Bill Text: TX HB14 | 2013 | 83rd Legislature 3rd Special Session | Introduced
Bill Title: Relating to authorizing certain general infrastructure projects to be undertaken by Type B economic development corporations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-08-01 - Filed [HB14 Detail]
Download: Texas-2013-HB14-Introduced.html
| 83S30025 CLG-D | ||
| By: Schaefer | H.B. No. 14 | |
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| relating to authorizing certain general infrastructure projects to | ||
| be undertaken by Type B economic development corporations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 501.004(a), Local Government Code, is | ||
| amended to read as follows: | ||
| (a) The legislature finds that: | ||
| (1) the present and prospective right to gainful | ||
| employment and the general welfare of the people of this state | ||
| require as a public purpose the promotion and development of new and | ||
| expanded business enterprises and of job training; | ||
| (2) the existence, development, and expansion of | ||
| business, commerce, industry, higher education, and job training | ||
| are essential to the economic growth of this state and to the full | ||
| employment, welfare, and prosperity of residents of this state; | ||
| (3) the assistance provided by corporations in | ||
| promoting higher education opportunities encourages and fosters | ||
| the development and diversification of the economy of this state | ||
| and the elimination of unemployment and underemployment in this | ||
| state; | ||
| (4) the means authorized by this subtitle and the | ||
| assistance provided by this subtitle, especially with respect to | ||
| financing, are in the public interest and serve a public purpose of | ||
| this state in promoting the welfare of the residents of this state | ||
| economically by securing and retaining business enterprises and as | ||
| a result maintaining a higher level of employment, economic | ||
| activity, and stability; | ||
| (5) community industrial development corporations in | ||
| this state have invested substantial money in successful industrial | ||
| development projects and have experienced difficulty in | ||
| undertaking additional industrial development projects because of | ||
| the partial inadequacy of the community industrial development | ||
| corporations' money or money potentially available from local | ||
| subscription sources and the limitations of local financial | ||
| institutions in providing additional and sufficiently large first | ||
| mortgage loans; [ |
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| (6) communities in this state have been at a critical | ||
| disadvantage in competing with communities in other states for the | ||
| location or expansion of business enterprises because of the | ||
| availability and prevalent use in all other states of financing and | ||
| other special incentives, and, for that reason, the issuance of | ||
| revenue bonds under this subtitle by a corporation on behalf of | ||
| political subdivisions of this state for the promotion and | ||
| development of new and expanded business enterprises to provide and | ||
| encourage employment and the public welfare is in the public | ||
| interest and is a public purpose; and | ||
| (7) the development, improvement, maintenance, and | ||
| expansion of the general infrastructure of communities in this | ||
| state are essential to the development and diversification of the | ||
| economy of this state and to the economic growth of this state. | ||
| SECTION 2. The heading to Subchapter D, Chapter 505, Local | ||
| Government Code, is amended to read as follows: | ||
| SUBCHAPTER D. AUTHORIZATION FOR ADDITIONAL [ |
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| SECTION 3. Subchapter D, Chapter 505, Local Government | ||
| Code, is amended by adding Section 505.162 to read as follows: | ||
| Sec. 505.162. CERTAIN GENERAL INFRASTRUCTURE PROJECTS; | ||
| ELECTION. (a) In this chapter, "project" includes expenditures | ||
| that are found by the board of directors to be required or suitable | ||
| for general infrastructure, limited to the development, | ||
| improvement, maintenance, or expansion of: | ||
| (1) streets and roads; | ||
| (2) sewage facilities; or | ||
| (3) water supply facilities for the general public. | ||
| (b) 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 category of projects | ||
| described by Subsection (a) unless the use of tax proceeds or other | ||
| corporate revenues for that purpose is authorized by an election as | ||
| provided by this section. | ||
| (c) 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 the category of projects described by Subsection (a). | ||
| The resolution must be passed by majority vote of all members of the | ||
| municipality's governing body 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 (c) 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 shall be | ||
| printed to provide for voting for or against the proposition: | ||
| "Adopting the use of Type B corporation funds for streets and roads, | ||
| sewage facilities, or water supply facilities for the general | ||
| public in the City of ________." | ||
| (g) If a majority of the voters voting on the issue do not | ||
| approve the use of sales and use tax proceeds and other corporate | ||
| revenues for the category of projects described by Subsection (a) | ||
| at an election under this section, another election concerning the | ||
| use of tax proceeds and revenues for the same category of projects | ||
| may not be held before the second anniversary of the date of the | ||
| most recent election disapproving the use of tax proceeds and | ||
| revenues for that category of projects. | ||
| SECTION 4. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
