reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379A - Municipal Development Corporations › Subchapter E. Sales and Use Tax › Section 379A.081. Sales and Use Tax

Sec. 379A.081.  SALES AND USE TAX.  (a)  A municipality may levy a sales and use tax for the benefit of the corporation if the tax is authorized by a majority of the voters of the municipality voting at an election called for that purpose.
(b)  The ballot for an election to impose the tax shall be printed to permit voting for or against the proposition:  "Adoption of a sales and use tax at the rate of ____ of one percent (insert one-eighth, one-fourth, three-eighths, or one-half, as appropriate) for the purpose of financing authorized programs of the ____ Municipal Development Corporation (insert the name of the corporation)."
(c)  The adoption of the tax may be limited on the ballot to any specific program, or the tax may be adopted with general language permitting the use of the tax for any purposes authorized by this chapter.
(d)  If a sales and use tax is levied, it may be adopted for a maximum of 20 years, but may then be reauthorized, subject to a payment of indebtedness.  The tax may be authorized for a shorter period of time or limited to the time necessary to pay any indebtedness.
(e)  The rate of a tax adopted under this section must be one-eighth, one-fourth, three-eighths, or one-half of one percent.  A municipality may not adopt a sales and use tax under this chapter if the adoption of the tax under this chapter would result in a combined tax rate of all local sales and use taxes of more than two percent in any location in the municipality.
(f)  Chapter 321, Tax Code, governs a municipality's imposition, computation, administration, collection, and remittance of a tax authorized by this section except as inconsistent with this chapter.
Added by Acts 2001, 77th Leg., ch. 149, Sec. 1, eff. May 16, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379A - Municipal Development Corporations › Subchapter E. Sales and Use Tax › Section 379A.082. Election to Change Rate of Tax

Sec. 379A.082.  ELECTION TO CHANGE RATE OF TAX.  (a)  A municipality that has adopted a sales and use tax under this chapter at a rate of less than one-half of one percent may increase or decrease the rate of the tax if the increase or decrease is approved by a majority of the voters of the municipality voting at an election called and held for that purpose.
(b)  The tax may be increased or decreased under this section in one or more increments of one-eighth of one percent, but a maximum of one-half of one percent is permitted.
(c)  The ballot for an election to increase or decrease the tax shall be printed to permit voting for or against the proposition:  "The ________ (increase or decrease, as appropriate) of a sales and use tax to the rate of ____ of one percent (insert one-eighth, one-fourth, three-eighths, or one-half, as appropriate) for the purpose of financing authorized programs of the ________ Municipal Development Corporation (insert the name of the corporation)."
(d)  Notwithstanding Subsections (a)-(c), in a municipality that is located within the territorial limits of a regional transportation authority and was added to the authority under Section 452.6025, Transportation Code, a sales and use tax imposed by the municipality under this subchapter is subject to reduction in the manner prescribed by that section.
Added by Acts 2001, 77th Leg., ch. 149, Sec. 1, eff. May 16, 2001.  Amended by Acts 2003, 78th Leg., ch. 915, Sec. 5, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379A - Municipal Development Corporations › Subchapter E. Sales and Use Tax › Section 379A.083. Imposition of Tax

Sec. 379A.083.  IMPOSITION OF TAX.  (a)  If the municipality adopts the tax, a tax is imposed on the receipts from the sale at retail of taxable items in the municipality at the rate approved at the election, and an excise tax is imposed on the use, storage, or other consumption in the municipality of tangible personal property purchased, leased, or rented from a retailer during the period that the tax is effective in the municipality.  The rate of the excise tax is the same as the rate of the sales tax portion of the tax and is applied to the sale price of the tangible personal property.
(b)  The adoption of the tax or the change of the tax rate takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete quarter occurring after the date the comptroller receives a notice of the results of the election adopting, increasing, or decreasing the tax.
Added by Acts 2001, 77th Leg., ch. 149, Sec. 1, eff. May 16, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.001. Definitions

Sec. 379B.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means a defense base development authority established under this chapter.
(2)  "Base efficiency project" means a demonstration project between a municipality and the United States Department of Defense to evaluate and demonstrate methods for more efficient operation of military installations through improved capital asset management and greater reliance on the public or private sector for less costly base support services and to improve mission effectiveness and reduce the cost of providing quality installation support at military facilities under Pub. L. No. 106-246 or other applicable federal laws.
(3)  "Base property" means land inside the boundaries of the defense base for which the authority is established and improvements and personal property on that land.
(4)  "Board" means the board of directors of the authority.
(5)  "Bond" means an interest-bearing obligation issued by an authority under this chapter, including a bond, certificate, note, or other evidence of indebtedness.
(6)  "Defense base" means a military installation or facility that is:
(A)  closed or realigned under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note) and its subsequent amendments;  or
(B)  the subject of a base efficiency project.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 257, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 378.001 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.0012. Application of Other Law

Sec. 379B.0012.  APPLICATION OF OTHER LAW.  (a)  In this section, "qualifying project" means any real estate project involving the construction of:
(1)  tenant finish-out or construction of a build-to-suit facility for a tenant who, through the execution of a lease with an authority, pays for or reimburses the authority for the cost of the improvements;
(2)  infrastructure improvements, including roads, driveways, or utility extensions, made in connection with the sale or lease of property owned by the authority and for which the proceeds of the sale or the lease are used to reimburse the authority for the infrastructure improvements; or
(3)  an income-producing facility that generates revenue for the authority and that is constructed by a private developer with special expertise in development.
(b)  Chapters 2267 and 2269, Government Code, do not apply to a qualifying project of an authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1294 (H.B. 2388), Sec. 1(b), eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.002. Establishment; Successor

Sec. 379B.002.  ESTABLISHMENT;  SUCCESSOR.  (a)  A municipality by resolution may establish an authority.  The resolution must include a legal description of the base property.  On adoption of the resolution, the authority is established as a special district and political subdivision of this state, with a boundary coterminous with the base property described in the resolution.
(b)  When establishing an authority, the municipality may designate the authority in the municipality's resolution to be the successor in interest to a nonprofit corporation organized under the Development Corporation Act (Subtitle C1, Title 12).  On adoption of the resolution, the corporation is dissolved and the authority succeeds to all rights and liabilities of that corporation.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Local Government Code Sec. 378.002 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.24, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.003. Purpose and Nature of Authority

Sec. 379B.003.  PURPOSE AND NATURE OF AUTHORITY.  (a)  An authority is created to:
(1)  accept title to or operate under a lease from the United States or any other person all or a part of the base property and areas around the base property and engage in the economic development of the base property and areas around the base property;  or
(2)  carry out a base efficiency project.
(b)  An authority created under Subsection (a)(2) may not operate a defense base that has been closed or realigned under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note) and its subsequent amendments.
(c)  An authority exercises public and essential governmental functions.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 257, Sec. 2, eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 378.003 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.0041. Inland Port and Trade Powers

Sec. 379B.0041.  INLAND PORT AND TRADE POWERS.  (a)  The authority may establish and operate an inland port and related port facilities to engage in world trade.
(b)  The authority may participate in national and international agreements advancing world trade at the port.
Added by Acts 2007, 80th Leg., R.S., Ch. 1120 (H.B. 3879), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1382 (S.B. 1237), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.0042. Services

Sec. 379B.0042.  SERVICES.  An authority may charge for a service provided, including:
(1)  professional consultation services provided in relation to international trade, planning, land use, or construction;
(2)  real estate development services, including an employee licensed under Chapter 1101, Occupations Code, acting as a broker;
(3)  support or participation in the acquisition of venture capital to finance the authority's redevelopment project, both inside and outside the authority;
(4)  participation in or assistance on a joint venture composed of both public and private entities;
(5)  promotion of an activity that creates employment opportunities; and
(6)  any other service provided in relation to a project undertaken by the authority, alone or with others, to fulfill an authority purpose or objective.
Added by Acts 2011, 82nd Leg., R.S., Ch. 702 (H.B. 447), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.0043. Transportation Project

Sec. 379B.0043.  TRANSPORTATION PROJECT.  (a)  An authority may implement a transportation project:
(1)  on the base property; or
(2)  outside of the base property to provide access to the base property.
(b)  An authority may enter into an agreement with any person, including another governmental entity, to plan, finance, construct, or maintain a project described by Subsection (a).
(c)  An authority may construct a building, loading dock, or other facility as part of a transportation project described by Subsection (a)(1).
Added by Acts 2011, 82nd Leg., R.S., Ch. 702 (H.B. 447), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.0045. Eminent Domain

Sec. 379B.0045.  EMINENT DOMAIN.  (a)  An authority or an authority whose subject property is within the territorial limits of a municipality may exercise the power of eminent domain to acquire property in the base property or in an area surrounding the base only in the manner provided by Chapter 21, Property Code.
(b)  Before the authority initiates an eminent domain proceeding to acquire property, the board must:
(1)  adopt a master development and redevelopment plan for the property in the base property or in an area surrounding the base and incorporate and approve the plan as part of the master plan of the municipality in which the base property is located; and
(2)  find, after conducting a public hearing, that:
(A)  notice of the hearing was published in a newspaper of general circulation in the municipality in which the base property is located not later than the 15th day before the date of the hearing;
(B)  the property lies in a redevelopment project designated under Section 379B.009; and
(C)  the use of eminent domain is necessary to acquire the property to carry out the essential objectives of the master development and redevelopment plan as approved by the municipality.
Added by Acts 2003, 78th Leg., ch. 1116, Sec. 1, eff. June 20, 2003.
Renumbered from Local Government Code, Section 378.0045 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(67), eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1120 (H.B. 3879), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1382 (S.B. 1237), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.005. Suits; Indemnity

Sec. 379B.005.  SUITS;  INDEMNITY.  (a)  An authority may sue and be sued.
(b)  In a suit against an authority, process may be served on the president, vice president, or registered agent.
(c)  An authority may not be required to give a bond on an appeal or writ of error taken in a civil case that the authority is prosecuting or defending.
(d)  An authority may indemnify an authority employee or board member or a former authority employee or board member for necessary expenses and costs, including attorney's fees, incurred by that person in connection with a claim asserted against that person if:
(1)  the claim relates to an act or omission of the person when acting in the scope of the person's board membership or authority employment;  and
(2)  the person has not been found liable or guilty on the claim.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Local Government Code Sec. 378.005 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.006. Utilities for Authorities Created in Populous Municipality

Sec. 379B.006.  UTILITIES FOR AUTHORITIES CREATED IN POPULOUS MUNICIPALITY.  (a)  This section applies only to an authority created by a municipality with a population of 50,000 or more.
(b)  An authority may accept an electric, gas, potable water, or sanitary sewage utility conveyed by the United States but may not operate it.
(c)  An authority shall convey a utility received under Subsection (b) to the municipality that established the authority.  The municipality shall pay the authority fair market value for the utility.
(d)  If state or federal law prohibits the operation or ownership of the utility by the municipality, the municipality shall convey the utility to an entity that may operate it.  The municipality may charge fair market value for the conveyance.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 1069, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 378.006 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.0065. Utilities for Authorities Created in Less Populous Municipality

Sec. 379B.0065.  UTILITIES FOR AUTHORITIES CREATED IN LESS POPULOUS MUNICIPALITY.  (a)  This section applies only to an authority created by a municipality with a population of less than 50,000.
(b)  An authority may own an electric, sewer service, or water supply utility and may sell those utility services to a person who leases real property from the authority.
Added by Acts 2001, 77th Leg., ch. 1069, Sec. 2, eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 378.0065 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.007. Board of Directors

Sec. 379B.007.  BOARD OF DIRECTORS.  (a)  The board consists of 11 members.
(b)  The board is responsible for the management, operation, and control of the authority.
(c)  The governing body of the municipality that established the authority shall appoint each board member to a term not exceeding two years.
(d)  A vacancy on the board is filled in the same manner as the original appointment.
(e)  The municipality may remove a board member by adopting a resolution.
(f)  The members of the board shall elect from its membership:
(1)  a president and vice president or a chairperson and vice chairperson; and
(2)  a secretary and a treasurer.
(f-1)  The board by rule may provide for the election of other officers.
(g)  A board member serves without compensation but may be reimbursed for a reasonable and necessary expense incurred in the performance of an official duty.
(h)  The board shall adopt rules for its proceedings and may employ and compensate persons to carry out the powers and duties of the authority.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 1069, Sec. 3, eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 378.007 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 367 (H.B. 1345), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.0075. Additional Requirements for Board of Directors Created in Less Populous Municipality

Sec. 379B.0075.  ADDITIONAL REQUIREMENTS FOR BOARD OF DIRECTORS CREATED IN LESS POPULOUS MUNICIPALITY.  (a)  In this section, "county" means the county in which the majority of the municipality that created the authority is located.
(b)  This section applies only to an authority created by a municipality with a population of less than 50,000.
(c)  Each board member serves a two-year term and is appointed as follows:
(1)  the county shall appoint four members, including a member of the county's governing body;
(2)  junior colleges located in whole or in part in the county, if any, jointly shall appoint three members;  and
(3)  the municipality that established the authority shall appoint:
(A)  four members, including a member of the municipality's governing body, if the county in which the authority is located contains a junior college;  or
(B)  seven members, including a member of the municipality's governing body, if the county in which the authority is located does not contain a junior college.
(d)  The entity that appoints a board member may remove a board member by adopting a resolution or order, as appropriate.
(e)  Sections 378.007(c) and (e) do not apply to an authority to which this section applies.
Added by Acts 2001, 77th Leg., ch. 1069, Sec. 4, eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 378.0075 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.008. Powers and Duties of Board

Sec. 379B.008.  POWERS AND DUTIES OF BOARD.  (a)  The board of an authority shall, if consistent with the purposes for which the authority was created under Section 378.003:
(1)  monitor the proposed closing of the defense base;
(2)  manage and operate the defense base transition and development on behalf of the municipality that established the authority;
(3)  review options related to the most appropriate use of the defense base;
(4)  conduct a study on issues related to the closure, conversion, redevelopment, and future use of the defense base;
(5)  formulate, adopt, and implement a plan to convert and redevelop the defense base;
(6)  submit the plan to an appropriate agency or agencies of the federal government;  and
(7)  manage the property used for a base efficiency project.
(b)  For the base property and areas adjacent to the base property the board shall:
(1)  promote economic development;
(2)  attempt to reduce unemployment;
(3)  encourage the development of new industry by private businesses;  and
(4)  encourage financing of projects designated under Section 379B.009.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 257, Sec. 3, eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 378.008 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), 3(34), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.0085. Hearings by Telephone or Similar Means

Sec. 379B.0085.  HEARINGS BY TELEPHONE OR SIMILAR MEANS.  (a)  As an exception to Chapter 551, Government Code, and other law, if the chairperson, president, vice chairperson, or vice president of a board, or chairperson or vice chairperson of a board committee, is physically present at a meeting of the board or committee, any number of the other members of the board or committee may attend the meeting by use of telephone conference call, video conference call, or other similar telecommunication device.  This subsection applies for purposes of constituting a quorum, for purposes of voting, and for any other purpose allowing a board or committee member to otherwise fully participate in any board or committee meeting.  This subsection applies without exception with regard to the subject of the meeting or topics considered by the members.
(b)  A meeting held by use of telephone conference call, video conference call, or other similar telecommunication device:
(1)  is subject to the notice requirements applicable to other meetings;
(2)  must specify in the notice of the meeting the location of the meeting at which the president, vice president, chairperson, or vice chairperson will be physically present;
(3)  must be open to the public and audible to the public at the location specified in the notice of the meeting as the location of the meeting at which the president, vice president, chairperson, or vice chairperson will be physically present; and
(4)  must provide two-way audio communication between all board or committee members attending the meeting during the entire meeting, and if the two-way audio communication link with any member attending the meeting is disrupted at any time, the meeting may not continue until the two-way audio communication link is reestablished.
Added by Acts 2007, 80th Leg., R.S., Ch. 1120 (H.B. 3879), Sec. 3, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1382 (S.B. 1237), Sec. 3, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 367 (H.B. 1345), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.009. Redevelopment Projects

Sec. 379B.009.  REDEVELOPMENT PROJECTS.  (a)  The board may designate as a redevelopment project a project that relates to:
(1)  the development of base property and the surrounding areas; or
(2)  the development of property directly related to the purposes or goals of the authority.
(b)  A project designated under Subsection (a) is for a public purpose.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Local Government Code Sec. 378.009 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1120 (H.B. 3879), Sec. 4, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1382 (S.B. 1237), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.010. Bonds

Sec. 379B.010.  BONDS.  (a)  An authority may issue bonds if authorized by board resolution.
(b)  A bond issued under this chapter must:
(1)  be payable solely from authority revenue;
(2)  mature not later than 40 years after its date of issuance;  and
(3)  state on its face that it is not an obligation of this state or the municipality.
(c)  An authority issuing bonds under this section may exercise the powers granted to the governing body of an issuer with regard to the issuance of obligations and the execution of credit agreements under Chapter 1371, Government Code.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 1516, Sec. 2, eff. June 17, 2001.  Renumbered from Local Government Code Sec. 378.010 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 873 (S.B. 1090), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.011. Tax Exemptions

Sec. 379B.011.  TAX EXEMPTIONS.  (a)  An authority's property, income, and operations are exempt from taxes imposed by the state or a political subdivision of the state.
(b)  Section 25.07(a), Tax Code, applies to a leasehold or other possessory interest in real property granted by an authority for a project designated under Section 379B.009(a) in the same manner as it applies to a leasehold or other possessory interest in real property constituting a project described by Section 505.161, except for the requirement in Section 505.161 that the voters of the municipality that created the authority have authorized the levy of a sales and use tax for the benefit of the authority.
(c)  A commercial aircraft to be used as an instrumentality of commerce that is under construction inside the authority is presumed to be in interstate, international, or foreign commerce and not located in this state for longer than a temporary period for purposes of Sections 11.01 and 21.02, Tax Code.
(d)  Tangible personal property located inside the authority is presumed to be in interstate, international, or foreign commerce and not located in this state for longer than a temporary period for purposes of Sections 11.01 and 21.02, Tax Code, if the owner demonstrates to the chief appraiser for the appraisal district in which the authority is located that the owner intends to incorporate the property into or attach the property to a commercial aircraft described by Subsection (c).
(e)  In this section, "commercial aircraft" means an aircraft under construction that is designed to be used as described by Section 21.05(e), Tax Code.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Local Government Code Sec. 378.011 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), 3(35), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 873 (S.B. 1090), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.25, eff. April 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1378 (H.B. 1348), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.012. Dissolution for Authorities Created in Populous Municipality

Sec. 379B.012.  DISSOLUTION FOR AUTHORITIES CREATED IN POPULOUS MUNICIPALITY.  (a)  This section applies only to an authority created by a municipality with a population of 50,000 or more.
(b)  The governing body of a municipality that established the authority by resolution may dissolve the authority after all debts or obligations of the authority have been satisfied.
(c)  Property of the authority that remains after dissolution is conveyed to the municipality.
Added by Acts 1999, 76th Leg., ch. 1221, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 1069, Sec. 5, eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 378.012 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379B - Defense Base Development Authorities › Section 379B.013. Dissolution for Authorities Created in Less Populous Municipality

Sec. 379B.013.  DISSOLUTION FOR AUTHORITIES CREATED IN LESS POPULOUS MUNICIPALITY.  (a)  In this section, "county" means the county in which the majority of the municipality that created the authority is located.
(b)  This section applies only to an authority created by a municipality with a population of less than 50,000.
(c)  The authority may be dissolved if:
(1)  all debts or obligations of the authority have been satisfied;  and
(2)  the dissolution is authorized by order or resolution of:
(A)  the governing body of the municipality that established the authority;
(B)  the county;  and
(C)  each junior college in the county, if the county in which the authority is located contains a junior college.
(d)  Property of the authority that remains after dissolution is conveyed to the municipality.
Added by Acts 2001, 77th Leg., ch. 1069, Sec. 6, eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 378.013 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(108), eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.001. Short Title

Sec. 379C.001.  SHORT TITLE.  This chapter may be cited as the Urban Land Bank Demonstration Program Act.
Added by Acts 2003, 78th Leg., ch. 299, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.002. Applicability

Sec. 379C.002.  APPLICABILITY.  This chapter applies only to home-rule municipalities that:
(1)  have a population of 1.18 million or more; and
(2)  are located predominantly in a county that has a total area of less than 1,300 square miles.
Added by Acts 2003, 78th Leg., ch. 299, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1085 (H.B. 3447), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.003. Definitions

Sec. 379C.003.  DEFINITIONS.  In this chapter:
(1)  "Community housing development organization" or "organization" means an organization that:
(A)  meets the definition of a community housing development organization in 24 C.F.R. Section 92.2;  and
(B)  is certified by the municipality as a community housing development organization.
(2)  "Land bank" means an entity established or approved by the governing body of a municipality for the purpose of acquiring, holding, and transferring unimproved real property under this chapter.
(3)  "Low income household" means a household with a gross income of not greater than 115 percent of the area median family income, adjusted for household size, for the metropolitan statistical area in which the municipality is located, as determined annually by the United States Department of Housing and Urban Development.
(4)  "Qualified participating developer" means a developer who meets the requirements of Section 379C.005 and includes a qualified organization under Section 379C.011.
(5)  "Urban land bank demonstration plan" or "plan" means a plan adopted by the governing body of a municipality as provided by Section 379C.006.
(6)  "Urban land bank demonstration program" or "program" means a program adopted under Section 379C.004.
Added by Acts 2003, 78th Leg., ch. 299, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.004. Urban Land Bank Demonstration Program

Sec. 379C.004.  URBAN LAND BANK DEMONSTRATION PROGRAM.  (a)  The governing body of a municipality may adopt an urban land bank demonstration program in which the officer charged with selling real property ordered sold pursuant to foreclosure of a tax lien may sell certain eligible real property by private sale for affordable housing development or other purposes as provided by this chapter.
(b)  The governing body of a municipality that adopts an urban land bank demonstration program shall establish or approve a land bank for the purpose of acquiring, holding, and transferring unimproved real property under this chapter.
Added by Acts 2003, 78th Leg., ch. 299, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 721 (H.B. 1289), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.005. Qualified Participating Developer

Sec. 379C.005.  QUALIFIED PARTICIPATING DEVELOPER.  To qualify to participate in an urban land bank demonstration program, a developer must:
(1)  have built one or more housing units within the three-year period preceding the submission of a proposal to the land bank seeking to acquire real property from the land bank;
(2)  have a development plan approved by the municipality for the land bank property; and
(3)  meet any other requirements adopted by the municipality in the urban land bank demonstration plan.
Added by Acts 2003, 78th Leg., ch. 299, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1037 (H.B. 2840), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.006. Urban Land Bank Demonstration Plan

Sec. 379C.006.  URBAN LAND BANK DEMONSTRATION PLAN.  (a)  A municipality that adopts an urban land bank demonstration program shall operate the program in conformance with an urban land bank demonstration plan.
(b)  The governing body of a municipality that adopts an urban land bank demonstration program shall adopt a plan annually.  The plan may be amended from time to time.
(c)  In developing the plan, the municipality shall consider other housing plans adopted by the municipality, including the comprehensive plan submitted to the United States Department of Housing and Urban Development and all fair housing plans and policies adopted or agreed to by the municipality.
(d)  The plan must include the following:
(1)  a list of community housing development organizations eligible to participate in the right of first refusal provided by Section 379C.011;
(2)  a list of the parcels of real property that may become eligible for sale to the land bank during the upcoming year;
(3)  the municipality's plan for affordable housing development on those parcels of real property;  and
(4)  the sources and amounts of funding anticipated to be available from the municipality for subsidies for development of affordable housing in the municipality, including any money specifically available for housing developed under the program, as approved by the governing body of the municipality at the time the plan is adopted.
Added by Acts 2003, 78th Leg., ch. 299, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.007. Public Hearing on Proposed Plan

Sec. 379C.007.  PUBLIC HEARING ON PROPOSED PLAN.  (a)  Before adopting a plan, a municipality shall hold a public hearing on the proposed plan.
(b)  The city manager or the city manager's designee shall provide notice of the hearing to all community housing development organizations and to neighborhood associations identified by the municipality as serving the neighborhoods in which properties anticipated to be available for sale to the land bank under this chapter are located.
(c)  The city manager or the city manager's designee shall make copies of the proposed plan available to the public not later than the 60th day before the date of the public hearing.
Added by Acts 2003, 78th Leg., ch. 299, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.009. Subsequent Resale by Land Bank

Sec. 379C.009.  SUBSEQUENT RESALE BY LAND BANK.  (a)  Except as provided by Subsection (a-1), each subsequent resale of property acquired by a land bank under this chapter must comply with the conditions of this section.
(a-1)  Notwithstanding any other law, this section does not apply to property sold to an eligible adjacent property owner under Section 379C.0106.
(b)  Except as provided by Subsection (b-1), the land bank must sell a property to a qualified participating developer within the four-year period following the date of acquisition for the purpose of construction of affordable housing for sale or rent to low income households.
(b-1)  Before the completion of the four-year period described by Subsection (b), the land bank may, subject to Section 379C.0106:
(1)  transfer property that the land bank determines is not appropriate for residential development to the taxing units described by Subsection (b); or
(2)  sell property described by Subdivision (1) to a political subdivision or a nonprofit organization.
(b-2)  If after four years a qualified participating developer has not purchased the property, the property shall be transferred from the land bank to the taxing units who were parties to the judgment for disposition as otherwise allowed under the law.
(c)  Unless the municipality increases the amount in its plan, the number of properties acquired by a qualified participating developer under this section on which development has not been completed may not at any given time exceed three times the annual average residential production completed by the qualified participating developer during the preceding two-year period as determined by the municipality.
(d)  The deed conveying a property sold by the land bank must include a right of reverter so that if the qualified participating developer does not apply for a construction permit and close on any construction financing within the three-year period following the date of the conveyance of the property from the land bank to the qualified participating developer, the property will revert to the land bank for subsequent resale in accordance with this chapter or conveyance to the taxing units who were parties to the judgment for disposition as otherwise allowed under the law.  If the property is replatted under Section 379C.0107, the right of reverter applies to the entire property as replatted.
Added by Acts 2003, 78th Leg., ch. 299, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1297 (H.B. 2344), Sec. 2, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1037 (H.B. 2840), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.0105. Lot Exchange Permitted

Sec. 379C.0105.  LOT EXCHANGE PERMITTED.  (a)  Notwithstanding Section 379C.010, the land bank may permit a qualified participating developer to exchange a property purchased from the land bank with any other property owned by the developer if:
(1)  the developer agrees to construct on the other property affordable housing for low income households as provided by this chapter; and
(2)  the other property will be located in:
(A)  a planned development incorporating the property originally purchased from the land bank; or
(B)  another location as approved by the land bank.
(b)  The land bank shall adjust the deed restrictions under Section 379C.010 for each of the properties exchanged by the developer under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1297 (H.B. 2344), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.0106. Property Determined to Be Inappropriate for Residential Development: Right of First Refusal

Sec. 379C.0106.  PROPERTY DETERMINED TO BE INAPPROPRIATE FOR RESIDENTIAL DEVELOPMENT: RIGHT OF FIRST REFUSAL.
(a)  In this section, "eligible adjacent property owner" means a person who:
(1)  owns property located adjacent to property owned by the land bank; and
(2)   satisfies eligibility requirements adopted by the land bank.
(b)  Notwithstanding any other right of first refusal granted under this chapter, if the land bank determines that a property owned by the land bank is not appropriate for residential development, the land bank first shall offer the property for sale to an eligible adjacent property owner according to terms and conditions developed by the land bank that are consistent with this chapter.
(c)  The land bank shall sell the property to an eligible adjacent property owner, at whichever value is lower:
(1)  the fair market value for the property as determined by the appraisal district in which the property is located; or
(2)  the sales price recorded in the annual plan.
(d)  Except as provided by Subsection (e), an adjacent property owner that purchases property under this section may not lease, sell, or transfer that property to another person before the third anniversary of the date the adjacent property owner purchased that property from the land bank.
(e)  Subsection (d) does not apply to the transfer of property purchased under this section if the transfer:
(1)  is made according to a policy adopted by the land bank; and
(2)  is made to a family member of the eligible adjacent property owner or occurs as a result of the death of the eligible adjacent property owner.
Added by Acts 2009, 81st Leg., R.S., Ch. 1297 (H.B. 2344), Sec. 5, eff. June 19, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1037 (H.B. 2840), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.0107. Replatting by Qualified Participating Developer

Sec. 379C.0107.  REPLATTING BY QUALIFIED PARTICIPATING DEVELOPER.  The land bank may sell two adjacent properties that are owned by the land bank to a qualified participating developer if:
(1)  at least one of the properties is appropriate for residential development; and
(2)  the developer agrees to replat the two adjacent properties as one property that is appropriate for residential development.
Added by Acts 2009, 81st Leg., R.S., Ch. 1297 (H.B. 2344), Sec. 6, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.012. Open Records and Meetings

Sec. 379C.012.  OPEN RECORDS AND MEETINGS.  The land bank shall comply with the requirements of Chapters 551 and 552, Government Code.
Added by Acts 2003, 78th Leg., ch. 299, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.014. Additional Authorized Use of Land Bank Property

Sec. 379C.014.  ADDITIONAL AUTHORIZED USE OF LAND BANK PROPERTY.  (a)  Notwithstanding the other provisions of this chapter, the land bank may acquire and sell to a developer property intended for commercial use.
(b)  To qualify to purchase property from the land bank under this section, a developer is not required to be a qualified participating developer but must obtain the municipality's approval of a development plan for the land bank property and must develop the property in accordance with the approved development plan.
(c)  A sale under this section within the four-year period following the date of acquisition of the property by the land bank is for a public purpose and satisfies the requirement under Section 379C.009(b) that the property be sold within the four-year period to a qualified participating developer.
(d)  The land bank may sell property as provided by this section only after granting any rights of first refusal otherwise required by this chapter, and any completed sale under this section remains subject to the right of reverter provided by Section 379C.009(d).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1037 (H.B. 2840), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 721 (H.B. 1289), Sec. 2, eff. June 17, 2015.