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