HBA-EVB, DMD C.S.S.B. 655 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 655
By: Madla
State, Federal, & International Relations
5/14/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Development Corporation Act of 1979 (DCA) requires state approval of
local actions of a nonprofit corporation which can result in substantial
administrative expenses and delays regarding a non-profit corporation's
efforts to save and expand job opportunities and engage in economic
development in an area threatened by defense base closures. 

C.S.S.B. 655 authorizes a municipality to establish a defense base
development authority (authority) with a board of directors (board)
consisting of 11 members with the responsibility for the management,
operation, and control of the authority. This bill provides that once the
authority is established it is a special district and political subdivision
of this state. This bill also authorizes the municipality to designate the
authority to be the successor in interest to a nonprofit corporation
organized under DCA. In addition, this bill authorizes an authority to sue
and be sued. 

This bill authorizes the board to designate as a redevelopment project, a
project that relates to the development of base property and the
surrounding areas or the development of a defense base in the territory of
the municipality that established the authority and areas surrounding that
base. It authorizes an authority to issue bonds only if the municipality
that established the authority authorizes the issuance by resolution. In
addition, this bill exempts an authority's property, income, and operations
from taxes imposed by the state or a political subdivision of the state.
This bill authorizes the governing body of a municipality that established
the authority by resolution to dissolve the authority after all debts or
obligations of the authority have been satisfied. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle A, Title 12, Local Government Code, by adding
Chapter 378, as follows: 

CHAPTER 378.  DEFENSE BASE DEVELOPMENT AUTHORITIES

Sec. 378.001. DEFINITIONS. Defines "authority," "base property," "board,"
"bond," and "defense base" in this chapter. 

Sec. 378.002. ESTABLISHMENT; SUCCESSOR. (a) Authorizes a municipality by
resolution to establish a defense base development authority (authority).
Provides that the resolution must include a legal description of the base
property. Provides that once the resolution is adopted the authority is
established as a special district and political subdivision of this state,
with a boundary coterminous with the base property described in the
resolution. 

(b) Authorizes the municipality, when establishing an authority, to
designate the authority in the municipality's resolution to be the
successor in interest to a nonprofit corporation organized under Article
5190.6, V.T.C.S. (Development Corporation Act of 1979). Provides that once
the resolution is adopted, the corporation is dissolved and the authority
succeeds to all rights and liabilities of that corporation. 

Sec. 378.003. PURPOSE AND NATURE OF AUTHORITY. Provides that an authority
is created to accept title to or operate under a lease from the United
States or any other person all or a part of the base property and areas
around the base property and to engage in the economic development of the
base property and areas around the base property. Sets forth that an
authority exercises public and essential governmental functions. 

Sec. 378.004. POWERS AND DUTIES OF AUTHORITY. Sets forth the powers and
duties that an authority is authorized to exercise in order to carry out a
purpose of this chapter, including the power to request and accept a
donation, grant, guaranty, or loan from any source. Requires an authority
to establish and maintain an office and agent registered with the secretary
of state. Requires an authority to endeavor to raise revenue sufficient to
pay its debts.  

Sec. 378.005. SUITS; INDEMNITY. Authorizes an authority to sue and be sued.
Authorizes process to be served on the president, vice president, or
registered agent, in a suit against an authority. Prohibits an authority
from being required to give a bond on an appeal or writ of error taken in a
civil case that the authority is prosecuting or defending. Authorizes an
authority to indemnify an authority employee or a member of the board of
directors of the authority (board) or a former authority employee or board
member for necessary expenses and costs, including attorney's fees,
incurred by that person in connection with a claim asserted against that
person if certain conditions are met. 

Sec. 378.006. UTILITIES. (a) Authorizes an authority to accept an electric,
gas, potable water, or sanitary sewage utility conveyed by the United
States but prohibits the authority from operating it.  

(b) Requires an authority to convey a utility received under Subsection (a)
to the municipality that established the authority. Requires the
municipality to pay the authority fair market value for the utility. 

(c) Requires the municipality, if state or federal law prohibits the
operation or ownership of the utility by the municipality, to convey the
utility to an entity that is authorized to operate it. Authorizes the
municipality to charge fair market value for the conveyance. 

Sec. 378.007. BOARD OF DIRECTORS. (a) Provides that the board consists of
11 members and is responsible for the management, operation, and control of
the authority. 

(b) Requires the governing body of the municipality that established the
authority to appoint each board member to a term not exceeding two years.
Provides that a vacancy on the board is filled in the same manner as the
original appointment. 

(c) Authorizes the municipality to remove a board member by adopting a
resolution. 

(d) Requires the members of the board to elect from its membership a
president, vice president, secretary, and treasurer. Authorizes the board,
by rule, to provide for the election of other officers. 

(e) Provides that a board member serves without compensation but the board
member is authorized to be reimbursed for a reasonable and necessary
expense incurred in the performance of an official duty. 

(f) Requires the board to adopt rules for its proceedings and authorizes it
to employ and compensate persons to carry out the powers and duties of the
authority. 

Sec. 378.008. POWERS AND DUTIES OF BOARD. Sets forth the required powers
and duties of the board. Provides that for the base property and areas
adjacent to the base property the board is required to promote economic
development, attempt to reduce unemployment,  encourage the development of
new industry by private businesses, and encourage financing of projects
designated under Section 378.009. 

Sec. 378.009. REDEVELOPMENT PROJECTS.  Authorizes the board to designate as
a redevelopment project, a project that relates to the development of base
property and the surrounding areas or the development of a defense base in
the territory of the municipality that established the authority and areas
surrounding that base. Provides that a project designated under Subsection
(a) is for a public purpose. 

Sec. 378.010. BONDS. Authorizes an authority to issue bonds only if the
municipality that established the authority authorizes the issuance by
resolution. Provides that a bond issued under this chapter must be payable
solely from authority revenue, mature no later than 40 years after its date
of issuance, and state on its face that it is not an obligation of this
state or the municipality. 

Sec. 378.011. TAX EXEMPTIONS. (a) Exempts an authority's property, income,
and operations from taxes imposed by the state or a political subdivision
of the state. 

(b) Provides that Section 25.07(a) (Leasehold and Other Possessory
Interests in Exempt Property), Tax Code, does not apply to a leasehold or
other possessory interest granted by an authority for a project designated
under Section 378.009(a) except to the extent that it applies to a
leasehold or other possessory interest in real property constituting a
project described by Section 4B(k), Article 5190.6, V.T.C.S., as that Act
is in effect on January 1, 1999.  Provides that this subsection does not
apply to personal property owned or used by a lessee or other person who
holds a possessory interest granted by an authority for a project
designated under Section 378.009(a). 

Sec. 378.012. DISSOLUTION. Authorizes the governing body of a municipality
that established the authority by resolution to dissolve the authority
after all debts or obligations of the authority have been satisfied.
Provides that property of the authority that remains after dissolution is
conveyed to the municipality. 

SECTION 2. (a) Defines "defense base development corporation" for purposes
of this section. 

(b) Specifies acts of a defense base development corporation that are
validated and confirmed as of the date they occurred.  

(c) Sets forth provisions to which this section does not apply.

SECTION 3.Emergency clause.
  Effective date: upon passage.           

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 (proposed Section
378.004, Local Government Code), by including the power to request and
accept a donation, grant, guaranty, or loan from any source, rather than
from any source permitted by law, among the powers and duties that a
defense base development authority (authority) is authorized to exercise in
order to carry out a purpose of this chapter. 

The substitute also differs from the original in SECTION 1 (proposed
Section 378.011(b), Local Government Code), by providing that Section
25.07(a) (Leasehold and Other Possessory Interests in Exempt Property), Tax
Code, does not apply to a leasehold or other possessory interest granted by
an authority for a project designated under Section 378.009(a) except to
the extent that it applies to a leasehold or other possessory interest in
real property constituting a project described by Section 4B(k), Article
5190.6, V.T.C.S. (Development Corporation Act of 1979), as that Act is in
effect on January 1, 1999.   The original bill provided that Section
25.07(a), Tax Code, applies to a leasehold or other possessory interest in
real property granted by an authority for a project designated under
Section 378.009(a) in the same manner as it applies to a leasehold or
other possessory interest in real property constituting a project described
by Section 4B(k), Article 5190.6, V.T.C.S.  The substitute further provides
that this subsection does not apply to personal property owned or used by a
lessee or other person who holds a possessory interest granted by an
authority for a project designated under Section 378.009(a).