The Genesis of Transportation Reinvestment Zones. 4 Things to Know. The AG Opinion that Detailed it.

In 2012, Attorney General Abbott was asked by Chairman Pickett to answer questions about:

  • The Authority of a county to form a transportation reinvestment zone
  • Whether the zone can collect an ad valorem tax increment
  • Can the funds be  pledged and assigned to secure bonds to pay the cost of a transportation project ?

The Attorney General Opinion GA-0981:

  • Transportation Code Chapter 222 lays out Transportation Reinvestment Zone parameters
  • Since we’re talking about Ad Valorem Increment Bonds we also have to look at AG Opinion GA-0953
  • 0953 tells us that we need to look at Texas Constitution Article 8, Section 1-g(b) that limits ad valorem increment bonds to cities and towns but not counties and could threfore be subject to a constitutional challenge base don equal and uniform taxation.
  • Voters rejected a 2011 Constitutional Amendment that would have expanded this language to counties.