1-1     By:  Duncan                                           S.B. No. 1622

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Veteran Affairs and

 1-4     Military Installations; April 22, 1997, reported adversely, with

 1-5     favorable Committee Substitute by the following vote:  Yeas 5, Nays

 1-6     0; April 22, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1622               By:  Shapleigh

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the creation of the Lubbock Reese Redevelopment

1-11     Authority; granting the power of eminent domain.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subtitle G, Title 10, Government Code, is amended

1-14     by adding Chapter 2310 to read as follows:

1-15            CHAPTER 2310.  LUBBOCK REESE REDEVELOPMENT AUTHORITY

1-16                      SUBCHAPTER A.  GENERAL PROVISIONS

1-17           Sec. 2310.001.  DEFINITIONS.  In this subchapter:

1-18                 (1)  "Authority" means the Lubbock Reese Redevelopment

1-19     Authority.

1-20                 (2)  "Board" means the board of directors of the

1-21     authority.

1-22                 (3)  "County" means the County of Lubbock, Texas.

1-23                 (4)  "City" means the City of Lubbock, Texas.

1-24                 (5)  "Property" means land, improvements, and personal

1-25     property described in Section 2310.026.

1-26                 (6)  "Corporation" means the Lubbock Reese

1-27     Redevelopment Authority Corporation.

1-28           Sec. 2310.002.  ESTABLISHMENT.  The authority is established

1-29     as an authority and political subdivision of the State of Texas,

1-30     with boundaries coterminous with the boundaries of the real

1-31     property described in Section 2310.026, on adoption of resolutions

1-32     by both the city and the county authorizing the authority's

1-33     establishment.

1-34           Sec. 2310.003.  BOARD.  (a)  The board shall consist of nine

1-35     members and is responsible for the management, operation, and

1-36     control of the authority.

1-37           (b)  The board is composed of the following members:

1-38                 (1)  two members appointed by the governing body of the

1-39     city;

1-40                 (2)  two members appointed by the governing body of the

1-41     county;

1-42                 (3)  one member appointed by the South Plains

1-43     Association of Governments; and

1-44                 (4)  four at-large members appointed by the majority

1-45     vote of the members appointed under Subdivisions (1), (2), and (3).

1-46           (c)  A vacancy on the board is filled in the same manner as

1-47     the original appointment.  Each board member serves for a term of

1-48     two years.

1-49           (d)  The members of the board shall elect from its membership

1-50     a person to serve as president and a person to serve as vice

1-51     president.  The vice president shall preside in the absence of the

1-52     president.

1-53           (e)  A majority of the members of the board shall constitute

1-54     a quorum for the transaction of business.

1-55           (f)  The board shall adopt rules for its proceedings and may

1-56     employ and compensate persons to carry out the powers and duties of

1-57     the authority.

1-58             (Sections 2310.004-2310.020 reserved for expansion

1-59      SUBCHAPTER B.  PURPOSE AND NATURE OF AUTHORITY; POWERS AND DUTIES

1-60           Sec. 2310.021.  PURPOSE AND NATURE OF AUTHORITY.  (a)  The

1-61     authority is created to accept title from the United States to all

1-62     or any portion of the real, personal, and mixed property situated

1-63     within Reese Air Force Base, as described in Section 2310.026.

1-64           (b)  The authority is a public political entity and corporate

 2-1     body and exercises public and essential governmental functions.

 2-2           (c)  The exercise of a power granted by this chapter is for a

 2-3     public purpose and is a matter of public necessity.

 2-4           (d)  The authority is a governmental unit under Chapter 101,

 2-5     Civil Practice and Remedies Code, and the operations of the

 2-6     authority are not proprietary functions for any purpose, including

 2-7     the application of Chapter 101, Civil Practice and Remedies Code.

 2-8           Sec. 2310.022.  POWERS AND DUTIES OF THE AUTHORITY.  (a)  The

 2-9     authority created under this chapter shall have and exercise all

2-10     the powers necessary or convenient to carry out this chapter or to

2-11     effect a purpose of this chapter including but not limited to the

2-12     following:

2-13                 (1)  to sue and be sued to the extent permitted by law,

2-14     and plead and be impleaded, in its own name.  The authority may not

2-15     be required to give security for costs in a suit brought or

2-16     prosecuted by the authority and may not be required to give a

2-17     supersedeas or cost bond in an appeal of a judgment;

2-18                 (2)  to adopt an official seal and alter same when

2-19     deemed advisable and to adopt and enforce bylaws, rules, and

2-20     regulations for the conduct of its affairs not inconsistent with

2-21     the provisions of this chapter;

2-22                 (3)  to acquire, hold, own, and dispose of its

2-23     revenues, income, receipts, funds, and money from every source and

2-24     to select its depository or depositories, to set the fiscal year

2-25     for the authority, to establish a complete system of accounts for

2-26     the authority, and to invest funds in accordance with the

2-27     requirements of Chapter 2256;

2-28                 (4)  to acquire, use, own, rent, lease, accept, hold,

2-29     or dispose of any real, personal, or mixed property, licenses,

2-30     patents, rights, and other interest therein, by purchase, exchange,

2-31     gift, assignment, condemnation, sale, lease, or any other means,

2-32     including rights-of-way or easements, and to hold, manage, operate,

2-33     or improve said property, in order to perform the duties and

2-34     exercise any of the powers under this chapter.  The authority may

2-35     acquire by eminent domain any interest in real property including a

2-36     fee simple interest and the use of air or subsurface space.

2-37     Chapter 21, Property Code, applies to an eminent domain proceeding

2-38     by the authority;

2-39                 (5)  to sell, assign, lease, encumber, mortgage, or

2-40     otherwise dispose of any real, personal, or mixed property

2-41     comprising the property, or any interest therein, and release or

2-42     relinquish any right, title, claim, lien, interest, easement, or

2-43     demand, however acquired, and to do any of the foregoing by public

2-44     or private sale, notwithstanding the provisions of any other law,

2-45     and to lease or rent any lands and buildings, structures, or

2-46     facilities located on the property to any person, firm,

2-47     corporation, or public entity or political subdivision to

2-48     effectuate the purposes of this chapter;

2-49                 (6)  to request and to accept any appropriations,

2-50     grants, allocations, subsidies, guaranties, aid, contributions,

2-51     services, labor, materials, gifts, donations, or funds from the

2-52     federal government, the state, any city, public agency, or

2-53     political subdivision, or any other sources;

2-54                 (7)  to operate and maintain an office and to appoint

2-55     and determine the duties, tenure, qualifications, compensation, and

2-56     removal of such officers, employees, agents, and professional

2-57     advisors, and counselors, including, without limitation, financial

2-58     consultants, accountants, attorneys, architects, engineers,

2-59     appraisers, and financing experts, as are deemed necessary or

2-60     advisable by the board;

2-61                 (8)  to borrow money;

2-62                 (9)  to fix and revise from time to time and charge and

2-63     collect rents, rates, fees, and charges for its facilities and

2-64     services;

2-65                 (10)  to exercise those powers also as granted to

2-66     municipalities in Chapter 380, Local Government Code, for the

2-67     expansion of economic development and commercial activity; and

2-68                 (11)  to adopt an annual operating budget for all major

2-69     expenditures before the beginning of the fiscal year.

 3-1           Sec. 2310.023.  EXEMPT FROM TAXATION.  The properties,

 3-2     revenues, and income of the authority are exempt from all taxes

 3-3     levied by the state or a political subdivision of the state.

 3-4           Sec. 2310.024.  DISSOLUTION.  (a)  The authority shall be

 3-5     dissolved when all the functions of the authority are performed and

 3-6     completed, and on approval of the city and county after all debts

 3-7     or obligations have been duly satisfied or retired with its assets.

 3-8     Any remaining assets of the authority shall be conveyed or

 3-9     transferred to the city and the county in accordance with the

3-10     initial proportion of funds contributed by each.  It is the

3-11     intention of the legislature that the authority be dissolved after

3-12     conveyance and sale of all of the property.

3-13           Sec. 2310.025.  SUCCESSOR.  The authority is the successor in

3-14     interest to the Lubbock Reese Redevelopment Authority Corporation,

3-15     a nonprofit corporation organized under the Texas Non-Profit

3-16     Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil

3-17     Statutes), and shall succeed to all rights and liabilities of the

3-18     corporation.

3-19           Sec. 2310.026.  DESCRIPTION OF TRACTS.  (1)  FIRST TRACT.

3-20     All of Section Four (4) and the East Half (E 1/2) of Section

3-21     Twenty-six (26) except that part of said Sections lying south of

3-22     the north right-of-way line of State Highway No. 290 as same now

3-23     exists; and the South Half (S 1/2) of Section Twenty-five (25), all

3-24     in Block D-6; and containing 1387.66 acres more or less, and all

3-25     easements appurtenant thereto, together with any improvements and

3-26     personal property related therein;

3-27                 (2)  SECOND TRACT.  A strip of land adjacent to and

3-28     extending fifty (50) feet in width on each side of the following

3-29     described line:  Commencing at the northeast corner of Section Five

3-30     (5), Block D-6; thence west along the north line of said Section

3-31     Five (5), a distance of two-hundred (200) feet; thence south at

3-32     right angles to said north line a distance of fifty (50) feet to

3-33     the point of beginning; thence continuing south at right angles to

3-34     said north line a distance of one-hundred sixty (160) feet, more or

3-35     less, to a point of curve; thence southwesterly on a curve to the

3-36     right with a radius of nine-hundred forty-two and twenty-nine

3-37     hundredths (942.29) feet, a distance of one-thousand three-hundred

3-38     ninety-six (1396) feet, more or less, to a point of intersection

3-39     with line parallel with and seventy-five (75) feet northeasterly

3-40     from, measured at right angles to, the centerline of the main track

3-41     of the South Plains and Santa Fe Railway Company, containing 3.57

3-42     acres, more or less, and all easements appurtenant thereto,

3-43     together with any improvements and personal property related

3-44     therein;

3-45                 (3)  THIRD TRACT (Radio Transmitter Site).  A parcel of

3-46     land described as beginning at the northwest corner of the

3-47     southwest quarter (SW 1/4) of Section Two (2), Block D-6; thence

3-48     east six-hundred sixty (660) feet, thence west six-hundred sixty

3-49     (660) feet, thence north six-hundred sixty (660) feet to the place

3-50     of beginning, containing ten (10) acres, more or less, and all

3-51     easements appurtenant thereto, together with any improvements and

3-52     personal property related therein;

3-53                 (4)  FOURTH TRACT (Radio Range Site).  A certain parcel

3-54     of land described as beginning at the southwest corner of the east

3-55     half (E 1/2) of Section Thirty-eight (38), Block JS, thence north

3-56     five-hundred twenty-two (522) feet, thence east five-hundred (500)

3-57     feet, thence south five-hundred twenty-two (522) feet, thence west

3-58     five-hundred (500) feet to the point of beginning containing six

3-59     (6) acres, more or less, all easements appurtenant thereto,

3-60     together with any improvements and personal property related

3-61     therein;

3-62                 (5)  FIFTH TRACT (Terry County Auxiliary Air Field).  A

3-63     parcel of land situated in Section 27, Block E, E.L. & R.R. Co.

3-64     Survey, County of Terry, State of Texas, being more particularly

3-65     described as follows:  beginning at a 1/2" iron rod in the south

3-66     line of Section 27 that bears west, a distance of 1820 feet from

3-67     the section corner common to Sections 27 and 30, Block E for the

3-68     southeast corner of this tract; Thence north 88 35' west, along the

3-69     south line of said Section 27, a distance of 1870 feet to a 1/2"

 4-1     iron rod for the southwest corner of this tract; Thence north 02

 4-2     23' east, a distance of 5195.4 feet to a 1/2" iron rod set under a

 4-3     fence for the northwest corner of this tract; Thence south 88 33'

 4-4     east, along an east-west fence line, a distance of 100 feet to a

 4-5     point; Thence south 2 23' west, a distance of 200 feet to a 1/2"

 4-6     iron pipe for an inside corner of this tract; Thence south 88 33'

 4-7     east, a distance of 1770 feet to a 1/2" iron pipe for the northeast

 4-8     corner of this tract which bears south, a distance of 200 feet from

 4-9     an east-west fence; Thence south 02 23' west, a distance of 4993.2

4-10     feet to the point of beginning, containing an area of 214.86 acres,

4-11     more or less, and all easements appurtenant thereto, together with

4-12     any improvements and personal property related therein.

4-13                 (6)  SIXTH TRACT (Terry County Auxiliary Air Field).  A

4-14     parcel of land situated in Section 30, Block E, E.L. & R.R. R.R.

4-15     Co. Survey, County of Terry, State of Texas, being more

4-16     particularly described as:  Beginning at a 1/2" iron rod in a line

4-17     common to the north line of Section 30 and the south line of

4-18     Section 27 which bears west, a distance of 1820 feet from the

4-19     section corner common to Sections 27 and 30, Block E for the

4-20     northeast corner of this tract; Thence south 02 23' west, a

4-21     distance of 5208.1 feet to a point for the southeast corner of this

4-22     tract which bears west, a distance of 1835.5 feet form the

4-23     southeast corner of Section 30; Thence north 88 55' west, along an

4-24     east-west fence on the south line of Section 30, a distance of 1855

4-25     feet to a point for the southwest corner of this tract; Thence

4-26     north 43 16' west, a distance of 21.5 feet to a 1/2" iron rod, set

4-27     for a corner of this tract, which bears north, a distance of 15

4-28     feet from an east-west fence; Thence north 02 23' east, a distance

4-29     of 5203.4 feet to a 1/2" iron rod for the northwest corner of this

4-30     tract which bears east, a distance of 1590 feet from the northwest

4-31     corner of Section 30; Thence south 88 35' east, along the north

4-32     line of Section 30, a distance of 1870 feet to the point of

4-33     beginning, containing an area of 223.80 acres, more or less, and

4-34     all easements appurtenant thereto, together with any improvements

4-35     and personal property related therein.

4-36                 (7)  SEVENTH TRACT (Terry County Auxiliary Air Field).

4-37     A parcel of land situated in Section 33, Block E, E. L. & R. R.

4-38     R.R. Co. Survey, County of Terry, State of Texas, being more

4-39     particularly described as follows:  Beginning at a point under a

4-40     fence along the north line of Section 33 that bears west, a

4-41     distance of 1835.5 feet form a 2" iron pipe marking the northeast

4-42     corner of Section 33; Thence south 02 23' west, a distance of 400

4-43     feet to a 1/2" reinforcing rod for the southeast corner of this

4-44     tract; Thence north 88 55' west, along a line parallel to and 400

4-45     feet south of an east-west fence along the north line of Section

4-46     33, a distance of 1455 feet to a 1/2" iron rod for the southwest

4-47     corner of this tract; Thence north 43 16' west. a distance of 558.7

4-48     feet to a point for the northwest corner of this tract; Thence

4-49     south 88 55' east, with an east-west fence along the north line of

4-50     Section 33, a distance of 1855 feet to the northeast corner of this

4-51     tract and the point of beginning, containing an area of 15.20

4-52     acres, more or less, and all easements appurtenant thereto,

4-53     together with any improvements and personal property related

4-54     therein.

4-55                 (8)  EIGHTH TRACT (Terry County Auxiliary Air Field).

4-56     A parcel of land situated in Section 33, Block E, E.L. & R.R.

4-57     Railroad Co., Survey, County of Terry, State of Texas, being more

4-58     particularly described as follows:  Beginning at a point that bears

4-59     west, a distance of 1835.5 feet and south 02 23' west, a distance

4-60     of 400 feet from the northeast corner of Section 33, Block E, E.L.

4-61     & R.R. Railroad Co., Survey; thence south 02 23' west, a distance

4-62     of 1500 feet; thence north 88 55' west, parallel to the north line

4-63     of Section 33, a distance of 1870 feet; thence north 02 23' east, a

4-64     distance of 1890.55 feet; thence south 88 55' east, a distance of

4-65     15.34 feet; thence south 43 16' east, a distance of 558.70 feet;

4-66     thence south 88 55' east, a distance of 1455.14 feet to the point

4-67     of beginning, containing 66.34 acres, more or less, and all

4-68     easements appurtenant thereto, together with any improvements and

4-69     personal property related therein.

 5-1           SECTION 2.  If any word, phrase, clause, paragraph, sentence,

 5-2     part, portion, or provision of this Act or the application thereof

 5-3     to any persons or circumstances shall be held to be invalid or

 5-4     unconstitutional, the remainder of this Act shall nevertheless be

 5-5     valid and the legislature declares that this Act would have been

 5-6     enacted without such invalid or unconstitutional word, phrase,

 5-7     clause, paragraph, sentence, part, portion, or provision.

 5-8           SECTION 3.  The importance of this legislation and the

 5-9     crowded condition of the calendars in both houses create an

5-10     emergency and an imperative public necessity that the

5-11     constitutional rule requiring bills to be read on three several

5-12     days in each house be suspended, and this rule is hereby suspended,

5-13     and that this Act take effect and be in force from and after its

5-14     passage, and it is so enacted.

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