SRC-PNG H.B. 2614 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2614
76R10315 WP-DBy: Counts (Fraser)
Economic Development
5/9/1999
Engrossed


DIGEST 

Currently, Article 5190.6, V.T.C.S., allows a county or municipal
corporation to charter a development corporation.  There is no provision in
the statute to allow a group of counties to charter a development
corporation.  This bill would create a county alliance, with the same
powers, functions, and authorities as currently granted to an individual
county or municipality, to jointly authorize the creation of a development
corporation. 

PURPOSE

As proposed, H.B. 2614 creates a county alliance, with the same powers,
functions, and authorities as currently granted to an individual county or
municipality, to jointly authorize the creation of a development
corporation. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2, Article 5190.6, V.T.C.S., to define "county
alliance" and redesignate Subdivisions (8)-(14) as (9)-(15). 

SECTION 2. Amends Article 5190.6, V.T.C.S., by adding Section 4D, as
follows: 

Sec.  4D.  (a) Authorizes two or more counties that are adjacent or are in
close proximity, as determined by the governing bodies of the counties
involved, to create a county alliance to authorize the creation of a
development corporation (corporation).  Provides that the county alliance
is a single unit for the purposes of this Act.  Provides that the other
provisions of this Act apply to the county alliance and a corporation
authorized by the county alliance, except to the extent inconsistent with
this section or another provision of this Act that is expressly applicable
to the county alliance or corporation.   

(b) Provides that the board of directors (board) of a corporation consists
of members appointed by the commissioners court of each county in the
alliance.  Provides that the board consists of three members from each
county if the alliance includes 10 or fewer counties or two members from
each county if the alliance includes more than 10 counties.  Prohibits a
member of the board from serving more than six years and authorizes a
member to be removed at the will of the appointing county.  Provides that
the member serves without compensation but is entitled to reimbursement for
expenses incurred in the performance of the member's duties.   

(c) Authorizes a county to become a member of an established county
alliance that has authorized the creation of a corporation.  Sets forth the
procedure for a county to become a member of an established county
alliance.   

(d) Authorizes any net earnings to be distributed among the counties in the
alliance as a percentage of the per capita contributions made by each of
the counties, if the board determines that sufficient provisions have been
made to pay a county alliance corporation's  financial obligations. 

(e) Authorizes a county to leave a county alliance if all of the county's
obligations and entitlements in relation to the corporation have been
properly settled.  Prohibits the departing county from receiving any funds,
assets, or property of the corporation until the dissolution of the
corporation as provided by Subsection (f).  Provides that a county that
leaves the alliance is entitled to receive a distribution as provided by
Subsection (f) that is reduced by one percent for each year the corporation
operated without the county's membership in the alliance. 

(f) Requires any assets of the corporation remaining after all the
corporation's obligations have been met, on dissolution of a corporation
authorized by a county alliance, to be distributed among the counties in
the alliance as a percentage of the per capita contributions made by each
of the counties during the existence of the corporation subject to
Subsection (e). 

(g) Provides that a county alliance corporation is not required to dissolve
because a county leaves the alliance if at least two counties remain in the
alliance. 

SECTION 3. Amends Section 7(b), Article 5190.6, V.T.C.S., to require a
certificate of incorporation granted to a county alliance corporation and
the original of the articles of incorporation that is required to be
delivered to the governing body of the county alliance under whose auspices
the corporation was created to be delivered to the commissioners court of
any county in the county alliance.  Requires that county to provide
photocopies of the certificate of incorporation and the articles of
incorporation to each other member of the alliance. 

SECTION 4. Amends Section 17, Article 5190.6, V.T.C.S., by adding
Subsection (c), to prohibit an amendment of the article of incorporation of
a county alliance corporation from being adopted unless approved by the
governing body of each member of the county alliance under whose auspices
the corporation was created. 

SECTION 5. Amends Section 20(e), Article 5190.6, V.T.C.S., to require a
restated certificate of incorporation granted to a county alliance
corporation and the originals of the restated article of incorporation that
are required to be delivered to the governing body of the county alliance
under whose auspices the corporation was created to be delivered to the
commissioners court of any county in the alliance.  Requires that county to
provide photocopies of the certificate of incorporation and the articles of
incorporation to each other member of the alliance. 

SECTION 6. Amends Section 25(f), Article 5190.6, V.T.C.S., to require the
resolution required by this subsection to be adopted by the commissioners
courts of at least three-fifths of the members of the county alliance, if
the corporation is authorized by a county alliance. 

SECTION 7. Emergency clause.
  Effective date: upon passage.