By: Ratliff S.B. No. 1930
97S1174/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of the Red River Redevelopment Authority.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. DEFINITIONS. In this Act:
1-4 (1) "Authority" means the Red River Redevelopment
1-5 Authority.
1-6 (2) "Board" means the board of directors of the
1-7 authority.
1-8 (3) "County" means the County of Bowie, Texas.
1-9 (4) "Cities" means the cities of Texarkana, New
1-10 Boston, Hooks, Nash, Wake Village, Leary, Redwater, Maud, and
1-11 DeKalb, Texas.
1-12 (5) "Property" means land, improvements, and personal
1-13 property described in Section 4 of this Act.
1-14 SECTION 2. ESTABLISHMENT. The authority is hereby
1-15 established as an authority of the State of Texas with boundaries
1-16 coterminous with the boundaries of the real property described in
1-17 Section 4 of this Act, on adoption of resolutions by both the
1-18 cities and the county authorizing the authority's establishment and
1-19 each appointing members to the board as outlined in Section 3 of
1-20 this Act.
1-21 SECTION 3. BOARD. (a) The board consists of 15 members and
1-22 is responsible for the management, operation, and control of the
1-23 authority.
2-1 (b) The board is composed of the following members:
2-2 (1) two members appointed by the county judge of the
2-3 county;
2-4 (2) one member appointed by the commissioners court of
2-5 the county;
2-6 (3) three members appointed by the mayor of Texarkana,
2-7 Texas;
2-8 (4) one member appointed by the mayor of New Boston,
2-9 Texas;
2-10 (5) one member appointed by the mayor of Hooks, Texas;
2-11 (6) one member appointed by the mayor of Nash, Texas;
2-12 (7) one member appointed by the mayor of Wake Village,
2-13 Texas;
2-14 (8) one member appointed by the mayor of Leary, Texas;
2-15 (9) one member appointed by the mayor of Redwater,
2-16 Texas;
2-17 (10) one member appointed by the mayor of Maud, Texas;
2-18 (11) one member appointed by the mayor of DeKalb,
2-19 Texas; and
2-20 (12) one at-large member elected by the appointed
2-21 members.
2-22 (c) A vacancy on the board is filled in the same manner as
2-23 the original appointment. Each board member serves for a term of
2-24 two years. Each board member who is also an elected official
2-25 serves for a term coinciding with the elected office term.
3-1 (d) The board shall elect from its membership a person to
3-2 serve as president and a person to serve as vice president. The
3-3 vice president shall preside in the absence of the president.
3-4 (e) A majority of the members of the board shall constitute
3-5 a quorum for the transaction of business.
3-6 (f) The board shall adopt rules to govern its proceedings
3-7 and may employ and compensate persons to carry out the powers and
3-8 duties of the authority.
3-9 (g) A board member may be recalled at any time by the
3-10 appointing official.
3-11 SECTION 4. PURPOSE. The authority is created to accept
3-12 title from the Unites States to all or any portion of the excess
3-13 personal and real property situated within Red River Army Depot,
3-14 being legally described by the United States Army Corps of
3-15 Engineers, Fort Worth District, now or in the future life of the
3-16 authority.
3-17 SECTION 5. POWERS AND DUTIES OF THE AUTHORITY. The
3-18 authority created under this Act is hereby granted, has, and may
3-19 exercise all powers necessary or appropriate to carry out, achieve,
3-20 or effectuate the purpose of this Act, including, without
3-21 limitation, the following powers:
3-22 (1) to sue and be sued, and plead and be impleaded, in
3-23 its own name;
3-24 (2) to adopt an official seal and alter same when
3-25 deemed advisable and to adopt and enforce bylaws, rules, and
4-1 regulations for the conduct of its affairs, not inconsistent with
4-2 the provisions of this Act;
4-3 (3) to acquire, hold, own, and dispose of its
4-4 revenues, income, receipts, funds, and money from every source and
4-5 to select its depository or depositories;
4-6 (4) to acquire, own, rent, lease, accept, hold, or
4-7 dispose of any real, personal, or mixed property comprising the
4-8 property, or any interest therein, in performing its duties and
4-9 exercising its powers under this Act, by purchase, exchange, gift,
4-10 assignment, condemnation, sale, lease, or otherwise, including
4-11 rights or easements, and to hold, manage, operate, or improve the
4-12 property;
4-13 (5) to sell, assign, lease, encumber, mortgage, or
4-14 otherwise dispose of any real, personal, or mixed property
4-15 comprising the property, or any interest therein, and release or
4-16 relinquish any right, title, claim, lien, interest, easement, or
4-17 demand however acquired, and to do any of the foregoing by public
4-18 or private sale, with or without public bidding, notwithstanding
4-19 the provisions of any other law, and to lease or rent any lands
4-20 within the property and buildings, structures, or facilities
4-21 located on the property from or to any person, firm, corporation,
4-22 city, or other public agency or political subdivision to effectuate
4-23 the purposes of this Act;
4-24 (6) to request and to accept any appropriations,
4-25 grants, allocations, subsidies, guaranties, aid, contributions,
5-1 services, labor, materials, gifts, or donations from the federal
5-2 government, the state, any city, public agency, or political
5-3 subdivision, or any other sources;
5-4 (7) to operate and maintain an office and to appoint
5-5 and determine the duties, tenure, qualifications, and compensation
5-6 of such officers, employees, agents, professional advisors and
5-7 counselors, including, without limitation, financial consultants,
5-8 accountants, attorneys, architects, engineers, appraisers, and
5-9 financing experts, as are deemed necessary or advisable by the
5-10 board;
5-11 (8) to borrow money;
5-12 (9) to fix and revise from time to time and charge and
5-13 collect rents, rates, fees, and charges for its facilities and
5-14 services; and
5-15 (10) to exercise those powers also as granted to
5-16 municipalities in Chapters 373 and 380, Local Government Code, for
5-17 the development of housing and expansion of economic development
5-18 and commercial activity.
5-19 SECTION 6. EXEMPTION FROM TAXATION. The properties,
5-20 revenues, and income of the authority are exempt from all taxes
5-21 levied by the state or a political subdivision of the state.
5-22 SECTION 7. DISSOLUTION. The authority may be dissolved by
5-23 the board on approval of the cities and county after all debts or
5-24 obligations have been duly satisfied or retired with such assets of
5-25 the authority to be conveyed or transferred to the county. It is
6-1 the intention of the legislature that the authority be dissolved
6-2 after conveyance and sale of all of the property with the approval
6-3 of the cities and county governing bodies.
6-4 SECTION 8. SUCCESSOR. The authority is the successor in
6-5 interest to the Red River Local Redevelopment Authority, a planning
6-6 authority organized under the county and recognized by the United
6-7 States Department of the Army, and shall succeed to all rights and
6-8 liabilities of the Red River Local Redevelopment Authority.
6-9 SECTION 9. SEVERABILITY. If any word, phrase, clause,
6-10 paragraph, sentence, part, portion, or provision of this Act or the
6-11 application thereof to any persons or circumstances shall be held
6-12 to be invalid or unconstitutional, the remainder of this Act shall
6-13 nevertheless be valid and the legislature hereby declares that this
6-14 Act would have been enacted without such invalid or
6-15 unconstitutional word, phrase, clause, paragraph, sentence, part,
6-16 portion, or provision.
6-17 SECTION 10. EMERGENCY. The importance of this legislation
6-18 and the crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended,
6-22 and that this Act take effect and be in force from and after its
6-23 passage, and it is so enacted.