By Cuellar                                              H.B. No. 55
         76R326 KLA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of a state agency to promote economic
 1-3     development in the region bordering the Rio Grande.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle F, Title 4, Government Code, is amended
 1-6     by adding Chapter 487 to read as follows:
 1-7             CHAPTER 487.  BORDER ECONOMIC DEVELOPMENT AUTHORITY
 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-9           Sec. 487.001.  FINDINGS.  The legislature finds that:
1-10                 (1)  the border region has special needs relating to
1-11     economic development;
1-12                 (2)  those needs are a result of factors created by the
1-13     proximity of the region to an international border; and
1-14                 (3)  efforts to promote the economic development of the
1-15     region will benefit the whole state.
1-16           Sec. 487.002.  DEFINITIONS.  In this chapter:
1-17                 (1)  "Authority"  means the Border Economic Development
1-18     Authority.
1-19                 (2)  "Commission" means the Border Economic Development
1-20     Commission.
1-21                 (3)  "Border region" means the area composed of the
1-22     counties that have any part of their boundaries located within 40
1-23     miles of an international border.
1-24           Sec. 487.003.  BORDER ECONOMIC DEVELOPMENT AUTHORITY.  The
 2-1     Border Economic Development Authority is an agency of the state.
 2-2           Sec. 487.004.  SUNSET PROVISION.  The authority is subject to
 2-3     Chapter 325, Government Code (Texas Sunset Act).  Unless continued
 2-4     in existence as provided by that chapter, the authority is
 2-5     abolished and this chapter expires September 1, 2011.
 2-6           Sec. 487.005.  BORDER ECONOMIC DEVELOPMENT AUTHORITY
 2-7     COMMISSION.  (a)  The commission is the governing body of the
 2-8     authority.
 2-9           (b)  The commission is composed of the following 12 persons
2-10     appointed by the governor with the advice and consent of the
2-11     senate:
2-12                 (1)  a representative of:
2-13                       (A)  the governor;
2-14                       (B)  a public institution of higher education
2-15     located  in the border region;
2-16                       (C)  the Texas Natural Resource Conservation
2-17     Commission;
2-18                       (D)  the Texas Department of Health;
2-19                       (E)  the Texas Department of Transportation;
2-20                       (F)  the Department of Public Safety of the State
2-21     of Texas;
2-22                       (G)  the Texas Department of Economic
2-23     Development; and
2-24                       (H)  the attorney general;
2-25                 (2)  a recognized bond counsel;
2-26                 (3)  a recognized financial advisor;
2-27                 (4)  a representative of an appropriate federal agency;
 3-1     and
 3-2                 (5)  a representative of the states within the United
 3-3     Mexican States that border this state.
 3-4           (c)  Members of the commission serve six-year staggered
 3-5     terms, with one-third of the members' terms expiring February 1 of
 3-6     each odd-numbered year.
 3-7           (d)  If a vacancy occurs on the commission, the governor
 3-8     shall appoint a person to serve for the remainder of the unexpired
 3-9     term in the same manner as the original appointment.
3-10           (e)  A member of the commission is not entitled to
3-11     compensation but is entitled to reimbursement of the travel
3-12     expenses incurred by the member while conducting the business of
3-13     the commission, as provided in the General Appropriations Act.
3-14           Sec. 487.006.  PRESIDING OFFICER; MEETINGS.  (a)  The
3-15     governor shall name a member of the commission to serve as the
3-16     presiding officer.
3-17           (b)  The commission shall meet at the call of the presiding
3-18     officer.
3-19           Sec. 487.007.  DIVISIONS.  The commission may create one or
3-20     more divisions within the authority to help the authority in
3-21     carrying out its powers and duties.
3-22           Sec. 487.008.  PUBLIC AND PRIVATE FUNDS.  (a)  The state
3-23     agencies and state institutions represented on the commission shall
3-24     pay the costs of the authority and shall provide:
3-25                 (1)  staff, equipment, and supplies; and
3-26                 (2)  clerical and support services.
3-27           (b)  The authority may seek and accept other sources of
 4-1     funding and staff, including private and federal funding,
 4-2     volunteers, grants from the United States Agency for International
 4-3     Development, and loans from the World Bank.
 4-4           (c)  The authority may use the staff, equipment, supplies,
 4-5     and services of an agency represented on the commission and other
 4-6     sources of funding as necessary to perform the authority's powers
 4-7     and duties under this chapter.
 4-8           (d)  Disbursement of funds received by the authority shall be
 4-9     made in accordance with a disbursement policy adopted by the
4-10     commission subject to the laws of this state and the policies of
4-11     the state agencies and state institutions represented on the
4-12     commission.
4-13                SUBCHAPTER B.  POWERS AND DUTIES OF AUTHORITY
4-14           Sec. 487.051.  POWERS AND DUTIES RELATING TO PLANS AND
4-15     OBJECTIVES.  (a)  The authority shall develop:
4-16                 (1)  a plan for a program to address trade, health care
4-17     quality, job training, education, environmental protection, and
4-18     economic development in the border region;
4-19                 (2)  a plan to improve the access that persons in the
4-20     border region have to capital markets;
4-21                 (3)  a specific plan to meet the requirements of the
4-22     North American Free Trade Agreement;
4-23                 (4)  a timetable for achieving financial
4-24     self-sufficiency for the border region; and
4-25                 (5)  objectives for the authority.
4-26           (b)  The authority may develop a plan to address a specific
4-27     issue in the border region, including a plan to:
 5-1                 (1)  extend and enhance formal education from
 5-2     kindergarten through graduate school;
 5-3                 (2)  protect the air quality and the water of the Rio
 5-4     Grande;
 5-5                 (3)  limit toxic and hazardous waste risks;
 5-6                 (4)  deliver standard inoculations and public health
 5-7     services to the residents;
 5-8                 (5)  assess and provide skills training to meet current
 5-9     and future job skills requirements; or
5-10                 (6)  meet the infrastructure and trade needs relating
5-11     to the North American Free Trade Agreement.
5-12           Sec. 487.052.  IMPLEMENTATION OF PLAN.  The authority may
5-13     take any action necessary to implement a plan developed under
5-14     Section 487.051.
5-15           Sec. 487.053.  REPORT.  (a)  Not later than January 15 of
5-16     each odd-numbered year, the authority shall provide to the governor
5-17     and the legislature a report.
5-18           (b)  The report must:
5-19                 (1)  summarize the actions and progress of the
5-20     authority during the preceding two years; and
5-21                 (2)  suggest any action the commission believes is
5-22     necessary to further the functions of the authority.
5-23           SECTION 2.  (a)  In making the initial appointments to the
5-24     Border Economic Development Commission, the governor shall
5-25     designate four members for terms expiring February 1, 2001, four
5-26     members for terms expiring February 1, 2003, and four members for
5-27     terms expiring February 1, 2005.
 6-1           (b)  The Border Economic Development Authority shall submit
 6-2     the first report under Section 487.053, Government Code, as added
 6-3     by this Act, not later than January 15, 2001.
 6-4           SECTION 3.  The importance of this legislation and the
 6-5     crowded condition of the calendars in both houses create an
 6-6     emergency and an imperative public necessity that the
 6-7     constitutional rule requiring bills to be read on three several
 6-8     days in each house be suspended, and this rule is hereby suspended,
 6-9     and that this Act take effect and be in force from and after its
6-10     passage, and it is so enacted.