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.