TAX CODE
CHAPTER 312. PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT
SUBCHAPTER A. GENERAL PROVISIONS
§ 312.001. SHORT TITLE. This chapter may be cited as
the Property Redevelopment and Tax Abatement Act.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
§ 312.002. ELIGIBILITY OF TAXING UNIT TO PARTICIPATE IN
TAX ABATEMENT. (a) A taxing unit may not enter into a tax
abatement agreement under this chapter and the governing body of a
municipality or county may not designate an area as a reinvestment
zone unless the governing body has established guidelines and
criteria governing tax abatement agreements by the taxing unit and
a resolution stating that the taxing unit elects to become eligible
to participate in tax abatement. The guidelines applicable to
property other than property described by Section 312.211(a) must
provide for the availability of tax abatement for both new
facilities and structures and for the expansion or modernization of
existing facilities and structures.
(b) The governing body of a taxing unit may not enter into a
tax abatement agreement under this chapter unless it finds that the
terms of the agreement and the property subject to the agreement
meet the applicable guidelines and criteria adopted by the
governing body under this section.
(c) The guidelines and criteria adopted under this section
are effective for two years from the date adopted. During that
period, the guidelines and criteria may be amended or repealed only
by a vote of three-fourths of the members of the governing body.
(d) The adoption of the guidelines and criteria by the
governing body of a taxing unit does not:
(1) limit the discretion of the governing body to
decide whether to enter into a specific tax abatement agreement;
(2) limit the discretion of the governing body to
delegate to its employees the authority to determine whether or not
the governing body should consider a particular application or
request for tax abatement; or
(3) create any property, contract, or other legal
right in any person to have the governing body consider or grant a
specific application or request for tax abatement.
(e) The guidelines and criteria adopted by the
commissioners court of a county may include a requirement that an
application or request for tax abatement submitted to the county
under this chapter must be accompanied by a reasonable application
fee not to exceed $1,000.
(f) On or after September 1, 2001, a school district may not
enter into a tax abatement agreement under this chapter.
(g) "Taxing unit" has the meaning assigned by Section 1.04,
except that for a tax abatement agreement executed on or after
September 1, 2001, the term does not include a school district that
is subject to Chapter 42, Education Code, and that is organized
primarily to provide general elementary and secondary public
education.
Added by Acts 1989, 71st Leg., ch. 2, § 14.07(a), eff. Aug. 28,
1989. Amended by Acts 1989, 71st Leg., ch. 1137, § 1, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 20, § 22, eff. Aug. 26, 1991;
Acts 1991, 72nd Leg., ch. 391, § 26, eff. Aug. 26, 1991; Acts
1991, 72nd Leg., ch. 836, § 9.2, eff. Aug. 26, 1991; Acts 1993,
73rd Leg., ch. 347, § 4.13(2), eff. May 31, 1993; Acts 1997,
75th Leg., ch. 855, § 9, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1333, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg.,
ch. 1029, § 3, eff. June 15, 2001; Acts 2001, 77th Leg., ch.
1145, § 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 1275,
§ 2(124), eff. Sept. 1, 2003.
§ 312.0025. DESIGNATION OF REINVESTMENT ZONE BY SCHOOL
DISTRICT. (a) Notwithstanding any other provision of this
chapter to the contrary, the governing body of a school district, in
the manner required for official action and for purposes of
Subchapter B or C, Chapter 313, may designate an area entirely
within the territory of the school district as a reinvestment zone
if the governing body finds that, as a result of the designation and
the granting of a limitation on appraised value under Subchapter B
or C, Chapter 313, for property located in the reinvestment zone,
the designation is reasonably likely to:
(1) contribute to the expansion of primary employment
in the reinvestment zone; or
(2) attract major investment in the reinvestment zone
that would:
(A) be a benefit to property in the reinvestment
zone and to the school district; and
(B) contribute to the economic development of the
region of this state in which the school district is located.
(b) The governing body of the school district may seek the
recommendation of the commissioners court of each county and the
governing body of each municipality that has territory in the
school district before designating an area as a reinvestment zone
under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1505, § 4, eff. Jan. 1, 2002.
§ 312.003. CONFIDENTIALITY OF PROPRIETARY
INFORMATION. Information that is provided to a taxing unit in
connection with an application or request for tax abatement under
this chapter and that describes the specific processes or business
activities to be conducted or the equipment or other property to be
located on the property for which tax abatement is sought is
confidential and not subject to public disclosure until the tax
abatement agreement is executed. That information in the custody
of a taxing unit after the agreement is executed is not confidential
under this section.
Added by Acts 1989, 71st Leg., ch. 1137, § 2, eff. Sept. 1, 1989.
§ 312.004. TAXING UNIT WITH TAX RATE SET BY
COMMISSIONERS COURT. (a) The commissioners court of a county
that enters into a tax abatement agreement for the county may enter
into a tax abatement agreement applicable to the same property on
behalf of a taxing unit other than the county if by statute the ad
valorem tax rate of the other taxing unit is approved by the
commissioners court or the commissioners court is expressly
required by statute to levy the ad valorem taxes of the other taxing
unit. The tax abatement agreement entered into on behalf of the
other taxing unit is not required to contain the same terms as the
tax abatement agreement entered into on behalf of the county.
(b) This section does not apply to a taxing unit because the
county tax assessor-collector is required by law to assess or
collect the taxing unit's ad valorem taxes.
Added by Acts 1989, 71st Leg., ch. 1137, § 3, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1039, § 1, eff. Sept. 1,
1999.
§ 312.005. STATE ADMINISTRATION. (a) The comptroller
shall maintain a central registry of reinvestment zones designated
under this chapter and of ad valorem tax abatement agreements
executed under this chapter. The chief appraiser of each appraisal
district that appraises property for a taxing unit that has
designated a reinvestment zone or executed a tax abatement
agreement under this chapter shall deliver to the comptroller
before July 1 of the year following the year in which the zone is
designated or the agreement is executed a report providing the
following information:
(1) for a reinvestment zone, a general description of
the zone, including its size, the types of property located in it,
its duration, and the guidelines and criteria established for the
reinvestment zone under Section 312.002, including subsequent
amendments and modifications of the guidelines or criteria;
(2) a copy of each tax abatement agreement to which a
taxing unit that participates in the appraisal district is a party;
and
(3) any other information required by the comptroller
to administer this section and Subchapter F, Chapter 111.
(b) The comptroller may provide assistance to a taxing unit
on request of its governing body or the presiding officer of its
governing body relating to the administration of this chapter. The
Texas Department of Commerce and the comptroller may provide
technical assistance to a local governing body regarding the
designation of reinvestment zones, the adoption of tax abatement
guidelines, and the execution of tax abatement agreements.
(c) Not later than December 31 of each even-numbered year,
the comptroller shall submit a report to the legislature and to the
governor on reinvestment zones designated under this chapter and on
tax abatement agreements adopted under this chapter, including a
summary of the information reported under this section.
Added by Acts 1989, 71st Leg., ch. 1137, § 4, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 6, § 59, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 995, § 2, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1382, § 1, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 268, § 4, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1029, § 2, eff. June 15, 2001.
§ 312.006. EXPIRATION DATE.
Text of section as amended by Acts 2001, 77th Leg., ch. 1029, § 1
If not continued in effect, this chapter expires September 1,
2009.
Added by Acts 1989, 71st Leg., ch. 1137, § 5, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 2.16, eff.
Nov. 12, 1991; Acts 1995, 74th Leg., ch. 995, § 4, eff. Aug. 31,
1995; Acts 2001, 77th Leg., ch. 1029, § 1, eff. June 15, 2001.
For text of section as amended by Acts 2001, 77th Leg., ch. 1505,
§ 5, see § 312.006, post
§ 312.006. EXPIRATION DATE.
Text of section amended by Acts 2001, 77th Leg., ch. 1505, § 5
If not continued in effect, this chapter expires September 1,
2005.
Added by Acts 1989, 71st Leg., ch. 1137, § 5, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 2.16, eff.
Nov. 12, 1991. Amended by Acts 1995, 74th Leg., ch. 995, § 4,
eff. Aug. 31, 1995; Acts 2001, 77th Leg., ch. 1505, § 5, eff.
Sept. 1, 2001.
For text of section as amended by Acts 2001, 77th Leg., ch. 1029,
§ 1, see § 312.006, ante
SUBCHAPTER B. TAX ABATEMENT IN MUNICIPAL REINVESTMENT ZONE
§ 312.201. DESIGNATION OF REINVESTMENT ZONE. (a) The
governing body of a municipality by ordinance may designate as a
reinvestment zone an area, or real or personal property the use of
which is directly related to outdoor advertising, in the taxing
jurisdiction or extraterritorial jurisdiction of the municipality
that the governing body finds satisfies the requirements of Section
312.202.
(b) The ordinance must describe the boundaries of the zone
and the eligibility of the zone for residential tax abatement or
commercial-industrial tax abatement or tax increment financing as
provided for in Chapter 311.
(c) Area of a reinvestment zone designated for residential
tax abatement or commercial-industrial tax abatement may be
included in an overlapping or coincidental residential or
commercial-industrial zone. In that event, the zone in which the
property is considered to be located for purposes of executing an
agreement under Section 312.204 or 312.211 is determined by the
comprehensive zoning ordinance, if any, of the municipality.
(d) The governing body may not adopt an ordinance
designating an area as a reinvestment zone until the governing body
has held a public hearing on the designation and has found that the
improvements sought are feasible and practical and would be a
benefit to the land to be included in the zone and to the
municipality after the expiration of an agreement entered into
under Section 312.204 or 312.211, as applicable. At the hearing,
interested persons are entitled to speak and present evidence for
or against the designation. Not later than the seventh day before
the date of the hearing, notice of the hearing must be:
(1) published in a newspaper having general
circulation in the municipality; and
(2) delivered in writing to the presiding officer of
the governing body of each taxing unit that includes in its
boundaries real property that is to be included in the proposed
reinvestment zone.
(e) A notice made under Subsection (d)(2) is presumed
delivered when placed in the mail postage paid and properly
addressed to the appropriate presiding officer. A notice properly
addressed and sent by registered or certified mail for which a
return receipt is received by the sender is considered to have been
delivered to the addressee.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 2, § 14.08(a), eff. Aug. 28,
1989; Acts 1997, 75th Leg., ch. 855, § 10, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1333, § 2, eff. Sept. 1, 1997.
§ 312.2011. ENTERPRISE ZONE. Designation of an area as
an enterprise zone under Chapter 2303, Government Code constitutes
designation of the area as a reinvestment zone under this
subchapter without further hearing or other procedural
requirements other than those provided by Chapter 2303, Government
Code.
Added by Acts 1989, 71st Leg., ch. 1106, § 28, eff. Aug. 28,
1989. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(22), eff.
Sept. 1, 1995.
§ 312.202. CRITERIA FOR REINVESTMENT ZONE. (a) To be
designated as a reinvestment zone under this subchapter, an area
must:
(1) substantially arrest or impair the sound growth of
the municipality creating the zone, retard the provision of housing
accommodations, or constitute an economic or social liability and
be a menace to the public health, safety, morals, or welfare in its
present condition and use because of the presence of:
(A) a substantial number of substandard, slum,
deteriorated, or deteriorating structures;
(B) the predominance of defective or inadequate
sidewalks or streets;
(C) faulty size, adequacy, accessibility, or
usefulness of lots;
(D) unsanitary or unsafe conditions;
(E) the deterioration of site or other
improvements;
(F) tax or special assessment delinquency
exceeding the fair value of the land;
(G) defective or unusual conditions of title;
(H) conditions that endanger life or property by
fire or other cause; or
(I) any combination of these factors;
(2) be predominantly open and, because of obsolete
platting, deterioration of structures or site improvements, or
other factors, substantially impair or arrest the sound growth of
the municipality;
(3) be in a federally assisted new community located
in a home-rule municipality or in an area immediately adjacent to a
federally assisted new community located in a home-rule
municipality;
(4) be located entirely in an area that meets the
requirements for federal assistance under Section 119 of the
Housing and Community Development Act of 1974 (42 U.S.C. Section
5318);
(5) encompass signs, billboards, or other outdoor
advertising structures designated by the governing body of the
municipality for relocation, reconstruction, or removal for the
purpose of enhancing the physical environment of the municipality,
which the legislature declares to be a public purpose; or
(6) be reasonably likely as a result of the
designation to contribute to the retention or expansion of primary
employment or to attract major investment in the zone that would be
a benefit to the property and that would contribute to the economic
development of the municipality.
(b) For purposes of this section, a federally assisted new
community is a federally assisted area:
(1) that has received or will receive assistance in
the form of loan guarantees under Title X of the National Housing
Act (12 U.S.C. Section 1749aa et seq.); and
(2) a portion of which has received grants under
Section 107 of the Housing and Community Development Act of 1974 (42
U.S.C. Section 5307) made pursuant to the authority created by that
section for grants in behalf of new communities assisted under
Title VII of the Housing and Urban Development Act of 1970 or Title
IV of the Housing and Urban Development Act of 1968 or in behalf of
new community projects assisted under Title X of the National
Housing Act (12 U.S.C. Section 1749aa et seq.).
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 2, § 14.09(a), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 1106, § 29, eff. Aug. 28, 1989.
§ 312.203. EXPIRATION OF REINVESTMENT ZONE. The
designation of a reinvestment zone for residential or
commercial-industrial tax abatement expires five years after the
date of the designation and may be renewed for periods not to exceed
five years, except that a reinvestment zone that is a state
enterprise zone is designated for the same period as a state
enterprise zone as provided by Chapter 2303, Government Code. The
expiration of the designation does not affect an existing tax
abatement agreement made under this subchapter.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 985, § 12, eff. Sept. 1,
1995.
§ 312.204. MUNICIPAL TAX ABATEMENT AGREEMENT.
Text of subsec. (a) as amended by Acts 2001, 77th Leg., ch. 560,
§ 1
(a) The governing body of a municipality eligible to enter
into tax abatement agreements under Section 312.002 may agree in
writing with the owner of taxable real property that is located in a
reinvestment zone, but that is not in an improvement project
financed by tax increment bonds, to exempt from taxation a portion
of the value of the real property or of tangible personal property
located on the real property, or both, for a period not to exceed 10
years, subject to the rights of holders of outstanding bonds of the
municipality, on the condition that the owner of the property make
specific improvements or repairs to the property. An agreement may
provide for the exemption of the real property in each year covered
by the agreement only to the extent its value for that year exceeds
its value for the year in which the agreement is executed. The
agreement may take effect on January 1 of the next tax year after
the date the improvements or repairs are substantially completed.
An agreement may provide for the exemption of tangible personal
property located on the real property in each year covered by the
agreement other than tangible personal property that was located on
the real property at any time before the period covered by the
agreement with the municipality, and other than inventory or
supplies. In a municipality that has a comprehensive zoning
ordinance, an improvement, repair, development, or redevelopment
taking place under an agreement under this section must conform to
the comprehensive zoning ordinance.
Text of subsec. (a) as amended by Acts 2001, 77th Leg., ch. 640,
§ 1
(a) The governing body of a municipality eligible to enter
into tax abatement agreements under Section 312.002 may agree in
writing with the owner of taxable real property that is located in a
reinvestment zone, but that is not in an improvement project
financed by tax increment bonds, to exempt from taxation a portion
of the value of the real property or of tangible personal property
located on the real property, or both, for a period not to exceed 10
years, on the condition that the owner of the property make specific
improvements or repairs to the property. The governing body of an
eligible municipality may agree in writing with the owner of a
leasehold interest in tax-exempt real property that is located in a
reinvestment zone, but that is not in an improvement project
financed by tax increment bonds, to exempt a portion of the value of
property subject to ad valorem taxation, including the leasehold
interest, improvements, or tangible personal property located on
the real property, for a period not to exceed 10 years, on the
condition that the owner of the leasehold interest make specific
improvements or repairs to the real property. A tax abatement
agreement under this section is subject to the rights of holders of
outstanding bonds of the municipality. An agreement exempting
taxable real property or leasehold interests or improvements on
tax-exempt real property may provide for the exemption of such
taxable interests in each year covered by the agreement only to the
extent its value for that year exceeds its value for the year in
which the agreement is executed. An agreement exempting tangible
personal property located on taxable or tax-exempt real property
may provide for the exemption of tangible personal property located
on the real property in each year covered by the agreement other
than tangible personal property that was located on the real
property at any time before the period covered by the agreement with
the municipality, including inventory and supplies. In a
municipality that has a comprehensive zoning ordinance, an
improvement, repair, development, or redevelopment taking place
under an agreement under this section must conform to the
comprehensive zoning ordinance.
Text of subsec. (a) as amended by Acts 2001, 77th Leg., ch. 1258,
§ 1
(a) The governing body of a municipality eligible to enter
into tax abatement agreements under Section 312.002 may agree in
writing with the owner of taxable real property that is located in a
reinvestment zone, but that is not in an improvement project
financed by tax increment bonds, to exempt from taxation a portion
of the value of the real property or of tangible personal property
located on the real property, or both, for a period not to exceed 10
years, on the condition that the owner of the property make specific
improvements or repairs to the property. The governing body of an
eligible municipality may agree in writing with the owner of a
leasehold interest in real property that is located in a
reinvestment zone to exempt a portion of the value of the leasehold
interest, if taxable, or of improvements or tangible personal
property located on the real property subject to the leasehold
interest, for a period not to exceed 10 years, on the condition that
the owner of the leasehold interest make specific improvements or
repairs to the real property. A tax abatement agreement under this
section is subject to the rights of holders of outstanding bonds of
the municipality. An agreement exempting taxable real property may
provide for the exemption of the real property in each year covered
by the agreement only to the extent its value for that year exceeds
its value for the year in which the agreement is executed. An
agreement exempting tangible personal property located on real
property may provide for the exemption of tangible personal
property located on the real property in each year covered by the
agreement other than tangible personal property that was located on
the real property at any time before the period covered by the
agreement with the municipality, and other than inventory or
supplies. In a municipality that has a comprehensive zoning
ordinance, an improvement, repair, development, or redevelopment
taking place under an agreement under this section must conform to
the comprehensive zoning ordinance.
(b) The agreements made with the owners of property in a
reinvestment zone must contain identical terms for the portion of
the value of the property that is to be exempt and the duration of
the exemption. For purposes of this subsection, if agreements made
with the owners of property in a reinvestment zone before September
1, 1989, exceed 10 years in duration, agreements made with owners of
property in the zone on or after that date must have a duration of 10
years.
(c) The property subject to an agreement made under this
section may be located in the extraterritorial jurisdiction of the
municipality. In that event, the agreement applies to taxes of the
municipality if the municipality annexes the property during the
period specified in the agreement.
(d) Except as otherwise provided by this subsection,
property that is in a reinvestment zone and that is owned or leased
by a person who is a member of the governing body of the
municipality or a member of a zoning or planning board or commission
of the municipality is excluded from property tax abatement or tax
increment financing. Property that is subject to a tax abatement
agreement in effect when the person becomes a member of the
governing body or of the zoning or planning board or commission does
not cease to be eligible for property tax abatement under that
agreement because of the person's membership on the governing body,
board, or commission. Property that is subject to tax increment
financing when the person becomes a member of the governing body or
of the zoning or planning board or commission does not become
ineligible for tax increment financing in the same reinvestment
zone because of the person's membership on the governing body,
board, or commission.
(e) The governing body of a municipality eligible to enter
into tax abatement agreements under Section 312.002 may agree in
writing with the owner or lessee of real property that is located in
a reinvestment zone to exempt from taxation for a period not to
exceed 10 years a portion of the value of the real property or of
personal property, or both, located within the zone and owned or
leased by a certificated air carrier, on the condition that the
certificated air carrier make specific real property improvements
or lease for a term of 10 years or more real property improvements
located within the reinvestment zone. An agreement may provide for
the exemption of the real property in each year covered by the
agreement to the extent its value for that year exceeds its value
for the year in which the agreement is executed. An agreement may
provide for the exemption of the personal property owned or leased
by a certificated air carrier located within the reinvestment zone
in each year covered by the agreement other than specific personal
property that was located within the reinvestment zone at any time
before the period covered by the agreement with the municipality.
(f) The agreements made with owners of property in an
enterprise zone that is also designated as a reinvestment zone are
not required to contain identical terms for the portion of the value
of property that is to be exempt and the duration of the agreement.
Text of subsec. (g) as added by Acts 2003, 78th Leg., ch. 149, §
18
(g) Notwithstanding the other provisions of this chapter,
the governing body of a municipality eligible to enter into tax
abatement agreements under Section 312.002 may agree in writing
with the owner of real property that is located in a reinvestment
zone to exempt from taxation for a period not to exceed five years a
portion of the value of the real property or of tangible personal
property located on the real property, or both, that is used to
provide housing for military personnel employed at a military
facility located in or near the municipality. An agreement may
provide for the exemption of the real property in each year covered
by the agreement only to the extent its value for that year exceeds
its value for the year in which the agreement is executed. An
agreement may provide for the exemption of tangible personal
property located on the real property in each year covered by the
agreement other than tangible personal property that was located on
the real property at any time before the period covered by the
agreement with the municipality and other than inventory or
supplies. The governing body of the municipality may adopt
guidelines and criteria for tax abatement agreements entered into
under this subsection that are different from the guidelines and
criteria that apply to tax abatement agreements entered into under
another provision of this section. Tax abatement agreements
entered into under this subsection are not required to contain
identical terms for the portion of the value of the property that is
to be exempt or for the duration of the exemption as tax abatement
agreements entered into with the owners of property in the
reinvestment zone under another provision of this section.
Text of subsec. (g) as added by Acts 2003, 78th Leg., ch. 978, § 5
(g) The Texas Department of Economic Development or its
successor may recommend that a taxing unit enter into a tax
abatement agreement with a person under this chapter. In
determining whether to enter into a tax abatement agreement under
this section, the governing body of a municipality shall consider
any recommendation made by the Texas Department of Economic
Development or its successor.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 2, § 14.10(a), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 486, § 1, eff. June 14, 1989;
Acts 1989, 71st Leg., ch. 1137, § 6, 7, eff. Sept. 1, 1989; Acts
1995, 74th Leg., ch. 985, § 13, eff. Sept. 1, 1995; Acts 2001,
77th Leg., ch. 560, § 1, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 640, § 1, eff. June 13, 2001; Acts 2001, 77th Leg., ch.
765, § 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1016,
§ 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1258, § 1,
eff. June 15, 2001; Acts 2003, 78th Leg., ch. 149, § 18, eff. May
27, 2003; Acts 2003, 78th Leg., ch. 978, § 5, eff. Sept. 1, 2003.
§ 312.2041. NOTICE OF TAX ABATEMENT AGREEMENT TO OTHER
TAXING UNITS. (a) Not later than the seventh day before the date
on which a municipality enters into an agreement under Section
312.204 or 312.211, the governing body of the municipality or a
designated officer or employee of the municipality shall deliver to
the presiding officer of the governing body of each other taxing
unit in which the property to be subject to the agreement is located
a written notice that the municipality intends to enter into the
agreement. The notice must include a copy of the proposed
agreement.
(b) A notice is presumed delivered when placed in the mail
postage paid and properly addressed to the appropriate presiding
officer. A notice properly addressed and sent by registered or
certified mail for which a return receipt is received by the sender
is considered to have been delivered to the addressee.
(c) Failure to deliver the notice does not affect the
validity of the agreement.
Added by Acts 1989, 71st Leg., ch. 2, § 14.11(a), eff. Aug. 28,
1989. Amended by Acts 1989, 71st Leg., ch. 1137, § 8, eff. Sept.
1, 1989; Acts 1997, 75th Leg., ch. 855, § 11, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1333, § 3, eff. Sept. 1, 1997.
§ 312.205. SPECIFIC TERMS OF TAX ABATEMENT
AGREEMENT. (a) An agreement made under Section 312.204 or
312.211 must:
(1) list the kind, number, and location of all
proposed improvements of the property;
(2) provide access to and authorize inspection of the
property by municipal employees to ensure that the improvements or
repairs are made according to the specifications and conditions of
the agreement;
(3) limit the uses of the property consistent with the
general purpose of encouraging development or redevelopment of the
zone during the period that property tax exemptions are in effect;
(4) provide for recapturing property tax revenue lost
as a result of the agreement if the owner of the property fails to
make the improvements or repairs as provided by the agreement;
(5) contain each term agreed to by the owner of the
property;
(6) require the owner of the property to certify
annually to the governing body of each taxing unit that the owner is
in compliance with each applicable term of the agreement; and
(7) provide that the governing body of the
municipality may cancel or modify the agreement if the property
owner fails to comply with the agreement.
(b) An agreement made under Section 312.204 or 312.211 may
include, at the option of the governing body of the municipality,
provisions for:
(1) improvements or repairs by the municipality to
streets, sidewalks, and utility services or facilities associated
with the property, except that the agreement may not provide for
lower charges or rates than are made for other services or
properties of a similar character;
(2) an economic feasibility study, including a
detailed list of estimated improvement costs, a description of the
methods of financing all estimated costs, and the time when related
costs or monetary obligations are to be incurred;
(3) a map showing existing uses and conditions of real
property in the reinvestment zone;
(4) a map showing proposed improvements and uses in
the reinvestment zone;
(5) proposed changes of zoning ordinances, the master
plan, the map, building codes, and city ordinances; and
(6) the recapture of all or a portion of property tax
revenue lost as a result of the agreement if the owner of the
property fails to create all or a portion of the number of new jobs
provided by the agreement, if the appraised value of the property
subject to the agreement does not attain a value specified in the
agreement, or if the owner fails to meet any other performance
criteria provided by the agreement, and payment of a penalty or
interest, or both, on that recaptured property tax revenue.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 995, § 3, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 855, § 12, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1333, § 4, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 740, § 1, eff. June 13, 2001.
§ 312.206. TAX ABATEMENT BY OTHER TAXING UNITS. (a) If
property taxes on property located in the taxing jurisdiction of a
municipality are abated under an agreement made under Section
312.204 or 312. 211, the governing body of each other taxing unit
eligible to enter into tax abatement agreements under Section
312.002 in which the property is located may execute a written tax
abatement agreement with the owner of the property. The agreement
is not required to contain terms identical to those contained in the
agreement with the municipality. The execution, duration, and
other terms of an agreement made under this section are governed by
the provisions of Sections 312.204, 312.205, and 312.211 applicable
to a municipality. If the governing body of the taxing unit by
official action at any time before the execution of the municipal
agreement expresses an intent to be bound by the terms of the
municipal agreement if the municipality enters into an agreement
under Section 312.204 or 312.211 with the owner relating to the
property, the terms of the municipal agreement regarding the share
of the property to be exempt in each year of the municipal agreement
apply to the taxation of the property by the taxing unit.
(b) If property taxes on property located in the taxing
jurisdiction of a municipality are abated under an agreement made
by the municipality before September 1, 1989, the terms of the
agreement with the municipality regarding the share of the property
that is to be exempt in each year of the agreement apply to the
taxation of the property by every other taxing unit, other than a
county or school district, in which the property is located. If the
agreement was made before September 1, 1987, the terms regarding
the share of the property to be exempt in each year of the agreement
also apply to the taxation of the property by a county or school
district.
(c) If the governing body of a municipality designates a
reinvestment zone that includes property in the extraterritorial
jurisdiction of the municipality, the governing body of a taxing
unit eligible to enter into tax abatement agreements under Section
312.002 in which the property is located may execute a written
agreement with the owner of the property to exempt from its property
taxes all or part of the value of the property in the same manner and
subject to the same restrictions as provided by Section 312.204 or
312.211 for a municipality. The taxing unit may execute an
agreement even if the municipality does not execute an agreement
for the property, and the terms of the agreement are not required to
be identical to the terms of a municipal agreement. However, if the
governing body of another eligible taxing unit has previously
executed an agreement to exempt all or part of the value of the
property and that agreement is still in effect, the terms of the
subsequent agreement relating to the share of the property that is
to be exempt in each year that the existing agreement remains in
effect must be identical to those of the existing agreement.
(d) If property taxes are abated on property in the
extraterritorial jurisdiction of a municipality due to an agreement
with a county or school district made before September 1, 1989, the
terms of the agreement with the county or school district relating
to the share of the property that is to be exempt in each year of the
agreement apply to the taxation of the property by every other
taxing unit, other than a municipality, school district, or county,
in which the property is located.
(e) If property taxes on property located in an enterprise
zone are abated under this chapter, the governing body of each
taxing jurisdiction may execute a written agreement with the owner
of the property not later than the 90th day after the date the
municipal or county agreement is executed, whichever is later. The
agreement may, but is not required to, contain terms that are
identical to those contained in the agreement with the
municipality, county, or both, whichever applies, and the only
terms of the agreement that may vary are the portion of the property
that is to be exempt from taxation under the agreement and the
duration of the agreement.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 2, § 14.10(b), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 1137, § 9, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 985, § 14, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 855, § 13, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1333, § 5, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 1039, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 765, § 1, eff. Sept. 1, 2001.
§ 312.207. APPROVAL BY GOVERNING BODY. (a) To be
effective, an agreement made under this subchapter must be approved
by the affirmative vote of a majority of the members of the
governing body of the municipality or other taxing unit at a
regularly scheduled meeting of the governing body.
(b) On approval by the governing body, an agreement may be
executed in the same manner as other contracts made by the
municipality or other taxing unit.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
§ 312.208. MODIFICATION OR TERMINATION OF
AGREEMENT. (a) At any time before the expiration of an agreement
made under this subchapter, the agreement may be modified by the
parties to the agreement to include other provisions that could
have been included in the original agreement or to delete
provisions that were not necessary to the original agreement. The
modification must be made by the same procedure by which the
original agreement was approved and executed. The original
agreement may not be modified to extend beyond 10 years from the
date of the original agreement.
(b) An agreement made under this subchapter may be
terminated by the mutual consent of the parties in the same manner
that the agreement was approved and executed.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1137, § 10, eff. Sept. 1,
1989.
§ 312.209. APPLICATION OF NONSEVERABILITY
PROVISION. Section 2, Article 5, Chapter 221, Acts of the 69th
Legislature, Regular Session, 1985, applies to the provisions of
this subchapter that are derived from amendments to the Property
Redevelopment and Tax Abatement Act made by Chapter 221, Acts of the
69th Legislature, Regular Session, 1985 .
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
§ 312.210. AGREEMENT BY TAXING UNITS RELATING TO
PROPERTY IN CERTAIN SCHOOL DISTRICTS. (a) This section applies
only to a tax abatement agreement applicable to property located in
a reinvestment zone with respect to which a municipality, county,
and junior college district have entered into a joint agreement to
offer tax abatements exempting from taxation a specified portion of
the value of the property in the reinvestment zone.
(b) A tax abatement agreement with the owner of real
property or tangible personal property that is located in the
reinvestment zone described by Subsection (a) and in a school
district that has a wealth per student that does not exceed the
equalized wealth level must exempt from taxation:
(1) the portion of the value of the property in the
amount specified in the joint agreement among the municipality,
county, and junior college district; and
(2) an amount equal to 10 percent of the maximum
portion of the value of the property that may under Section
312.204(a) be otherwise exempted from taxation.
(c) In this section, "wealth per student" and "equalized
wealth level" have the meanings assigned those terms by Section
41.001 , Education Code.
Added by Acts 1995, 74th Leg., ch. 1053, § 1, eff. June 17, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 6.84, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 640, § 2, eff. June 13, 2001.
§ 312.211. AGREEMENT BY MUNICIPALITY RELATING TO
PROPERTY SUBJECT TO VOLUNTARY CLEANUP AGREEMENT. (a) This
section applies only to:
(1) real property:
(A) that is located in a reinvestment zone;
(B) that is not in an improvement project
financed by tax increment bonds; and
(C) that is the subject of a voluntary cleanup
agreement under Section 361.606, Health and Safety Code; and
(2) tangible personal property located on the real
property.
(b) The governing body of a municipality eligible to enter
into a tax abatement agreement under Section 312.002 may agree in
writing with the owner of property described by Subsection (a) to
exempt from taxation a portion of the value of the property for a
period not to exceed four years. The agreement takes effect on
January 1 of the next tax year after the date the owner receives a
certificate of completion for the property under Section 361.609,
Health and Safety Code. The agreement may exempt from taxation:
(1) not more than 100 percent of the value of the
property in the first year covered by the agreement;
(2) not more than 75 percent of the value of the
property in the second year covered by the agreement;
(3) not more than 50 percent of the value of the
property in the third year covered by the agreement; and
(4) not more than 25 percent of the value of the
property in the fourth year covered by the agreement.
(c) A property owner may not receive a tax abatement under
this section for the first tax year covered by the agreement unless
the property owner includes with the application for an exemption
under Section 11.28 filed with the chief appraiser of the appraisal
district in which the property has situs a copy of the certificate
of completion for the property.
(d) A property owner who files a copy of the certificate of
completion for property for the first tax year covered by the
agreement is not required to refile the certificate in a subsequent
tax year to receive a tax abatement under this section for the
property for that tax year.
(e) The chief appraiser shall accept a certificate of
completion filed under Subsection (c) as conclusive evidence of the
facts stated in the certificate.
(f) The governing body of the municipality may cancel or
modify the agreement if:
(1) the use of the land is changed from the use
specified in the certificate of completion; and
(2) the governing body determines that the new use may
result in an increased risk to human health or the environment.
(g) A municipality may enter into a tax abatement agreement
covering property described by Subsection (a) under this section or
under Section 312.204, but not under both sections. Section
312.204 applies to an agreement entered into under this section
except as otherwise provided by this section.
(h) A school district may not enter into a tax abatement
agreement under this section.
Added by Acts 1997, 75th Leg., ch. 855, § 8, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1333, § 6, eff. Sept. 1, 1997. Amended
by Acts 2001, 77th Leg., ch. 483, § 6, eff. Sept. 1, 2001.
SUBCHAPTER C. TAX ABATEMENT IN COUNTY REINVESTMENT ZONE
§ 312.401. DESIGNATION OF REINVESTMENT ZONE. (a) The
commissioners court of a county eligible to do so under Section
312.002 by order may designate as a reinvestment zone an area of the
county that does not include area in the taxing jurisdiction of a
municipality.
(b) The commissioners court may not designate an area as a
reinvestment zone until it holds a public hearing on the
designation and finds that the designation would contribute to the
retention or expansion of primary employment or would attract major
investment in the zone that would be a benefit to the property to be
included in the zone and would contribute to the economic
development of the county. At the hearing, interested persons are
entitled to speak and present evidence for or against the
designation. Notice of the hearing must be given in the same manner
as provided for notice of a hearing to be held by a municipality
under Section 312.201.
(c) The designation of a reinvestment zone under this
section expires five years after the date of the designation and may
be renewed for periods not to exceed five years. The expiration of
the designation does not affect existing agreements made under this
subchapter.
(d) Property may be located both in a reinvestment zone
designated by a county under this subchapter and in a reinvestment
zone designated by a municipality under Subchapter B.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 2, § 14.12(a), eff. Aug. 28,
1989.
§ 312.4011. ENTERPRISE ZONE. Designation of an area as
an enterprise zone under Chapter 2303, Government Code constitutes
designation of the area as a reinvestment zone under this
subchapter without further hearing or other procedural
requirements other than those provided by Chapter 2303, Government
Code.
Added by Acts 1989, 71st Leg., ch. 1106, § 30, eff. Aug. 28,
1989. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(22), eff.
Sept. 1, 1995.
§ 312.402. COUNTY TAX ABATEMENT AGREEMENT. (a) The
commissioners court may execute a tax abatement agreement with the
owner of taxable real property located in a reinvestment zone
designated under this subchapter. The court may execute a tax
abatement agreement with the owner of a leasehold interest in
tax-exempt real property or leasehold interests or improvements on
tax-exempt real property that is located in a reinvestment zone
designated under this subchapter to exempt a portion of the value of
tangible personal property or leasehold interests or improvements
on tax-exempt real property located on the real property. The
execution, duration, and other terms of an agreement made under
this section are governed by the provisions of Sections 312.204,
312.205, and 312. 211 applicable to a municipality. Section
312.2041 applies to an agreement made by a county under this section
in the same manner as it applies to an agreement made by a
municipality under Section 312.204 or 312.211.
(b) A tax abatement agreement made by a county has the same
effect on the school districts and other taxing units in which the
property subject to the agreement is located as is provided by
Sections 312.206(a) and (b) for an agreement made by a municipality
to abate taxes on property located in the taxing jurisdiction of the
municipality.
(c) If on or after September 1, 1989, property subject to an
agreement with a county under this section is annexed by a
municipality during the existence of the agreement, the terms of
the county agreement regarding the share of the property to be
exempt in each year of the agreement apply to the taxation of the
property by the municipality if before the annexation the governing
body of the municipality by official action expresses an intent to
enter into an agreement with the owner of the property to abate
taxes on the property if it is annexed or to be bound by the terms of
the county agreement after annexation, even if that official action
of the governing body of the municipality expressing that intent
occurs before September 1, 1989.
(d) Except as otherwise provided by this subsection,
property that is located in a reinvestment zone designated by a
county under this subchapter and that is owned or leased by a person
who is a member of the commissioners court may not be subject to a
tax abatement agreement made under this section. Property that is
subject to a tax abatement agreement under this section in effect
when the person becomes a member of the commissioners court does not
cease to be eligible for property tax abatement under that
agreement because of the person's membership on the commissioners
court.
(e) An agreement made under this section by a county or
other taxing unit may be modified or terminated in the same manner
and subject to the same limitations as provided by Section 312.208
for an agreement made under Subchapter B.
(f) The Texas Department of Economic Development or its
successor may recommend that a taxing unit enter into a tax
abatement agreement with a person under this chapter. In
determining whether to enter into a tax abatement agreement under
this section, the commissioners court of a county shall consider
any recommendation made by the Texas Department of Economic
Development or its successor.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 2, § 14.12(b), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 1137, § 11, eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 855, § 14, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1333, § 7, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 640, § 3, eff. June 13, 2001; Acts 2001, 77th
Leg., ch. 1016, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 978, § 6, eff. Sept. 1, 2003.
