88R1306 MP-F
By: Patterson H.B. No. 615
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain 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 Sections 501.1031 and 501.108 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.
Sec. 501.108. PROJECTS RELATED TO PUBLIC SAFETY. (a) In
this subtitle, "project" includes expenditures that are found by
the board of directors to be required or suitable for improving,
enhancing, or supporting public safety, including:
(1) expenditures for improving public safety
facilities;
(2) expenditures for public safety equipment and for
first responders and other personnel; and
(3) other expenditures that enhance the level of
services provided by public safety facilities.
(b) In this section, "first responder" has the meaning
assigned by Section 421.095, Government Code.
SECTION 2. Section 504.103(c), Local Government Code, is
amended to read as follows:
(c) A Type A corporation may undertake a project the primary
purpose of which is to provide:
(1) a general aviation business service airport that
is an integral part of an industrial park;
(2) a port-related facility to support waterborne
commerce; [or]
(3) an airport-related facility, if the authorizing
municipality:
(A) is wholly or partly located within 25 miles
of an international border; and
(B) has, at the time the project is approved by
the corporation as provided by this subtitle:
(i) a population of less than 50,000; or
(ii) an average rate of unemployment that
is greater than the state average rate of unemployment during the
most recent 12-month period for which data is available that
precedes the date the project is approved; or
(4) general infrastructure described by Section
501.1031.
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 OR PUBLIC SAFETY PROJECTS; ELECTION.
(a) Notwithstanding any other provision of this subtitle, a Type A
corporation may not use proceeds from the sales and use tax or other
corporate revenues to undertake the projects described by Section
501.1031 or 501.108 unless the use of tax proceeds or other
corporate revenues for those purposes is authorized by an election
as provided by this section.
(b) The governing body of a Type A 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:
(1) the general infrastructure projects described by
Section 501.1031; or
(2) the public safety projects described by Section
501.108.
(c) A resolution ordering an election under Subsection (b)
must be passed by majority vote of all members of the governing body
of the Type A corporation's authorizing municipality and entered in
its minutes.
(d) The governing body of a Type A corporation's authorizing
municipality shall order an election on the question described by
Subsection (b)(1) or (2) 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.
(e) 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.
(f) The ballot in an election under this section on the
question described by Subsection (b)(1) shall be printed to provide
for voting for or against the proposition: "Allowing the use of
Type A corporation sales tax funds and other corporate revenues for
streets and roads, water supply facilities, or sewage facilities in
the City of ________."
(g) The ballot in an election under this section on the
question described by Subsection (b)(2) shall be printed to provide
for voting for or against the proposition: "Allowing the use of Type
A corporation sales tax funds and other corporate revenues for
improving, enhancing, or supporting public safety 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 OR PUBLIC SAFETY PROJECTS; ELECTION.
(a) Notwithstanding any other provision of this subtitle, a Type B
corporation may not use proceeds from the sales and use tax or other
corporate revenues to undertake the projects described by Section
501.1031 or 501.108 unless the use of tax proceeds or other
corporate revenues for those purposes is authorized by an election
as provided by this section.
(b) The governing body of a Type B 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:
(1) the general infrastructure projects described by
Section 501.1031; or
(2) the public safety projects described by Section
501.108.
(c) A resolution ordering an election under Subsection (b)
must be passed by majority vote of all members of the governing body
of the Type B corporation's authorizing municipality and entered in
its minutes.
(d) The governing body of a Type B corporation's authorizing
municipality shall order an election on the question described by
Subsection (b)(1) or (2) 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.
(e) 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.
(f) The ballot in an election under this section on the
question described by Subsection (b)(1) shall be printed to provide
for voting for or against the proposition: "Allowing the use of
Type B corporation sales tax funds and other corporate revenues for
streets and roads, water supply facilities, or sewage facilities in
the City of ________."
(g) The ballot in an election under this section on the
question described by Subsection (b)(2) shall be printed to provide
for voting for or against the proposition: "Allowing the use of Type
B corporation sales tax funds and other corporate revenues for
improving, enhancing, or supporting public safety 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, 2023.