LOCAL GOVERNMENT CODE

TITLE 12. PLANNING AND DEVELOPMENT

SUBTITLE A. MUNICIPAL PLANNING AND DEVELOPMENT

CHAPTER 378. NEIGHBORHOOD EMPOWERMENT ZONE

Sec. 378.001.  DEFINITION.  In this chapter, "zone" means a neighborhood empowerment zone created by a municipality under this chapter.
Added by Acts 1999, 76th Leg., ch. 305, Sec. 1, eff. May 29, 1999.

Sec. 378.002.  CREATION OF ZONE.  A municipality may create a neighborhood empowerment zone covering a part of the municipality if the municipality determines the creation of the zone would promote:
(1)  the creation of affordable housing, including manufactured housing, in the zone;
(2)  an increase in economic development in the zone;
(3)  an increase in the quality of social services, education, or public safety provided to residents of the zone;  or
(4)  the rehabilitation of affordable housing in the zone.
Added by Acts 1999, 76th Leg., ch. 305, Sec. 1, eff. May 29, 1999.

Sec. 378.003.  ADOPTION OF ZONE.  (a)  A municipality may create a zone if the governing body of the municipality adopts a resolution containing:
(1)  the determination described by Section 378.002;
(2)  a description of the boundaries of the zone;
(3)  a finding by the governing body that the creation of the zone benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the municipality;  and
(4)  a finding by the governing body that the creation of the zone satisfies the requirements of Section 312.202, Tax Code.
(b)  A municipality may create more than one zone and may include an area in more than one zone.
Added by Acts 1999, 76th Leg., ch. 305, Sec. 1, eff. May 29, 1999.

Sec. 378.004.  MUNICIPAL POWERS.  In addition to other powers that a municipality may exercise, a municipality may:
(1)  waive or adopt fees related to the construction of buildings in the zone, including fees related to the inspection of buildings and impact fees;
(2)  enter into agreements, for a period of not more than 10 years, for the purpose of benefiting the zone, for refunds of municipal sales tax on sales made in the zone;
(3)  enter into agreements abating municipal property taxes on property in the zone subject to the duration limits of Section 312.204, Tax Code;  and
(4)  set baseline performance standards, such as the Energy Star Program as developed by the Department of Energy, to encourage the use of alternative building materials that address concerns relating to the environment or to the building costs, maintenance, or energy consumption.
Added by Acts 1999, 76th Leg., ch. 305, Sec. 1, eff. May 29, 1999.  Amended by Acts 2001, 77th Leg., ch. 1263, Sec. 5, eff. Sept. 1, 2001.