Bill Text: TX SB1890 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to authorizing certain projects to be undertaken by economic development corporations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Natural Resources & Economic Development [SB1890 Detail]
Download: Texas-2019-SB1890-Introduced.html
86R4257 CLG-D | ||
By: Fallon | S.B. No. 1890 |
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relating to authorizing certain projects to be undertaken by | ||
economic development corporations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 501, Local Government | ||
Code, is amended by adding Sections 501.1031 and 501.108 to read as | ||
follows: | ||
Sec. 501.1031. CERTAIN GENERAL INFRASTRUCTURE PROJECTS. In | ||
this subtitle, "project" includes expenditures that are found by | ||
the board of directors to be suitable for general infrastructure, | ||
limited to the development, improvement, maintenance, or expansion | ||
of: | ||
(1) streets and roads; | ||
(2) water supply facilities; or | ||
(3) sewage facilities. | ||
Sec. 501.108. PROJECTS RELATED TO PUBLIC SAFETY. (a) In | ||
this subtitle, "project" includes expenditures that are found by | ||
the board of directors to be required or suitable for improving, | ||
enhancing, or supporting public safety, including: | ||
(1) expenditures for improving public safety | ||
facilities; | ||
(2) expenditures for public safety equipment and for | ||
first responders and other personnel; and | ||
(3) other expenditures that enhance the level of | ||
services provided by public safety facilities. | ||
(b) For purposes of this section, "first responder" has the | ||
meaning assigned by Section 421.095, Government Code. | ||
SECTION 2. Section 504.103(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) Except as otherwise provided by this section or Section | ||
501.1031, a Type A corporation may not undertake a project the | ||
primary purpose of which is to provide: | ||
(1) a transportation facility; | ||
(2) a solid waste disposal facility; | ||
(3) a sewage facility; | ||
(4) a facility for furnishing water to the general | ||
public; or | ||
(5) an air or water pollution control facility. | ||
SECTION 3. Subchapter D, Chapter 504, Local Government | ||
Code, is amended by adding Section 504.172 to read as follows: | ||
Sec. 504.172. AUTHORITY TO UNDERTAKE CERTAIN GENERAL | ||
INFRASTRUCTURE PROJECTS OR PUBLIC SAFETY PROJECTS; ELECTION. | ||
(a) Notwithstanding any other provision of this subtitle, a Type A | ||
corporation may not use proceeds from the sales and use tax or other | ||
corporate revenues to undertake the category of projects described | ||
by Section 501.1031 or the projects described by Section 501.108 | ||
unless the use of tax proceeds or other corporate revenues for those | ||
purposes is authorized by an election as provided by this section. | ||
(b) The governing body of a Type A 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: | ||
(1) the category of general infrastructure projects | ||
described by Section 501.1031; or | ||
(2) the public safety projects described by Section | ||
501.108. | ||
(c) A resolution ordering an election under Subsection (b) | ||
must be passed by majority vote of all members of the governing body | ||
of the corporation's authorizing municipality and entered in its | ||
minutes. | ||
(d) The governing body of a Type A corporation's authorizing | ||
municipality shall order an election on the question described by | ||
Subsection (b)(1) or (2) 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 on the | ||
question described by Subsection (b)(1) shall be printed to provide | ||
for voting for or against the proposition: "Allowing the use of | ||
Type A corporation sales tax funds and other corporate revenues for | ||
streets and roads, water supply facilities, or sewage facilities in | ||
the City of ________." | ||
(g) The ballot in an election under this section on the | ||
question described by Subsection (b)(2) shall be printed to provide | ||
for voting for or against the proposition: "Allowing the use of Type | ||
A corporation sales tax funds and other corporate revenues for | ||
improving, enhancing, or supporting public safety in the City of | ||
________." | ||
SECTION 4. 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 5. Subchapter D, Chapter 505, Local Government | ||
Code, is amended by adding Section 505.162 to read as follows: | ||
Sec. 505.162. AUTHORITY TO UNDERTAKE CERTAIN GENERAL | ||
INFRASTRUCTURE PROJECTS OR PUBLIC SAFETY PROJECTS; ELECTION. | ||
(a) 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 Section 501.1031 or the projects described by Section 501.108 | ||
unless the use of tax proceeds or other corporate revenues for those | ||
purposes is authorized by an election as provided by this section. | ||
(b) 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: | ||
(1) the category of general infrastructure projects | ||
described by Section 501.1031; or | ||
(2) the public safety projects described by Section | ||
501.108. | ||
(c) A resolution ordering an election under Subsection (b) | ||
must be passed by majority vote of all members of the governing body | ||
of the corporation's authorizing municipality 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 (b)(1) or (2) 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 on the | ||
question described by Subsection (b)(1) shall be printed to provide | ||
for voting for or against the proposition: "Allowing the use of | ||
Type B corporation sales tax funds and other corporate revenues for | ||
streets and roads, water supply facilities, or sewage facilities in | ||
the City of ________." | ||
(g) The ballot in an election under this section on the | ||
question described by Subsection (b)(2) shall be printed to provide | ||
for voting for or against the proposition: "Allowing the use of Type | ||
B corporation sales tax funds and other corporate revenues for | ||
improving, enhancing, or supporting public safety in the City of | ||
________." | ||
SECTION 6. 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, 2019. |