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 * * * * *