Texas 2023 - 88th Regular

Texas House Bill HB615 Compare Versions

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Version 2 (New)

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1	1	88R1306 MP-F
2	2	By: Patterson H.B. No. 615
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) In this section, "first responder" has the meaning
32	32	assigned by Section 421.095, Government Code.
33	33	SECTION 2. Section 504.103(c), Local Government Code, is
34	34	amended to read as follows:
35	35	(c) A Type A corporation may undertake a project the primary
36	36	purpose of which is to provide:
37	37	(1) a general aviation business service airport that
38	38	is an integral part of an industrial park;
39	39	(2) a port-related facility to support waterborne
40	40	commerce; [or]
41	41	(3) an airport-related facility, if the authorizing
42	42	municipality:
43	43	(A) is wholly or partly located within 25 miles
44	44	of an international border; and
45	45	(B) has, at the time the project is approved by
46	46	the corporation as provided by this subtitle:
47	47	(i) a population of less than 50,000; or
48	48	(ii) an average rate of unemployment that
49	49	is greater than the state average rate of unemployment during the
50	50	most recent 12-month period for which data is available that
51	51	precedes the date the project is approved; or
52	52	(4) general infrastructure described by Section
53	53	501.1031.
54	54	SECTION 3. Subchapter D, Chapter 504, Local Government
55	55	Code, is amended by adding Section 504.172 to read as follows:
56	56	Sec. 504.172. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
57	57	INFRASTRUCTURE PROJECTS OR PUBLIC SAFETY PROJECTS; ELECTION.
58	58	(a) Notwithstanding any other provision of this subtitle, a Type A
59	59	corporation may not use proceeds from the sales and use tax or other
60	60	corporate revenues to undertake the projects described by Section
61	61	501.1031 or 501.108 unless the use of tax proceeds or other
62	62	corporate revenues for those purposes is authorized by an election
63	63	as provided by this section.
64	64	(b) The governing body of a Type A corporation's authorizing
65	65	municipality by resolution may order an election on the question of
66	66	approving the use of sales and use tax proceeds and other corporate
67	67	revenues for:
68	68	(1) the general infrastructure projects described by
69	69	Section 501.1031; or
70	70	(2) the public safety projects described by Section
71	71	501.108.
72	72	(c) A resolution ordering an election under Subsection (b)
73	73	must be passed by majority vote of all members of the governing body
74	74	of the Type A corporation's authorizing municipality and entered in
75	75	its minutes.
76	76	(d) The governing body of a Type A corporation's authorizing
77	77	municipality shall order an election on the question described by
78	78	Subsection (b)(1) or (2) on receipt of a petition requesting the
79	79	election that is signed by a number of registered voters of the
80	80	municipality equal to at least 10 percent of the number of voters
81	81	participating in the last general election held in the
82	82	municipality.
83	83	(e) An election under this section must be held on the first
84	84	authorized uniform election date prescribed by Chapter 41, Election
85	85	Code, that occurs after the date the election is ordered and that
86	86	allows sufficient time to comply with other requirements of law.
87	87	(f) The ballot in an election under this section on the
88	88	question described by Subsection (b)(1) shall be printed to provide
89	89	for voting for or against the proposition: "Allowing the use of
90	90	Type A corporation sales tax funds and other corporate revenues for
91	91	streets and roads, water supply facilities, or sewage facilities in
92	92	the City of ________."
93	93	(g) The ballot in an election under this section on the
94	94	question described by Subsection (b)(2) shall be printed to provide
95	95	for voting for or against the proposition: "Allowing the use of Type
96	96	A corporation sales tax funds and other corporate revenues for
97	97	improving, enhancing, or supporting public safety in the City of
98	98	________."
99	99	SECTION 4. The heading to Subchapter D, Chapter 505, Local
100	100	Government Code, is amended to read as follows:
101	101	SUBCHAPTER D. AUTHORIZATION FOR ADDITIONAL [AUTHORIZED] PROJECTS
102	102	SECTION 5. Subchapter D, Chapter 505, Local Government
103	103	Code, is amended by adding Section 505.162 to read as follows:
104	104	Sec. 505.162. AUTHORITY TO UNDERTAKE CERTAIN GENERAL
105	105	INFRASTRUCTURE PROJECTS OR PUBLIC SAFETY PROJECTS; ELECTION.
106	106	(a) Notwithstanding any other provision of this subtitle, a Type B
107	107	corporation may not use proceeds from the sales and use tax or other
108	108	corporate revenues to undertake the projects described by Section
109	109	501.1031 or 501.108 unless the use of tax proceeds or other
110	110	corporate revenues for those purposes is authorized by an election
111	111	as provided by this section.
112	112	(b) The governing body of a Type B corporation's authorizing
113	113	municipality by resolution may order an election on the question of
114	114	approving the use of sales and use tax proceeds and other corporate
115	115	revenues for:
116	116	(1) the general infrastructure projects described by
117	117	Section 501.1031; or
118	118	(2) the public safety projects described by Section
119	119	501.108.
120	120	(c) A resolution ordering an election under Subsection (b)
121	121	must be passed by majority vote of all members of the governing body
122	122	of the Type B corporation's authorizing municipality and entered in
123	123	its minutes.
124	124	(d) The governing body of a Type B corporation's authorizing
125	125	municipality shall order an election on the question described by
126	126	Subsection (b)(1) or (2) on receipt of a petition requesting the
127	127	election that is signed by a number of registered voters of the
128	128	municipality equal to at least 10 percent of the number of voters
129	129	participating in the last general election held in the
130	130	municipality.
131	131	(e) An election under this section must be held on the first
132	132	authorized uniform election date prescribed by Chapter 41, Election
133	133	Code, that occurs after the date the election is ordered and that
134	134	allows sufficient time to comply with other requirements of law.
135	135	(f) The ballot in an election under this section on the
136	136	question described by Subsection (b)(1) shall be printed to provide
137	137	for voting for or against the proposition: "Allowing the use of
138	138	Type B corporation sales tax funds and other corporate revenues for
139	139	streets and roads, water supply facilities, or sewage facilities in
140	140	the City of ________."
141	141	(g) The ballot in an election under this section on the
142	142	question described by Subsection (b)(2) shall be printed to provide
143	143	for voting for or against the proposition: "Allowing the use of Type
144	144	B corporation sales tax funds and other corporate revenues for
145	145	improving, enhancing, or supporting public safety in the City of
146	146	________."
147	147	SECTION 6. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2023.