BWH C.S.S.B. 1930 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.S.B. 1930
By: Ratliff (Telford)
5-13-97
Committee Report (Substituted)


BACKGROUND 

Currently, the Red River Army Depot is scheduled to close under the
Federal Base and Closure Act (BRAC).  Shortly after the BRAC announcement,
officials from the city of Texarkana and Bowie County created the Red
River Local Redevelopment Authority (authority) to develop a plan to turn
the depot into a business and industrial park.  However, the U.S.
Department of Defense (DOD) has indicated that it considers the authority
as a planning body only.  C.S.S.B. 1930 sets forth provisions to allow the
authority to accept title to the land and property of the Red River Army
Depot from DOD and continue to use the former depot as an economic
development for all of northeast Texas. 

PURPOSE

As proposed, C.S.S.B. 1930 establishes the Red River Redevelopment
Authority as an authority of the State of Texas for the purpose of
accepting title from the United States to all or any portion of the excess
personal and real property situated within the Red River Army Depot.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. DEFINITIONS.  Defines "authority," "board," "county," "cities,"
"property," and "eligible project." 

SECTION 2. ESTABLISHMENT.  Provides that the Red River Redevelopment
Authority (authority) of the State of Texas with boundaries coterminous
with the boundaries of the real property described in SECTION 4 of this
Act, on adoption of resolutions by both the cities and the county
authorizing the authority's establishment and each appointing members to
the board as outlined in SECTION 3 of this Act. 

SECTION 3. BOARD.  Provides that the board consists of 15 members and is
responsible for the management, operation, and control of the authority.
Sets forth the composition of the board.  Sets forth provisions regarding
member terms, board vacancies, board elections, and quorum.  Authorizes
the board to adopt rules to govern its proceedings and to employ and
compensate persons to carry out the powers and duties of the authority.
Authorizes a board member to be recalled at any time by the appointing
official.      

SECTION 4. PURPOSE.  Provides that the authority is created to perform
certain functions including accepting title, with the approval of the
Governor, from the United States under certain conditions, promoting the
location and development of new businesses and industries on certain
property, and undertaking eligible projects.  

SECTION 5. POWERS AND DUTIES OF THE AUTHORITY.  Provides that the
authority created under this Act is hereby granted, has, and may exercise
all powers necessary or appropriate, with the approval of the Governor, to
carry out, achieve, or effectuate the purpose of this Act, excluding the
power of eminent domain. 

 SECTION 6. EXEMPTION FROM TAXATION.  Provides that the properties,
revenues, and income of the authority are exempt from all taxes levied by
the state or a political subdivision of the state.   

SECTION 7. DISSOLUTION.  Authorizes the authority to be dissolved by the
board on approval of the cities and county after all debts or obligations
have been duly satisfied or retired with such assets of the authority to
be conveyed or transferred to the county.  Provides that it is the
intention of the legislature that the authority be dissolved after
conveyance and sale of all of the property with the approval of the cities
and county governing bodies.   

SECTION 8. SUCCESSOR.  Provides that the authority is the successor in
interest to the Red River Local Redevelopment Authority, a planning
authority organized under the county and recognized by the United States
Department of the Army, and shall succeed to all rights and liabilities of
the Red River Redevelopment Authority. 

SECTION 9. Severability clause.

SECTION 10. Emergency clause.
  Effective date: upon passage. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes the following changes to the original:

1) Amends Subsection (1) of SECTION 4, and Subsection (a) of SECTION 5 to
require the Governor's approval on the actions of the authority under
these SECTIONS; and 

2)  Amends SECTION 5 by adding a new Subsection (b) which states the
authority does not possess the power of eminent domain.