Sec. 311.008. POWERS OF MUNICIPALITY OR COUNTY. (a) In this section, "educational facility" includes equipment, real property, and other facilities, including a public school building, that are used or intended to be used jointly by the municipality or county and an independent school district.
(b) A municipality or county may exercise any power necessary and convenient to carry out this chapter, including the power to:
(1) cause project plans to be prepared, approve and implement the plans, and otherwise achieve the purposes of the plan;
(2) acquire real property by purchase, condemnation, or other means and sell real property, on the terms and conditions and in the manner it considers advisable, to implement project plans;
(3) enter into agreements, including agreements with bondholders, determined by the governing body of the municipality or county to be necessary or convenient to implement project plans and achieve their purposes, which agreements may include conditions, restrictions, or covenants that run with the land or that by other means regulate or restrict the use of land; and
(4) consistent with the project plan for the zone:
(A) acquire blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed real property or other property in a blighted area or in a federally assisted new community in the zone for the preservation or restoration of historic sites, beautification or conservation, the provision of public works or public facilities, or other public purposes;
(B) acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities; or
(C) in a reinvestment zone created on or before September 1, 1999, acquire, construct, or reconstruct educational facilities in the municipality.
(c) The powers authorized by Subsection (b)(2) prevail over any law or municipal charter to the contrary.
(d) A municipality or county may make available to the public on request financial information regarding the acquisition by the municipality or county of land in the zone when the municipality or county acquires the land.
(e) The implementation of a project plan to alleviate a condition described by Section 311.005(a)(1), (2), or (3) and to promote development or redevelopment of a reinvestment zone in accordance with this chapter serves a public purpose.
Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 44, Sec. 2, eff. Oct. 20, 1987; Acts 1999, 76th Leg., ch. 1521, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 39, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 40, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1347 (S.B. 771), Sec. 2, eff. June 18, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1032 (H.B. 2853), Sec. 7, eff. June 17, 2011.
Structure Texas Statutes
Subtitle B - Special Property Tax Provisions
Chapter 311 - Tax Increment Financing Act
Section 311.003. Procedure for Creating Reinvestment Zone
Section 311.0031. Enterprise Zone
Section 311.004. Contents of Reinvestment Zone Ordinance or Order
Section 311.005. Criteria for Reinvestment Zone
Section 311.006. Restrictions on Composition of Reinvestment Zone
Section 311.007. Changing Boundaries or Term of Existing Zone
Section 311.008. Powers of Municipality or County
Section 311.0085. Power of Certain Municipalities
Section 311.0087. Restriction on Powers of Certain Municipalities
Section 311.009. Composition of Board of Directors
Section 311.0091. Composition of Board of Directors of Certain Reinvestment Zones
Section 311.0092. Notice to State Senator and State Representative; Waiver of Service on Board
Section 311.010. Powers and Duties of Board of Directors
Section 311.01005. Costs Associated With Transportation or Transit Projects
Section 311.0101. Participation of Disadvantaged Businesses in Certain Zones
Section 311.011. Project and Financing Plans
Section 311.012. Determination of Amount of Tax Increment
Section 311.0123. Sales Tax Increment
Section 311.0125. Tax Abatement Agreements
Section 311.013. Collection and Deposit of Tax Increments
Section 311.014. Tax Increment Fund
Section 311.015. Tax Increment Bonds and Notes
Section 311.016. Annual Report by Municipality or County
Section 311.0163. Annual Report by Comptroller
Section 311.017. Termination of Reinvestment Zone
Section 311.018. Conflicts With Municipal Charter
Section 311.019. Central Registry