1 | 1 | | 86R12999 SMH-F |
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2 | 2 | | By: Johnson of Harris H.B. No. 3380 |
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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 the inclusion of certain public safety facilities in a |
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8 | 8 | | tax increment financing reinvestment zone and the making of |
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9 | 9 | | improvements to public safety infrastructure in a zone. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 311.002(1), Tax Code, is amended to read |
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12 | 12 | | as follows: |
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13 | 13 | | (1) "Project costs" means the expenditures made or |
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14 | 14 | | estimated to be made and monetary obligations incurred or estimated |
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15 | 15 | | to be incurred by the municipality or county designating a |
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16 | 16 | | reinvestment zone that are listed in the project plan as costs of |
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17 | 17 | | public works, public improvements, programs, or other projects |
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18 | 18 | | benefiting the zone, plus other costs incidental to those |
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19 | 19 | | expenditures and obligations. "Project costs" include: |
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20 | 20 | | (A) capital costs, including the actual costs of |
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21 | 21 | | the acquisition and construction of public works, public |
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22 | 22 | | improvements, new buildings, structures, and fixtures; the actual |
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23 | 23 | | costs of the acquisition, demolition, alteration, remodeling, |
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24 | 24 | | repair, or reconstruction of existing buildings, structures, and |
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25 | 25 | | fixtures; the actual costs of the remediation of conditions that |
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26 | 26 | | contaminate public or private land or buildings; the actual costs |
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27 | 27 | | of the preservation of the facade of a public or private building; |
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28 | 28 | | the actual costs of the demolition of public or private buildings; |
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29 | 29 | | and the actual costs of the acquisition of land and equipment and |
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30 | 30 | | the clearing and grading of land; |
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31 | 31 | | (B) financing costs, including all interest paid |
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32 | 32 | | to holders of evidences of indebtedness or other obligations issued |
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33 | 33 | | to pay for project costs and any premium paid over the principal |
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34 | 34 | | amount of the obligations because of the redemption of the |
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35 | 35 | | obligations before maturity; |
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36 | 36 | | (C) real property assembly costs; |
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37 | 37 | | (D) professional service costs, including those |
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38 | 38 | | incurred for architectural, planning, engineering, and legal |
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39 | 39 | | advice and services; |
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40 | 40 | | (E) imputed administrative costs, including |
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41 | 41 | | reasonable charges for the time spent by employees of the |
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42 | 42 | | municipality or county in connection with the implementation of a |
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43 | 43 | | project plan; |
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44 | 44 | | (F) relocation costs; |
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45 | 45 | | (G) organizational costs, including the costs of |
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46 | 46 | | conducting environmental impact studies or other studies, the cost |
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47 | 47 | | of publicizing the creation of the zone, and the cost of |
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48 | 48 | | implementing the project plan for the zone; |
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49 | 49 | | (H) interest before and during construction and |
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50 | 50 | | for one year after completion of construction, whether or not |
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51 | 51 | | capitalized; |
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52 | 52 | | (I) the cost of operating the reinvestment zone |
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53 | 53 | | and project facilities; |
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54 | 54 | | (J) the amount of any contributions made by the |
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55 | 55 | | municipality or county from general revenue for the implementation |
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56 | 56 | | of the project plan; |
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57 | 57 | | (K) the costs of school buildings, other |
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58 | 58 | | educational buildings, other educational facilities, or other |
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59 | 59 | | buildings owned by or on behalf of a school district, community |
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60 | 60 | | college district, or other political subdivision of this state; |
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61 | 61 | | [and] |
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62 | 62 | | (L) payments made at the discretion of the |
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63 | 63 | | governing body of the municipality or county that the governing |
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64 | 64 | | body finds necessary or convenient to the creation of the zone or to |
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65 | 65 | | the implementation of the project plans for the zone; and |
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66 | 66 | | (M) costs associated with improvements to fire |
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67 | 67 | | and police stations. |
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68 | 68 | | SECTION 2. Section 311.006, Tax Code, is amended by adding |
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69 | 69 | | Subsection (a-1) to read as follows: |
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70 | 70 | | (a-1) A municipality may not designate an area as a |
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71 | 71 | | reinvestment zone unless the area includes: |
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72 | 72 | | (1) police stations that, in the aggregate, serve a |
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73 | 73 | | majority of the area included in the zone; and |
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74 | 74 | | (2) fire stations that, in the aggregate, serve a |
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75 | 75 | | majority of the area included in the zone. |
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76 | 76 | | SECTION 3. Section 311.011, Tax Code, is amended by adding |
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77 | 77 | | Subsection (i) to read as follows: |
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78 | 78 | | (i) The project plan must include a plan for making any |
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79 | 79 | | necessary improvements to the public safety infrastructure in the |
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80 | 80 | | zone. |
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81 | 81 | | SECTION 4. The changes in law made by this Act apply only to |
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82 | 82 | | a reinvestment zone designated by a municipality under Chapter 311, |
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83 | 83 | | Tax Code, on or after the effective date of this Act. |
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84 | 84 | | SECTION 5. This Act takes effect immediately if it receives |
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85 | 85 | | a vote of two-thirds of all the members elected to each house, as |
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86 | 86 | | provided by Section 39, Article III, Texas Constitution. If this |
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87 | 87 | | Act does not receive the vote necessary for immediate effect, this |
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88 | 88 | | Act takes effect September 1, 2019. |
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