HBA-GUM H.B. 3422 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3422
By: Davis, Yvonne
Ways & Means
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Although the Dallas/Ft. Worth International Airport is owned by the cities
of Dallas and Ft. Worth, the vast majority of the airport's property falls
within the municipal boundaries of Grapevine, Irving, Euless, and to a
lesser extent, Coppell.  Because the airport falls within these
non-proprietor cities, the cities have historically reaped a significant
amount of tax revenue from the airport.  By contrast, the airport has
historically borne the costs for maintenance and public safety activities
that are typically borne by the municipality that receives the tax revenue. 

The Dallas/Ft. Worth Airport Board and the cities of Dallas and Fort Worth
have reached agreements with the cities of Euless and Irving to share
incremental tax revenues and fees in exchange for the airport board and the
cities of Dallas and Ft. Worth giving consideration to the development of
the airport's property within the municipal boundaries of the cities of
Euless and Irving. 

H.B. 3422 validates those agreements, and provides validation of similar
agreements that might be entered into by non-proprietor cities in the
future. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 22, Transportation Code, by adding
Section 22.0781, as follows: 

Sec.  22.0781.  REVENUE SHARING AGREEMENT WITH MUNICIPALITY.  (a)
Authorizes a municipality, a joint board for which the constituent agencies
are populous home-rule municipalities, and the constituent agencies to make
an agreement which authorizes a portion of the revenues from a tax or fee
of the municipality imposed in the territory of the municipality for which
the joint board has exclusive power under Section 22.074(d) (relating a
joint board of constituent agencies that are populous home-rule
municipalities) to be transferred to the constituent agencies if the joint
board agrees to encourage development opportunities in the territory of the
municipality that are feasible and consistent with the development policies
of the joint board. 

(b)  Specifies the taxes that may be transferred by the agreement under
Subsection (a). 

(c)  Authorizes the agreement to provide for the inclusion of revenue from
a tax imposed under Chapter 334, Local Government Code (Sports and
Community Venues), in the transfer only if the election approving that tax
is held after the date the agreement is made under this section.  Requires
that if any revenue from a tax imposed under Chapter 334 is to be
transferred, the municipality is to provide general notice of that fact in
the order calling the election and in the ballot proposition.  Provides
that the specifics of the transfer agreement are not required to be placed
in the order or in the ballot proposition and only the municipality that
will transfer its revenue is required to hold an election for the agreement
to be effective.  Sets forth language for the proposition required to
appear  on the ballot for an election held under this subsection. 

(d)  Specifies authorized uses of the revenues received under an agreement
under this section by a constituent agency. 

(e)  Provides that this section supercedes a provision of law in conflict
with this section. 

SECTION 2.Provides that an agreement described by Section 22.0781, as added
by this Act, that was made before the effective date of this Act is
validated as of the date the agreement was made. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.