Bill Text: TX HB14 | 2013 | 83rd Legislature 3rd Special Session | Introduced

Texas House Bill 14 (Prior Session Legislation)

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



	A BILL TO BE ENTITLED
	AN ACT
	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; [~~and~~]
	(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 [~~AUTHORIZED~~] PROJECTS
	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.