CHAPTER 381. COUNTY DEVELOPMENT AND GROWTH
LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE B. COUNTY PLANNING AND DEVELOPMENT
CHAPTER 381. COUNTY DEVELOPMENT AND GROWTH
Sec. 381.001. COUNTY INDUSTRIAL COMMISSION. (a) The county
judge of a county may appoint a county industrial commission.
(b) The commission must consist of not less than seven persons
who must be residents of the county and must have exhibited
interest in the industrial development of the county.
(c) In a county with a population of 13,000 to 13,040, or 15,900
to 16,100, or 18,570 to 18,600, or 24,000 to 25,000, a person
appointed to the commission also must be serving or must have
served on an industrial foundation committee, commissioners
court, municipality's governing body, or school board. In
addition, in those counties information obtained by the
commission shall be available to the commissioners court.
(d) A member of the commission serves a term of two years.
(e) The county may pay the necessary expenses of the commission.
(f) The commission shall investigate and undertake ways of
promoting the prosperous development of business, industry, and
commerce in the county. The commission shall promote the location
and development of new businesses and industries in the county
and the maintenance and expansion of existing businesses.
(g) The commission shall cooperate with and use the services of
the Texas Department of Commerce.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 78(a), eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 597, Sec. 103, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 669, Sec. 106, eff. Sept. 1,
2001.
Sec. 381.002. ADVERTISING AND PROMOTING GROWTH AND DEVELOPMENT.
(a) If authorized by a majority vote of the qualified voters of
the county voting at an election, the commissioners court of the
county may appropriate from the county's general fund an amount
not to exceed five cents on the $100 assessed valuation to
advertise and promote the growth and development of the county.
That money constitutes a separate fund to be known as the board
of development fund and may be used only for board purposes.
(b) In a county qualifying under this section, a board of
development is created. The board shall devote its time and
effort to advertising and promoting the growth and development of
the county.
(c) The board consists of five members who are appointed by the
commissioners court and who serve terms of two years from the
date of appointment. Members serve without compensation.
Vacancies on the board shall be filled by the commissioners court
in the same manner as the original appointments.
(d) Annually, the board shall prepare and submit to the
commissioners court a budget for the ensuing year in the same
manner required of counties.
(e) Subject to the approval of the commissioners court, the
board may spend for personnel, rent, or materials any sum
reasonably necessary to accomplish its purposes.
(f) Before a claim against the board is presented for payment,
the claim must be approved by the board. After approval of the
claim, it must be presented to the commissioners court and the
commissioners court shall act on it in the same manner in which
it acts on any other claim against the commissioners court.
(g) Although a county may operate under another law authorizing
the appropriation of money or levy of a tax for advertising and
promotion purposes, the county may not appropriate more for those
purposes than the amount provided by Subsection (a).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1060, Sec. 2, eff. Aug. 28,
1989.
Sec. 381.003. DEVELOPMENT PROJECTS AUTHORIZED UNDER FEDERAL LAW.
(a) The commissioners court of a county may administer or
otherwise engage in community and economic development projects
authorized under Title I of the Housing and Community Development
Act of 1974 or under any other federal law creating community and
economic development programs.
(b) The commissioners court of a county may administer, engage
in, and otherwise exercise all powers necessary for the county to
fully participate in housing and community development programs
authorized under the Cranston-Gonzalez National Affordable
Housing Act. This authority includes the power to impose
assessments on real property and the owners of the property to
recover all or part of the cost of a public improvement, as
authorized by Section 916 of the Cranston-Gonzalez National
Affordable Housing Act. The commissioners court may:
(1) use county funds, as matching funds, as may be necessary to
obtain grants or financial assistance under that Act; or
(2) obtain grants and financial assistance under any other
federal law creating housing and community development programs.
(c) The commissioners court of a county may provide services
authorized by Chapter 2308, Government Code, if the commissioners
court enters into a contract with a local workforce development
board for the provision of services authorized by Chapter 2308,
Government Code. The commissioners court may collect fees for the
services performed and for unreimbursed costs associated with the
provision of the services unless:
(1) state law prohibits the collection of the fee or
unreimbursed cost; or
(2) the service provided is a service described by Subsections
(a) and (b), 29 U.S.C. Section 49f.
(d) This section does not authorize a commissioners court to
exercise any ordinance-making authority not otherwise
specifically granted by state law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 140, Sec. 1, eff. Aug. 26,
1991; Acts 1997, 75th Leg., ch. 826, Sec. 3, eff. June 18, 1997.
Sec. 381.004. COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS IN
CERTAIN COUNTIES. (a) In this section:
(1) "Another entity" includes the federal government, the State
of Texas, a municipality, school or other special district,
finance corporation, institution of higher education, charitable
or nonprofit organization, foundation, board, council,
commission, or any other person.
(2) "Minority" includes blacks, Hispanics, Asian Americans,
American Indians, and Alaska natives.
(3) "Minority business" means a business concern, more than 50
percent of which is owned and controlled in management and daily
operations by members of one or more minorities.
(4) "Women-owned business" means a business concern, more than
50 percent of which is owned and controlled in management and
daily operations by one or more women.
(b) To stimulate business and commercial activity in a county,
the commissioners court of the county may develop and administer
a program:
(1) for state or local economic development;
(2) for small or disadvantaged business development;
(3) to stimulate, encourage, and develop business location and
commercial activity in the county;
(4) to promote or advertise the county and its vicinity or
conduct a solicitation program to attract conventions, visitors,
and businesses;
(5) to improve the extent to which women and minority businesses
are awarded county contracts;
(6) to support comprehensive literacy programs for the benefit
of county residents; or
(7) for the encouragement, promotion, improvement, and
application of the arts.
(c) The commissioners court may:
(1) contract with another entity for the administration of the
program;
(2) authorize the program to be administered on the basis of
county commissioner precincts;
(3) use county employees or funds for the program; and
(4) accept contributions, gifts, or other resources to develop
and administer the program.
(d) A program established under this section may be designed to
reasonably increase participation by minority and women-owned
businesses in public contract awards by the county by
establishing a contract percentage goal for those businesses.
(e) The legislature may appropriate unclaimed money the
comptroller receives under Chapter 74, Property Code, for a
county to use in carrying out a program established under this
section. To receive money for that purpose for any fiscal year,
the county must request the money for that fiscal year. The
amount a county may receive under this subsection for a fiscal
year may not exceed an amount equal to the value of the capital
credits the comptroller receives from an electric cooperative
corporation on behalf of the corporation's members in the county
requesting the money less an amount sufficient to pay anticipated
expenses and claims. The comptroller shall transfer money in
response to a request after deducting the amount the comptroller
determines to be sufficient to pay anticipated expenses and
claims.
(f) The commissioners court of a county may support a children's
advocacy center that provides services to abused children.
(g) The commissioners court may develop and administer a program
authorized by Subsection (b) for entering into a tax abatement
agreement with an owner or lessee of a property interest subject
to ad valorem taxation. The execution, duration, and other terms
of the agreement are governed, to the extent practicable, by the
provisions of Sections 312.204, 312.205, and 312.211, Tax Code,
as if the commissioners court were a governing body of a
municipality.
(h) The commissioners court may develop and administer a program
authorized by Subsection (b) for making loans and grants of
public money and providing personnel and services of the county.
Added by Acts 1989, 71st Leg., ch. 1060, Sec. 3, eff. Aug. 28,
1989. Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 3, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 254, Sec. 1, eff. May
22, 2001; Acts 2001, 77th Leg., ch. 1154, Sec. 1, eff. June 15,
2001; Acts 2003, 78th Leg., ch. 1275, Sec. 2(109), eff. Sept. 1,
2003.