AG Opinion: Tax Increment Reinvestment Zone Board Members. Who Can Serve?

Before the 84th legislature started, Senator Hinojosa, as Chair of IGR, raised these two questions for the Attorney General:

Does the provision of the Galveston City Charter that regulates eligibility to serve on a board created by the city apply to members of the board of directors of a tax increment reinvestment zone created under Chapter 311, Tax Code? 

AG: Can’t answer this question in an AG Opinion.

If the charter provision does apply, do the residency requirements and term limits provided by the provision apply to board members of a tax increment reinvestment zone? 

AG: There are two ways in which defining board members is likely void. They are:

  1. Allowing only city residents to serve on a tax increment reinvestment zone board. It is inconsistent with Tax Code subsection 311.009(e) and is likely void.
  2. Limiting the number of terms a tax increment reinvestment zone board member may serve, when Tax Code subsection 311.009(c) would permit the board member to serve an unlimited number of terms likely renders such a charter provision void. 

KP -0026  Opinion Request

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