| 1 | 1 | | 89R699 LHC-F |
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| 2 | 2 | | By: Guillen H.B. No. 2878 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the use of revenue in the tax increment fund for certain |
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| 10 | 10 | | tax increment financing reinvestment zones for the acquisition, |
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| 11 | 11 | | construction, or reconstruction of an educational facility. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 311, Tax Code, is amended by adding |
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| 14 | 14 | | Section 311.0086 to read as follows: |
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| 15 | 15 | | Sec. 311.0086. POWER OF MUNICIPALITIES AND COUNTIES IN |
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| 16 | 16 | | CERTAIN REINVESTMENT ZONES. (a) This section applies only to a |
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| 17 | 17 | | reinvestment zone: |
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| 18 | 18 | | (1) that was created by: |
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| 19 | 19 | | (A) a municipality after January 1, 2005; or |
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| 20 | 20 | | (B) a county after January 1, 2022; |
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| 21 | 21 | | (2) that is larger than 500 acres; |
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| 22 | 22 | | (3) that contains a tract of real property larger than |
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| 23 | 23 | | 20 acres that was donated to a school district for the construction |
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| 24 | 24 | | of educational facilities to be owned by or on behalf of the school |
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| 25 | 25 | | district; and |
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| 26 | 26 | | (4) the board of directors of which has entered into a |
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| 27 | 27 | | written agreement with the governing body of the school district |
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| 28 | 28 | | requiring payment of all or part of the tax increment produced by |
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| 29 | 29 | | the school district into the tax increment fund for the zone. |
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| 30 | 30 | | (b) In addition to exercising the powers described by |
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| 31 | 31 | | Section 311.008, a municipality or county that created a |
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| 32 | 32 | | reinvestment zone to which this section applies or the board of |
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| 33 | 33 | | directors of a reinvestment zone to which this section applies may: |
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| 34 | 34 | | (1) enter into a new agreement or amend an existing |
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| 35 | 35 | | agreement with a school district located wholly or partly in the |
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| 36 | 36 | | zone to dedicate revenue from the tax increment fund for the zone to |
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| 37 | 37 | | the school district for acquiring, constructing, or reconstructing |
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| 38 | 38 | | an educational facility located in or outside of the zone; or |
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| 39 | 39 | | (2) contract with a school district located wholly or |
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| 40 | 40 | | partly in the zone to finance the construction of educational |
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| 41 | 41 | | facilities to be owned by or on behalf of the school district, |
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| 42 | 42 | | provided that the cost of the construction of the facilities and any |
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| 43 | 43 | | infrastructure serving the facilities is funded by the tax |
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| 44 | 44 | | increment generated by the school district. |
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| 45 | 45 | | SECTION 2. Section 48.253(a), Education Code, is amended to |
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| 46 | 46 | | read as follows: |
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| 47 | 47 | | (a) For each school year, a school district is entitled to |
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| 48 | 48 | | state aid in an amount equal to the amount the district is required |
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| 49 | 49 | | to pay into the tax increment fund for a reinvestment zone under |
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| 50 | 50 | | Section 311.0086 or 311.013(n), Tax Code. |
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| 51 | 51 | | SECTION 3. The change in law made by this Act to Section |
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| 52 | 52 | | 48.253, Education Code, applies beginning with the 2025-2026 school |
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| 53 | 53 | | year. |
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| 54 | 54 | | SECTION 4. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2025. |
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