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80C402(1) CLG

SUBTITLE C1.

ADDITIONAL PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT

CHAPTER 501.

PROVISIONS GOVERNING DEVELOPMENT CORPORATIONS

SUBCHAPTER A.

GENERAL PROVISIONS

Revised Law

501.001.

SHORT TITLE.

This subtitle may be cited as the Development Corporation Act.

(V.A.C.S. Art. 5190.6,

Sec. 1.)

Source Law

This Act may be cited as the "Development Corporation Act of 1979."

Revisor's Note

Section 1, V.A.C.S.

Article 5190.6, states that the

article may be cited as the "'Development Corporation Act of 1979.'"

The revised law omits the reference to 1979, the year

Article 5190.6 was enacted, because since no other statute has a similar title it is unnecessary and does not add to the clear meaning of the law.

Revised Law

501.002.

DEFINITIONS.

In this subtitle:

"Authorizing unit" means the unit that authorizes the creation of a corporation under this subtitle.

"Board of directors" means the board of directors of a corporation.

"Bonds" includes notes and other evidences of indebtedness.

"Corporate headquarters facilities" means buildings proposed for construction or occupancy as the principal office for a business enterprise's administrative and management services.

"Corporation" means a corporation organized under this subtitle.

"County alliance" means two or more counties that jointly authorize the creation of a corporation under this subtitle.

"District" means a conservation and reclamation district established under

Section 59,

Article XVI, Texas Constitution.

"Economic development office" means the Texas Economic Development and Tourism Office.

"Governing body" means the commissioners court of a county or the governing body of a municipality or district.

"Institution of higher education" has the meaning assigned by

Section 61.003, Education Code.

"Primary job" means:

a job that is:

available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy; and

included in one of the following sectors of the North American Industry Classification System (NAICS):

NAICS Sector #

Description

Crop Production

Animal Production

Forestry and Logging

Commercial Fishing

Support Activities for Agriculture and Forestry

Utilities

Manufacturing

Wholesale Trade

Transportation and Warehousing

51 (excluding 512131 and 512132)

Information (excluding motion picture theaters and drive-in motion picture theaters)

Securities, Commodity Contracts, and Other Financial Investments and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles

5413, 5415, 5416, 5417, and 5419

Architectural, Engineering, and Related Services; Computer System Design and Related Services; Management, Scientific, and Technical Consulting Services; Scientific Research and Development Services; Other Professional, Scientific, and Technical Services

Management of Companies and Enterprises

Telephone Call Centers

Correctional Institutions; or

a job that is included in North American Industry Classification System (NAICS) sector number 928110, National Security, for the corresponding index entries for Armed Forces, Army, Navy, Air Force, Marine Corps, and Military Bases.

"Project" means a project specified as such under Subchapter C.

"Resolution" means a resolution, order, ordinance, or other official action by the governing body of a unit.

"Type A corporation" means a corporation governed by

Chapter 504.

"Type B corporation" means a corporation governed by

Chapter 505.

"Unit" means a municipality, county, or district that may create and use a corporation under this subtitle.

(V.A.C.S. Art. 5190.6, Secs. 2(1), (2), (3), (7), (8), (9), (10) (part), (11) (part), as amended Acts 79th Leg., R.S., Chs. 1, 1048, 1148, (12), (13), (14), (15), as added Acts 76th Leg., R.S., Ch. 296, (17), (18); New.)

Source Law

Wherever used in this Act unless a different meaning clearly appears in the context, the following terms, whether singular or plural, shall mean as follows:

"Board of directors" shall mean the board of directors of any corporation organized pursuant to the provisions of this Act.

"Department" shall mean the Texas Department of Commerce.

"Corporation" shall mean any industrial development corporation organized pursuant to the provisions of this Act.

"County alliance" means two or more counties that jointly authorize the creation of a corporation under this Act.

"District" shall mean a conservation and reclamation district established under authority of

Article XVI,

Section 59, of the Texas Constitution.

"Governing body" shall mean the board, council, commission, commissioners court, or legislative body of the unit.

"Industrial development corporation" shall mean a corporation created and existing under the provisions of this Act

"Project" shall mean

"Resolution" shall mean the resolution, order, ordinance, or other official action by the governing body of a unit.

"Unit" shall mean a city, county, or district which may create and utilize a corporation.

"Bonds" includes bonds, notes, and other evidences of indebtedness.

"Institution of higher education" has the meaning assigned by

Section 61.003, Education Code.

"Primary job" means:

a job that is:

available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy; and

included in one of the following sectors of the North American Industry Classification System (NAICS):

NAICS Sector #

Description

Crop Production

Animal Production

Forestry and Logging

Commercial Fishing

Support Activities for Agriculture and Forestry

Utilities

Manufacturing

Wholesale Trade

Transportation and Warehousing

51 (excluding 512131 and 512132)

Information (excluding movie theaters and drive-in theaters)

Securities, Commodity Contracts, and Other Financial Investments and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles

5413, 5415, 5416, 5417, and 5419

Scientific Research and Development Services

Management of Companies and Enterprises

Telephone Call Centers

Correctional Institutions; or

a job that is included in North American Industry Classification System (NAICS) sector number 928110, National Security, for the corresponding index entries for Armed Forces, Army, Navy, Air Force, Marine Corps, and Military Bases.

"Corporate headquarters facilities" means buildings proposed for construction or occupancy as the principal office for a business enterprise's administrative and management services.

Revisor's Note

Section 2, V.A.C.S.

Article 5190.6, states that the defined terms have the meanings given "unless a different meaning clearly appears in the context."

The revised law omits this limitation because each defined term is used consistently in the revision in the context to which the definition applies.

Section 2, V.A.C.S.

Article 5190.6, defines certain terms and provides that the terms have their defined meanings "whether singular or plural."

The revised law omits this language as unnecessary because

Section 311.012(b), Government Code (Code Construction Act), applicable to the revised law, provides that "[t]he singular includes the plural and the plural includes the singular."

Section 2(2), V.A.C.S.

Article 5190.6, defines "department" as the "Texas Department of Commerce."

The revised law substitutes "economic development office" for "department" and defines "economic development office" as the "Texas Economic Development and Tourism Office" to reflect the transfers of functions from the Texas Department of Commerce to the Texas Department of Economic Development, and from the Texas Department of Economic Development to the Texas E