75R14487 E                          

         By Duncan                                             S.B. No. 1622

         Substitute the following for S.B. No. 1622:

         By Isett                                          C.S.S.B. No. 1622

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of the Lubbock Reese Redevelopment

 1-3     Authority.

 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 2310 to read as follows:

 1-7            CHAPTER 2310.  LUBBOCK REESE REDEVELOPMENT AUTHORITY

 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-9           Sec. 2310.001.  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     2310.026 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. 2310.002.  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 2310.026, on adoption of resolutions by both

1-22     the city and the county authorizing the authority's establishment.

1-23           Sec. 2310.003.  BOARD.  (a)  The board consists of nine

1-24     members and is responsible for the management, operation, and

 2-1     control of the authority.

 2-2           (b)  The board is composed of:

 2-3                 (1)  two members appointed by the governing body of the

 2-4     city;

 2-5                 (2)  two members appointed by the governing body of the

 2-6     county;

 2-7                 (3)  one member appointed by the South Plains

 2-8     Association of Governments; and

 2-9                 (4)  four at-large members appointed by the majority

2-10     vote of the members appointed under Subdivisions (1), (2), and (3).

2-11           (c)  A vacancy on the board is filled in the same manner as

2-12     the original appointment.  Each board member serves for a term of

2-13     two years.

2-14           (d)  The members of the board shall elect from its membership

2-15     a president and vice president.  The vice president shall preside

2-16     in the absence of the president.

2-17           (e)  A majority of the members of the board is a quorum for

2-18     the transaction of business.

2-19           (f)  The board shall adopt rules for its proceedings and may

2-20     employ and compensate persons to carry out the powers and duties of

2-21     the authority.

2-22             (Sections 2310.004-2310.020 reserved for expansion

2-23      SUBCHAPTER B.  PURPOSE AND NATURE OF AUTHORITY; POWERS AND DUTIES

2-24           Sec. 2310.021.  PURPOSE AND NATURE OF AUTHORITY.  (a)  The

2-25     authority is created, on an affirmative vote by the governing body

2-26     of the city and the commissioners court of the county, to accept

2-27     title, on approval by and in coordination with the governor, from

 3-1     the United States to all or any portion of the real, personal, and

 3-2     mixed property situated within Reese Air Force Base, as described

 3-3     by Section 2310.026.

 3-4           (b)  The authority is a public political entity and corporate

 3-5     body and exercises public and essential governmental functions.

 3-6           (c)  The exercise of a power granted by this chapter is for a

 3-7     public purpose and is a matter of public necessity.

 3-8           (d)  The authority is a governmental unit under Chapter 101,

 3-9     Civil Practice and Remedies Code, and the operations of the

3-10     authority are not proprietary functions for any purpose, including

3-11     the application of Chapter 101, Civil Practice and Remedies Code.

3-12           Sec. 2310.022.  POWERS AND DUTIES OF AUTHORITY.  (a)  The

3-13     authority has and may exercise, on approval by and in coordination

3-14     with the governor, all the powers necessary or convenient to carry

3-15     out or to effect a purpose of this chapter, including the power to:

3-16                 (1)  sue and be sued to the extent permitted by law,

3-17     and plead and be impleaded, in its own name, and in such a suit the

3-18     authority may not be required to give security for costs or a

3-19     supersedeas or cost bond in an appeal of a judgment;

3-20                 (2)  adopt an official seal and alter it as considered

3-21     advisable;

3-22                 (3)  adopt and enforce bylaws and rules for the conduct

3-23     of its affairs not inconsistent with this chapter;

3-24                 (4)  acquire, hold, own, and dispose of its revenues,

3-25     income, receipts, funds, and money from every source;

3-26                 (5)  select its depository or depositories;

3-27                 (6)  set the fiscal year for the authority;

 4-1                 (7)  establish a complete system of accounts for the

 4-2     authority;

 4-3                 (8)  invest funds in accordance with Chapter 2256;

 4-4                 (9)  acquire, use, own, rent, lease, accept, hold, or

 4-5     dispose of any real, personal, or mixed property, licenses,

 4-6     patents, rights, and other interest in that property, by purchase,

 4-7     exchange, gift, assignment, condemnation, sale, lease, or any other

 4-8     means, including rights-of-way or easements, and  hold, manage,

 4-9     operate, or improve that property, to perform the duties and

4-10     exercise any of the powers under this chapter;

4-11                 (10)  sell, assign, lease, encumber, mortgage, or

4-12     otherwise dispose of any real, personal, or mixed property

4-13     comprising the base property, or any interest in that property,

4-14     release or relinquish any right, title, claim, lien, interest,

4-15     easement, or demand, however acquired, and conduct any of those

4-16     transactions by public or private sale, notwithstanding any other

4-17     law;

4-18                 (11)  lease or rent any land or buildings, structures,

4-19     or facilities located on the base property to any person to effect

4-20     the purposes of this chapter;

4-21                 (12)  request and accept any appropriations, grants,

4-22     allocations, subsidies, guaranties, aid, contributions, services,

4-23     labor, materials, gifts, donations, or money from the federal

4-24     government, this state, any city, any public agency, any political

4-25     subdivision, or any other sources;

4-26                 (13)  operate and maintain an office;

4-27                 (14)  appoint and determine the duties, tenure,

 5-1     qualifications, compensation, and removal of officers, employees,

 5-2     agents, professional advisors, and counselors, including financial

 5-3     consultants, accountants, attorneys, architects, engineers,

 5-4     appraisers, and financing experts, as are considered necessary or

 5-5     advisable by the board;

 5-6                 (15)  borrow money as necessary to acquire, improve, or

 5-7     operate facilities on the base property, not to exceed an amount

 5-8     determined by the governing body of the city;

 5-9                 (16)  fix, revise from time to time, charge, and

5-10     collect rents, rates, fees, and charges for its facilities and

5-11     services;

5-12                 (17)  exercise powers granted to a municipality under

5-13     Chapter 380, Local Government Code, for expansion of economic

5-14     development and commercial activity; and

5-15                 (18)  adopt an annual operating budget for all major

5-16     expenditures before the beginning of the fiscal year.

5-17           Sec. 2310.023.  EXEMPT FROM TAXATION.  The property,

5-18     revenues, and income of the authority are exempt from all taxes

5-19     levied by this state or a political subdivision of this state.

5-20           Sec. 2310.024.  DISSOLUTION.  The authority shall be

5-21     dissolved when all the functions of the authority are performed and

5-22     completed, and on approval of the city and county after all debts

5-23     or obligations have been duly satisfied or retired with its assets.

5-24     Any remaining assets of the authority shall be conveyed or

5-25     transferred to the city and the county in accordance with the

5-26     initial proportion of funds contributed by each.  It is the

5-27     intention of the legislature that the authority be dissolved after

 6-1     conveyance and sale of all of the base property.

 6-2           Sec. 2310.025.  SUCCESSOR.  The authority is the successor in

 6-3     interest to the Lubbock Reese Redevelopment Authority Corporation,

 6-4     a nonprofit corporation organized under the Texas Non-Profit

 6-5     Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil

 6-6     Statutes), and succeeds to all rights and liabilities of the

 6-7     corporation.

 6-8           Sec. 2310.026.  DESCRIPTION OF TRACTS.  (1)  FIRST TRACT.

 6-9     All of Section Four (4) and the East Half (E 1/2) of Section

6-10     Twenty-six (26) except that part of said Sections lying south of

6-11     the north right-of-way line of State Highway No. 290 as same now

6-12     exists; and the South Half (S 1/2) of Section Twenty-five (25), all

6-13     in Block D-6; and the Southeast Quarter (SE 1/4) of Section

6-14     Forty-eight (48) Block P, and containing 1387.66 acres more or

6-15     less, and all easements appurtenant thereto, together with any

6-16     improvements and personal property related therein;

6-17                 (2)  SECOND TRACT.  A strip of land adjacent to and

6-18     extending fifty (50) feet in width on each side of the following

6-19     described line:  Commencing at the northeast corner of Section Five

6-20     (5), Block D-6; thence west along the north line of said Section

6-21     Five (5), a distance of two-hundred (200) feet; thence south at

6-22     right angles to said north line a distance of fifty (50) feet to

6-23     the point of beginning; thence continuing south at right angles to

6-24     said north line a distance of one-hundred sixty (160) feet, more or

6-25     less, to a point of curve; thence southwesterly on a curve to the

6-26     right with a radius of nine-hundred forty-two and twenty-nine

6-27     hundredths (942.29) feet, a distance of one-thousand three-hundred

 7-1     ninety-six (1396) feet, more or less, to a point of intersection

 7-2     with a line parallel with and seventy-five (75) feet northeasterly

 7-3     from, measured at right angles to, the centerline of the main track

 7-4     of the South Plains and Santa Fe Railway Company, containing 3.57

 7-5     acres, more or less, and all easements appurtenant thereto,

 7-6     together with any improvements and personal property related

 7-7     therein;

 7-8                 (3)  THIRD TRACT (Radio Transmitter Site).  A parcel of

 7-9     land described as beginning at the northwest corner of the

7-10     southwest quarter (SW 1/4) of Section Two (2), Block D-6; thence

7-11     east six-hundred sixty (660) feet, thence south six-hundred sixty

7-12     (660) feet, thence west six-hundred sixty (660) feet, thence north

7-13     six-hundred sixty (660) feet to the place of beginning, containing

7-14     ten (10) acres, more or less, and all easements appurtenant

7-15     thereto, together with any improvements and personal property

7-16     related therein;

7-17                 (4)  FOURTH TRACT (Radio Range Site).  A certain parcel

7-18     of land described as beginning at the southwest corner of the east

7-19     half (E 1/2) of Section Thirty-eight (38), Block JS, thence north

7-20     five-hundred twenty-two (522) feet, thence east five-hundred (500)

7-21     feet, thence south five-hundred twenty-two (522) feet, thence west

7-22     five-hundred (500) feet to the point of beginning containing six

7-23     (6) acres, more or less, all easements appurtenant thereto,

7-24     together with any improvements and personal property related

7-25     therein;

7-26                 (5)  FIFTH TRACT (Terry County Auxiliary Air Field).  A

7-27     parcel of land situated in Section 27, Block E, E.L. & R.R. Co.

 8-1     Survey, County of Terry, State of Texas, being more particularly

 8-2     described as follows:  beginning at a 1/2" iron rod in the south

 8-3     line of Section 27 that bears west, a distance of 1820 feet from

 8-4     the section corner common to Sections 27 and 30, Block E for the

 8-5     southeast corner of this tract; Thence north 88 35' west, along the

 8-6     south line of said Section 27, a distance of 1870 feet to a 1/2"

 8-7     iron rod for the southwest corner of this tract; Thence north 02

 8-8     23' east, a distance of 5195.4 feet to a 1/2" iron rod set under a

 8-9     fence for the northwest corner of this tract; Thence south 88 33'

8-10     east, along an east-west fence line, a distance of 100 feet to a

8-11     point; Thence south 2 23' west, a distance of 200 feet to a 1/2"

8-12     iron pipe for an inside corner of this tract; Thence south 88 33'

8-13     east, a distance of 1770 feet to a 1/2" iron pipe for the northeast

8-14     corner of this tract which bears south, a distance of 200 feet from

8-15     an east-west fence; Thence south 02 23' west, a distance of 4993.2

8-16     feet to the point of beginning, containing an area of 214.86 acres,

8-17     more or less, and all easements appurtenant thereto, together with

8-18     any improvements and personal property related therein.

8-19                 (6)  SIXTH TRACT (Terry County Auxiliary Air Field).  A

8-20     parcel of land situated in Section 30, Block E, E.L. & R.R. R.R.

8-21     Co. Survey, County of Terry, State of Texas, being more

8-22     particularly described as:  Beginning at a 1/2" iron rod in a line

8-23     common to the north line of Section 30 and the south line of

8-24     Section 27 which bears west, a distance of 1820 feet from the

8-25     section corner common to Sections 27 and 30, Block E for the

8-26     northeast corner of this tract; Thence south 02 23' west, a

8-27     distance of 5208.1 feet to a point for the southeast corner of this

 9-1     tract which bears west, a distance of 1835.5 feet form the

 9-2     southeast corner of Section 30; Thence north 88 55' west, along an

 9-3     east-west fence on the south line of Section 30, a distance of 1855

 9-4     feet to a point for the southwest corner of this tract; Thence

 9-5     north 43 16' west, a distance of 21.5 feet to a 1/2" iron rod, set

 9-6     for a corner of this tract, which bears north, a distance of 15

 9-7     feet from an east-west fence; Thence north 02 23' east, a distance

 9-8     of 5203.4 feet to a 1/2" iron rod for the northwest corner of this

 9-9     tract which bears east, a distance of 1590 feet from the northwest

9-10     corner of Section 30; Thence south 88 35' east, along the north

9-11     line of Section 30, a distance of 1870 feet to the point of

9-12     beginning, containing an area of 223.80 acres, more or less, and

9-13     all easements appurtenant thereto, together with any improvements

9-14     and personal property related therein.

9-15                 (7)  SEVENTH TRACT (Terry County Auxiliary Air Field).

9-16     A parcel of land situated in Section 33, Block E, E. L. & R. R.

9-17     R.R. Co. Survey, County of Terry, State of Texas, being more

9-18     particularly described as follows:  Beginning at a point under a

9-19     fence along the north line of Section 33 that bears west, a

9-20     distance of 1835.5 feet form a 2" iron pipe marking the northeast

9-21     corner of Section 33; Thence south 02 23' west, a distance of 400

9-22     feet to a 1/2" reinforcing rod for the southeast corner of this

9-23     tract; Thence north 88 55' west, along a line parallel to and 400

9-24     feet south of an east-west fence along the north line of Section

9-25     33, a distance of 1455 feet to a 1/2" iron rod for the southwest

9-26     corner of this tract; Thence north 43 16' west. a distance of 558.7

9-27     feet to a point for the northwest corner of this tract; Thence

 10-1    south 88 55' east, with an east-west fence along the north line of

 10-2    Section 33, a distance of 1855 feet to the northeast corner of this

 10-3    tract and the point of beginning, containing an area of 15.20

 10-4    acres, more or less, and all easements appurtenant thereto,

 10-5    together with any improvements and personal property related

 10-6    therein.

 10-7                (8)  EIGHTH TRACT (Terry County Auxiliary Air Field).

 10-8    A parcel of land situated in Section 33, Block E, E.L. & R.R.

 10-9    Railroad Co., Survey, County of Terry, State of Texas, being more

10-10    particularly described as follows:  Beginning at a point that bears

10-11    west, a distance of 1835.5 feet and south 02 23' west, a distance

10-12    of 400 feet from the northeast corner of Section 33, Block E, E.L.

10-13    & R.R. Railroad Co., Survey; thence south 02 23' west, a distance

10-14    of 1500 feet; thence north 88 55' west, parallel to the north line

10-15    of Section 33, a distance of 1870 feet; thence north 02 23' east, a

10-16    distance of 1890.55 feet; thence south 88 55' east, a distance of

10-17    15.34 feet; thence south 43 16' east, a distance of 558.70 feet;

10-18    thence south 88 55' east, a distance of 1455.14 feet to the point

10-19    of beginning, containing 66.34 acres, more or less, and all

10-20    easements appurtenant thereto, together with any improvements and

10-21    personal property related therein.

10-22          SECTION 2.  The importance of this legislation and the

10-23    crowded condition of the calendars in both houses create an

10-24    emergency and an imperative public necessity that the

10-25    constitutional rule requiring bills to be read on three several

10-26    days in each house be suspended, and this rule is hereby suspended,

10-27    and that this Act take effect and be in force from and after its

 11-1    passage, and it is so enacted.