SRC-SLL, ARR S.B. 1794 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1794
By: Ratliff
Infrastructure
4/12/1999
Committee Report (Amended)


DIGEST 

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 would authorize the authority
to operate all utility systems on the property.  

PURPOSE

As proposed, S.B. 1794 sets forth the powers and duties of the Red River
Redevelopment Authority and validates certain acts of the authority. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the board of directors of the Red River
Redevelopment Authority in SECTION 3 (Section 3c, Article 1269j-18,
V.T.C.S.) of this bill. 
 
SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 1(4), (5), and (6), Chapter 831, 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. Set 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. 

SECTION 3. Amends Section 3, Article 1269j-18, V.T.C.S., by amending
Subsections (b) and (c) and adding Subsections (h) and (i), to provide that
the board of directors of the authority is composed of certain members
including one member appointed, rather than at large elected,  by a the
mayor of Red Lick, Texas. 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 shall be appointed in
even-numbered years. Prohibits a board member from being entitled to
compensation for services on the board but is entitled to be reimbursed for
necessary expenses incurred in carrying out the duties and responsibilities
of a board member. 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 Article 1269j-18, V.T.C.S., by amending Sections 4 and 5,
as follows: 

Sec. 4. PURPOSE. Creates the authority to accept 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 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 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 or 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 property legal description. 

SECTION 6. Emergency clause.
                      Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 6. 

Deletes proposed SECTIONS 6 and 7, containing the effective date of
September 1, 1999 and the emergency clause; and moves the emergency clause
to SECTION 6, with an effective date of upon passage.