By:  Madla                                   S.B. No. 1127

         97S0759/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the operation of certain military installations as

 1-2     businesses by development corporations.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subdivision (10), Section 2, Development

 1-5     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

 1-6     Statutes), is amended to read as follows:

 1-7                 (10)  "Project" shall mean the land, buildings,

 1-8     equipment, facilities, [and] improvements (one or more), and

 1-9     military installations closed or realigned pursuant to

1-10     recommendations of the Defense Base Closure and Realignment

1-11     Commission found by the board of directors to be required or

1-12     suitable for the promotion of development and expansion of

1-13     manufacturing and industrial facilities, transportation facilities

1-14     (including but not limited to airports, ports, mass commuting

1-15     facilities, and parking facilities), sewage or solid waste disposal

1-16     facilities, recycling facilities, air or water pollution control

1-17     facilities, facilities for the furnishing of water to the general

1-18     public, distribution centers, small warehouse facilities capable of

1-19     serving as decentralized storage and distribution centers, and

1-20     facilities which are related to any of the foregoing, and in

1-21     furtherance of the public purposes of this Act, all as defined in

1-22     the rules of the department, irrespective of whether in existence

1-23     or required to be identified, acquired, or constructed thereafter.

 2-1     As used in this Act, the term "development areas" shall mean any

 2-2     area or areas of a city that the city finds and determines, after a

 2-3     public hearing, should be developed in order to meet the

 2-4     development objectives of the city.  In addition, in blighted or

 2-5     economically depressed areas, development areas, federally

 2-6     designated empowerment zones and enterprise communities designated

 2-7     under Section 1391, Internal Revenue Code of 1986, or federally

 2-8     assisted new communities located within a home-rule city or a

 2-9     federally designated economically depressed county of less than

2-10     50,000 persons according to the last federal decennial census, a

2-11     project may include the land, buildings, equipment, facilities, and

2-12     improvements (one or more) found by the board of directors to be

2-13     required or suitable for the promotion of commercial development

2-14     and expansion and in furtherance of the public purposes of this

2-15     Act, or for use by commercial enterprises, all as defined in the

2-16     rules of the department, irrespective of whether in existence or

2-17     required to be acquired or constructed thereafter.  As used in this

2-18     Act, the term blighted or economically depressed areas shall mean

2-19     those areas and areas immediately adjacent thereto within a city

2-20     which by reason of the presence of a substantial number of

2-21     substandard, slum, deteriorated, or deteriorating structures, or

2-22     which suffer from a high relative rate of unemployment, or which

2-23     have been designated and included in a tax incremental district

2-24     created under Chapter 695, Acts of the 66th Legislature, Regular

2-25     Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or

 3-1     any combination of the foregoing, the city finds and determines,

 3-2     after a hearing, substantially impair or arrest the sound growth of

 3-3     the city, or constitute an economic or social liability and are a

 3-4     menace to the public health, safety, or welfare in their present

 3-5     condition and use.  The department shall adopt guidelines that

 3-6     describe the kinds of areas that may be considered to be blighted

 3-7     or economically depressed.  The city shall consider these

 3-8     guidelines in making its findings and determinations.  Notice of

 3-9     the hearing at which the city considers establishment of a

3-10     development area or an economically depressed or blighted area

3-11     shall be posted at the city hall before the hearing.

3-12           "Federally assisted new communities" shall mean those

3-13     federally assisted areas which have received or will receive

3-14     assistance in the form of loan guarantees under Title X of the

3-15     National Housing Act and a portion of the federally assisted area

3-16     has received grants under Section 107(a)(1) of the Housing and

3-17     Community Development Act of 1974, as amended.

3-18           SECTION 2.  Subsection (b), Section 23, Development

3-19     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

3-20     Statutes), is amended to read as follows:

3-21           (b)  The corporation shall not have the power to own or

3-22     operate any project as a business other than as lessor, seller, or

3-23     lender or pursuant to the requirements any trust agreement securing

3-24     the credit transaction. Accordingly, the user pursuant to any

3-25     lease, sale, or loan agreement relating to a project shall be

 4-1     considered to be the owner of the project for the purposes of the

 4-2     application of any ad valorem, sales, and use taxes or any other

 4-3     taxes levied or imposed by this state or any political subdivision

 4-4     of this state.  The purchase and holding of mortgages, deeds of

 4-5     trust, or other security interests and contracting for any

 4-6     servicing thereof shall not be deemed the operation of a project.

 4-7     The corporation shall, however, have all powers necessary to

 4-8     operate a project as a business if the project is a military

 4-9     installation or facility closed or realigned pursuant to the

4-10     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section

4-11     2687 note) as amended.

4-12           SECTION 3.  This Act takes effect September 1, 1997.

4-13           SECTION 4.  The importance of this legislation and the

4-14     crowded condition of the calendars in both houses create an

4-15     emergency and an imperative public necessity that the

4-16     constitutional rule requiring bills to be read on three several

4-17     days in each house be suspended, and this rule is hereby suspended.