By: Hughes S.B. No. 1187

(In the Senate - Filed February 24, 2023; March 9, 2023, read first time and referred to Committee on Local Government; April 28, 2023, reported favorably by the following vote: Yeas 7, Nays 0; April 28, 2023, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the TexAmericas Center to provide services to and make investments in certain business enterprises and to create certain business organizations for purposes of the center.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 3503.101(b), Special District Local Laws Code, is amended to read as follows:

(b) The authority may exercise any power or duty necessary or appropriate to carry out a project described by Section 3503.003(a)(3) and the purposes of this chapter, including the power to:

(1) sue and be sued, and plead and be impleaded, in its own name;

(2) adopt an official seal;

(3) adopt, enforce, and amend rules for the conduct of its affairs;

(4) acquire, hold, own, pledge, and dispose of its revenue, income, receipts, and money from any source;

(5) select its depository;

(6) acquire, own, rent, lease, accept, hold, or dispose of any property, or any interest in property, including rights or easements, in performing its duties and exercising its powers under this chapter, by purchase, exchange, gift, assignment, sale, lease, or other method;

(7) hold, manage, operate, or improve the property;

(8) sell, assign, lease, encumber, mortgage, or otherwise dispose of property, or any interest in property, and relinquish a property right, title, claim, lien, interest, easement, or demand, however acquired;

(9) perform an activity authorized by Subdivision (8) by public or private sale, with or without public bidding, notwithstanding any other law;

(10) lease or rent any land and building, structure, or facility from or to any person to carry out a chapter purpose;

(11) request and accept an appropriation, grant, allocation, subsidy, guarantee, aid, service, labor, material, or gift, from the federal government, the state, a public agency or political subdivision, or any other source;

(12) operate and maintain an office and appoint and determine the duties, tenure, qualifications, and compensation of officers, employees, agents, professional advisors and counselors, including financial consultants, accountants, attorneys, architects, engineers, appraisers, and financing experts, as considered necessary or advisable by the board;

(13) borrow money and issue bonds, payable solely from all or a portion of any authority revenue, by resolution or order of the board and without the necessity of an election;

(14) set and collect rents, rates, fees, and charges regarding the property and any services provided by the authority;

(15) exercise the powers Chapters 373 and 380, Local Government Code, grant to a municipality for the development of housing and expansion of economic development and commercial activity;

(16) exercise the powers Chapter 49, Water Code, grants to a general-law district;

(17) exercise the powers Chapter 54, Water Code, grants to a municipal utility district;

(18) exercise the powers Chapter 552, Transportation Code, grants to a road utility district;

(19) exercise the powers Subchapter C, Chapter 271, Local Government Code, grants to a municipality or county;

(20) exercise the powers Chapter 552, Local Government Code, grants to a municipality for the provision of municipal utilities;

(21) contract and be contracted with, in the authority's own name, another person in the performance of the authority's powers or duties to carry out a project described by Section 3503.003(a)(3), or to accomplish the purposes of this chapter for a period of years, on the terms, and by competitive bidding or by negotiated contract, all as the board considers appropriate, desirable, and in the best interests of the authority and the accomplishment of chapter purposes;

(22) acquire, hold, own, sell, assign, lease, encumber, mortgage, or otherwise dispose of any real, personal, or mixed property located outside the perimeter of the property described by Section 3503.004 if the other property enhances or facilitates the development, redevelopment, maintenance, or expansion of new and existing businesses, industry, or commercial activity on the property;

(23) exercise the powers Chapter 22, Transportation Code, grants to a municipality or county;

(24) exercise the powers Chapter 379B, Local Government Code, grants to a defense base development authority;

(25) exercise the powers of a municipality under Chapters 211 and 212, Local Government Code, in the territory of the authority, including an area of the authority that is in the boundaries of a municipality's limited purpose jurisdiction and extraterritorial jurisdiction. On annexation of an area of the authority for full purposes by a municipality, the authority's power to regulate the area under Chapters 211 and 212 expires. The authority regains the power in an area if the municipality disannexes the area;

(26) fund and carry out a project the board determines will promote or support an active military base located in the same county as the authority to prevent closure or realignment of the base and attract new military missions to the base, including a project to create jobs, retain jobs, grant or loan money to a federal entity, make improvements to infrastructure, buildings, or land, or acquire land; and

(27) for a fee, provide services, provide investment capital, or operate facilities as an independent contractor inside or outside the boundaries of the authority and this state to promote, enhance, develop, or assist a person in the:

(A) creation and operation of a new business, industry, [or] commercial activity, or manufacturing operation:

(i) inside [in] the boundaries of the authority; or

(ii) on a military base located in the same county as the authority; or

(B) expansion or relocation of an existing business, industry, commercial activity, or manufacturing operation:

(i) inside the boundaries of the authority; or

(ii) on a military base located in the same county as the authority.

SECTION 2. Section 3503.112, Special District Local Laws Code, is amended to read as follows:

Sec. 3503.112. NONPROFIT CORPORATIONS AND LIMITED LIABILITY COMPANIES [FOR SPECIAL PROJECTS]. (a) The authority may authorize by resolution the creation of a nonprofit corporation under the Business Organizations Code [solely] to undertake on behalf of the authority a project described by Section 3503.003 or carry out any other purpose described by that section on the authority's behalf [3503.003(a)(3)].

(a-1) After the creation of a nonprofit corporation under Subsection (a), the authority may authorize by resolution:

(1) the creation of a limited liability company under the Business Organizations Code for the purposes described by Subsection (a); and

(2) the designation of the nonprofit corporation described by Subsection (a) to participate as a member of the company.

(b) The board shall appoint the board of directors of each nonprofit corporation or limited liability company created under this section. A board member is not required to reside in the authority.

(c) A board member or employee of the authority may simultaneously serve as a member of the board of directors of a nonprofit corporation or limited liability company created under this section. A person serving as a board member of the authority and of a nonprofit corporation or limited liability company created under this section may participate in all votes relating to the business of the authority, [or the] corporation, or company.

(d) A [The] nonprofit corporation or limited liability company created under this section may not exercise the power of eminent domain.

(e) A nonprofit corporation or limited liability company created under this section is subject to Chapters 551 and 552, Government Code.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.

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