HBA-MPM C.S.S.B. 824 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 824
By: Gallegos
Public Education
5/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Section 311.008, Tax Code, does not define "educational
facilities," but includes these among those facilities that a municipality
may  acquire, construct, reconstruct, or install.  C.S.S.B. 824 defines
"educational facility" for purposes of this section and makes conforming
changes within the relevant section. 

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 Section 311.008, Tax Code, as follows:

Sec. 311.008.  POWERS OF MUNICIPALITY.  (a)  Defines "educational facility"
to include equipment, real property, and other facilities, including a
public school building, that are used or intended to be used jointly by the
municipality and an independent school district. 

(b)  Redesignated from existing Subsection (a).  Authorizes a municipality
to exercise any power necessary and convenient to carry out this chapter,
including the power to acquire, construct, or reconstruct educational
facilities in that municipality in a reinvestment zone created on or before
September 1, 1999, if this is consistent with the project plan for the
zone. 

(c)  Redesignated from existing Subsection (b).  Makes a conforming change.

(d)  Redesignated from existing Subsection (c).  Makes no change.

SECTION 2.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 824 differs from the original by changing the caption from
"relating to the powers of a municipality in relation to tax increment
investment financing" in the original to "relating to the powers of
municipalities that have created certain reinvestment zones." 

C.S.S.B. 824 differs from the original in SECTION 1 (Section 331.008, Tax
Code), by redesignating proposed Subsection (d) of the original, which
contained the definition of "educational facilities," to Subsection (a) of
the substitute, and by replacing the original's inclusion of "building"
within the definition of "real property" in the substitute.  The substitute
also deletes the provision in the original's definition, that educational
facilities used or to be used by a municipality and an independent school
district are those also located in a reinvestment zone created by a
municipality on or before January 1, 1998.   

Subsection (b) of the substitute, which is redesignated from existing
Subsection (a),  authorizes a municipality to exercise any power necessary
and convenient to carry out this chapter, including the  power to acquire,
construct, or reconstruct educational facilities in that municipality in a
reinvestment zone created on or before September 1, 1999, if this is
consistent with the project plan for the zone.  The original bill did not
address Subsection (b). 

Subsections (c) and (d) of the substitute are redesignated from existing
Subsections (b) and (c). Subsection (c) of the substitute contains a
conforming change.  These subsections were not addressed in the original. 

SECTION 2 (effective date) of the original is deleted, and SECTION 3 (short
emergency clause) of the original is redesignated to SECTION 2 (long
emergency clause) of the substitute.