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.