AN ACT

 1-1     relating to the creation of the Red River Redevelopment Authority;

 1-2     granting the authority to issue bonds; authorizing a tax.

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

 1-4           SECTION 1.  DEFINITIONS.  In this Act:

 1-5                 (1)  "Authority" means the Red River 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 Bowie, Texas.

1-10                 (4)  "Cities" means the cities of Texarkana, New

1-11     Boston, Hooks, Nash, Wake Village, Leary, Redwater, Maud, and

1-12     DeKalb, Texas.

1-13                 (5)  "Property" means land, improvements, and personal

1-14     property described in Section 4 of this Act.

1-15                 (6)  "Eligible project" means a project necessary or

1-16     incidental to the industrial, commercial, or business development,

1-17     redevelopment, maintenance, and expansion of new and existing

1-18     businesses on the property now known, or formerly known, as Red

1-19     River Army Depot in Bowie County, Texas, described in Section 4 of

1-20     this Act, including the acquisition, construction, operation,

1-21     maintenance, or enhancement of:

1-22                       (A)  roads, bridges, and rights-of-way;

1-23                       (B)  housing;

 2-1                       (C)  real and personal property;

 2-2                       (D)  police, fire, medical, cultural,

 2-3     educational, and research services, equipment, institutions, and

 2-4     resources;

 2-5                       (E)  other community support services;

 2-6                       (F)  flood control, water, wastewater treatment,

 2-7     and other utility facilities; and

 2-8                       (G)  other infrastructure improvements.

 2-9           SECTION 2.  ESTABLISHMENT.  The authority is hereby

2-10     established as an authority of the State of Texas with boundaries

2-11     coterminous with the boundaries of the real property described in

2-12     Section 4 of this Act, on adoption of resolutions by both the

2-13     cities and the county authorizing the authority's establishment and

2-14     each appointing members to the board as outlined in Section 3 of

2-15     this Act.

2-16           SECTION 3.  BOARD.  (a)  The board consists of 15 members and

2-17     is responsible for the management, operation, and control of the

2-18     authority.

2-19           (b)  The board is composed of the following members:

2-20                 (1)  two members appointed by the county judge of the

2-21     county;

2-22                 (2)  one member appointed by the commissioners court of

2-23     the county;

2-24                 (3)  three members appointed by the mayor of Texarkana,

2-25     Texas;

 3-1                 (4)  one member appointed by the mayor of New Boston,

 3-2     Texas;

 3-3                 (5)  one member appointed by the mayor of Hooks, Texas;

 3-4                 (6)  one member appointed by the mayor of Nash, Texas;

 3-5                 (7)  one member appointed by the mayor of Wake Village,

 3-6     Texas;

 3-7                 (8)  one member appointed by the mayor of Leary, Texas;

 3-8                 (9)  one member appointed by the mayor of Redwater,

 3-9     Texas;

3-10                 (10)  one member appointed by the mayor of Maud, Texas;

3-11                 (11)  one member appointed by the mayor of DeKalb,

3-12     Texas; and

3-13                 (12)  one at-large member elected by the appointed

3-14     members.

3-15           (c)  A vacancy on the board is filled in the same manner as

3-16     the original appointment.  Each board member serves for a term of

3-17     two years.  Each board member who is also an elected official

3-18     serves for a term coinciding with the elected office term.

3-19           (d)  The board shall elect from its membership a person to

3-20     serve as president and a person to serve as vice president.  The

3-21     vice president shall preside in the absence of the president.

3-22           (e)  A majority of the members of the board shall constitute

3-23     a quorum for the transaction of business.

3-24           (f)  The board shall adopt rules to govern its proceedings

3-25     and may employ and compensate persons to carry out the powers and

 4-1     duties of the authority.

 4-2           (g)  A board member may be recalled at any time by the

 4-3     appointing official.

 4-4           SECTION 4.  PURPOSE.  The authority is created to:

 4-5                 (1)  accept title on approval by and in coordination

 4-6     with the governor from the United States to all or any portion of

 4-7     the excess personal and real property situated within Red River

 4-8     Army Depot, being legally described by the United States Army Corps

 4-9     of Engineers, Fort Worth District, now or in the future life of the

4-10     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.  (a)  Except

4-16     as provided by Subsection (b) of this section, the authority

4-17     created under this Act is hereby granted, has, and may exercise on

4-18     approval by and in coordination with the governor all powers

4-19     necessary or appropriate to carry out, achieve, or effectuate the

4-20     purpose of this Act, including, without limitation, the following

4-21     powers:

4-22                 (1)  to sue and be sued, and plead and be impleaded, in

4-23     its own name;

4-24                 (2)  to adopt an official seal and alter same when

4-25     deemed advisable and to adopt and enforce bylaws, rules, and

 5-1     regulations for the conduct of its affairs, not inconsistent with

 5-2     the provisions of this Act;

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

 5-4     revenues, income, receipts, funds, and money from every source and

 5-5     to select its depository or depositories;

 5-6                 (4)  to acquire, own, rent, lease, accept, hold, or

 5-7     dispose of any real, personal, or mixed property comprising the

 5-8     property, or any interest therein, in performing its duties and

 5-9     exercising its powers under this Act, by purchase, exchange, gift,

5-10     assignment, condemnation, sale, lease, or otherwise, including

5-11     rights or easements, and to hold, manage, operate, or improve the

5-12     property;

5-13                 (5)  to sell, assign, lease, encumber, mortgage, or

5-14     otherwise dispose of any real, personal, or mixed property

5-15     comprising the property, or any interest therein, and release or

5-16     relinquish any right, title, claim, lien, interest, easement, or

5-17     demand however acquired, and to do any of the foregoing by public

5-18     or private sale, with or without public bidding, notwithstanding

5-19     the provisions of any other law, and to lease or rent any lands

5-20     within the property and buildings, structures, or facilities

5-21     located on the property from or to any person, firm, corporation,

5-22     city, or other public agency or political subdivision to effectuate

5-23     the purposes of this Act;

5-24                 (6)  to request and to accept any appropriations,

5-25     grants, allocations, subsidies, guaranties, aid, contributions,

 6-1     services, labor, materials, gifts, or donations from the federal

 6-2     government, the state, any city, public agency, or political

 6-3     subdivision, or any other sources;

 6-4                 (7)  to operate and maintain an office and to appoint

 6-5     and determine the duties, tenure, qualifications, and compensation

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

 6-7     counselors, including, without limitation, financial consultants,

 6-8     accountants, attorneys, architects, engineers, appraisers, and

 6-9     financing experts, as are deemed necessary or advisable by the

6-10     board;

6-11                 (8)  to borrow money;

6-12                 (9)  to fix and revise from time to time and charge and

6-13     collect rents, rates, fees, and charges for its facilities and

6-14     services;

6-15                 (10)  to exercise those powers granted to

6-16     municipalities in Chapters 373 and 380, Local Government Code, for

6-17     the development of housing and expansion of economic development

6-18     and commercial activity;

6-19                 (11)  to exercise those powers granted to general law

6-20     districts in Chapter 49, Water Code, and to municipal utility

6-21     districts in Chapter 54, Water Code;

6-22                 (12)  to exercise those powers granted to road utility

6-23     districts in Chapter 441, Transportation Code; and

6-24                 (13)  to exercise those powers granted to

6-25     municipalities and counties in Subchapter C, Chapter 271, Local

 7-1     Government Code.

 7-2           (b)  The authority created by this Act does not have and may

 7-3     not use the power of eminent domain.

 7-4           SECTION 6.  EXEMPTION FROM TAXATION.  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.  The authority may be dissolved by

 7-8     the board on approval of the cities and county after all debts or

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

7-10     the authority to be conveyed or transferred to the county.  It is

7-11     the intention of the legislature that the authority be dissolved

7-12     after conveyance and sale of all of the property with the approval

7-13     of the cities and county governing bodies.

7-14           SECTION 8.  SUCCESSOR.  The authority is the successor in

7-15     interest to the Red River Local Redevelopment Authority, a planning

7-16     authority organized under the county and recognized by the United

7-17     States Department of the Army, and shall succeed to all rights and

7-18     liabilities of the Red River Local Redevelopment Authority.

7-19           SECTION 9.  SEVERABILITY.  If any word, phrase, clause,

7-20     paragraph, sentence, part, portion, or provision of this Act or the

7-21     application thereof to any persons or circumstances shall be held

7-22     to be invalid or unconstitutional, the remainder of this Act shall

7-23     nevertheless be valid and the legislature hereby declares that this

7-24     Act would have been enacted without such invalid or

7-25     unconstitutional word, phrase, clause, paragraph, sentence, part,

 8-1     portion, or provision.

 8-2           SECTION 10.  EMERGENCY.  The importance of this legislation

 8-3     and the crowded condition of the calendars in both houses create an

 8-4     emergency and an imperative public necessity that the

 8-5     constitutional rule requiring bills to be read on three several

 8-6     days in each house be suspended, and this rule is hereby suspended,

 8-7     and that this Act take effect and be in force from and after its

 8-8     passage, and it is so enacted.

         _______________________________     _______________________________

            President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1930 passed the Senate on

         May 8, 1997, by the following vote:  Yeas 30, Nays 0; and that the

         Senate concurred in House amendment on May 22, 1997, by the

         following vote:  Yeas 30, Nays 0.

                                            _______________________________

                                                Secretary of the Senate

               I hereby certify that S.B. No. 1930 passed the House, with

         amendment, on May 21, 1997, by the following vote:  Yeas 145,

         Nays 0, two present not voting.

                                            _______________________________

                                                Chief Clerk of the House

         Approved:

         _______________________________

                    Date

         _______________________________

                  Governor