Bill Text: TX SB1433 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to tax increment financing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to Natural Resources & Economic Development [SB1433 Detail]
Download: Texas-2021-SB1433-Introduced.html
87R6223 CJC-D | ||
By: Bettencourt | S.B. No. 1433 |
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relating to tax increment financing. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 311.004, Tax Code, is amended by adding | ||
Subsection (d) to read as follows: | ||
(d) For purposes of Subsection (a)(4), an order or ordinance | ||
designating a reinvestment zone that is adopted on or after | ||
September 1, 2021, must provide that the zone terminates not later | ||
than the 10th anniversary of the date on which the ordinance or | ||
order designating the zone is adopted. | ||
SECTION 2. Section 311.006(a), Tax Code, is amended to read | ||
as follows: | ||
(a) A municipality may not designate a reinvestment zone if: | ||
(1) more than 10 [ |
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proposed zone, excluding property that is publicly owned, is used | ||
for residential purposes; or | ||
(2) the total appraised value of taxable real property | ||
in the proposed zone and in existing reinvestment zones exceeds 10 | ||
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taxable real property in the municipality and in the industrial | ||
districts created by the municipality[ |
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SECTION 3. The heading to Section 311.007, Tax Code, is | ||
amended to read as follows: | ||
Sec. 311.007. CHANGING BOUNDARIES OR TERM OF EXISTING ZONE; | ||
LIMITATION ON EXTENSION OF TERM. | ||
SECTION 4. Section 311.007, Tax Code, is amended by | ||
amending Subsection (c) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(c) Subject to Subsections (d) and (e), the [ |
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body of the municipality or county that designated a reinvestment | ||
zone by ordinance or resolution or by order or resolution, | ||
respectively, may extend the term of all or a portion of the zone | ||
after notice and hearing in the manner provided for the designation | ||
of the zone. A taxing unit other than the municipality or county | ||
that designated the zone is not required to participate in the zone | ||
or portion of the zone for the extended term unless the taxing unit | ||
enters into a written agreement to do so. | ||
(d) Except as provided by Subsection (e), the term of all or | ||
any portion of a reinvestment zone may not be extended beyond the | ||
10th anniversary of the date on which the ordinance or order | ||
designating the zone is adopted. | ||
(e) This subsection applies only to a reinvestment zone | ||
designated before September 1, 2021, the term of which extends | ||
beyond the period prescribed by Subsection (d). A reinvestment | ||
zone to which this subsection applies must terminate on the earlier | ||
of: | ||
(1) the termination date expressed in the ordinance or | ||
order designating the zone or an earlier termination date | ||
designated by an ordinance, order, or resolution adopted under | ||
Subsection (c); or | ||
(2) the date on which all project costs, tax increment | ||
bonds and interest on those bonds, and other obligations of the zone | ||
have been paid in full. | ||
SECTION 5. Chapter 311, Tax Code, is amended by adding | ||
Section 311.0111 to read as follows: | ||
Sec. 311.0111. RESTRICTION ON BOARD'S AUTHORITY TO AMEND | ||
PLAN. The board of directors of a reinvestment zone may not adopt, | ||
and the governing body of a municipality may not approve, an | ||
amendment to the project plan if: | ||
(1) the median appraised value of taxable real | ||
property located in the zone equals or exceeds the median appraised | ||
value of taxable real property that is located outside the | ||
boundaries of the zone and that is within the designating | ||
municipality's corporate boundaries and extraterritorial | ||
jurisdiction; and | ||
(2) the amendment is required under Section 311.011(e) | ||
to be approved by ordinance adopted after a public hearing that | ||
satisfies the procedural requirements of Sections 311.003(c) and | ||
(d). | ||
SECTION 6. Sections 311.015(a) and (c), Tax Code, are | ||
amended to read as follows: | ||
(a) Subject to Subsection (c), a [ |
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designating a reinvestment zone may issue tax increment bonds or | ||
notes, the proceeds of which may be used to make payments pursuant | ||
to agreements made under Section 311.010(b), to pay project costs | ||
for the reinvestment zone on behalf of which the bonds or notes were | ||
issued, or to satisfy claims of holders of the bonds or notes. The | ||
municipality may issue refunding bonds or notes for the payment or | ||
retirement of tax increment bonds or notes previously issued by it. | ||
(c) Tax increment bonds and notes are issued by ordinance of | ||
the municipality after the [ |
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qualified voters of the municipality as provided by Section | ||
311.0151 [ |
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SECTION 7. Chapter 311, Tax Code, is amended by adding | ||
Section 311.0151 to read as follows: | ||
Sec. 311.0151. BOND ELECTION REQUIRED. (a) A municipality | ||
may issue tax increment bonds and notes under Section 311.015 as | ||
provided by this section. | ||
(b) A municipality may not authorize tax increment bonds and | ||
notes unless a majority of the municipality's qualified voters who | ||
vote at an election ordered for that purpose approve the issuance of | ||
the bonds and notes. | ||
(c) The municipality may order an election on the tax | ||
increment bonds and notes. The order must contain the same | ||
information contained in the notice of the election. | ||
(d) The municipality shall publish notice of the election at | ||
least once in a newspaper of general circulation in the | ||
municipality. The notice must be published not later than the 31st | ||
day before election day. | ||
(e) In addition to the contents of the notice required by | ||
the Election Code, the notice must state: | ||
(1) the amount of bonds or notes to be authorized; and | ||
(2) the maximum maturity of the bonds or notes. | ||
SECTION 8. (a) Section 311.006(a), Tax Code, as amended by | ||
this Act, applies only to a reinvestment zone designated on or after | ||
the effective date of this Act. A reinvestment zone designated | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the zone was designated, and the former law is | ||
continued in effect for that purpose. | ||
(b) Section 311.0111, Tax Code, as added by this Act, | ||
applies only to an amendment to a reinvestment zone project plan | ||
proposed on or after the effective date of this Act. An amendment | ||
proposed before the effective date of this Act is governed by the | ||
law in effect on the date the amendment was proposed, and the former | ||
law is continued in effect for that purpose. | ||
(c) Section 311.015, Tax Code, as amended by this Act, and | ||
Section 311.0151, Tax Code, as added by this Act, apply only to | ||
bonds or notes issued on or after the effective date of this Act. | ||
Bonds or notes issued before the effective date of this Act are | ||
governed by the law in effect on the date the bonds or notes were | ||
issued, and the former law is continued in effect for that purpose. | ||
SECTION 9. This Act takes effect September 1, 2021. |