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.