Bill Text: TX HB4046 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the election of members of the boards of directors of certain tax increment reinvestment zones.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-25 - Left pending in committee [HB4046 Detail]

Download: Texas-2017-HB4046-Introduced.html
  85R13071 SMT-D
 
  By: Bohac H.B. No. 4046
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the election of members of the boards of directors of
  certain tax increment reinvestment zones.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 311, Tax Code, is amended by adding
  Section 311.0092 to read as follows:
         Sec. 311.0092.  COMPOSITION OF BOARD OF DIRECTORS OF
  REINVESTMENT ZONES IN CERTAIN POPULOUS MUNICIPALITIES. (a)  This
  section applies to a reinvestment zone located wholly or partly in a
  municipality with a population of at least two million.
         (b)  For purposes of this section, an area adjacent to a
  reinvestment zone means any area in an election precinct any part of
  which is within two miles of the zone's boundaries in any direction.
         (c)  The board of directors of a reinvestment zone consists
  of at least 11 and not more than 15 members, unless more than 15
  members are required to satisfy the requirements of this
  subsection. A majority of members of the board must be elected in a
  nonpartisan election.  Each taxing unit that approves the payment
  of all or part of its tax increment into the tax increment fund is
  entitled to appoint a member, including the county or municipality
  that designated the zone.  A taxing unit may waive its right to
  appoint a director.  The member of the state senate in whose
  district the zone is located is a member of the board, and the
  member of the state house of representatives in whose district the
  zone is located is a member of the board, except that either may
  designate another individual to serve in the member's place at the
  pleasure of the member. If the zone is located in more than one
  senate or house district, this subsection applies only to the
  senator or representative in whose district a larger portion of the
  zone is located than any other senate or house district, as
  applicable.  The municipality shall hold an election to elect the
  number of members to the board that results in at least 51 percent
  of the members of the board being elected.
         (d)  An election required by this section must be held in an
  even-numbered year on the uniform election date in November
  authorized by Section 41.001, Election Code. A municipality may
  contract with the county to hold the election.
         (e)  Members of the board are appointed or elected for terms
  of two years unless longer terms are provided under Section 11,
  Article XI, Texas Constitution.  Terms of members may be staggered.
         (f)  Individuals residing in the zone or in an area adjacent
  to the zone are eligible to vote in the election of members of the
  board.
         (g)  A vacancy on the board is filled for the unexpired term
  by appointment of the governing body of the taxing unit that
  appointed the director who served in the vacant position or, if the
  vacant position was an elected position, by election on the next
  election date under Subsection (d) that provides sufficient time to
  comply with other requirements of law.
         (h)  To be eligible for appointment or to be a candidate for
  or be elected to the board, an individual must:
               (1)  be a qualified voter of the municipality and
  reside in the zone or in an area adjacent to the zone; or
               (2)  be at least 18 years of age and own real property
  in the zone or in an area adjacent to the zone or be an employee or
  agent of a person that owns real property in the zone or in an area
  adjacent to the zone.
         (i)  Each year the board of directors of a reinvestment zone
  shall elect one of its members to serve as presiding officer for a
  term of one year. The board of directors may elect an assistant
  presiding officer to preside in the absence of the presiding
  officer or when there is a vacancy in the office of presiding
  officer. The board may elect other officers as it considers
  appropriate.
         (j)  A member of the board of directors of a reinvestment
  zone:
               (1)  is not a public official by virtue of that
  position; and
               (2)  unless otherwise ineligible, may be appointed to
  serve concurrently on the board of directors of a local government
  corporation created under Subchapter D, Chapter 431,
  Transportation Code.
         (k)  This section does not apply to a tax increment
  reinvestment zone designated in accordance with a law other than
  this chapter that provides that an entity identified in the other
  law serves as the board of directors of the tax increment
  reinvestment zone.
         SECTION 2.  Section 311.004(a), Tax Code, is amended to read
  as follows:
         (a)  The ordinance or order designating an area as a
  reinvestment zone must:
               (1)  describe the boundaries of the zone with
  sufficient definiteness to identify with ordinary and reasonable
  certainty the territory included in the zone;
               (2)  create a board of directors for the zone and
  specify the number of directors of the board as provided by Section
  311.009, [or] 311.0091, or 311.0092, as applicable;
               (3)  provide that the zone take effect immediately upon
  passage of the ordinance or order;
               (4)  provide a date for termination of the zone;
               (5)  assign a name to the zone for identification, with
  the first zone created by a municipality or county designated as
  "Reinvestment Zone Number One, City (or Town, as applicable) of
  (name of municipality)," or "Reinvestment Zone Number One, (name of
  county) County," as applicable, and subsequently created zones
  assigned names in the same form numbered consecutively in the order
  of their creation;
               (6)  establish a tax increment fund for the zone; and
               (7)  contain findings that:
                     (A)  improvements in the zone will significantly
  enhance the value of all the taxable real property in the zone and
  will be of general benefit to the municipality or county; and
                     (B)  the area meets the requirements of Section
  311.005.
         SECTION 3.  (a)  This section of this Act applies to a tax
  increment reinvestment zone to which Section 311.0092, Tax Code, as
  added by this Act, applies.
         (b)  Not later than January 1, 2019, the composition and
  number of members serving on the board of a tax increment
  reinvestment zone must comply with the requirements of Section
  311.0092, Tax Code, as added by this Act.
         (c)  Members required to be elected to the board of a tax
  increment reinvestment zone shall be elected beginning with the
  general election conducted in 2018.  Members then elected take
  office January 1, 2019.
         (d)  The change in the manner of selection of the board of
  directors of a tax increment reinvestment zone does not affect the
  selection of directors who serve on the board before January 1,
  2019.
         (e)  The term of a member of the board of directors serving on
  December 31, 2018, expires on January 1, 2019.
         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 September 1, 2017.
feedback