Sec. 501.160. OWNING OR OPERATING PROJECT AS BUSINESS. (a) Except as provided by Subsection (d), a corporation may not own or operate a project as a business other than:
(1) as a lessor, seller, or lender; or
(2) according to the requirements of any trust agreement securing the credit transaction.
(b) The user under a lease, sale, or loan agreement relating to a project is considered the owner of the project for purposes of ad valorem taxes, sales and use taxes, or any other taxes imposed by this state or a political subdivision of this state.
(c) Purchasing and holding a mortgage, deed of trust, or other security interest or contracting for the servicing of a mortgage, deed of trust, or other security interest is not considered the operation of a project.
(d) A corporation has all the powers necessary to own and operate a project as a business if:
(1) the project is a military installation or military facility that has been closed or realigned, including a military installation or facility closed or realigned under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note), as amended; or
(2) the project is authorized under Section 501.106.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 795 (H.B. 2772), Sec. 2, eff. June 17, 2015.
Structure Texas Statutes
Title 12 - Planning and Development
Chapter 501 - Provisions Governing Development Corporations
Subchapter D. Corporate Powers and Limitations Relating to Projects
Section 501.151. Authority to Finance Project
Section 501.152. Definition of Cost With Respect to Project
Section 501.153. Lease or Sale of Project
Section 501.154. Conveyance of Property to Institution of Higher Education
Section 501.155. Loan to Finance Project
Section 501.156. Agreement Must Benefit Corporation
Section 501.157. Default on Agreement; Enforcement
Section 501.158. Performance Agreements
Section 501.159. Powers Concerning Projects; Jurisdiction
Section 501.160. Owning or Operating Project as Business
Section 501.161. Certain Economic Incentives Prohibited
Section 501.162. Use of Tax Revenue for Job Training
Section 501.163. Use of Tax Revenue for Job-Related Skills Training by Certain Corporations