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Economic Development

Summaries

KP-0026
Ken Paxton

A city's charter provision limiting a person's eligibility to serve on a tax increment reinvestment zone board to only city residents conflicts with Tax Code section 311.009(e) and is void.|A charter provision limiting the number of terms a tax increment reinvestment zone board member may serve where Tax Code section 311.009(c) would permit the tax increment reinvestment zone board member to serve an unlimited number of terms likely renders such a charter provision void.|A charter provision limiting the number of terms a tax increment reinvestment zone board member may serve where Tax Code section 311.009(c) would permit the tax increment reinvestment zone board member to serve an unlimited number of terms likely renders such a charter provision void|A home-rule city's charter provision that conflicts with state law is void.|A city's charter provision limiting a person's eligibility to serve on a tax increment reinvestment zone board to only city residents conflicts with Tax Code section 311.900(e) and is void.

KP-0065
Ken Paxton

"Site improvement" under Local Government Code subsection 501.103(1) should be construed to mean an improvement or permanent enhancement made that relates to the development of an area of ground on which a town, building, or monument is constructed.|Under Local Government Code subsection 501.103(1), "site improvement" should be construed to mean an improvement or permanent enhancement made that relates to the development of an area of ground on which a town, building, or monument is constructed.

GA-0004
Greg Abbott

Industrial development corporation, whether it is a "governmental entity"|Transfer public land to private party using industrial development corporation as an intermediary, city may not|Governmental entity

GA-0071
Greg Abbott

Release of obligations, if a business collects and remits municipal sales taxes as required by law, the city's rebate of those taxes to the business does not violate article III, section 55|Sales tax rebate, if a business collects and remits municipal sales taxes as required by law, the city's rebate of those taxes to the business does not violate article III, section 55 of the Texas Constitution|Sales tax rebate, if a business collects and remits municipal sales taxes are required by law, the city's rebate of those taxes to the business does not violate article III, section 55 or the Texas Constitution

GA-0086
Greg Abbott

Development corporation, section 4A corporation may not spend more than 10 percent of its annual revenues for promotional purposes in any given year|Development corporation, city council that created corporation may disapprove of specific expenditures

GA-0156
Greg Abbott

Venue project, authority of commissioners court to expand venue-project sales and use tax|Venue-project sales and use tax, authority of commissioners court to expend|Venue-project sales and use tax election, terms of the election pursuant to which county voters approved the tax constitute a contract with the voters and county is authorized to use venue-project funds for improvements only if the improvements are consis

GA-0264
Greg Abbott

Economic development corporation created under the Development Corporation Act of 1979, whether a section 4A development corporation may grant funds and refund sales taxes to a private corporation in light of amendment to the Act changing the purpose of |Project authorized by the Department Corporation Act of 1979, whether a section 4A development corporation may grant funds and refund sales taxes to a private corporation in light of amendment to the Act changing the purpose of a project from economic dev

GA-0265
Greg Abbott

Sales and use tax authorized by section 4B, article 5190.6, Development Corporation Act of 1979, Gun Barrel City Economic Development Corporation may use to fund youth football field|Legislative finding that projects under section 4B(a)(2)(A), article 5190.6 of the Development Corporation Act of 1979 accomplish public purposes relating to economic development|Ballot proposition in sales and use tax election under section 4B, article 5190.6 of the Development Corporation Act of 1979 forms part of contract with voters|Section 4B, article 5190.6 of the Development Corporation Act of 1979 sales and use tax, Gun Barrel City Economic Development Corporation may use to fund youth football field|Sales and use tax under section 4B, article 5190.6 of the Development Corporation Act of 1979, Gun Barrel City Economic Development Corporation may use to fund youth football field

GA-0276
Greg Abbott

Tax increment financing reinvestment zone, authority of home-rule city to extend a zone's duration beyond the termination date established in the ordinance designating the zone|Home-rule city authority, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule c|Tax increment financing, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule city lacks authority to extend a zone's duration beyond the termination date established in the ordinance designating the zone|Tax increment financing, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule ci

GA-0304
Greg Abbott

Tax abatement agreement, prior tax abatement agreement concerning specific property does not preclude a municipality from abating taxes on different personal property at the same location|New abatement agreement must fully comply with chapter 312 of the Tax Code

GA-0305
Greg Abbott

Tax increment financing, a city may use a tax increment fund to pay a developer for environmental remediation, renovation, or facade preservation if they are "project costs"|Tax increment financing, a tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures from the tax increment fund; if an expenditure is|Tax increment fund is a public fund subject to article III, section 52|Tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures for the tax increment fund|Reimbursement, if a municipal expenditure is subject to Local Government Code chapter 252, the city would be precluded from reimbursing a person for costs incurred for work not performed pursuant to a competitively bid contract

GA-0320
Greg Abbott

Infrastructure, whether construction to improve an intersection constitutes a project authorized under the Development Corporation Act of 1979

GA-0474
Greg Abbott

Homestead preservation reinvestment zone, termination date|Homestead preservation reinvestment zone, tax increment fund, use of|Community housing development organization, homestead preservation district tax exemption, application of|Homestead preservation district, tax exemption, application of|Housing finance corporation, homestead preservation district tax exemption, application of|Homestead preservation district tax increment reinvestment zone, family median income, determination of|Homestead preservation district land trusts

GA-0485
Greg Abbott

Equitable title in public entity, tax exemption of property owned by private-public partnership through

GA-0514
Greg Abbott

Tax increment financing reinvestment zone, whether city may designate as reinvestment zone area that is not “unproductive, underdeveloped, or blighted� if its plan of financing does not include issuance of bonds or notes\r\n

GA-0522
Greg Abbott

Development Corporation Act of 1979, legal and tax-exempt status of privately used commercial projects\r\n|Tax-exempt status of privately used commercial projects under Development Corporation Act of 1979 |Development Corporation Act of 1979, privately used commercial projects \r\n

GA-0529
Greg Abbott

Loan for private housing project, city's authority to make

GA-0603
Greg Abbott

Private non-profit economic development foundtion supported in whole or in part by public funds or that spends public funds is a governmental body and subject to the Public Information Act|Governmental body under the Act, a private entity supported in whole or in part by public funds or spends public funds is a|Fact question, whether private entity is governmental body under the Act is a|Private entity that is a governmental body under section 552.003 of Government Code is subject to Act

GA-0686
Greg Abbott

Comptroller's report on limitation agreements under Tax Code sections 313.008 and 313.032, contents of |Report on limitation agreements under Tax Code sections 313.008 and 313.032, contents of

GA-0725
Greg Abbott

Reservations and assignments in deeds executed by a member of a city council, whether they operate to exclude property from tax increment financing|Tax increment financing, whether reservations and assignments in deeds executed by a member of a city council operate to exclude property from|Own|Owner

GA-0734
Greg Abbott

Tax abatement, calculation of maximum time allowable for|Tax abatement, property in a municipal reinvestment zone, calculation of maximum time allowable for

GA-0819
Greg Abbott

Authority of a Type A corporation under the Development Corporation Act to provide financing of a project involving a nonprofit organization that provides affordable housing services

GA-0990
Greg Abbott

Economic development corporation may obtain benefits for its employees through a risk pool. To the extent permitted by Local Government Code section 501.067, an

GA-1050
Greg Abbott

Local Government Code section 505.152 - Court could conclude that funding for a private radio station\\'s building renovations and equipment upgrades is not of the same kind or class of project as those projects expressly authorized by section 505.152|Local Government Code section 505.152 - Court would likely conclude that funding for a city-owned pavilion is of the same kind or class of project as those projects expressly authorized by section 505.152

GA-1052
Greg Abbott

Major Events Trust Fund statute, Comptroller\\'s authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the METF statute|Comptroller\\'s authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the Major Events Trust Fund statute|Major Events Trust Fund statute, Comptroller\\'s authority under Revised Civil Statute article 5190.14, section 5A to adopt rules to implement the METF statute

GA-1058
Greg Abbott

Local Government Code chapter 377 - whether a particular project qualifies as a development project under chapter 377 is a question of fact inappropriate for attorney general opinion|Local Government Code, chapter 377 - Court likely to conclude that municipal development district may contract with private nonprofit corporation to operate civic center under chapter 377|Texas Constitution article III, section 52 - a grant of public funds by municipal development district deciding to contract with private entity to perform functions related to civic center under Local Government Code chapter 377 must satisfy requirements of article III, section 52|Local Government Code chapter 377 - whether a particular project qualifies as a development project under chapter 377 is a question of fact inappropriate for an attorney general opinion

DM-0080
Dan Morales

Bonds issued by industrial development corporations, hospitals may not be financed by

DM-0137
Dan Morales

Sales tax rate reduction may not be applied to bonds issued prior to date of election|Rate reduction on sales tax levied by city for industrial development corporation may not be applied to bonds issued prior to date of election

DM-0185
Dan Morales

Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52|Municipal grants, cities authorized to offer a range of incentives for economic development, expenditures must comport with article III, section 52 of the Texas Constitution|Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52 of the Texas Constitution|Economic development, city may issue bonds to fund provided that bonds issued in accordance with municipal charter and approved by the voters

DM-0299
Dan Morales

Impairment of contract, retroactive application of law forbidding assumption of debt by economic development corporation would constitute|Note assumed in 1991, economic development corporation obligated on 1991 note may not refrain from payment on basis of statute adopted in 1993

DM-0331
Dan Morales

Community development block grant funds, expenditure of subject to state competitive bidding laws|Community development block grant funds, municipality must expend in accordance with state competitive bidding laws|Competitive bidding laws apply to contract with nonprofit corporation for expenditure of municipality's community development block grant funds|Competitive bidding laws apply to expenditure of community development block grant funds

DM-0390
Dan Morales

Reinvestment zone, authority of city to terminate reinvestment zone and create successor for purposes of setting a new tax increment base|Reinvestment zone, whether city's loan to defunct reinvestment zone may be treated as "project cost" of successor|Reinvestment zone, authority of city to terminate reinvestment zone and create successor for purposes of setting new tax increment base|Reinvestment zone, authority of taxing unit to adjust tax increment base

DM-0456
Dan Morales

Tax abatement agreement, authority of commissioners court to amend by deleting land from reinvestment zone|County tax abatement agreement, authority to amend by deleting land from reinvestment zone|Area|Zone

JC-0032
John Cornyn

Prevailing wage law does not apply to project undertaken by development corporation unless state or political subdivision is a party to the construction contract|Prevailing wage law does not apply to project undertaken by development corporation created by city unless city, state, or another political subdivision is a party to the construction contract

JC-0092
John Cornyn

Grants for economic development, authority of county commissioners court to make|Economic development grants that are the economic equivalent of a tax abatement, authority of county to make

JC-0109
John Cornyn

Development corporation, city that established it may not give public money or free services to but may provide funding and services in exchange for consideration, subject to certain limitations|Development corporation, city that established it may not give public money or free services to but may provide funding and services in exchange for consideration, subject to certain limitations\r\n|Development corporation may sell or lease project to city that established corporation, subject to certain limitations|Development corporation not subject to provisions governing land sales of political subdivisions but must ensure that property purchased with sales and use tax proceeds is sold for fair market value and its board must approve transaction in compliance wit

JC-0118
John Cornyn

Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52 of Texas Constitution|Development Corporation Act of 1979, section 4B sales and use tax proceeds may only be used for project costs; they may not be used for "promotional purposes" unrelated to projects|Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52

JC-0133
John Cornyn

Abatement may not be granted to the owner of property that was previously the subject of a ten-year tax abatement agreement|Tax abatement may not be granted to the owner of property that was previously the subject of a ten-year tax abatement agreement

JC-0141
John Cornyn

Tax increment financing reinvestment zones, authority of municipality to use unexpended tax increment funds to build project outside of terminated zone

JC-0152
John Cornyn

Tax increment financing reinvestment zones, authority of municipality to designate a zone that is not unproductive, underdeveloped, or blighted within meaning of Texas Constitution|School finance system, effect of exclusion of value of property in reinvestment zone from funding equalization formulas on constitutionality of

JC-0252
John Cornyn

Municipal park board, authority to authorize tourist hotel under its management and control to offer fitness center memberships to local residents|Park board, authority to authorize tourist hotel under its management and control to offer fitness center memberships to local residents

JC-0291
John Cornyn

Visitors and tourists|County development districts lack authority to levy ad valorem taxes because authority to levy tax must be express|County development district projects are limited to those that will attract tourism to the county|County development districts lack authority to levy ad valorem taxes|County development district not authorized to undertake general economic development projects, projects limited to those that will attract tourism to the county|Taxation, power of special district to levy ad valorem tax must be express and will not be supported by reference to authority of other entities where legislature has expressly vested district with authority to levy sales and use tax

JC-0300
John Cornyn

Tax abatement agreement with owner of tax-exempt leasehold interest in tax-exempt real property, county's authority to enter into

JC-0327
John Cornyn

Bryan-College Station Economic Development Corporation, nonprofit corporation established by incorporators that contracts with county and cities to coordinate economic development is not a governmental body subject to Open Meetings Act|Nonprofit corporation established by incorporators that contracts with county and cities to coordinate economic development not a governmental body subject to Open Meetings Act

JC-0338
John Cornyn

Conflict of interest standard in Non-Profit Corporation Act applies to directors of development corporation established under article 5190.6, Revised Civil Statutes|Directors of development corporation established under article 5190.6, Revised Civil Statutes, are subject to conflict of interest standard in Non-Profit Corporation Act|Development corporation established under article 5190.6, Revised Civil Statutes, directors are subject to conflict of interest standard in Non-Profit Corporation Act

JC-0349
John Cornyn

Term of office of director of economic development corporation established under article 5190.6, section 4A of the Revised Civil Statutes|Director of economic development corporation established under article 5190.6, section 4A of the Revised Civil Statutes may be reappointed to subsequent term|Subsequent term, director of economic development corporation established under article 5190.6, section 4A of the Revised Civil Statutes may be reappointed to

JC-0362
John Cornyn

Sales and use tax levied under section 4A of Development Corporation Act of 1979, authority to make a "grant" of tax proceeds for "rehabilitation and job training/educational facility"

JC-0400
John Cornyn

Park project not specifically approved at tax election, use of section 4B sales and use tax proceeds collected under Development Corporation Act of 1979 for|Development Corporation Act of 1979, use of section 4B sales and use tax proceeds for park project not specifically approved at tax election

JC-0488
John Cornyn

Election proposition, if authorizes use of Development Corporation Act of 1979, section 4B, sales and use tax proceeds for access road to undeveloped commercially zoned property|Development Corporation Act of 1979, section 4B sales and use tax, if election proposition authorizes use of proceeds for access road to undeveloped commercially zoned property|Access road to undeveloped commercially zoned property, use of sales and use tax collected under section 4B of Development Corporation Act of 1979 for

JC-0494
John Cornyn

Development Corporation Act of 1979, section 4B sales and use tax election proposition approved in Gun Barrel City limits tax proceeds to projects that promote business development|Election proposition limits use of Development Corporation Act of 1979, section 4B sales and use tax collected in Gun Barrel City to business development projects|Project that does not promote business development, use of sales and use tax collected under section 4B of Development Corporation Act of 1979 for

JC-0547
John Cornyn

Executive director of corporation, mayor of city that creates industrial development corporation is not prohibited from serving as, but he may in certain instances be obliged to disclose his relationship when city council considers matters involving the c

JC-0553
John Cornyn

Economic development corporation created under article 5190.6, section 4A of the Revised Civil Statutes and dissolving following voter initiative, creating municipality must approve plan of dissolution|Dissolution plan of economic development corporation created under article 5190.6, section 4A of the Revised Civil Statutes and dissolving following vote of electorate must be approved by creating unit

JC-0567
John Cornyn

Eligible project in an enterprise zone, authority to grant additional and concurrent designation in a single enterprise zone enterprise to a qualified business|Eligible project in an enterprise zone, additional and concurrent designation of a qualified business in a single enterprise zone for additional job allocation and sales tax refund|Post-enactment statements by legislators are not evidence of legislative intent|Eligible project in an enterprise zone, additional and concurrent designation of a qualified business in a single enterprise zone

JC-0581
John Cornyn

Breeders' Cup races for which race track may obtain reimbursement for capital costs and improvements under section 6.094 of the Texas Racing Act, "The Great State Challenge" does not qualify as one

JM-1227
Jim Mattox

Guarantor for the obligations of a private entity for an economic development purpose, city may not lend its credit by being except pursuant to statute implementing article III, section 52-a of the Texas Constitution|City may not lend its credit by being a guarantor for the obligations of a private entity for an economic development purpose except pursuant to statute implementing article III, section 52-a of the Texas Constitution|Guarantor for the obligations of a private entity for an economic development purpose, city may not lend its credit by being except pursuant to statute implementing article III, section 52-a

KP-0461
Ken Paxton

Section 1069.211, Special District Local Laws Code, authorizes the Nacogdoches County Hospital District to allocate for economic development up to one-fourth of one percent of its annual sales and use tax revenue.