Texas Tax Code

§ 311.010 — POWERS AND DUTIES OF BOARD OF DIRECTORS

TX § 311.010Title 3. LOCAL TAXATION · Part B. SPECIAL PROPERTY TAX PROVISIONS · Ch. 311. TAX INCREMENT FINANCING ACT

Statute text

(a)The board of directors of a reinvestment zone shall make recommendations to the governing body of the municipality or county that created the zone concerning the administration of this chapter in the zone. The governing body of the municipality by ordinance or resolution or the county by order or resolution may authorize the board to exercise any of the municipality's or county's powers with respect to the administration, management, or operation of the zone or the implementation of the project plan for the zone, except that the governing body may not authorize the board to:

(1)issue bonds;

(2)impose taxes or fees;

(3)exercise the power of eminent domain; or

(4)give final approval to the project plan.

(b)The board of directors of a reinvestment zone and the governing body of the municipality or county that creates a reinvestment zone may each enter into agreements as the board or the governing body considers necessary or convenient to implement the project plan and reinvestment zone financing plan and achieve their purposes. An agreement may provide for the regulation or restriction of the use of land by imposing conditions, restrictions, or covenants that run with the land. An agreement may during the term of the agreement dedicate, pledge, or otherwise provide for the use of revenue in the tax increment fund to pay any project costs that benefit the reinvestment zone, including project costs relating to the cost of buildings, schools, or other educational facilities owned by or on behalf of a school district, community college district, or other political subdivision of this state, railroad or transit facilities, affordable housing, the remediation of conditions that contaminate public or private land or buildings, the preservation of the facade of a private or public building, the demolition of public or private buildings, or the construction of a road, sidewalk, or other public infrastructure in or out of the zone, including the cost of acquiring the real property necessary for the construction of the road, sidewalk, or other public infrastructure. An agreement may dedicate revenue from the tax increment fund to pay the costs of providing affordable housing or areas of public assembly in or out of the zone.

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Legislative history

Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 42, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1347 (S.B. 771), Sec. 4, eff. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 14.008, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1358 (S.B. 576), Sec. 1, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1032 (H.B. 2853), Sec. 10, eff. June 17, 2011.