HBA-TYH, ALS, MAJ H.B. 313 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 313 By: Giddings Urban Affairs 7/21/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, there was no law authorizing a municipality to establish neighborhood empowerment zones. The establishment of such zones could have been a useful means of revitalizing distressed neighborhoods. H.B. 313 authorizes a municipality to create a neighborhood empowerment zone (zone) if it finds that the zone would benefit the public health, safety, and welfare of municipal residents. H.B. 313 also authorizes a municipality to: waive or adopt certain fees related to construction in the zone; enter into agreements to benefit the zone; grant sales tax refunds; grant municipal sales tax abatements; and enter into agreements abating municipal property taxes on property located in the zone, or abate municipal property taxes on property within the zone. 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 Subtitle A, Title 12, Local Government Code, by adding Chapter 378, as follows: CHAPTER 378. NEIGHBORHOOD EMPOWERMENT ZONE Sec. 378.001. DEFINITION. Defines "zone" as a neighborhood empowerment zone created by a municipality under this chapter. Sec. 378.002. CREATION OF ZONE. Authorizes a municipality to create a neighborhood empowerment zone (zone) covering a part of the municipality if it determines the zone would promote the creation of affordable housing, including manufactured housing; an increase in economic development; an increase in the quality of social services; education, or public safety; or the rehabilitation of affordable housing in the zone. Sec. 378.003. ADOPTION OF ZONE. Authorizes a municipality to create a zone if the governing body of the municipality adopts a resolution containing the determination described by Section 378.002, a description of the boundaries of the zone, a finding by the governing body that the zone would satisfy the requirements of Section 312.202 (Criteria for Reinvestment Zone), Tax Code , and a finding that the zone would benefit the public health, safety, and welfare of residents in the municipality. Authorizes a municipality to create more than one zone and include an area in more than one zone. Sec. 378.004. MUNICIPAL POWERS. Authorizes a municipality to waive or adopt certain fees related to construction of buildings in the zone; to enter into agreements that will not exceed a period of 10 years for the purpose of benefitting the zone, for sales tax refunds or abatements of municipal sales tax on sales made in the zone; to enter into agreements abating municipal property taxes on property in the zone, subject to the duration limits of Section 312.204 (Municipal Tax Abatement Agreement), Tax Code; set base line performance standards such as the Department of Energy's Energy Star Program to encourage using alternative building material to address environmental, building costs, maintenance, or energy consumption concerns. SECTION 2. Emergency clause. Effective date: upon passage.