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. 3-54 * * * * *