HBA-TYH H.B. 3029 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3029
By: Oliveira
Economic Development
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

The sales tax for economic development has been an effective tool used by
cities throughout the state to promote economic development.  Although
authorization for the local option tax has been in effect only since 1989,
over 378 cities have levied an economic development sales tax.  The cities
that have voted to adopt this tax have cumulatively raised in excess of
$200 million dollars annually, which is dedicated to the promotion of local
economic development.   The purpose of this bill is to clarify and
strengthen the Development Corporation Act of 1979.  H.B. 3029 redefines
"project" to include targeted infrastructure and improvements to promote
new and expanded business development, job creation and retention, job
training, and educational facilities.  This bill provides that the costs of
a publicly owned and operated project that is purchased or constructed
under this section include the maintenance and operating costs of the
project.  This bill allows the public to petition for the dissolution of,
reduction in, or increase in the rate of a sales and use tax.  This bill
also exempts the projects from property taxation by local tax units. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2(10), Article 5190.6, V.T.C.S. (Development
Corporation Act of 1979), by redefining "project" to include targeted
infrastructure and improvements to promote new and expanded business
development, job creation and retention, job training, and educational
facilities.   

SECTION 2.  Amends Section 4A, Artcle 5190.6, V.T.C.S.(Development
Corporation Act of 1979), by adding Subsection (c-1), as follows: 

(c-1)  Provides that the costs of a publicly owned and operated project
that is purchased or constructed under this section include the maintenance
and operating costs of the project.  Authorizes the proceeds of taxes
imposed under this section to be used to pay the maintenance and operating
costs of a project, unless within 60 days of the date notice of this
specific use of the tax proceeds is first published, the governing body of
the city receives a petition from more than 10 percent of the registered
voters of the city requesting that an election be held before the tax
proceeds may be used to pay the maintenance and operating costs of a
project.  

SECTION 3.   Amends Section 4B, Article 5190.6, V.T.C.S. (Development
Corporation Act of 1979), by adding Subsection (e-1) and amending
Subsection (i), as follows: 
 
(e-1) Provides that in a city in which a sales and use tax for the benefit
of a corporation has been imposed under this section, in the same manner
and by the same procedure, the city by majority vote of the qualified
voters of the city voting at an election called and held for the purpose is
authorized to reduce or increase the tax.  Authorizes the rate to be
reduced in one or more increments of one-eighth of one percent to a minimum
of one-eighth of one percent or increased in one or more increments of
one-eighth of one  percent to a maximum of one-half of one percent.
Requires the governing body of the city, on petition of 10 percent or more
of the registered voters of the city requesting an election on the increase
or reduction of the tax under this section, to order an election on the
issue.  Requires the ballot, in an election to increase or reduce the tax
under this section, to be printed to provide for voting for or against the
proposition.  Sets forth the specific language to be placed on the ballot.  

(i)  Requires the governing body, on petition of 10 percent or more of the
registered voters of the city requesting an election on the dissolution of
the corporation, to order an election on the issue at the next available
uniform election date that is within 45 days of the date on which the
petition is filed.  Provides that the election must be conducted according
to the applicable provisions of the Election Code.  Requires the ballot for
the election to be printed to provide for voting for or against the
proposition: "Dissolution of the ___________________ (name of the
corporation)."  Requires the corporation, if a majority of voters voting on
the issue approve the dissolution, to continue operations only as necessary
to pay the principal of and interest on its bonds and to meet obligations
incurred before the date of the election and, to the extent practicable, to
dispose of its assets and apply the proceeds to satisfy those obligations.
Requires any remaining assets of the corporation, when the last of the
obligations is satisfied, to be transferred to the city, and provides that
the corporation is dissolved.  Prohibits a tax, rather than a sales and use
tax, imposed under this section from being collected after the last day of
the first calendar quarter beginning, rather than occurring, after
notification to the comptroller by the corporation that the last of its
obligations is satisfied.  Deletes text providing that certain bonds and
obligations have been set aside in a trust account dedicated to the payment
of the bonds and other obligations. 

SECTION 4.  Amends Article 5190.6, V.T.C.S.(Development Corporation Act of
1979), by adding Section 4D, as follows: 
 
Sec. 4D.   Provides that the legislature finds for all constitutional and
statutory purposes that projects are owned, used, and held for public
purposes for and on behalf of the eligible city incorporating the
corporation, and that Section 23(b) (Powers of Corporation) of this article
and Section 25.07(a) (Leasehold and Other Possessory Interests in Exempt
Property), Tax Code, are not applicable to leasehold or other possessory
interests granted by the corporation during the period projects are owned
by the corporation on behalf of the eligible city. Provides that projects
are exempt from taxation under Section 11.11 (Public Property), Tax Code,
for that period.  

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.