AN ACT
1-1 relating to the creation of the Lubbock Reese Redevelopment
1-2 Authority and the eligibility of such type of authority to
1-3 participate in the Texas County and District Retirement System.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle G, Title 10, Government Code, is amended
1-6 by adding Chapter 2311 to read as follows:
1-7 CHAPTER 2311. LUBBOCK REESE REDEVELOPMENT AUTHORITY
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 2311.001. DEFINITIONS. In this subchapter:
1-10 (1) "Authority" means the Lubbock Reese Redevelopment
1-11 Authority.
1-12 (2) "Base property" means land described by Section
1-13 2311.026 and improvements and personal property on that land.
1-14 (3) "Board" means the board of directors of the
1-15 authority.
1-16 (4) "City" means the City of Lubbock.
1-17 (5) "County" means Lubbock County.
1-18 Sec. 2311.002. ESTABLISHMENT. The authority is established
1-19 as an authority and political subdivision of this state, with
1-20 boundaries coterminous with the boundaries of the real property
1-21 described by Section 2311.026, on adoption of resolutions by both
1-22 the city and the county authorizing the authority's establishment.
1-23 Sec. 2311.003. BOARD. (a) The board consists of nine
2-1 members and is responsible for the management, operation, and
2-2 control of the authority.
2-3 (b) The board is composed of:
2-4 (1) two members appointed by the governing body of the
2-5 city;
2-6 (2) two members appointed by the governing body of the
2-7 county;
2-8 (3) one member appointed by the South Plains
2-9 Association of Governments; and
2-10 (4) four at-large members appointed by the majority
2-11 vote of the members appointed under Subdivisions (1), (2), and (3).
2-12 (c) A vacancy on the board is filled in the same manner as
2-13 the original appointment. Each board member serves for a term of
2-14 two years.
2-15 (d) The members of the board shall elect from its membership
2-16 a president and vice president. The vice president shall preside
2-17 in the absence of the president.
2-18 (e) A majority of the members of the board is a quorum for
2-19 the transaction of business.
2-20 (f) The board shall adopt rules for its proceedings and may
2-21 employ and compensate persons to carry out the powers and duties of
2-22 the authority.
2-23 (Sections 2311.004-2311.020 reserved for expansion
2-24 SUBCHAPTER B. PURPOSE AND NATURE OF AUTHORITY; POWERS AND DUTIES
2-25 Sec. 2311.021. PURPOSE AND NATURE OF AUTHORITY. (a) The
3-1 authority is created, on an affirmative vote by the governing body
3-2 of the city and the commissioners court of the county, to accept
3-3 title, on approval by and in coordination with the governor, from
3-4 the United States to all or any portion of the real, personal, and
3-5 mixed property situated within Reese Air Force Base, as described
3-6 by Section 2311.026.
3-7 (b) The authority is a public political entity and corporate
3-8 body and exercises public and essential governmental functions.
3-9 (c) The exercise of a power granted by this chapter is for a
3-10 public purpose and is a matter of public necessity.
3-11 (d) The authority is a governmental unit under Chapter 101,
3-12 Civil Practice and Remedies Code, and the operations of the
3-13 authority are not proprietary functions for any purpose, including
3-14 the application of Chapter 101, Civil Practice and Remedies Code.
3-15 Sec. 2311.022. POWERS AND DUTIES OF AUTHORITY. The
3-16 authority has and may exercise, on approval by and in coordination
3-17 with the governor, all the powers necessary or convenient to carry
3-18 out or to effect a purpose of this chapter, including the power to:
3-19 (1) sue and be sued to the extent permitted by law,
3-20 and plead and be impleaded, in its own name, and in such a suit the
3-21 authority may not be required to give security for costs or a
3-22 supersedeas or cost bond in an appeal of a judgment;
3-23 (2) adopt an official seal and alter it as considered
3-24 advisable;
3-25 (3) adopt and enforce bylaws and rules for the conduct
4-1 of its affairs not inconsistent with this chapter;
4-2 (4) acquire, hold, own, and dispose of its revenues,
4-3 income, receipts, funds, and money from every source;
4-4 (5) select its depository or depositories;
4-5 (6) set the fiscal year for the authority;
4-6 (7) establish a complete system of accounts for the
4-7 authority;
4-8 (8) invest funds in accordance with Chapter 2256;
4-9 (9) acquire, use, own, rent, lease, accept, hold, or
4-10 dispose of any real, personal, or mixed property, licenses,
4-11 patents, rights, and other interest in that property, by purchase,
4-12 exchange, gift, assignment, condemnation, sale, lease, or any other
4-13 means, including rights-of-way or easements, and hold, manage,
4-14 operate, or improve that property, to perform the duties and
4-15 exercise any of the powers under this chapter;
4-16 (10) sell, assign, lease, encumber, mortgage, or
4-17 otherwise dispose of any real, personal, or mixed property
4-18 comprising the base property, or any interest in that property,
4-19 release or relinquish any right, title, claim, lien, interest,
4-20 easement, or demand, however acquired, and conduct any of those
4-21 transactions by public or private sale, notwithstanding any other
4-22 law;
4-23 (11) lease or rent any land or buildings, structures,
4-24 or facilities located on the base property to any person to effect
4-25 the purposes of this chapter;
5-1 (12) request and accept any appropriations, grants,
5-2 allocations, subsidies, guaranties, aid, contributions, services,
5-3 labor, materials, gifts, donations, or money from the federal
5-4 government, this state, any city, any public agency, any political
5-5 subdivision, or any other sources;
5-6 (13) operate and maintain an office;
5-7 (14) appoint and determine the duties, tenure,
5-8 qualifications, compensation, and removal of officers, employees,
5-9 agents, professional advisors, and counselors, including financial
5-10 consultants, accountants, attorneys, architects, engineers,
5-11 appraisers, and financing experts, as are considered necessary or
5-12 advisable by the board;
5-13 (15) borrow money as necessary to acquire, improve, or
5-14 operate facilities on the base property, not to exceed an amount
5-15 determined by the governing body of the city;
5-16 (16) fix, revise from time to time, charge, and
5-17 collect rents, rates, fees, and charges for its facilities and
5-18 services;
5-19 (17) exercise powers granted to a municipality under
5-20 Chapter 380, Local Government Code, for expansion of economic
5-21 development and commercial activity; and
5-22 (18) adopt an annual operating budget for all major
5-23 expenditures before the beginning of the fiscal year.
5-24 Sec. 2311.023. EXEMPT FROM TAXATION. The property,
5-25 revenues, and income of the authority are exempt from all taxes
6-1 levied by this state or a political subdivision of this state.
6-2 Sec. 2311.024. DISSOLUTION. The authority shall be
6-3 dissolved when all the functions of the authority are performed and
6-4 completed, and on approval of the city and county after all debts
6-5 or obligations have been duly satisfied or retired with its assets.
6-6 Any remaining assets of the authority shall be conveyed or
6-7 transferred to the city and the county in accordance with the
6-8 initial proportion of funds contributed by each. It is the
6-9 intention of the legislature that the authority be dissolved after
6-10 conveyance and sale of all of the base property.
6-11 Sec. 2311.025. SUCCESSOR. The authority is the successor in
6-12 interest to the Lubbock Reese Redevelopment Authority Corporation,
6-13 a nonprofit corporation organized under the Texas Non-Profit
6-14 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
6-15 Statutes), and succeeds to all rights and liabilities of the
6-16 corporation.
6-17 Sec. 2311.026. DESCRIPTION OF TRACTS. (1) FIRST TRACT.
6-18 All of Section Four (4) and the East Half (E 1/2) of Section
6-19 Twenty-six (26) except that part of said Sections lying south of
6-20 the north right-of-way line of State Highway No. 290 as same now
6-21 exists; and the South Half (S 1/2) of Section Twenty-five (25), all
6-22 in Block D-6; and the Southeast Quarter (SE 1/4) of Section
6-23 Forty-eight (48) Block P, and containing 1387.66 acres more or
6-24 less, and all easements appurtenant thereto, together with any
6-25 improvements and personal property related therein;
7-1 (2) SECOND TRACT. A strip of land adjacent to and
7-2 extending fifty (50) feet in width on each side of the following
7-3 described line: Commencing at the northeast corner of Section Five
7-4 (5), Block D-6; thence west along the north line of said Section
7-5 Five (5), a distance of two-hundred (200) feet; thence south at
7-6 right angles to said north line a distance of fifty (50) feet to
7-7 the point of beginning; thence continuing south at right angles to
7-8 said north line a distance of one-hundred sixty (160) feet, more or
7-9 less, to a point of curve; thence southwesterly on a curve to the
7-10 right with a radius of nine-hundred forty-two and twenty-nine
7-11 hundredths (942.29) feet, a distance of one-thousand three-hundred
7-12 ninety-six (1396) feet, more or less, to a point of intersection
7-13 with a line parallel with and seventy-five (75) feet northeasterly
7-14 from, measured at right angles to, the centerline of the main track
7-15 of the South Plains and Santa Fe Railway Company, containing 3.57
7-16 acres, more or less, and all easements appurtenant thereto,
7-17 together with any improvements and personal property related
7-18 therein;
7-19 (3) THIRD TRACT (Radio Transmitter Site). A parcel of
7-20 land described as beginning at the northwest corner of the
7-21 southwest quarter (SW 1/4) of Section Two (2), Block D-6; thence
7-22 east six-hundred sixty (660) feet, thence south six-hundred sixty
7-23 (660) feet, thence west six-hundred sixty (660) feet, thence north
7-24 six-hundred sixty (660) feet to the place of beginning, containing
7-25 ten (10) acres, more or less, and all easements appurtenant
8-1 thereto, together with any improvements and personal property
8-2 related therein;
8-3 (4) FOURTH TRACT (Radio Range Site). A certain parcel
8-4 of land described as beginning at the southwest corner of the east
8-5 half (E 1/2) of Section Thirty-eight (38), Block JS, thence north
8-6 five-hundred twenty-two (522) feet, thence east five-hundred (500)
8-7 feet, thence south five-hundred twenty-two (522) feet, thence west
8-8 five-hundred (500) feet to the point of beginning containing six
8-9 (6) acres, more or less, all easements appurtenant thereto,
8-10 together with any improvements and personal property related
8-11 therein;
8-12 (5) FIFTH TRACT (Terry County Auxiliary Air Field). A
8-13 parcel of land situated in Section 27, Block E, E.L. & R.R. Co.
8-14 Survey, County of Terry, State of Texas, being more particularly
8-15 described as follows: beginning at a 1/2" iron rod in the south
8-16 line of Section 27 that bears west, a distance of 1820 feet from
8-17 the section corner common to Sections 27 and 30, Block E for the
8-18 southeast corner of this tract; Thence north 88 35' west, along the
8-19 south line of said Section 27, a distance of 1870 feet to a 1/2"
8-20 iron rod for the southwest corner of this tract; Thence north 02
8-21 23' east, a distance of 5195.4 feet to a 1/2" iron rod set under a
8-22 fence for the northwest corner of this tract; Thence south 88 33'
8-23 east, along an east-west fence line, a distance of 100 feet to a
8-24 point; Thence south 2 23' west, a distance of 200 feet to a 1/2"
8-25 iron pipe for an inside corner of this tract; Thence south 88 33'
9-1 east, a distance of 1770 feet to a 1/2" iron pipe for the northeast
9-2 corner of this tract which bears south, a distance of 200 feet from
9-3 an east-west fence; Thence south 02 23' west, a distance of 4993.2
9-4 feet to the point of beginning, containing an area of 214.86 acres,
9-5 more or less, and all easements appurtenant thereto, together with
9-6 any improvements and personal property related therein.
9-7 (6) SIXTH TRACT (Terry County Auxiliary Air Field). A
9-8 parcel of land situated in Section 30, Block E, E.L. & R.R. R.R.
9-9 Co. Survey, County of Terry, State of Texas, being more
9-10 particularly described as: Beginning at a 1/2" iron rod in a line
9-11 common to the north line of Section 30 and the south line of
9-12 Section 27 which bears west, a distance of 1820 feet from the
9-13 section corner common to Sections 27 and 30, Block E for the
9-14 northeast corner of this tract; Thence south 02 23' west, a
9-15 distance of 5208.1 feet to a point for the southeast corner of this
9-16 tract which bears west, a distance of 1835.5 feet form the
9-17 southeast corner of Section 30; Thence north 88 55' west, along an
9-18 east-west fence on the south line of Section 30, a distance of 1855
9-19 feet to a point for the southwest corner of this tract; Thence
9-20 north 43 16' west, a distance of 21.5 feet to a 1/2" iron rod, set
9-21 for a corner of this tract, which bears north, a distance of 15
9-22 feet from an east-west fence; Thence north 02 23' east, a distance
9-23 of 5203.4 feet to a 1/2" iron rod for the northwest corner of this
9-24 tract which bears east, a distance of 1590 feet from the northwest
9-25 corner of Section 30; Thence south 88 35' east, along the north
10-1 line of Section 30, a distance of 1870 feet to the point of
10-2 beginning, containing an area of 223.80 acres, more or less, and
10-3 all easements appurtenant thereto, together with any improvements
10-4 and personal property related therein.
10-5 (7) SEVENTH TRACT (Terry County Auxiliary Air Field).
10-6 A parcel of land situated in Section 33, Block E, E. L. & R. R.
10-7 R.R. Co. Survey, County of Terry, State of Texas, being more
10-8 particularly described as follows: Beginning at a point under a
10-9 fence along the north line of Section 33 that bears west, a
10-10 distance of 1835.5 feet form a 2" iron pipe marking the northeast
10-11 corner of Section 33; Thence south 02 23' west, a distance of 400
10-12 feet to a 1/2" reinforcing rod for the southeast corner of this
10-13 tract; Thence north 88 55' west, along a line parallel to and 400
10-14 feet south of an east-west fence along the north line of Section
10-15 33, a distance of 1455 feet to a 1/2" iron rod for the southwest
10-16 corner of this tract; Thence north 43 16' west. a distance of 558.7
10-17 feet to a point for the northwest corner of this tract; Thence
10-18 south 88 55' east, with an east-west fence along the north line of
10-19 Section 33, a distance of 1855 feet to the northeast corner of this
10-20 tract and the point of beginning, containing an area of 15.20
10-21 acres, more or less, and all easements appurtenant thereto,
10-22 together with any improvements and personal property related
10-23 therein.
10-24 (8) EIGHTH TRACT (Terry County Auxiliary Air Field).
10-25 A parcel of land situated in Section 33, Block E, E.L. & R.R.
11-1 Railroad Co., Survey, County of Terry, State of Texas, being more
11-2 particularly described as follows: Beginning at a point that bears
11-3 west, a distance of 1835.5 feet and south 02 23' west, a distance
11-4 of 400 feet from the northeast corner of Section 33, Block E, E.L.
11-5 & R.R. Railroad Co., Survey; thence south 02 23' west, a distance
11-6 of 1500 feet; thence north 88 55' west, parallel to the north line
11-7 of Section 33, a distance of 1870 feet; thence north 02 23' east, a
11-8 distance of 1890.55 feet; thence south 88 55' east, a distance of
11-9 15.34 feet; thence south 43 16' east, a distance of 558.70 feet;
11-10 thence south 88 55' east, a distance of 1455.14 feet to the point
11-11 of beginning, containing 66.34 acres, more or less, and all
11-12 easements appurtenant thereto, together with any improvements and
11-13 personal property related therein.
11-14 SECTION 2. Subdivision (14), Section 841.001, Government
11-15 Code, is amended to read as follows:
11-16 (14) "Subdivision" means a county, a political unit
11-17 that consists of all of the geographical area of one county or of
11-18 all or part of more than one county, a political unit of a county
11-19 that has taxing authority, an authority created by the State of
11-20 Texas to conduct redevelopment activities on or related to closed
11-21 military installations of the United States, a crime control and
11-22 prevention district, the Texas Association of Counties, the Texas
11-23 County and District Retirement System, or a city and county that
11-24 jointly operate a city-county hospital under Subchapter B, Chapter
11-25 265, Health and Safety Code, but does not include an incorporated
12-1 city or town, a school district, or a junior college district.
12-2 SECTION 3. The importance of this legislation and the
12-3 crowded condition of the calendars in both houses create an
12-4 emergency and an imperative public necessity that the
12-5 constitutional rule requiring bills to be read on three several
12-6 days in each house be suspended, and this rule is hereby suspended,
12-7 and that this Act take effect and be in force from and after its
12-8 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1622 passed the Senate on
April 25, 1997, by the following vote: Yeas 28, Nays 0; and that
the Senate concurred in House amendments on May 20, 1997, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1622 passed the House, with
amendments, on May 16, 1997, by the following vote: Yeas 141,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor