75R15118 E
By Ratliff S.B. No. 1930
Substitute the following for S.B. No. 1930:
By Lewis of Tarrant C.S.S.B. No. 1930
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Red River Redevelopment Authority;
1-3 granting the authority to issue 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;
1-24 (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;
2-26 (4) one member appointed by the mayor of New Boston,
2-27 Texas;
3-1 (5) one member appointed by the mayor of Hooks, Texas;
3-2 (6) one member appointed by the mayor of Nash, Texas;
3-3 (7) one member appointed by the mayor of Wake Village,
3-4 Texas;
3-5 (8) one member appointed by the mayor of Leary, Texas;
3-6 (9) one member appointed by the mayor of Redwater,
3-7 Texas;
3-8 (10) one member appointed by the mayor of Maud, Texas;
3-9 (11) one member appointed by the mayor of DeKalb,
3-10 Texas; and
3-11 (12) one at-large member elected by the appointed
3-12 members.
3-13 (c) A vacancy on the board is filled in the same manner as
3-14 the original appointment. Each board member serves for a term of
3-15 two years. Each board member who is also an elected official
3-16 serves for a term coinciding with the elected office term.
3-17 (d) The board shall elect from its membership a person to
3-18 serve as president and a person to serve as vice president. The
3-19 vice president shall preside in the absence of the president.
3-20 (e) A majority of the members of the board shall constitute
3-21 a quorum for the transaction of business.
3-22 (f) The board shall adopt rules to govern its proceedings
3-23 and may employ and compensate persons to carry out the powers and
3-24 duties of the authority.
3-25 (g) A board member may be recalled at any time by the
3-26 appointing official.
3-27 SECTION 4. PURPOSE. The authority is created to:
4-1 (1) accept title on approval by and in coordination
4-2 with the governor from the United States to all or any portion of
4-3 the excess personal and real property situated within Red River
4-4 Army Depot, being legally described by the United States Army Corps
4-5 of Engineers, Fort Worth District, now or in the future life of the
4-6 authority;
4-7 (2) promote the location and development of new
4-8 businesses and industries on that property described in Subdivision
4-9 (1) of this section; and
4-10 (3) undertake eligible projects.
4-11 SECTION 5. POWERS AND DUTIES OF THE AUTHORITY. (a) Except
4-12 as provided by Subsection (b) of this section, the authority
4-13 created under this Act is hereby granted, has, and may exercise on
4-14 approval by and in coordination with the governor all powers
4-15 necessary or appropriate to carry out, achieve, or effectuate the
4-16 purpose of this Act, including, without limitation, the following
4-17 powers:
4-18 (1) to sue and be sued, and plead and be impleaded, in
4-19 its own name;
4-20 (2) to adopt an official seal and alter same when
4-21 deemed advisable and to adopt and enforce bylaws, rules, and
4-22 regulations for the conduct of its affairs, not inconsistent with
4-23 the provisions of this Act;
4-24 (3) to acquire, hold, own, and dispose of its
4-25 revenues, income, receipts, funds, and money from every source and
4-26 to select its depository or depositories;
4-27 (4) to acquire, own, rent, lease, accept, hold, or
5-1 dispose of any real, personal, or mixed property comprising the
5-2 property, or any interest therein, in performing its duties and
5-3 exercising its powers under this Act, by purchase, exchange, gift,
5-4 assignment, condemnation, sale, lease, or otherwise, including
5-5 rights or easements, and to hold, manage, operate, or improve the
5-6 property;
5-7 (5) to sell, assign, lease, encumber, mortgage, or
5-8 otherwise dispose of any real, personal, or mixed property
5-9 comprising the property, or any interest therein, and release or
5-10 relinquish any right, title, claim, lien, interest, easement, or
5-11 demand however acquired, and to do any of the foregoing by public
5-12 or private sale, with or without public bidding, notwithstanding
5-13 the provisions of any other law, and to lease or rent any lands
5-14 within the property and buildings, structures, or facilities
5-15 located on the property from or to any person, firm, corporation,
5-16 city, or other public agency or political subdivision to effectuate
5-17 the purposes of this Act;
5-18 (6) to request and to accept any appropriations,
5-19 grants, allocations, subsidies, guaranties, aid, contributions,
5-20 services, labor, materials, gifts, or donations from the federal
5-21 government, the state, any city, public agency, or political
5-22 subdivision, or any other sources;
5-23 (7) to operate and maintain an office and to appoint
5-24 and determine the duties, tenure, qualifications, and compensation
5-25 of such officers, employees, agents, professional advisors and
5-26 counselors, including, without limitation, financial consultants,
5-27 accountants, attorneys, architects, engineers, appraisers, and
6-1 financing experts, as are deemed necessary or advisable by the
6-2 board;
6-3 (8) to borrow money;
6-4 (9) to fix and revise from time to time and charge and
6-5 collect rents, rates, fees, and charges for its facilities and
6-6 services;
6-7 (10) to exercise those powers granted to
6-8 municipalities in Chapters 373 and 380, Local Government Code, for
6-9 the development of housing and expansion of economic development
6-10 and commercial activity;
6-11 (11) to exercise those powers granted to general law
6-12 districts in Chapter 49, Water Code, and to municipal utility
6-13 districts in Chapter 54, Water Code;
6-14 (12) to exercise those powers granted to road utility
6-15 districts in Chapter 441, Transportation Code; and
6-16 (13) to exercise those powers granted to
6-17 municipalities and counties in Subchapter C, Chapter 271, Local
6-18 Government Code.
6-19 (b) The authority created by this Act does not have and may
6-20 not use the power of eminent domain.
6-21 SECTION 6. EXEMPTION FROM TAXATION. The properties,
6-22 revenues, and income of the authority are exempt from all taxes
6-23 levied by the state or a political subdivision of the state.
6-24 SECTION 7. DISSOLUTION. The authority may be dissolved by
6-25 the board on approval of the cities and county after all debts or
6-26 obligations have been duly satisfied or retired with such assets of
6-27 the authority to be conveyed or transferred to the county. It is
7-1 the intention of the legislature that the authority be dissolved
7-2 after conveyance and sale of all of the property with the approval
7-3 of the cities and county governing bodies.
7-4 SECTION 8. SUCCESSOR. The authority is the successor in
7-5 interest to the Red River Local Redevelopment Authority, a planning
7-6 authority organized under the county and recognized by the United
7-7 States Department of the Army, and shall succeed to all rights and
7-8 liabilities of the Red River Local Redevelopment Authority.
7-9 SECTION 9. SEVERABILITY. If any word, phrase, clause,
7-10 paragraph, sentence, part, portion, or provision of this Act or the
7-11 application thereof to any persons or circumstances shall be held
7-12 to be invalid or unconstitutional, the remainder of this Act shall
7-13 nevertheless be valid and the legislature hereby declares that this
7-14 Act would have been enacted without such invalid or
7-15 unconstitutional word, phrase, clause, paragraph, sentence, part,
7-16 portion, or provision.
7-17 SECTION 10. EMERGENCY. The importance of this legislation
7-18 and the crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended,
7-22 and that this Act take effect and be in force from and after its
7-23 passage, and it is so enacted.