2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle B - Special Property Tax Provisions › Chapter 311 - Tax Increment Financing Act › Section 311.008. Powers of Municipality or County

Sec. 311.008.  POWERS OF MUNICIPALITY OR COUNTY.  (a)  In this section, "educational facility" includes equipment, real property, and other facilities, including a public school building, that are used or intended to be used jointly by the municipality or county and an independent school district.
(b)  A municipality or county may exercise any power necessary and convenient to carry out this chapter, including the power to:
(1)  cause project plans to be prepared, approve and implement the plans, and otherwise achieve the purposes of the plan;
(2)  acquire real property by purchase, condemnation, or other means and sell real property, on the terms and conditions and in the manner it considers advisable, to implement project plans;
(3)  enter into agreements, including agreements with bondholders, determined by the governing body of the municipality or county to be necessary or convenient to implement project plans and achieve their purposes, which agreements may include conditions, restrictions, or covenants that run with the land or that by other means regulate or restrict the use of land; and
(4)  consistent with the project plan for the zone:
(A)  acquire blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed real property or other property in a blighted area or in a federally assisted new community in the zone for the preservation or restoration of historic sites, beautification or conservation, the provision of public works or public facilities, or other public purposes;
(B)  acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities; or
(C)  in a reinvestment zone created on or before September 1, 1999, acquire, construct, or reconstruct educational facilities in the municipality.
(c)  The powers authorized by Subsection (b)(2) prevail over any law or municipal charter to the contrary.
(d)  A municipality or county may make available to the public on request financial information regarding the acquisition by the municipality or county of land in the zone when the municipality or county acquires the land.
(e)  The implementation of a project plan to alleviate a condition described by Section 311.005(a)(1), (2), or (3) and to promote development or redevelopment of a reinvestment zone in accordance with this chapter serves a public purpose.
Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 44, Sec. 2, eff. Oct. 20, 1987;  Acts 1999, 76th Leg., ch. 1521, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 39, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 40, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1347 (S.B. 771), Sec. 2, eff. June 18, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1032 (H.B. 2853), Sec. 7, eff. June 17, 2011.