Senate Research CenterS.B. 1092
By: Brown
State Affairs


Currently, no state statute authorizes a county to establish a spaceport
authority.  A spaceport authority designs, constructs, and operates a
commercial spaceport, and encourages local economic development through the
production of related industries.  The authority would be a political
subdivision and a special district.  S.B. 1092 will authorize the
establishment of a spaceport authority, and grant to the authority the
power of eminent domain and the right to issue bonds. 


As enrolled, S.B. 1092 authorizes the establishment of a spaceport


Rulemaking authority is granted to the board of directors of a spaceport
development corporation in SECTION 1 (Section 4D(d), Article 5190.6,
V.T.C.S. (The Development Corporation Act of 1976)) of this bill. 


SECTION 1.  Amends Article 5190.6, V.T.C.S. (The Development Corporation
Act of 1976), by adding Section 4D, as follows: 

"eligible entity," "project," "spacecraft," and "spaceport."  Provides that
this section prevails in the event of a conflict between this section and
anther provision of this Act.  Authorizes an eligible entity to create a
corporation that has the powers and the limitations under this Act, but the
articles of incorporation must state that the corporation is governed by
this section and words to that effect.  Sets forth the composition and
terms of office of the board of directors of the corporation (board).
Authorizes the board to provide, by rule, for the election of certain
officers.  Requires the board to meet at the call of the presiding officer
or a majority of the directors.  Grants certain property and eminent domain
rights to the corporation.  Prohibits the corporation from acquiring
property or issuing bonds unless a site has been designated for a
spaceport.  Requires the corporation to obtain a resolution from the
governing body of a county or municipality, in which eminent domain is to
be exercised including extraterritorial jurisdiction of a municipality,
approving the condemnation. Authorizes the corporation to make certain
agreements regarding donations and grants and to enter into an interlocal
contract under Chapter 791, Government Code.  Prohibits the corporation
from contracting the operation of a spaceport unless the agreement provides
that the person contracting with the corporation assumes the corporation's
liability for a cause of action arising from environmental damage.
Authorizes the corporation to sue and to be sued. Authorizes the board to
adopt a plan for higher education courses and degree programs to be offered
at or near a spaceport, but the program must be related to the purposes of
this section. Requires the Texas Aerospace Commission and the Texas Higher
Education Coordinating Board to cooperate with and advise the board in
carrying out this subsection.  Authorizes the corporation to impose a
charge for using spaceport services; issuing bonds; and borrowing, loaning,
and investing money.  Exempts the corporation's property, income, and
operations from taxes imposed by a state or a political subdivision, yet
requires the corporation to make a payment to the subdivision an amount
equal to the ad valorem taxes that would be paid on  the corporation's land
if the land were privately owned.  Makes tangible personal property exempt
from taxes under Section 11.01, Tax Code, if the property is located in the
spaceport. Provides that Chapter 151, Tax Code, does not apply to tangible
personal property purchased by a person for use in a spaceport.  Authorizes
the corporation to issue bonds that are not an obligation or a pledge of
the faith and credit of the state, an eligible entity, or any other
political subdivision of the state.  Requires the bonds to meet other
financial criteria. Provides that Section 24 of this Act does not apply to
a corporation created under this section.  Establishes that this section
expires on September 1, 2003, unless the secretary of state has received
articles of incorporation, from a corporation created under this section,
before that date. 

SECTION 2.Emergency clause.
  Effective date: upon passage.