HB4308 - Relating to the creation of industrial development districts in certain counties; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

      By: Gates, McQueeney, Curry, Guillen, H.B. No. 4308       Reynolds     A BILL TO BE ENTITLED   AN ACT   relating to the creation of industrial development districts in   certain counties; providing authority to issue bonds; providing   authority to impose assessments, fees, or taxes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 12, Local Government Code, is   amended by adding Chapter 389 to read as follows:   CHAPTER 389. COUNTY INDUSTRIAL DEVELOPMENT DISTRICTS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 389.001.  DEFINITIONS. In this chapter:                 (1)     "Board" means the board of directors of the   district.                 (2)  "Director" means a member of the board.                 (3)     "District" means a county industrial development   district created under this chapter.                 (4)     "Primary job" has the meaning assigned by Section   501.002.                 (5)  "Project" includes:                       (A)     a project described by Section 501.101, other   than a port;                       (B)     the land, buildings, equipment, facilities,   expenditures, targeted infrastructure, and improvements that are:                             (i)     for the creation or retention of   primary jobs and found by the board to be required or suitable for   the development, retention, or expansion of advanced   manufacturing, operations, and industrial facilities or advanced   nuclear reactors; or                             (ii)     found by the board to be required or   suitable for use for a career center in the area to be benefited by   the district;                       (C)     job training required or suitable for the   promotion or development and expansion of business enterprises   described by this chapter; and                       (D)     expenditures that are found by the board to   be required or suitable for infrastructure necessary to promote or   develop new or expanded business enterprises, including:                             (i)     streets and roads, rail spurs, water   and sewer utilities, electric utilities, gas utilities, drainage,   site improvements, and related improvements; and                             (ii)     telecommunications and Internet   service improvements.           Sec.   389.002.     PURPOSE; DECLARATION OF INTENT. (a)   The   creation of a district is essential to accomplish the purposes of   Sections 52 and 52-a, Article III, and Section 59, Article XVI,   Texas Constitution, and other public purposes stated in this   chapter.             (b)     The creation of each district under this chapter is   necessary to promote, develop, encourage, and maintain employment,   commerce, transportation, housing, tourism, recreation, the arts,   entertainment, economic development, safety, and the public   welfare in the district.           (c)     The creation of a district may not be interpreted to   relieve a county or municipality from providing the level of   services provided to the area in the district as of the date the   district is created.   A district is created to supplement and not to   supplant county or municipality services provided in a district.           Sec.   389.003.     FINDINGS OF BENEFIT. (a)   Counties in this   state need incentives for the development of public improvements to   attract major industrial employers because counties are at a   disadvantage in competing with counties in other states for the   location and development of projects that attract major industrial   employers by virtue of the availability and prevalent use of   financial incentives in other states.           (b)     All land and other property included in the boundaries   of a district will benefit from the projects, improvements, and   services to be provided by the district under powers conferred by   Sections 52 and 52-a, Article III, and Section 59, Article XVI,   Texas Constitution, and other powers granted under this chapter.           (c)     The creation of a district is in the public interest and   is essential to further the public purposes of:                 (1)     developing and diversifying the economy of this   state;                 (2)  eliminating unemployment and underemployment; and                 (3)     developing or expanding transportation and   commerce.           (d)  A district will:                 (1)     promote the health, safety, and general welfare of   residents, employers, potential employees, employees, visitors,   and consumers in the district, and of the public; and                 (2)     promote the economic welfare of the citizens of   this state by providing incentives for the development of projects   that attract major industrial employers in order to increase   employment and economic activity.           (e)     A district will not act as the agent or instrumentality   of any private interest even though the district might benefit many   private interests as well as the public.           Sec.   389.004.     ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.   All or any part of the area of a district is eligible to be included   in:                 (1)     a tax increment reinvestment zone created under   Chapter 311, Tax Code; or                 (2)     a tax abatement reinvestment zone created under   Chapter 312, Tax Code.           Sec.   389.005.     GOVERNMENTAL AGENCY; TORT CLAIMS. Sections   375.004 and 383.062 apply to a district created under this chapter.           Sec.   389.006.     CONSTRUCTION OF CHAPTER. This chapter shall   be liberally construed in conformity with the findings and purposes   stated in this chapter.   SUBCHAPTER   B.     CREATION OF DISTRICTS           Sec.   389.051.   CREATION ELECTION. The commissioners court   of a county may order an election on the question of creating a   district under this chapter.           Sec.   389.052.     CONTENTS OF ORDER. The order calling an   election under Section 389.051 must:                 (1)     describe the boundaries of the proposed district   by metes and bounds or by lot and block number, if there is a   recorded map or plat and survey of the area; and                 (2)     call for the election to be held within those   boundaries.           Sec.   389.053.     CONDUCT OF ELECTION. (a)   The election must   be held in accordance with the provisions of the Election Code, to   the extent not inconsistent with this chapter.           (b)     The ballot must be printed to permit voting for or   against the proposition: "The creation of the _____________ County   Industrial Development District No.   ______."           Sec.   389.054.     RESULTS OF ELECTION. The district is created   if a majority of the votes received at the election favor the   creation of the district. If a majority of the votes received at the   election are against the creation of the district, the district is   not created.   A failure to approve the creation of a district under   this chapter does not affect the authority of the county to call one   or more elections on the question of creating one or more districts.   SUBCHAPTER C. DISTRICT ADMINISTRATION           Sec.   389.101.     BOARD OF DIRECTORS. (a)   A district is   governed by a board of nine directors appointed by the   commissioners court of the county in which the district is located.           (b)     Directors serve staggered four-year terms with four or   five members' terms expiring September 1 of every other year.           (c)     Notwithstanding Subsection (b), the first appointed   directors shall draw lots to determine:                 (1)     the four directors to serve terms that expire on   September 1 of the second year following creation of the district;   and                 (2)     the five directors to serve terms that expire on   September 1 of the fourth year following creation of the district.           Sec.   389.102.     QUALIFICATIONS FOR DIRECTORS. To serve as a   director, an individual must be:                 (1)  at least 21 years of age; and                 (2)     a qualified voter of the county in which the   district is located.           Sec.   389.103.     PERSONS DISQUALIFIED FROM SERVING. Section   49.052, Water Code, relating to disqualification of directors,   applies to directors of districts created under this chapter.           Sec.   389.104.     BOARD   VACANCY. A vacancy in the office of   director shall be filled by appointment by the commissioners court.           Sec.   389.105.     REMOVAL OF DIRECTOR. The commissioners   court, after notice and hearing, may remove a director for   misconduct or failure to carry out the director's duties on   petition by a majority of the remaining directors.           Sec.   389.106.     OFFICERS. After each appointment of   directors, and after the directors have qualified by taking the   proper oath, the directors shall elect a president, a vice   president, a secretary, and any other officers the board considers   necessary.           Sec.   389.107.     QUORUM; OFFICERS' DUTIES; MANAGEMENT OF   DISTRICT. Sections 49.053, 49.054, 49.057, and 49.058, Water Code,   relating to quorum, officers' duties, and management of the   district, govern the board of a district created under this   chapter.           Sec.   389.108.     DISTRICT OFFICE. The board shall designate   and establish a district office in the county.           Sec.   389.109.     MEETINGS AND NOTICE. (a)   The board may   establish regular meetings to conduct district business and may   hold special meetings at other times as the business of a district   requires.           (b)     Notice of the time, place, and purpose of any meeting of   the board shall be given by posting at a place convenient to the   public within the district.   A copy of the notice shall be furnished   to the clerk or clerks of the county in which the district is   located, who shall post the notice on a bulletin board in the county   courthouse used for that purpose.           (c)     Except as provided by this chapter, Chapter 551,   Government Code, applies to [Text truncated for display. Full text available on Congress.gov.]