reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 376 - Contractual Assessments for Energy Efficiency Improvements › Section 376.006. Report Regarding Assessment

Sec. 376.006.  REPORT REGARDING ASSESSMENT.  An appropriate municipal official designated in the resolution shall prepare a report containing:
(1)  a map showing the boundaries of the area within which contractual assessments are proposed to be offered;
(2)  a draft contract specifying the terms that would be agreed to by the municipality and a property owner within the contractual assessment area;
(3)  a statement of municipal policies concerning contractual assessments including:
(A)  identification of types of energy efficiency public improvements, distributed generation renewable energy sources, or energy efficiency improvements that may be financed through the use of contractual assessments;
(B)  identification of a municipal official authorized to enter into contractual assessments on behalf of the municipality;
(C)  a maximum aggregate dollar amount of contractual assessments;
(D)  a method for ranking requests from property owners for financing through contractual assessments in priority order if requests appear likely to exceed the authorization amount; and
(E)  a method for ensuring that property owners requesting financing demonstrate the financial ability to fulfill financial obligations under the contractual assessments;
(4)  a plan for raising a capital amount required to pay for work performed in accordance with contractual assessments that:
(A)  may include:
(i)  amounts to be advanced by the municipality through funds available to it from any source; and
(ii)  the sale of bonds or other financing;
(B)  shall include a statement of or method for determining the interest rate and period during which contracting property owners would pay any assessment; and
(C)  shall provide for:
(i)  any reserve fund or funds; and
(ii)  the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the contractual assessment program among the consenting property owners and the municipality; and
(5)  the results of the consultations with the appropriate appraisal districts concerning incorporating the proposed contractual assessments into the assessments of property taxes.
Added by Acts 2009, 81st Leg., R.S., Ch. 655 (H.B. 1937), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 376 - Contractual Assessments for Energy Efficiency Improvements › Section 376.007. Direct Purchase by Owner

Sec. 376.007.  DIRECT PURCHASE BY OWNER.  On the written consent of an authorized municipal official, the proposed arrangements for financing the program pertaining to the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property may authorize the property owner to:
(1)  purchase directly the related equipment and materials for the installation of the distributed generation renewable energy sources or energy efficiency improvements; and
(2)  contract directly for the installation of the distributed generation renewable energy sources or energy efficiency improvements.
Added by Acts 2009, 81st Leg., R.S., Ch. 655 (H.B. 1937), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 376 - Contractual Assessments for Energy Efficiency Improvements › Section 376.008. Lien

Sec. 376.008.  LIEN.  An assessment imposed under this chapter and any interest or penalties on the assessment constitutes a lien against the lot on which the assessment is imposed until the assessment, interest, or penalty is paid.
Added by Acts 2009, 81st Leg., R.S., Ch. 655 (H.B. 1937), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter A. General Provisions › Section 377.001. Definitions

Sec. 377.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of a municipal development district.
(2)  "District" means a municipal development district created under this chapter.
(3)  "Development project" means:
(A)  a "project" as that term is defined by Sections 505.151-505.158; or
(B)  a convention center facility or related improvement such as a convention center, civic center, civic center building, civic center hotel, or auditorium, including parking areas or facilities that are used to park vehicles and that are located at or in the vicinity of other convention center facilities.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 232 (S.B. 466), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.23, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter A. General Provisions › Section 377.002. Scope

Sec. 377.002.  SCOPE.  (a)  A municipality may create a district as provided in this chapter in:
(1)  all or part of the boundaries of the municipality;
(2)  all or part of the boundaries of the municipality and all or part of the boundaries of the municipality's extraterritorial jurisdiction; or
(3)  all or part of the municipality's extraterritorial jurisdiction.
(b)  The municipality may include territory outside of the municipality only to the extent that territory is in the municipality's extraterritorial jurisdiction.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 20, Sec. 1, eff. May 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 232 (S.B. 466), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter A. General Provisions › Section 377.003. Constitutional Purpose

Sec. 377.003.  CONSTITUTIONAL PURPOSE.  This chapter creates a program under Section 52-a, Article III, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch. 232 (S.B. 466), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter B. Municipal Development District › Section 377.021. Creation

Sec. 377.021.  CREATION.  (a)  A municipality may call an election on the question of creating a municipal development district under this chapter to plan, acquire, establish, develop, construct, or renovate one or more development projects beneficial to the district.
(b)  The order calling the election must:
(1)  define the boundaries of the district; and
(2)  call for the election to be held within those boundaries.
(c)  The ballot at an election held under this section must be printed to permit voting for or against the proposition:  "Authorizing the creation of the ____ Municipal Development District (insert name of district) and the imposition 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 development projects beneficial to the district."
(d)  The district is created if a majority of the registered voters of the proposed district voting at the election favor creation of the district.
(e)  If a majority of the registered voters of the proposed district voting at the election to create the district vote against creation of the district, the municipality may not hold another election on the question of creating a municipal development district before the first anniversary of the most recent election concerning creation of a district.
(f)  The Election Code governs an election held under this chapter.
(g)  In the order calling the election, the municipality may provide for the district boundaries to conform automatically to any changes in the boundaries of the portion of the municipality or the municipality's extraterritorial jurisdiction included in the district, and the election shall be held on one of the four uniform election dates under Section 41.001, Election Code.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 20, Sec. 2, eff. May 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 232 (S.B. 466), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter B. Municipal Development District › Section 377.022. Political Subdivision; Open Meetings

Sec. 377.022.  POLITICAL SUBDIVISION;  OPEN MEETINGS.  (a)  A district is a political subdivision of this state and of the municipality that created the district.
(b)  A district is subject to Chapter 551, Government Code.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 232 (S.B. 466), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter C. Board of Directors › Section 377.051. Composition and Appointment of Board

Sec. 377.051.  COMPOSITION AND APPOINTMENT OF BOARD.  (a)  A district is governed by a board of at least four directors.
(b)  The board is appointed by the governing body of the municipality that created the district.
(c)  Directors serve staggered two-year terms.  A director may be removed by the appointing municipality at any time without cause.  Successor directors are appointed in the same manner as the original appointees.
(d)  To qualify to serve as a director, a person must reside in the municipality that created the district or in that municipality's extraterritorial jurisdiction.  An employee, officer, or member of the governing body of the municipality may serve as a director, but may not have a personal interest in a contract executed by the district other than as an employee, officer, or member of the governing body of the municipality.
(e)  Notwithstanding Subsection (d), a person may qualify to serve as a director of a district if the person resides in the independent school district that serves the majority of the district and the district is located in a municipality:
(1)  with a population of more than 5,000 and less than 6,000 and that is located wholly in a county with a population of more than 20,000 and less than 25,000 and that borders the Brazos River; or
(2)  with a population of more than 1,450 and less than 2,500 and that is located wholly in a county with a population of more than 20,000 and less than 30,000 that borders the Neches River and the Trinity River.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 232 (S.B. 466), Sec. 6, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 874 (H.B. 3186), Sec. 1, eff. June 18, 2015.
Acts 2021, 87th Leg., R.S., Ch. 470 (H.B. 4356), Sec. 1, eff. June 14, 2021.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 188, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter C. Board of Directors › Section 377.052. Compensation

Sec. 377.052.  COMPENSATION.  A board member is not entitled to compensation, but is entitled to reimbursement for actual and necessary expenses.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter C. Board of Directors › Section 377.053. Meetings

Sec. 377.053.  MEETINGS.  The board shall conduct its meetings in the municipality that created the district.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 232 (S.B. 466), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter C. Board of Directors › Section 377.054. Officers

Sec. 377.054.  OFFICERS.  The board shall designate from the members of the board a presiding officer, a secretary, and other officers the board considers necessary.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter D. Powers and Duties › Section 377.071. General Powers of District

Sec. 377.071.  GENERAL POWERS OF DISTRICT.  (a)  A district may:
(1)  perform any act necessary to the full exercise of the district's powers;
(2)  accept a grant or loan from a:
(A)  department or agency of the United States;
(B)  department, agency, or political subdivision of this state;  or
(C)  public or private person;
(3)  acquire, sell, lease, convey, or otherwise dispose of property or an interest in property, including a development project, under terms and conditions determined by the district;
(4)  employ necessary personnel;  and
(5)  adopt rules to govern the operation of the district and its employees and property.
(b)  A district may contract with a public or private person to:
(1)  plan, acquire, establish, develop, construct, or renovate a development project;  or
(2)  perform any other act the district is authorized to perform under this chapter.
(c)  A district may not levy an ad valorem tax.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter D. Powers and Duties › Section 377.073. Bonds and Other Obligations

Sec. 377.073.  BONDS AND OTHER OBLIGATIONS.  (a)  A district may issue bonds, including revenue bonds and refunding bonds, or other obligations to pay the costs of a development project.
(b)  The bonds or other obligations and the proceedings authorizing the bonds or other obligations shall be submitted to the attorney general for review and approval as required by Chapter 1202, Government Code.
(c)  The bonds or other obligations must be payable from and secured by the revenues of the district.
(d)  The bonds or other obligations may mature serially or otherwise not more than 30 years from their date of issuance.
(e)  The bonds or other obligations are not a debt of and do not create a claim for payment against the revenue or property of the district other than a development project for which the bonds are issued.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.339, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter D. Powers and Duties › Section 377.074. Public Purpose of Project

Sec. 377.074.  PUBLIC PURPOSE OF PROJECT.  (a)  The legislature finds for all constitutional and statutory purposes that a development project is owned, used, and held for public purposes by the district.
(b)  Section 25.07(a), Tax Code, does not apply to a leasehold or other possessory interest granted by the district while the district owns the development project.
(c)  The development project is exempt from taxation under Section 11.11, Tax Code, while the district owns the project.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter E. Sales and Use Tax › Section 377.101. Sales and Use Tax

Sec. 377.101.  SALES AND USE TAX.  (a)  A district by order may impose a sales and use tax under this subchapter.
(b)  A district may impose a tax under this subchapter only if the tax is approved at an election held under Section 377.021.
(c)  A district may not adopt a sales and use tax under this subchapter if the adoption of the tax under this subchapter would result in a combined tax rate of all local sales and use taxes of more than two percent in any location in the district.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter E. Sales and Use Tax › Section 377.102. Tax Code Applicable

Sec. 377.102.  TAX CODE APPLICABLE.  (a)  Chapter 323, Tax Code, governs the imposition, computation, administration, collection, and remittance of a tax authorized under this subchapter except as inconsistent with this subchapter.
(b)  Section 323.101(b), Tax Code, does not apply to the tax authorized by this subchapter.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter E. Sales and Use Tax › Section 377.103. Tax Rate

Sec. 377.103.  TAX RATE.  The rate of a tax adopted under this subchapter must be one-eighth, one-fourth, three-eighths, or one-half of one percent.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter E. Sales and Use Tax › Section 377.104. Repeal or Rate Change

Sec. 377.104.  REPEAL OR RATE CHANGE.  (a)  A district that has adopted a sales and use tax under this subchapter may by order and subject to Section 377.101(c), change the rate of the tax or repeal the tax if the change or repeal is approved by a majority of the registered voters of that district voting at an election called and held for that purpose.
(b)  The tax may be changed under Subsection (a) in one or more increments of one-eighth of one percent to a maximum of one-half of one percent.
(c)  The ballot for an election to change the tax shall be printed to permit voting for or against the proposition:  "The adoption of a sales and use tax at the rate of ____ of one percent (insert one-fourth, three-eighths, or one-half, as appropriate)."
(d)  The ballot for the election to repeal the tax shall be printed to permit voting for or against the proposition:  "The repeal of the sales and use tax for financing development projects in the __________ Municipal Development District (insert name of district)."
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter E. Sales and Use Tax › Section 377.105. Imposition of Tax

Sec. 377.105.  IMPOSITION OF TAX.  (a)  If the district adopts the tax, a tax is imposed on the receipts from the sale at retail of taxable items in the district at the rate approved at the election.
(b)  There is also imposed an excise tax on the use, storage, or other consumption in the district of tangible personal property purchased, leased, or rented from a retailer during the period that the tax is effective in the district.  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.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter E. Sales and Use Tax › Section 377.106. Effective Date of Tax

Sec. 377.106.  EFFECTIVE DATE OF TAX.  Except as provided by Section 377.107, the adoption of the tax, the change of the tax rate, or the repeal of the tax takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete quarter occurring after the date on which the comptroller receives a notice of the results of the election adopting, changing, or repealing the tax.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter E. Sales and Use Tax › Section 377.107. Collection of Tax to Pay Bonds or Other Obligations

Sec. 377.107.  COLLECTION OF TAX TO PAY BONDS OR OTHER OBLIGATIONS.  (a)  If the district votes to repeal the sales and use tax under Section 377.104, and the district had issued bonds or incurred other obligations secured by the tax before the date of the election, the district shall continue to collect the tax until the bonds or other obligations are paid.
(b)  The district shall immediately notify the comptroller when the bonds or other obligations have been paid.
(c)  The repeal of the tax takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete quarter occurring after the date on which the comptroller receives the notice under Subsection (b).
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 377 - Municipal Development Districts › Subchapter E. Sales and Use Tax › Section 377.108. Deposit of Tax Revenues

Sec. 377.108.  DEPOSIT OF TAX REVENUES.  Revenue from the tax imposed under this subchapter shall be deposited in the development project fund of the district imposing the tax.
Added by Acts 1997, 75th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 378 - Neighborhood Empowerment Zone › Section 378.001. Definition

Sec. 378.001.  DEFINITION.  In this chapter, "zone" means a neighborhood empowerment zone created by a municipality under this chapter.
Added by Acts 1999, 76th Leg., ch. 305, Sec. 1, eff. May 29, 1999.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 378 - Neighborhood Empowerment Zone › Section 378.002. Creation of Zone

Sec. 378.002.  CREATION OF ZONE.  A municipality may create a neighborhood empowerment zone covering a part of the municipality if the municipality determines the creation of the zone would promote:
(1)  the creation of affordable housing, including manufactured housing, in the zone;
(2)  an increase in economic development in the zone;
(3)  an increase in the quality of social services, education, or public safety provided to residents of the zone;  or
(4)  the rehabilitation of affordable housing in the zone.
Added by Acts 1999, 76th Leg., ch. 305, Sec. 1, eff. May 29, 1999.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 378 - Neighborhood Empowerment Zone › Section 378.003. Adoption of Zone

Sec. 378.003.  ADOPTION OF ZONE.  (a)  A municipality may create a zone if the governing body of the municipality adopts a resolution containing:
(1)  the determination described by Section 378.002;
(2)  a description of the boundaries of the zone;
(3)  a finding by the governing body that the creation of the zone benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the municipality;  and
(4)  a finding by the governing body that the creation of the zone satisfies the requirements of Section 312.202, Tax Code.
(b)  A municipality may create more than one zone and may include an area in more than one zone.
Added by Acts 1999, 76th Leg., ch. 305, Sec. 1, eff. May 29, 1999.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 378 - Neighborhood Empowerment Zone › Section 378.004. Municipal Powers

Sec. 378.004.  MUNICIPAL POWERS.  In addition to other powers that a municipality may exercise, a municipality may:
(1)  waive or adopt fees related to the construction of buildings in the zone, including fees related to the inspection of buildings and impact fees;
(2)  enter into agreements, for a period of not more than 10 years, for the purpose of benefiting the zone, for refunds of municipal sales tax on sales made in the zone;
(3)  enter into agreements abating municipal property taxes on property in the zone subject to the duration limits of Section 312.204, Tax Code;  and
(4)  set baseline performance standards, such as the Energy Star Program as developed by the Department of Energy, to encourage the use of alternative building materials that address concerns relating to the environment or to the building costs, maintenance, or energy consumption.
Added by Acts 1999, 76th Leg., ch. 305, Sec. 1, eff. May 29, 1999.  Amended by Acts 2001, 77th Leg., ch. 1263, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379 - North American Free Trade Agreement Impact Zone › Section 379.001. Definition

Sec. 379.001.  DEFINITION.  In this chapter, "zone" means a North American Free Trade Agreement impact zone created by a municipality under this chapter.
Added by Acts 2001, 77th Leg., ch. 1150, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379 - North American Free Trade Agreement Impact Zone › Section 379.002. Creation of Zone

Sec. 379.002.  CREATION OF ZONE.  A municipality may create a zone covering a part of the municipality if the municipality determines the creation of the zone would promote:
(1)  business opportunities for local businesses in the zone;
(2)  an increase in economic development in the zone;  or
(3)  employment opportunities for residents of the zone.
Added by Acts 2001, 77th Leg., ch. 1150, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379 - North American Free Trade Agreement Impact Zone › Section 379.003. Adoption of Zone

Sec. 379.003.  ADOPTION OF ZONE.  (a)  A municipality may create a zone if the governing body of the municipality adopts a resolution containing:
(1)  the determination described by Section 379.002;
(2)  a description of the boundaries of the zone;  and
(3)  a finding by the governing body that the creation of the zone satisfies the requirements of Section 312.202, Tax Code.
(b)  A municipality may create more than one zone and may include an area in more than one zone.
Added by Acts 2001, 77th Leg., ch. 1150, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379 - North American Free Trade Agreement Impact Zone › Section 379.004. Additional Powers

Sec. 379.004.  ADDITIONAL POWERS.  A municipality may:
(1)  waive or adopt fees related to the construction of buildings in the zone, including fees related to the inspection of buildings and impact fees;
(2)  enter into agreements, for a period of not more than 10 years, for the purpose of benefiting the zone, for sales tax refunds or abatements of municipal sales tax on sales made in the zone;
(3)  enter into agreements abating municipal property taxes on property in the zone subject to the duration limits of Section 312.204, Tax Code;  and
(4)  set baseline performance standards, such as the Energy Star Program as developed by the Department of Energy, to encourage the use of alternative building materials that address concerns relating to the environment or to building costs, maintenance, or energy consumption.
Added by Acts 2001, 77th Leg., ch. 1150, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379 - North American Free Trade Agreement Impact Zone › Section 379.005. Nafta Displaced Workers

Sec. 379.005.  NAFTA DISPLACED WORKERS.  (a)  A business that operates in a zone and receives benefits as a result of a municipality's action under Section 379.004(1), (2), or (3) shall make a good faith effort to hire individuals receiving NAFTA transitional adjustment assistance under 19 U.S.C. Section 2331.
(b)  A business described by Subsection (a) shall annually report to the governing body of the municipality on what percentage of the total number of individuals hired by the business during the year covered by the report is comprised of individuals described by Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1150, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379A - Municipal Development Corporations › Subchapter A. General Provisions › Section 379A.001. Short Title

Sec. 379A.001.  SHORT TITLE.  This chapter may be cited as the Better Jobs Act.
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 A. General Provisions › Section 379A.002. Findings and Purposes

Sec. 379A.002.  FINDINGS AND PURPOSES.  (a)  The legislature finds that:
(1)  it is an appropriate role for a municipality to foster economic opportunity, job generation, and capital investment by promoting a favorable business climate, preparing the workforce for productive employment, and supporting infrastructure development;
(2)  while some municipalities choose to meet that role through the creation of economic development zones and reinvestment zones, the core root of all economic development is a competent and qualified workforce;  and
(3)  the programs designed to create a competent and qualified workforce are essential both to the economic growth and vitality of many municipalities in this state and to the elimination of unemployment and underemployment in those municipalities.
(b)  The programs authorized by this chapter are in the public interest, promote the economic welfare of this state, and serve the state public purpose of developing and diversifying the economy of this state and eliminating unemployment and underemployment in this state.
(c)  This chapter shall be liberally construed in conformity with the findings and purposes stated in this section.
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 A. General Provisions › Section 379A.003. Definitions

Sec. 379A.003.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of a municipal development corporation.
(2)  "Corporation" means a municipal development corporation created under 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 A. General Provisions › Section 379A.004. Application of Non-Profit Corporation Act

Sec. 379A.004.  APPLICATION OF NON-PROFIT CORPORATION ACT.  A corporation created under this chapter is governed by the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), except to the extent 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 B. Creation of Corporation › Section 379A.011. Creation

Sec. 379A.011.  CREATION.  The governing body of a municipality may create a municipal development corporation under 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 B. Creation of Corporation › Section 379A.012. Articles of Incorporation

Sec. 379A.012.  ARTICLES OF INCORPORATION.  The articles of incorporation of the corporation must state that the corporation is governed by 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 B. Creation of Corporation › Section 379A.013. Number of Corporations

Sec. 379A.013.  NUMBER OF CORPORATIONS.  A municipality may not create more than one corporation under 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 B. Creation of Corporation › Section 379A.014. Adoption and Approval of Bylaws

Sec. 379A.014.  ADOPTION AND APPROVAL OF BYLAWS.  The initial bylaws of a corporation shall be adopted by its board of directors and approved by resolution of the governing body of the municipality that created the corporation, and any subsequent changes made to the bylaws must be approved by the governing body of the municipality that created the corporation.
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 B. Creation of Corporation › Section 379A.015. Performance Review and Assessment

Sec. 379A.015.  PERFORMANCE REVIEW AND ASSESSMENT.  The governing body of the municipality that creates the corporation shall undertake a performance review and assessment of the corporation once every five years.  Based on the performance review and assessment, the governing body of the municipality shall issue a finding of whether the corporation is satisfying the objectives set forth in 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 C. Board of Directors › Section 379A.021. Composition and Appointment of Board

Sec. 379A.021.  COMPOSITION AND APPOINTMENT OF BOARD.  (a)  Except as provided by Subsection (g), the corporation is governed by a board of 5, 7, 9, 11, 13, or 15 directors, as determined by the governing body of the municipality that created the corporation.  The number of directors may not exceed the number of members, including the mayor, constituting the governing body of the municipality.
(b)  The governing body of the municipality that created the corporation shall appoint the members of the board.
(c)  Directors serve staggered two-year terms, with as near as possible to one-half of the members' terms expiring each year.  A director serves at the will of the governing body of the municipality that created the corporation.  Successor directors are appointed in the same manner as the original appointees.
(d)  Each director of a corporation created by a municipality that has a population of 20,000 or more must be a resident of the municipality.  Each director of a corporation created by a municipality that has a population of less than 20,000 must be a resident of the municipality or the county in which the major part of the area of the municipality is located.
(e)  A person is disqualified from serving as a director if the person is an employee, officer, or member of the governing body of the municipality that created the corporation.
(f)  A director may not have a personal interest in a contract executed by the corporation.
(g)  In a municipality that has a population of more than one million and that creates a corporation under this chapter, the board of the corporation is composed of persons appointed to the board as required by this subsection.  The governing body of the municipality shall appoint one director to the board of the corporation from each district that elects a member to the governing body of the municipality.
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 C. Board of Directors › Section 379A.022. Compensation

Sec. 379A.022.  COMPENSATION.  A board member is not entitled to compensation, but is entitled to reimbursement for actual and necessary expenses incurred in serving as a director.
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 C. Board of Directors › Section 379A.023. Meetings

Sec. 379A.023.  MEETINGS.  The board shall conduct its meetings in the municipality that created the corporation.
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 C. Board of Directors › Section 379A.024. Officers

Sec. 379A.024.  OFFICERS.  The board shall appoint from its members a presiding officer, a secretary, and other officers of the corporation that the governing body of the municipality that created the corporation considers necessary.
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 C. Board of Directors › Section 379A.025. Adoption and Approval of Budget; Review of Corporate Finances

Sec. 379A.025.  ADOPTION AND APPROVAL OF BUDGET;  REVIEW OF CORPORATE FINANCES.  (a)  The board shall prepare an annual budget for the corporation.  To be effective, the budget must be approved by the board and presented to and approved by the governing body of the municipality that created the corporation.  The corporation may not make any expenditure authorized by this chapter until the budget has been approved as provided by this section.  An amendment of the budget must be approved in the same manner as the budget.
(b)  The governing body of the municipality that created the corporation may amend the corporation's budget with the approval of at least two-thirds of the members of the governing body.
(c)  The budget presented to the governing body of the municipality that created the corporation must provide a detailed description of the proposed expenditures for the corporation's fiscal year, including expenditures for each program authorized by Subchapter D.
(d)  The board shall annually prepare and present financial statements from the preceding fiscal year to the governing body of the municipality that created the corporation.
(e)  The governing body of the municipality that created the corporation is entitled, at all times, to access to the books and records of the corporation.
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 D. Powers of Corporation › Section 379A.051. Programs

Sec. 379A.051.  PROGRAMS.  (a)  A corporation may develop and implement programs for:
(1)  job training, including long-term job training and in-training support service grants;
(2)  early childhood development that prepare each child to enter school and make each child ready to learn after completing the program and that provide educational services that must include services designed to enable a child to:
(A)  develop phonemic, print, and numeracy awareness, including the ability to:
(i)  recognize that letters of the alphabet are a special category of visual graphics that can be individually named;
(ii)  recognize a word as a unit of print;
(iii)  identify at least 10 letters of the alphabet;  and
(iv)  associate sounds with written words;
(B)  understand and use language to communicate for various purposes;
(C)  understand and use an increasingly complex and varied vocabulary;
(D)  develop and demonstrate an appreciation of books;  and
(E)  progress toward mastery of the English language, if the child's primary language is a language other than English;
(3)  after-school programs for primary and secondary schools;
(4)  the provision of funding to accredited postsecondary educational institutions, including public and private junior colleges, public and private institutions of higher education, and public and private technical institutions, to be used to award scholarships;
(5)  the promotion of literacy;  and
(6)  any other undertaking that the board determines will directly facilitate the development of a skilled workforce.
(b)  A corporation may accept donated property, may develop or use land, buildings, equipment, facilities, and other improvements in connection with a program described by Subsection (a), or may dispose of property or an interest in property under terms determined by the corporation.
(c)  A municipality may contract with a community nonprofit organization that sponsors long-term job training and related support services.
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 D. Powers of Corporation › Section 379A.052. General Powers of Corporation

Sec. 379A.052.  GENERAL POWERS OF CORPORATION.  The corporation may:
(1)  own or operate a program authorized by this chapter;
(2)  perform any act necessary to the full exercise of the corporation's powers;
(3)  accept a grant or loan from a:
(A)  department or agency of the United States;
(B)  department, agency, or political subdivision of this state;  or
(C)  public or private person;
(4)  employ any necessary personnel, who shall be employees of the municipality;
(5)  adopt rules to govern the operation of the corporation and its employees and property;  and
(6)  contract or enter into a memorandum of understanding or a similar agreement with a public or private person, including local workforce development boards or any political subdivision, in connection with a program authorized by 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 D. Powers of Corporation › Section 379A.053. Nature of Corporate Property

Sec. 379A.053.  NATURE OF CORPORATE PROPERTY.  (a)  The legislature finds for all constitutional and statutory purposes that the corporation owns, uses, and holds its property for public purposes.
(b)  Section 25.07(a), Tax Code, does not apply to a leasehold or other possessory interest granted by the corporation.
(c)  Property owned by the corporation is exempt from taxation under Section 11.11, Tax Code, while the corporation owns the property.
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 D. Powers of Corporation › Section 379A.054. Open Records and Meetings

Sec. 379A.054.  OPEN RECORDS AND MEETINGS.  The board is treated as a governmental body for the purposes of Chapters 551 and 552, Government Code.
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 D. Powers of Corporation › Section 379A.055. Administration of Scholarship Fund

Sec. 379A.055.  ADMINISTRATION OF SCHOLARSHIP FUND.  (a)  In providing funds to an accredited postsecondary educational institution to be used for scholarships as authorized by Section 379A.051, the corporation by agreement with the institution shall ensure that:
(1)  the funds are distributed to individuals as scholarships connected with the institution;  and
(2)  no more than a maximum amount, as set by the corporation, of the funds are spent on administering the award of the scholarship.
(b)  An accredited postsecondary educational institution receiving the funds for scholarships shall develop, in consultation with the corporation, a plan for awarding scholarships that will have the goal of having an eventual beneficial effect on the economic growth and vitality of and the elimination of unemployment and underemployment in the municipality that created the corporation and that will ensure that the recipient:
(1)  meets financial need requirements as defined by the corporation;
(2)  is enrolled in an undergraduate degree or certificate program;
(3)  is enrolled for at least three-fourths of a full course load for an undergraduate student, as determined by the corporation;
(4)  makes satisfactory academic progress toward an undergraduate degree or certificate;  and
(5)  complies with any additional nonacademic requirement adopted by the corporation.
(c)  If the municipality that created the corporation has established an education partnership composed of community-based organizations, school districts, public or private sector entities, or postsecondary institutions for the purpose of distributing scholarships to students of local schools, the corporation may provide funds to the education partnership to enable the partnership to award scholarships to directly facilitate the development of a skilled workforce.
Added by Acts 2001, 77th Leg., ch. 149, Sec. 1, eff. May 16, 2001.