By: Ratliff S.B. No. 1930 A BILL TO BE ENTITLED AN ACT 1-1 relating to the creation of the Red River Redevelopment Authority; 1-2 granting the power of eminent domain and the authority to issue 1-3 bonds; authorizing a tax. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Authority" means the Red River Redevelopment 1-7 Authority. 1-8 (2) "Board" means the board of directors of the 1-9 authority. 1-10 (3) "County" means the County of Bowie, Texas. 1-11 (4) "Cities" means the cities of Texarkana, New 1-12 Boston, Hooks, Nash, Wake Village, Leary, Redwater, Maud, and 1-13 DeKalb, Texas. 1-14 (5) "Property" means land, improvements, and personal 1-15 property described in Section 4 of this Act. 1-16 (6) "Eligible project" means a project necessary or 1-17 incidental to the industrial, commercial, or business development, 1-18 redevelopment, maintenance, and expansion of new and existing 1-19 businesses on the property now known, or formerly known, as Red 1-20 River Army Depot in Bowie County, Texas, described in Section 4 of 1-21 this Act, including the acquisition, construction, operation, 1-22 maintenance, or enhancement of: 1-23 (A) roads, bridges, and rights-of-way; 2-1 (B) housing; 2-2 (C) real and personal property; 2-3 (D) police, fire, medical, cultural, 2-4 educational, and research services, equipment, institutions, and 2-5 resources; 2-6 (E) other community support services; 2-7 (F) flood control, water, wastewater treatment, 2-8 and other utility facilities; and 2-9 (G) other infrastructure improvements. 2-10 SECTION 2. ESTABLISHMENT. The authority is hereby 2-11 established as an authority of the State of Texas with boundaries 2-12 coterminous with the boundaries of the real property described in 2-13 Section 4 of this Act, on adoption of resolutions by both the 2-14 cities and the county authorizing the authority's establishment and 2-15 each appointing members to the board as outlined in Section 3 of 2-16 this Act. 2-17 SECTION 3. BOARD. (a) The board consists of 15 members and 2-18 is responsible for the management, operation, and control of the 2-19 authority. 2-20 (b) The board is composed of the following members: 2-21 (1) two members appointed by the county judge of the 2-22 county; 2-23 (2) one member appointed by the commissioners court of 2-24 the county; 2-25 (3) three members appointed by the mayor of Texarkana, 3-1 Texas; 3-2 (4) one member appointed by the mayor of New Boston, 3-3 Texas; 3-4 (5) one member appointed by the mayor of Hooks, Texas; 3-5 (6) one member appointed by the mayor of Nash, Texas; 3-6 (7) one member appointed by the mayor of Wake Village, 3-7 Texas; 3-8 (8) one member appointed by the mayor of Leary, Texas; 3-9 (9) one member appointed by the mayor of Redwater, 3-10 Texas; 3-11 (10) one member appointed by the mayor of Maud, Texas; 3-12 (11) one member appointed by the mayor of DeKalb, 3-13 Texas; and 3-14 (12) one at-large member elected by the appointed 3-15 members. 3-16 (c) A vacancy on the board is filled in the same manner as 3-17 the original appointment. Each board member serves for a term of 3-18 two years. Each board member who is also an elected official 3-19 serves for a term coinciding with the elected office term. 3-20 (d) The board shall elect from its membership a person to 3-21 serve as president and a person to serve as vice president. The 3-22 vice president shall preside in the absence of the president. 3-23 (e) A majority of the members of the board shall constitute 3-24 a quorum for the transaction of business. 3-25 (f) The board shall adopt rules to govern its proceedings 4-1 and may employ and compensate persons to carry out the powers and 4-2 duties of the authority. 4-3 (g) A board member may be recalled at any time by the 4-4 appointing official. 4-5 SECTION 4. PURPOSE. The authority is created to: 4-6 (1) accept title from the United States to all or any 4-7 portion of the excess personal and real property situated within 4-8 Red River Army Depot, being legally described by the United States 4-9 Army Corps of Engineers, Fort Worth District, now or in the future 4-10 life of the authority; 4-11 (2) promote the location and development of new 4-12 businesses and industries on that property described in Subdivision 4-13 (1) of this section; and 4-14 (3) undertake eligible projects. 4-15 SECTION 5. POWERS AND DUTIES OF THE AUTHORITY. The 4-16 authority created under this Act is hereby granted, has, and may 4-17 exercise all powers necessary or appropriate to carry out, achieve, 4-18 or effectuate the purpose of this Act, including, without 4-19 limitation, the following powers: 4-20 (1) to sue and be sued, and plead and be impleaded, in 4-21 its own name; 4-22 (2) to adopt an official seal and alter same when 4-23 deemed advisable and to adopt and enforce bylaws, rules, and 4-24 regulations for the conduct of its affairs, not inconsistent with 4-25 the provisions of this Act; 5-1 (3) to acquire, hold, own, and dispose of its 5-2 revenues, income, receipts, funds, and money from every source and 5-3 to select its depository or depositories; 5-4 (4) to acquire, own, rent, lease, accept, hold, or 5-5 dispose of any real, personal, or mixed property comprising the 5-6 property, or any interest therein, in performing its duties and 5-7 exercising its powers under this Act, by purchase, exchange, gift, 5-8 assignment, condemnation, sale, lease, or otherwise, including 5-9 rights or easements, and to hold, manage, operate, or improve the 5-10 property; 5-11 (5) to sell, assign, lease, encumber, mortgage, or 5-12 otherwise dispose of any real, personal, or mixed property 5-13 comprising the property, or any interest therein, and release or 5-14 relinquish any right, title, claim, lien, interest, easement, or 5-15 demand however acquired, and to do any of the foregoing by public 5-16 or private sale, with or without public bidding, notwithstanding 5-17 the provisions of any other law, and to lease or rent any lands 5-18 within the property and buildings, structures, or facilities 5-19 located on the property from or to any person, firm, corporation, 5-20 city, or other public agency or political subdivision to effectuate 5-21 the purposes of this Act; 5-22 (6) to request and to accept any appropriations, 5-23 grants, allocations, subsidies, guaranties, aid, contributions, 5-24 services, labor, materials, gifts, or donations from the federal 5-25 government, the state, any city, public agency, or political 6-1 subdivision, or any other sources; 6-2 (7) to operate and maintain an office and to appoint 6-3 and determine the duties, tenure, qualifications, and compensation 6-4 of such officers, employees, agents, professional advisors and 6-5 counselors, including, without limitation, financial consultants, 6-6 accountants, attorneys, architects, engineers, appraisers, and 6-7 financing experts, as are deemed necessary or advisable by the 6-8 board; 6-9 (8) to borrow money; 6-10 (9) to fix and revise from time to time and charge and 6-11 collect rents, rates, fees, and charges for its facilities and 6-12 services; 6-13 (10) to exercise those powers granted to 6-14 municipalities in Chapters 373 and 380, Local Government Code, for 6-15 the development of housing and expansion of economic development 6-16 and commercial activity; 6-17 (11) to exercise those powers granted to general law 6-18 districts in Chapter 49, Water Code, and to municipal utility 6-19 districts in Chapter 54, Water Code; 6-20 (12) to exercise those powers granted to road utility 6-21 districts in Chapter 441, Transportation Code; and 6-22 (13) to exercise those powers granted to 6-23 municipalities and counties in Subchapter C, Chapter 271, Local 6-24 Government Code. 6-25 SECTION 6. EXEMPTION FROM TAXATION. The properties, 7-1 revenues, and income of the authority are exempt from all taxes 7-2 levied by the state or a political subdivision of the state. 7-3 SECTION 7. DISSOLUTION. The authority may be dissolved by 7-4 the board on approval of the cities and county after all debts or 7-5 obligations have been duly satisfied or retired with such assets of 7-6 the authority to be conveyed or transferred to the county. It is 7-7 the intention of the legislature that the authority be dissolved 7-8 after conveyance and sale of all of the property with the approval 7-9 of the cities and county governing bodies. 7-10 SECTION 8. SUCCESSOR. The authority is the successor in 7-11 interest to the Red River Local Redevelopment Authority, a planning 7-12 authority organized under the county and recognized by the United 7-13 States Department of the Army, and shall succeed to all rights and 7-14 liabilities of the Red River Local Redevelopment Authority. 7-15 SECTION 9. SEVERABILITY. If any word, phrase, clause, 7-16 paragraph, sentence, part, portion, or provision of this Act or the 7-17 application thereof to any persons or circumstances shall be held 7-18 to be invalid or unconstitutional, the remainder of this Act shall 7-19 nevertheless be valid and the legislature hereby declares that this 7-20 Act would have been enacted without such invalid or 7-21 unconstitutional word, phrase, clause, paragraph, sentence, part, 7-22 portion, or provision. 7-23 SECTION 10. EMERGENCY. The importance of this legislation 7-24 and the crowded condition of the calendars in both houses create an 7-25 emergency and an imperative public necessity that the 8-1 constitutional rule requiring bills to be read on three several 8-2 days in each house be suspended, and this rule is hereby suspended, 8-3 and that this Act take effect and be in force from and after its 8-4 passage, and it is so enacted.