HBA-SEP H.B. 3532 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3532
By: Coleman
Ways & Means
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

Areas with major transportation nodes are often areas of poverty and
economic distress.  Incentives that address economic development,
education, and quality of life may be necessary to prompt people to take
advantage of proximity to major transportation nodes and to reinvest in
these areas of the community.  Tax increment reinvestment zones have proven
to achieve these goals,  but only municipalities are authorized to create
them.  This practice  limits unincorporated areas of counties that have
similar economic development needs.   House Bill 3532 creates a commercial
and industrial development zone with its own nongovernmental board to
administer its activities and extends the authority to create a zone to
counties. 

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. 

ANALYSIS

House Bill 3532 amends the Local Government, Transportation, and Tax codes
relating to economic development by local governmental entities.  The bill
amends the Local Government Code to create a commercial and industrial
development zone (zone) to promote and encourage commercial and workforce
development  and to set forth eligibility provisions.  The bill prohibits a
municipality from containing within its jurisdiction or a county in its
unincorporated areas more than three zones and provides that creation of a
zone does not affect the number of enterprise zones that may be designated
in a municipality or county. Each creating body must hold a public hearing
before adopting an ordinance order and the governing body of a county is
prohibited from designating territory in the jurisdiction of a municipality
as part of a proposed zone unless the governing body also designates the
territory.  The bill provides that a zone is a political subdivision of the
state and a special district (Secs. 386.031 and 386.033).   

The bill sets forth requirements for an ordinance or order (order)
designating an area as a zone including a summarization of certain area
business incentives or programs.  The bill does not prohibit a municipality
or county from extending additional incentives to business enterprises in a
zone by a separate order (Sec. 386.034).  A creating body is authorized to
allow one quarter of one percent of a local property tax increment to fund
a zone.  On adoption of an order by each creating body, the fund is
authorized to be used to pay salaries of the employees of the board of
directors and administrative expenses (Sec. 386.035). A creating body, by
order, is authorized to amend the boundary of a zone after a public hearing
on the issue if the entire zone continues to meet unemployment or economic
distress requirements.  A creating body is prohibited from making more than
one boundary amendment for a development zone in a calendar year and if
more than one body created the zone, each body must agree on the amendment
by order (Sec. 386.036).   

The bill sets forth provisions regarding the composition, terms,
qualification, disqualification, vacancies, removal, organization, duties,
meetings, compensation, and bond of oath of a zone's board of directors
(Secs. 386.061-386.069).  The zone is authorized to acquire and dispose of
projects and has the powers, authority, rights, and duties that are
necessary to permit the accomplishment of purposes for which the zone  was
created.  The zone is also authorized to provide for general promotion of
and tourist information regarding the zone and its vicinity and for a
marketing program to attract visitors and to conduct those activities under
contracts for professional services.  A zone is further authorized to enter
into a memorandum of understanding with any state agency to further the
economic development of the zone (Sec. 386.101).  The bill requires the
board to evaluate all options available to the zone as an alternative to
imposing a tax (Sec. 386.102).   

The board is required to monitor each person in a zone who receives
benefits and on the board's request, the Texas Workforce Commission (TWC)
or the office of the comptroller of public accounts (comptroller) is
required to provide to the board tax records of a person who receives
benefits (Sec. 386.104).  The board is authorized to designate an area as a
zone if the area is adjacent to the zone and eligible for inclusion.  A
zone is authorized to exercise the powers available to it in such an area
(Sec. 386.105).  A zone may sue and be sued and service of process in a
suit may be had by serving a director (Sec. 386.106).  The bill authorizes
a zone's money to be disbursed only by certain means and provides who is
authorized to disburse the money (Sec. 386.201).  Provisions regarding
competitive bidding apply to a zone as if the zone were a municipal
management district (Sec. 386.202).   

After a hearing and under certain criteria, a creating body is authorized
to dissolve a zone.  Such a dissolution does not affect the validity of a
tax incentive or regulatory relief granted or accrued before the removal or
the validity of a bond issued (Sec. 386.301).  A board is authorized to
petition a creating body to dissolve the zone if a majority of the board
finds that before the authorization of bonds or the final lending of its
credit, the continuation of the zone is impractical or cannot be
successfully and beneficially accomplished or that all debts are paid and
the purposes accomplished (Sec. 386.302).  On dissolution of a zone, any
taxes levied on behalf of the zone are abolished (Sec. 386.303).   

The Transportation Code is amended to provide that a local government
corporation (corporation) is not subject to a competitive bidding
requirement or other restriction imposed on the procedure related to the
lease, sale, or other disposition of real property.  A corporation created
after September 1, 1999, by a municipality for the purpose of the
development of a convention center hotel project  or water treatment and
distribution facilities is exempt from competitive bidding requirements and
other restrictions on the award of contracts for the limited purpose of
completing a project initiated prior to December 31, 2000. Any expansion of
the treatment facility is also exempt (Sec. 431.101).  Provisions regarding
the regulation of conflicts of interest of officers of municipalities,
counties, and certain other local governments apply to the award of
contracts by a corporation (Sec. 431.110).  Not later than February 1 of
each year, the board of a corporation is required to submit to the
comptroller a report in the required form which is prohibited from
exceeding one page in length.  The bill sets forth report requirements and
requires a copy of the annual report to be submitted to the local
government that created the corporation (Sec. 431.111).   

The bill amends the Tax Code to specify that the Tax Increment Financing
Act applies to counties as well as municipalities.  The bill authorizes the
governing body of a county with a population in excess of 2.1 million to
designate an area to be a reinvestment zone in an unincorporated area (Sec.
311.002 and 311.100).   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.