By:  Duncan                                           S.B. No. 1622

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     Authority.

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

 1-4           SECTION 1.  DEFINITION.  In this Article:

 1-5                 (1)  "Authority" means the Lubbock Reese Redevelopment

 1-6     Authority.

 1-7                 (2)  "Board" means the Board of Directors of the

 1-8     Authority.

 1-9                 (3)  "County" means the County of Lubbock, Texas.

1-10                 (4)  "City" means the City of Lubbock, Texas.

1-11                 (5)  "Property" means land, improvements and personal

1-12     property described in Section 4.

1-13                 (6)  "Corporation" means the Lubbock Reese

1-14     Redevelopment Authority Corporation.

1-15           SECTION 2.  ESTABLISHMENT:  (a)  The Authority is hereby

1-16     established as an authority of the State of Texas with boundaries

1-17     coterminous with the boundaries of the real property described in

1-18     Section 4, upon adoption of Resolutions by both the City and the

1-19     County authorizing the Authority's establishment and each

1-20     appointing two members to the Board, one member of the Board

1-21     appointed by the South Plains Association of Governments and four

 2-1     members of the Board to be appointed by the previously appointed

 2-2     Board members.

 2-3           SECTION 3.  BOARD:  (a)  The Board shall consist of nine

 2-4     members and is responsible for the management, operation and

 2-5     control of the Authority.

 2-6           (b)  The Board is composed of the following members:

 2-7                 (1)  Two members appointed by the governing body of the

 2-8     City.

 2-9                 (2)  Two members appointed by the governing body of the

2-10     County.

2-11                 (3)  One member appointed by the South Plains

2-12     Association of Governments.

2-13                 (4)  Four at-large members appointed by the majority

2-14     vote of the members named in Section 3(b) 1, 2 and 3.

2-15           (c)  A vacancy on the Board is filled in the same manner as

2-16     the original appointment.  Each Board member serves for a term of

2-17     two years.

2-18           (d)  The members of the Board shall elect from its membership

2-19     a person to serve as president and a person to serve as

2-20     vice-president.  The vice-president shall preside in the absence of

2-21     the president.

2-22           (e)  A majority of the members of the Board shall constitute

2-23     a quorum for the transaction of business.

2-24           (f)  The board shall adopt rules for its proceedings and may

2-25     employ and compensate persons to carry out the powers and duties of

 3-1     the Authority.

 3-2           SECTION 4.  PURPOSE:  (a)  The Authority is created to accept

 3-3     title from the United States of America to all or any portion of

 3-4     the real property situated within Reese Air Force Base, being

 3-5     described as follows:

 3-6                 (1)  FIRST TRACT.  All of Section Four (4) and the East

 3-7     Half (E 1/2) of Section Twenty-six (26) except that part of said

 3-8     Sections lying south of the north right-of-way line of State

 3-9     Highway No. 290 as same now exists; and the South Half (S 1/2) of

3-10     Section Twenty-five (25), all in Block D-6; and containing 1387.66

3-11     acres more or less, and all easements appurtenant thereto, together

3-12     with any improvements and personal property related therein;

3-13                 (2)  SECOND TRACT.  A strip of land adjacent to and

3-14     extending fifty (50) feet in width on each side of the following

3-15     described line:  Commencing at the northeast corner of Section Five

3-16     (5), Block D-6; thence west along the north line of said Section

3-17     Five (5), a distance of two-hundred (200) feet; thence south at

3-18     right angles to said north line a distance of fifty (50) feet to

3-19     the point of beginning; thence continuing south at right angles to

3-20     said north line a distance of one-hundred sixty (160) feet, more or

3-21     less, to a point of curve; thence southwesterly on a curve to the

3-22     right with a radius of nine-hundred forty-two and twenty-nine

3-23     hundredths (942.29) feet, a distance of one-thousand three-hundred

3-24     ninety-six (1396) feet, more or less, to a point of intersection

3-25     with line parallel with and seventy-five (75) feet northeasterly

 4-1     from, measured at right angles to, the centerline of the main track

 4-2     of the South Plains and Sante Fe Railway Company, containing 3.57

 4-3     acres, more or less, and all easements appurtenant thereto,

 4-4     together with any improvements and personal property related

 4-5     therein;

 4-6                 (3)  THIRD TRACT (Radio Transmitter Site).  A parcel of

 4-7     land described as beginning at the northwest corner of the

 4-8     southwest quarter (SW 1/4) of Section Two (2), Block D-6; thence

 4-9     east six-hundred sixty (660) feet, thence west six-hundred sixty

4-10     (660) feet, thence north six-hundred sixty (660) feet to the place

4-11     of beginning, containing ten (10) acres, more or less, and all

4-12     easements appurtenant thereto, together with any improvements and

4-13     personal property related therein;

4-14                 (4)  FOURTH TRACT (Radio Range Site).  A certain parcel

4-15     of land described as beginning at the southwest corner of the east

4-16     half (E 1/2) of Section Thirty-eight (38), Block JS, thence north

4-17     five-hundred twenty-two (522) feet, thence east five-hundred (500)

4-18     feet, thence south five-hundred twenty-two (522) feet, thence west

4-19     five-hundred (500) feet to the point of beginning containing six

4-20     (6) acres, more or less, all easements appurtenant thereto,

4-21     together with any improvements and personal property related

4-22     therein;

4-23                 (5)  FIFTH TRACT (Terry County Auxiliary Air Field).  A

4-24     parcel of land described as ...... and all easements appurtenant

4-25     thereto, together with any improvements and personal property

 5-1     related therein.

 5-2           SECTION 5.  POWERS AND DUTIES OF THE AUTHORITY.  (a)  The

 5-3     Authority created under this Act is hereby granted, has, and may

 5-4     exercise all powers necessary or appropriate to carry out, achieve,

 5-5     or effectuate the purpose of this Act, including, without

 5-6     limitation, the following powers:

 5-7                 (1)  to sue and be sued, and plead and be impleaded, in

 5-8     its own name;

 5-9                 (2)  to adopt an official seal and alter same when

5-10     deemed advisable and to adopt and enforce bylaws, rules, and

5-11     regulations, for the conduct of its affairs, not inconsistent with

5-12     the provisions of this Act;

5-13                 (3)  to acquire, hold, own, and dispose of its

5-14     revenues, income, receipts, funds, and money from every source, and

5-15     to select its depository or depositories;

5-16                 (4)  to acquire, own, rent, lease, accept, hold, or

5-17     dispose of any real, personal, or mixed property comprising the

5-18     Property, or any interest therein, in performing its duties and

5-19     exercising its powers under this Act, by purchase, exchange, gift,

5-20     assignment, condemnation, sale, lease, or otherwise, including

5-21     rights or easements, and to hold, manage, operate, or improve the

5-22     Property;

5-23                 (5)  to sell, assign, lease, encumber, mortgage, or

5-24     otherwise dispose of any real, personal, or mixed property

5-25     comprising the Property, or any interest therein, and release or

 6-1     relinquish any right, title, claim, lien, interest, easement, or

 6-2     demand however acquired, and to do any of the foregoing by public

 6-3     or private sale, with or without public bidding, notwithstanding

 6-4     the provisions of any other law, and to lease or rent any lands

 6-5     within the Property and buildings, structures, or facilities

 6-6     located thereon from or to any person, firm, corporation, city, or

 6-7     other public agency or political subdivision to effectuate the

 6-8     purposes of this Act;

 6-9                 (6)  to request and to accept any appropriations,

6-10     grants, allocations, subsidies, guaranties, aid, contributions,

6-11     services, labor, materials, gifts or donations from the federal

6-12     government, the state, any city, public agency, political

6-13     subdivision, or any other sources;

6-14                 (7)  to operate and maintain an office, and to appoint,

6-15     and determine the duties, tenure, qualifications, and compensation

6-16     of such officers, employees, agents, and professional advisors, and

6-17     counselors, including, without limitation, financial consultants,

6-18     accountants, attorneys, architects, engineers, appraisers, and

6-19     financing experts, as are deemed necessary or advisable by the

6-20     Board;

6-21                 (8)  to borrow money;

6-22                 (9)  to fix and revise from time to time and charge and

6-23     collect rents, rates, fees and charges for its facilities and

6-24     services;

6-25                 (10)  to exercise those powers also as granted to

 7-1     municipalities in Chapters 373 and 380 of the Local Government Code

 7-2     for the development of housing and expansion of economic

 7-3     development and commercial activity.

 7-4           SECTION 6.  EXEMPT FROM TAXATION.  (a)  The properties,

 7-5     revenues and income of the Authority are exempt from all taxes

 7-6     levied by the State or a political subdivision of the State.

 7-7           SECTION 7.  DISSOLUTION.  (a)  The Authority may be dissolved

 7-8     by the Board upon approval of the City and County after all debts

 7-9     or obligations have been duly satisfied or retired with such assets

7-10     of the Authority to be conveyed and/or transferred to the City and

7-11     the County in accordance with the initial proportion of funds

7-12     contributed by each.  It is the intention of this Legislative

7-13     enactment that the Authority will be dissolved after conveyance and

7-14     sale of all of the Property.

7-15           SECTION 8.  SUCCESSOR.  (a)  The Authority is the successor

7-16     in interest to the Lubbock Reese Redevelopment Authority

7-17     Corporation, a non-profit corporation organized under the Texas

7-18     Non-Profit Corporation Act, and shall succeed to all rights and

7-19     liabilities of the Corporation.

7-20           SECTION 9.  SEVERABILITY.  (a)  If any word, phrase, clause,

7-21     paragraph, sentence, part, portion or provision of this Act or the

7-22     application thereof to any persons or circumstances shall be held

7-23     to be invalid or unconstitutional, the remainder of this Act shall

7-24     nevertheless be valid and the legislature hereby declares that this

7-25     Act would have been enacted without such invalid or

 8-1     unconstitutional word, phrase, clause, paragraph, sentence, part,

 8-2     portion, or provision.

 8-3           SECTION 10.  The importance of this legislation and the

 8-4     crowded condition of the calendars in both houses create an

 8-5     emergency and an imperative public necessity that the

 8-6     constitutional rule requiring bills to be read on three several

 8-7     days in each house be suspended, and this rule is hereby suspended,

 8-8     and that this Act take effect and be in force from and after its

 8-9     passage, and it is so enacted.