1-1 By: Yarbrough, et al. (Senate Sponsor - Wentworth) H.B. No. 244 1-2 (In the Senate - Received from the House May 8, 1995; 1-3 May 9, 1995, read first time and referred to Committee on State 1-4 Affairs; May 25, 1995, reported favorably by the following vote: 1-5 Yeas 9, Nays 0; May 25, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to ensuring that the state and its local governments and 1-9 citizens receive all available federal assistance in connection 1-10 with the reduction, closure, or conversion of federal military 1-11 bases in this state. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Title 7, Government Code, is amended by adding 1-14 Chapter 743 to read as follows: 1-15 CHAPTER 743. FEDERAL ASSISTANCE FOR MILITARY BASE 1-16 REDUCTION, CLOSURE, OR CONVERSION 1-17 Sec. 743.001. DEFINITIONS. In this chapter: 1-18 (1) "Federal assistance" includes: 1-19 (A) grants, loans, and other financial 1-20 assistance; and 1-21 (B) assistance other than financial assistance. 1-22 (2) "Local government" includes a political 1-23 subdivision or special district of this state. 1-24 (3) "Military base" includes a facility owned by a 1-25 branch of the United States military and leased to a private 1-26 contractor for the production of goods for the military. 1-27 Sec. 743.002. COORDINATION BY GOVERNOR. (a) The governor 1-28 shall initiate and coordinate the efforts of state government to 1-29 obtain the maximum amount of available federal assistance for the 1-30 state and its local governments and citizens in connection with the 1-31 reduction, closure, or conversion of federal military bases in this 1-32 state. Other state agencies shall assist the governor to initiate 1-33 efforts by bringing relevant information to the governor's 1-34 attention. 1-35 (b) The governor may initiate and shall coordinate the 1-36 efforts of a local government or a combination of local governments 1-37 to obtain the maximum amount of available federal assistance in 1-38 connection with the reduction, closure, or conversion of federal 1-39 military bases in this state. 1-40 (c) A state agency, local government, or combination of 1-41 local governments shall cooperate with the governor's efforts under 1-42 this chapter. 1-43 Sec. 743.003. GOVERNOR'S ACTIONS ON BEHALF OF STATE AGENCY 1-44 OR LOCAL GOVERNMENT. (a) The governor may act on behalf of a 1-45 state agency, local government, or combination of local governments 1-46 to obtain the maximum amount of available federal assistance in 1-47 connection with the reduction, closure, or conversion of federal 1-48 military bases in this state. 1-49 (b) The governor may not, without the consent by order or 1-50 resolution of the governing body of an affected local government, 1-51 make an agreement or assurance on behalf of the local government. 1-52 Sec. 743.004. ACTION IF ASSISTANCE WITHHELD OR DEFERRED. 1-53 The governor shall take any action that the governor considers 1-54 necessary or appropriate to meet the needs of a state agency or 1-55 local government in connection with the reduction, closure, or 1-56 conversion of federal military bases in this state if: 1-57 (1) any federal assistance is withheld from the state 1-58 agency or local government; 1-59 (2) a contract that a state agency or local government 1-60 would otherwise receive under a federal assistance program is 1-61 withheld from the state agency or local government; or 1-62 (3) a payment or other form of assistance is deferred 1-63 because of an action by a federal government agency relating to the 1-64 federal assistance program. 1-65 Sec. 743.005. ADVISORY COMMITTEE. (a) The governor and the 1-66 lieutenant governor shall each appoint three members to an advisory 1-67 committee established to assist the governor in administering this 1-68 chapter. The governor shall designate one of the members as the 2-1 presiding officer of the committee. A member of the committee 2-2 serves at the will of the appointing authority. 2-3 (b) The advisory committee shall meet: 2-4 (1) at least annually; 2-5 (2) at least quarterly during the two-year period 2-6 following the date of the announcement that a federal military base 2-7 in this state will be reduced, closed, or converted; and 2-8 (3) more often, if necessary, at the call of the 2-9 presiding officer. 2-10 (c) The advisory committee shall advise the governor on 2-11 actions under this chapter. The governor shall inform the 2-12 committee of proposed rules and, if time permits, proposed actions 2-13 under this chapter for the committee's review and comment. 2-14 Sec. 743.006. RULES. The governor may adopt rules for the 2-15 administration of this chapter. 2-16 Sec. 743.007. ENVIRONMENTAL REMEDIATION. The governor, 2-17 state agencies, and local governments shall act under this chapter 2-18 to obtain the maximum amount of available federal assistance for 2-19 environmental remediation necessary in connection with the closure 2-20 or conversion of a federal military base. 2-21 SECTION 2. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended, 2-26 and that this Act take effect and be in force from and after its 2-27 passage, and it is so enacted. 2-28 * * * * *