CHAPTER 381. COUNTY DEVELOPMENT AND GROWTH

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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.

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.

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.

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.

(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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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