HBA-NLM S.B. 1794 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1794 By: Ratliff County Affairs 5/3/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law authorizes the Red River Redevelopment Authority (authority) to accept title to the land and property of the Red River Army Depot from the Department of Defense in response to the Federal Base Closure Act realignment. The redevelopment of the property depends on the ability of the authority to provide utility services to potential commercial and industrial tenants. S.B. 1794 authorizes the authority to operate all utility systems on the property. In addition, this bill sets forth the powers and duties of the Red River Redevelopment Authority and validates certain acts of the authority. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any addition rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 1(4), (5), and (6), Article 1269j-18, V.T.C.S., to redefine "cities," "property," and "eligible project." SECTION 2. Amends Section 2, Article 1269j-18, V.T.C.S., to provide that the creation, establishment, and organization of the Red River Redevelopment Authority (authority) are validated, ratified, approved, and confirmed. Provides that the boundaries of the authority are coterminous with the boundaries of the real property described in Section 8A of this Act. Authorizes the boundaries of the authority to be expanded from time to time as additional real property, if any is conveyed to the authority by the United States of America. Sets forth certain provisions regarding the authority as a governmental entity. Requires the authority to be subject to the regulatory authority of the state or any agencies of the state to the same extent as a municipal corporation. Deletes text regarding adoption of a resolution. Makes conforming and nonsubstantive changes. SECTION 3. Amends Section 3, Article 1269j-18, V.T.C.S., by amending Subsections (b) and (c) and adding Subsections (h) and (i), as follows: (b) Provides that the board of directors of the authority is composed of certain members including one member appointed, rather than elected at-large, by the mayor of Red Lick, Texas. (c) Authorizes the board, by rule or resolution, to provide for the appointment of members of the board in alternate years and to determine the number and manner of deciding which members will be appointed in odd-numbered years and which will be appointed in evennumbered years. (h) Prohibits a board member from being entitled to compensation for services on the board but provides that a member is entitled to be reimbursed for necessary expenses incurred in carrying out the duties and responsibilities of a board member. (i) Prohibits a position on the board from being construed to be a civil office of emolument for any purpose, including those purposes described in Section 40, Article XVI, Texas Constitution. Authorizes elected officials of the county and cities to serve on the board without penalty of forfeiture of office. Requires the provisions of this section to prevail and be given effect, in the event of any conflict between this section and any provision of statutory or common law which would in any way prevent the elected officials from serving on the board. Requires a conflict of interest, under either statutory or common law, for any board member regarding a particular matter to come before the board to be governed by Chapter 171, Local Government Code. SECTION 4. Amends Sections 4 and 5, Article 1269j-18, V.T.C.S., as follows: Sec. 4. PURPOSE. Creates the authority for the purpose of accepting title on approval by and in coordination with the governor from the United States to all or any portion of the property within, adjacent to, or related to the property described in Section 8A of this Act. Requires the property to consist of any property, whether real, personal, or mixed, and any rights, whether tangible or intangible, assets, benefits, or improvements related to the existence, development, operation, or maintenance of the property and commercial activities within or related to the property. Deletes text regarding excess personal and real property. Sets forth purposes for which the creation of the authority is necessary. Makes conforming and nonsubstantve changes. Sec. 5. POWERS AND DUTIES OF THE AUTHORITY. Sets forth certain powers and duties of the authority. Requires the provisions of this Act to prevail to the extent the general laws may be inconsistent or in conflict with this Act. Sets forth the intentions of the legislature regarding required powers and authority. Makes conforming and nonsubstantive changes. SECTION 5. Amends Article 1269j-18, V.T.C.S., by amending Sections 7 and 8 and adding Section 8A, as follows: Sec. 7. DISSOLUTION. Provides that it is the intention of the legislature that the authority be dissolved with the approval of the cities and county governing bodies, after the conveyance and sale of all of the property. Sec. 8. SUCCESSOR. Requires Bowie County to transfer certain assets. Requires such transfer of assets to be made without the requirement of public notice or bidding; provided this provision shall not authorize the transfer of public funds of Bowie County, other than the funds described by this section, except as may be otherwise provided by law. Sec. 8A. AUTHORITY PROPERTY. Requires the initial property comprising the authority to be a certain tract of real property located in Bowie County, Texas, as conveyed, or to be conveyed, in or one or more parcels by the USA to the authority. Sets forth the boundaries and describes the property. SECTION 6. Emergency clause. Effective date: upon passage.