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.