. (a) The |
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| 23 | 23 | | owner of taxable real property located in a municipality may apply |
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| 24 | 24 | | to the governing body of the municipality for a tax abatement. |
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| 25 | 25 | | (b) An owner of property described by Subsection (a) may |
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| 26 | 26 | | submit an application under that subsection before the date the |
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| 27 | 27 | | property is located in a reinvestment zone if the property is |
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| 28 | 28 | | otherwise eligible to be considered for a tax abatement under this |
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| 29 | 29 | | subchapter. |
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| 30 | 30 | | (c) The governing body of a municipality that receives an |
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| 31 | 31 | | application under this section may approve or refuse to approve the |
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| 32 | 32 | | application. If the governing body elects to approve the |
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| 33 | 33 | | application, the body must do so by an affirmative vote of a |
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| 34 | 34 | | majority of the members of the body at a regularly scheduled meeting |
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| 35 | 35 | | of the body. The governing body may approve the application before |
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| 36 | 36 | | the property is located in a reinvestment zone. |
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| 37 | 37 | | (d) The governing body of a municipality may not enter into |
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| 38 | 38 | | a tax abatement agreement under this subchapter unless the body has |
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| 39 | 39 | | approved an application for the tax abatement under this section. |
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| 40 | 40 | | SECTION 3. Section 312.207(a), Tax Code, is amended to read |
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| 41 | 41 | | as follows: |
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| 42 | 42 | | (a) To be effective, an agreement made under this subchapter |
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| 43 | 43 | | must be approved by the affirmative vote of a majority of the |
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| 44 | 44 | | members of the governing body of the municipality or other taxing |
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| 45 | 45 | | unit at a regularly scheduled meeting of the governing body. The |
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| 46 | 46 | | governing body of the municipality may not hold the meeting earlier |
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| 47 | 47 | | than the 90th day after the date the governing body approves the |
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| 48 | 48 | | application for the tax abatement that is the subject of the |
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| 49 | 49 | | agreement under Section 312.2035. |
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| 50 | 50 | | SECTION 4. The following provisions are repealed: |
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| 51 | 51 | | (1) Sections 551.087 and 552.131(b), Government Code; |
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| 52 | 52 | | and |
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| 53 | 53 | | (2) Section 313.025(f-1), Tax Code. |
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| 54 | 54 | | SECTION 5. Section 552.131, Government Code, as amended by |
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| 55 | 55 | | this Act, applies only to a request for public information that is |
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| 56 | 56 | | received by a governmental body or an officer for public |
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| 57 | 57 | | information on or after the effective date of this Act. |
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| 58 | 58 | | SECTION 6. Section 312.2035(d), Tax Code, as added by this |
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| 59 | 59 | | Act, and Section 312.207(a), Tax Code, as amended by this Act, apply |
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| 60 | 60 | | only to a tax abatement agreement entered into on or after the |
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| 61 | 61 | | effective date of this Act. A tax abatement agreement entered into |
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| 62 | 62 | | before the effective date of this Act is governed by the law in |
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| 63 | 63 | | effect when the agreement was entered into, and that law is |
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| 64 | 64 | | continued in effect for that purpose. |
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| 65 | 65 | | SECTION 7. This Act takes effect September 1, 2019. |
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