SRC-MAX C.S.S.B. 1622 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1622
By: Duncan
Veteran Affairs
4-21-97
Committee Report (Substituted)


DIGEST 

Currently, Reese Air Force Base is scheduled to close on September 30,
1997. The city and county of Lubbock created the Lubbock Reese
Redevelopment Authority Corporation (corporation) to develop a plan to
turn the base into a business and industrial park.  The corporation was
formed in accordance with the U.S. Department  of Defense guidelines as  a
nonprofit corporation.  This bill establishes the Lubbock Reese
Redevelopment Authority as a governmental entity under Chapter 101 of the
Texas Civil Practice and Remedies Code.   

PURPOSE

As proposed, S.B. 1622 creates the Lubbock Reese Redevelopment Authority.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the board of directors of the Lubbock
Reese Redevelopment Authority in SECTION 2 (Sec.  2310.003(f), Government
Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Creates a new Chapter 2310, Subtitle G, Government Code,
entitled "Lubbock Reese Redevelopment Authority." 

SECTION 2. Requires the new chapter to read as follows:

 CHAPTER 2310. LUBBOCK REESE REDEVELOPMENT AUTHORITY

SUBCHAPTER A.  GENERAL PROVISION

Sec.  2310.001. DEFINITION.  Defines "authority," "board," "county,"
"city," "property," and "corporation."   

Sec.  2310.002. ESTABLISHMENT.  Establishes the Lubbock Reese
Redevelopment Authority (authority) as an authority and political
subdivision of the State of Texas with certain boundaries upon adoption of
resolutions by both the city and the county authorizing the authority's
establishment.  

Sec.  2310.003.  BOARD.  Sets forth provisions for the composition and
administration of the board.  Requires the board to adopt rules for its
proceedings and may employ and compensate persons to carry out the powers
and duties of the authority. 

SUBCHAPTER B.

PURPOSE AND NATURE OF AUTHORITY; POWERS AND DUTIES

Sec.  2310.021.  PURPOSE AND NATURE OF AUTHORITY.  Provides that the
authority is created to accept title from the United States of America to
all or any portion of the real, personal, and mixed property situated
within Reese Air Force Base, as described in Section 2310.026. Provides
that the authority is a public and political entity and corporate body;
and  exercises public and essential governmental functions.  Provides that
the exercise of a power granted by this chapter is for a public purpose
and is a matter of public necessity.   Provides that the authority is a
governmental unit under Chapter 101, Civil Practice and Remedies Code and
the operations of the authority are not proprietary functions for any
purpose.    

Sec.  2310.022.  POWERS AND DUTIES OF THE AUTHORITY.  Requires the
authority to exercise all powers necessary or convenient to carry out this
chapter or to effect a purpose of this chapter, including certain
administrative powers. 

Sec.  2310.023. EXEMPT FROM TAXATION.  Provides that the properties,
revenues, and income of the authority are exempt from all taxes levied by
the state of a political subdivision of the state. 

Sec.  2310.024. DISSOLUTION.  Authorizes the authority  to be dissolved
when all the functions of the authority are performed and completed, and
upon approval of the city and county after all debts or obligations have
been duly satisfied or retired in a certain manner. Requires any remaining
assets of the authority to be conveyed and/or transferred to the city and
the county in accordance with the initial proportion of funds contributed
by each. Provides that it is the intention of this legislative enactment
that the authority will be dissolved after conveyance and sale of all the
property. 

Sec.  2310.025.  SUCCESSOR.  Provides that the authority is the successor
in interest to the Lubbock Reese Redevelopment Authority Corporation
(corporation) and shall succeed to all rights and liabilities of the
corporation. 

Sec.  2310.026.  DESCRIPTION OF TRACTS. Sets forth the description of the
eight tracts created under this section.   

SECTION 3. Severability clause.  

SECTION 4. Emergency clause.
  Effective date:  upon passage. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Redesignates proposed SECTION 1 as new Section 2310.001.  New SECTION 1
creates a new Chapter 2310, Subtitle G, Government Code entitled "Lubbock
Reese Redevelopment Authority." 

SECTION 2. 

Provides the new format for this chapter which includes the chapter,
subchapter headings, and individual section headings that replace SECTIONS
2-8.   

Amends Section 2310.002, Government Code, to delete a provision
authorizing certain members of the board to originate from the adoption
process of the city and county of Lubbock.  Makes nonsubstantive changes. 

Amends Section 2310.003, Government Code,  to make a nonsubstantive change.

Amends Section 2310.021, Government Code, to provide that the authority is
created to accept title from the United States of America to all or any
portion of the real, personal, and mixed property situated within Reese
Air Force Base, as described in Section 2310.026.  Sets forth provisions
relating to the nature of the authority.  Deletes the descriptions of the
tracts from this section. 

Amends Section 2310.022, Government Code, to require, rather than to
authorize, the  authority to have and exercise certain powers necessary or
convenient to carry out this chapter.  Makes certain changes in relation
to the powers required of the authority under this section.   

Amends Section 2310.024, Government Code, to provide that the authority
will be dissolved when all functions of the authority are performed and
completed, and upon approval of the city and county under certain
conditions.  Requires any remaining assets to be conveyed and/or
transferred to the city and county in accordance with the initial
proportion of funds contributed by each.   

Amends Section 2310.026, Government Code, to provide the description of
the tracts created under this chapter.  Amends the boundaries of the fifth
tract and adds the sixth, seventh, and eighth tract.   

SECTION 3. Adds the severability clause.

SECTION 4. Adds the emergency clause and the effective date: upon passage.