1-1     By:  Ratliff                                          S.B. No. 1930

 1-2           (In the Senate - Filed April 16, 1997; April 18, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 30, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 10, Nays 0;

 1-6     April 30, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1930                   By:  Lucio

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the creation of the Red River Redevelopment Authority;

1-11     granting the power of eminent domain and the authority to issue

1-12     bonds; authorizing a tax.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  DEFINITIONS.  In this Act:

1-15                 (1)  "Authority" means the Red River Redevelopment

1-16     Authority.

1-17                 (2)  "Board" means the board of directors of the

1-18     authority.

1-19                 (3)  "County" means the County of Bowie, Texas.

1-20                 (4)  "Cities" means the cities of Texarkana, New

1-21     Boston, Hooks, Nash, Wake Village, Leary, Redwater, Maud, and

1-22     DeKalb, Texas.

1-23                 (5)  "Property" means land, improvements, and personal

1-24     property described in Section 4 of this Act.

1-25                 (6)  "Eligible project" means a project necessary or

1-26     incidental to the industrial, commercial, or business development,

1-27     redevelopment, maintenance, and expansion of new and existing

1-28     businesses on the property now known, or formerly known, as Red

1-29     River Army Depot in Bowie County, Texas, described in Section 4 of

1-30     this Act, including the acquisition, construction, operation,

1-31     maintenance, or enhancement of:

1-32                       (A)  roads, bridges, and rights of way;

1-33                       (B)  housing;

1-34                       (C)  real and personal property;

1-35                       (D)  police, fire, medical, cultural,

1-36     educational, and research services, equipment, institutions, and

1-37     resources;

1-38                       (E)  other community support services;

1-39                       (F)  flood control, water, wastewater treatment,

1-40     and other utility facilities; and

1-41                       (G)  other infrastructure improvements.

1-42           SECTION 2.  ESTABLISHMENT.  The authority is hereby

1-43     established as an authority of the State of Texas with boundaries

1-44     coterminous with the boundaries of the real property described in

1-45     Section 4 of this Act, on adoption of resolutions by both the

1-46     cities and the county authorizing the authority's establishment and

1-47     each appointing members to the board as outlined in Section 3 of

1-48     this Act.

1-49           SECTION 3.  BOARD.  (a)  The board consists of 15 members and

1-50     is responsible for the management, operation, and control of the

1-51     authority.

1-52           (b)  The board is composed of the following members:

1-53                 (1)  two members appointed by the county judge of the

1-54     county;

1-55                 (2)  one member appointed by the commissioners court of

1-56     the county;

1-57                 (3)  three members appointed by the mayor of Texarkana,

1-58     Texas;

1-59                 (4)  one member appointed by the mayor of New Boston,

1-60     Texas;

1-61                 (5)  one member appointed by the mayor of Hooks, Texas;

1-62                 (6)  one member appointed by the mayor of Nash, Texas;

1-63                 (7)  one member appointed by the mayor of Wake Village,

1-64     Texas;

 2-1                 (8)  one member appointed by the mayor of Leary, Texas;

 2-2                 (9)  one member appointed by the mayor of Redwater,

 2-3     Texas;

 2-4                 (10)  one member appointed by the mayor of Maud, Texas;

 2-5                 (11)  one member appointed by the mayor of DeKalb,

 2-6     Texas; and

 2-7                 (12)  one at-large member elected by the appointed

 2-8     members.

 2-9           (c)  A vacancy on the board is filled in the same manner as

2-10     the original appointment.  Each board member serves for a term of

2-11     two years.  Each board member who is also an elected official

2-12     serves for a term coinciding with the elected office term.

2-13           (d)  The board shall elect from its membership a person to

2-14     serve as president and a person to serve as vice president.  The

2-15     vice president shall preside in the absence of the president.

2-16           (e)  A majority of the members of the board shall constitute

2-17     a quorum for the transaction of business.

2-18           (f)  The board shall adopt rules to govern its proceedings

2-19     and may employ and compensate persons to carry out the powers and

2-20     duties of the authority.

2-21           (g)  A board member may be recalled at any time by the

2-22     appointing official.

2-23           SECTION 4.  PURPOSE.  The authority is created to:

2-24                 (1)  accept title from the United States to all or any

2-25     portion of the excess personal and real property situated within

2-26     Red River Army Depot, being legally described by the United States

2-27     Army Corps of Engineers, Fort Worth District, now or in the future

2-28     life of the authority;

2-29                 (2)  promote the location and development of new

2-30     businesses and industries on that property described in Subdivision

2-31     (1) of this section; and

2-32                 (3)  undertake eligible projects.

2-33           SECTION 5.  POWERS AND DUTIES OF THE AUTHORITY.  The

2-34     authority created under this Act is hereby granted, has, and may

2-35     exercise all powers necessary or appropriate to carry out, achieve,

2-36     or effectuate the purpose of this Act, including, without

2-37     limitation, the following powers:

2-38                 (1)  to sue and be sued, and plead and be impleaded, in

2-39     its own name;

2-40                 (2)  to adopt an official seal and alter same when

2-41     deemed advisable and to adopt and enforce bylaws, rules, and

2-42     regulations for the conduct of its affairs, not inconsistent with

2-43     the provisions of this Act;

2-44                 (3)  to acquire, hold, own, and dispose of its

2-45     revenues, income, receipts, funds, and money from every source and

2-46     to select its depository or depositories;

2-47                 (4)  to acquire, own, rent, lease, accept, hold, or

2-48     dispose of any real, personal, or mixed property comprising the

2-49     property, or any interest therein, in performing its duties and

2-50     exercising its powers under this Act, by purchase, exchange, gift,

2-51     assignment, condemnation, sale, lease, or otherwise, including

2-52     rights or easements, and to hold, manage, operate, or improve the

2-53     property;

2-54                 (5)  to sell, assign, lease, encumber, mortgage, or

2-55     otherwise dispose of any real, personal, or mixed property

2-56     comprising the property, or any interest therein, and release or

2-57     relinquish any right, title, claim, lien, interest, easement, or

2-58     demand however acquired, and to do any of the foregoing by public

2-59     or private sale, with or without public bidding, notwithstanding

2-60     the provisions of any other law, and to lease or rent any lands

2-61     within the property and buildings, structures, or facilities

2-62     located on the property from or to any person, firm, corporation,

2-63     city, or other public agency or political subdivision to effectuate

2-64     the purposes of this Act;

2-65                 (6)  to request and to accept any appropriations,

2-66     grants, allocations, subsidies, guaranties, aid, contributions,

2-67     services, labor, materials, gifts, or donations from the federal

2-68     government, the state, any city, public agency, or political

2-69     subdivision, or any other sources;

 3-1                 (7)  to operate and maintain an office and to appoint

 3-2     and determine the duties, tenure, qualifications, and compensation

 3-3     of such officers, employees, agents, professional advisors and

 3-4     counselors, including, without limitation, financial consultants,

 3-5     accountants, attorneys, architects, engineers, appraisers, and

 3-6     financing experts, as are deemed necessary or advisable by the

 3-7     board;

 3-8                 (8)  to borrow money;

 3-9                 (9)  to fix and revise from time to time and charge and

3-10     collect rents, rates, fees, and charges for its facilities and

3-11     services;

3-12                 (10)  to exercise those powers granted to

3-13     municipalities in Chapters 373 and 380, Local Government Code, for

3-14     the development of housing and expansion of economic development

3-15     and commercial activity;

3-16                 (11)  to exercise those powers granted to general law

3-17     districts in Chapter 49, Water Code, and to municipal utility

3-18     districts in Chapter 54, Water Code;

3-19                 (12)  to exercise those powers granted to road utility

3-20     districts in Chapter 441, Transportation Code; and

3-21                 (13)  to exercise those powers granted to

3-22     municipalities and counties in Subchapter C, Chapter 271, Local

3-23     Government Code.

3-24           SECTION 6.  EXEMPTION FROM TAXATION.  The properties,

3-25     revenues, and income of the authority are exempt from all taxes

3-26     levied by the state or a political subdivision of the state.

3-27           SECTION 7.  DISSOLUTION.  The authority may be dissolved by

3-28     the board on approval of the cities and county after all debts or

3-29     obligations have been duly satisfied or retired with such assets of

3-30     the authority to be conveyed or transferred to the county.  It is

3-31     the intention of the legislature that the authority be dissolved

3-32     after conveyance and sale of all of the property with the approval

3-33     of the cities and county governing bodies.

3-34           SECTION 8.  SUCCESSOR.  The authority is the successor in

3-35     interest to the Red River Local Redevelopment Authority, a planning

3-36     authority organized under the county and recognized by the United

3-37     States Department of the Army, and shall succeed to all rights and

3-38     liabilities of the Red River Local Redevelopment Authority.

3-39           SECTION 9.  SEVERABILITY.  If any word, phrase, clause,

3-40     paragraph, sentence, part, portion, or provision of this Act or the

3-41     application thereof to any persons or circumstances shall be held

3-42     to be invalid or unconstitutional, the remainder of this Act shall

3-43     nevertheless be valid and the legislature hereby declares that this

3-44     Act would have been enacted without such invalid or

3-45     unconstitutional word, phrase, clause, paragraph, sentence, part,

3-46     portion, or provision.

3-47           SECTION 10.  EMERGENCY.  The importance of this legislation

3-48     and the crowded condition of the calendars in both houses create an

3-49     emergency and an imperative public necessity that the

3-50     constitutional rule requiring bills to be read on three several

3-51     days in each house be suspended, and this rule is hereby suspended,

3-52     and that this Act take effect and be in force from and after its

3-53     passage, and it is so enacted.

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