By Counts                                             H.B. No. 2614
         76R10315 WP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to creation of a county alliance to jointly authorize the
 1-3     creation of a development corporation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2, the Development Corporation Act of
 1-6     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
 1-7     amending Subdivisions (7)-(14) and adding Subdivision (15) to read
 1-8     as follows:
 1-9                 (7)  "County alliance" means two or more counties that
1-10     jointly authorize the creation of a corporation under this Act.
1-11                 (8)  "District" shall mean a conservation and
1-12     reclamation district established under authority of Article XVI,
1-13     Section 59, of the Texas Constitution.
1-14                 (9) [(8)]  "Governing body" shall mean the board,
1-15     council, commission, commissioners court, or legislative body of
1-16     the unit.
1-17                 (10) [(9)]  "Industrial development corporation" shall
1-18     mean a corporation created and existing under the provisions of
1-19     this Act as a constituted authority for the purpose of financing
1-20     one or more projects.
1-21                 (11) [(10)]  "Project" shall mean the land, buildings,
1-22     equipment, facilities, and improvements (one or more) found by the
1-23     board of directors to be required or suitable for the promotion of
1-24     development and expansion of manufacturing and industrial
 2-1     facilities, transportation facilities (including but not limited to
 2-2     airports, ports, mass commuting facilities, and parking
 2-3     facilities), sewage or solid waste disposal facilities, recycling
 2-4     facilities, air or water pollution control facilities, facilities
 2-5     for the furnishing of water to the general public, distribution
 2-6     centers, and small warehouse facilities capable of serving as
 2-7     decentralized storage and distribution centers, and for the
 2-8     promotion of development or redevelopment and expansion, including
 2-9     costs of administration and operation, of a military base closed or
2-10     realigned pursuant to recommendation of the Defense Closure and
2-11     Realignment Commission pursuant to the Defense Base Closure and
2-12     Realignment Act of 1990 (10 U.S.C.  Section 2687 note) as amended,
2-13     and of facilities which are related to any of the foregoing, and in
2-14     furtherance of the public purposes of this Act, all as defined in
2-15     the rules of the department, irrespective of whether in existence
2-16     or required to be identified, acquired, or constructed thereafter.
2-17     As used in this Act, the term "development areas" shall mean any
2-18     area or areas of a city that the city finds and determines, after a
2-19     public hearing, should be developed in order to meet the
2-20     development objectives of the city.  In addition, in blighted or
2-21     economically depressed areas, development areas, federally
2-22     designated empowerment zones and enterprise communities designated
2-23     under Section 1391, Internal Revenue Code of 1986, or federally
2-24     assisted new communities located within a home-rule city or a
2-25     federally designated economically depressed county of less than
2-26     50,000 persons according to the last federal decennial census, a
2-27     project may include the land, buildings, equipment, facilities, and
 3-1     improvements (one or more) found by the board of directors to be
 3-2     required or suitable for the promotion of commercial development
 3-3     and expansion and in furtherance of the public purposes of this
 3-4     Act, or for use by commercial enterprises, all as defined in the
 3-5     rules of the department, irrespective of whether in existence or
 3-6     required to be acquired or constructed thereafter.  As used in this
 3-7     Act, the term blighted or economically depressed areas shall mean
 3-8     those areas and areas immediately adjacent thereto within a city
 3-9     which by reason of the presence of a substantial number of
3-10     substandard, slum, deteriorated, or deteriorating structures, or
3-11     which suffer from a high relative rate of unemployment, or which
3-12     have been designated and included in a tax incremental district
3-13     created under Chapter 695, Acts of the 66th Legislature, Regular
3-14     Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or
3-15     any combination of the foregoing, the city finds and determines,
3-16     after a hearing, substantially impair or arrest the sound growth of
3-17     the city, or constitute an economic or social liability and are a
3-18     menace to the public health, safety, or welfare in their present
3-19     condition and use.  The department shall adopt guidelines that
3-20     describe the kinds of areas that may be considered to be blighted
3-21     or economically depressed.  The city shall consider these
3-22     guidelines in making its findings and determinations.  Notice of
3-23     the hearing at which the city considers establishment of a
3-24     development area or an economically depressed or blighted area
3-25     shall be posted at the city hall before the hearing.
3-26           "Federally assisted new communities" shall mean those
3-27     federally assisted areas which have received or will receive
 4-1     assistance in the form of loan guarantees under Title X of the
 4-2     National Housing Act and a portion of the federally assisted area
 4-3     has received grants under Section 107(a)(1) of the Housing and
 4-4     Community Development Act of 1974, as amended.
 4-5                 (12) [(11)]  "Resolution" shall mean the resolution,
 4-6     order, ordinance, or other official action by the governing body of
 4-7     a unit.
 4-8                 (13) [(12)]  "Unit" shall mean a city, county, or
 4-9     district which may create and utilize a corporation.
4-10                 (14) [(13)]  "Bonds" includes bonds, notes, and other
4-11     evidences of indebtedness.
4-12                 (15) [(14)]  "User" means an individual, partnership,
4-13     corporation, or any other private entity, whether organized for
4-14     profit or not for profit, or a city, county, district, or any other
4-15     political subdivision, public entity, or agency of the state or
4-16     federal government.
4-17           SECTION 2.  The Development Corporation Act of 1979 (Article
4-18     5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
4-19     4D to read as follows:
4-20           Sec. 4D.  (a)  Two or more counties that are adjacent or are
4-21     in close proximity, as determined by the governing bodies of the
4-22     counties involved, may create a county alliance to authorize the
4-23     creation of a corporation.  The county alliance is a single unit
4-24     for the purposes of this Act.  The other provisions of this Act
4-25     apply to the county alliance and a corporation authorized by the
4-26     county alliance, except to the extent inconsistent with this
4-27     section or another provision of this Act that is expressly
 5-1     applicable to the county alliance or corporation.
 5-2           (b)  The board of directors of a corporation authorized by a
 5-3     county alliance under this section consists of members appointed by
 5-4     the commissioners court of each county in the alliance.  The board
 5-5     consists of three members from each county if the alliance includes
 5-6     10 or fewer counties or two members from each county if the
 5-7     alliance includes more than 10 counties.  A member of the board of
 5-8     directors may not serve more than six years and may be removed at
 5-9     the will of the appointing county.  The member serves without
5-10     compensation but is entitled to reimbursement for expenses incurred
5-11     in the performance of the member's duties.
5-12           (c)  A county may become a member of an established county
5-13     alliance that has authorized the creation of a corporation.  To
5-14     become a member of an established county alliance:
5-15                 (1)  the commissioners court of the county wanting to
5-16     join the alliance must petition the board of directors of the
5-17     established county alliance corporation for admission;
5-18                 (2)  the board of directors of the county alliance
5-19     corporation must approve the admission of the petitioning county;
5-20                 (3)  the petitioning county must agree to abide by the
5-21     bylaws of the county alliance corporation;
5-22                 (4)  the petitioning county must pay a fee to the
5-23     county alliance as determined by the county alliance corporation's
5-24     board of directors; and
5-25                 (5)  the petitioning county must meet any other
5-26     requirements established by the county alliance corporation's board
5-27     of directors.
 6-1           (d)  If the county alliance corporation's board of directors
 6-2     determines that sufficient provisions have been made to pay a
 6-3     county alliance corporation's expenses, bonds, and other
 6-4     obligations, any net earnings may be distributed among the counties
 6-5     in the county alliance as a percentage of the per capita
 6-6     contributions made by each of the counties during the existence of
 6-7     the corporation.
 6-8           (e)  A county may leave a county alliance if all of the
 6-9     county's obligations and entitlements in relation to the county
6-10     alliance corporation have been properly settled.  The departing
6-11     county may not receive any funds, assets, or property of the county
6-12     alliance corporation until the dissolution of the corporation as
6-13     provided under Subsection (f).  A county that leaves the county
6-14     alliance is entitled to receive a distribution as provided under
6-15     Subsection (f) that is reduced by one percent for each year the
6-16     corporation operated without the county's membership in the
6-17     alliance.
6-18           (f)  On dissolution of a corporation authorized by a county
6-19     alliance, any assets of the corporation remaining after all the
6-20     corporation's obligations have been met shall be distributed among
6-21     the counties in the county alliance as a percentage of the per
6-22     capita contributions made by each of the counties during the
6-23     existence of the corporation subject to Subsection (e).
6-24           (g)  A county alliance corporation is not required to
6-25     dissolve because a county leaves the county alliance if at least
6-26     two counties remain in the county alliance.
6-27           SECTION 3.  Section 7(b), the Development Corporation Act of
 7-1     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
 7-2     read as follows:
 7-3           (b)  A certificate of incorporation together with an original
 7-4     of the articles of incorporation affixed thereto by the secretary
 7-5     of state shall be delivered to the incorporators or their
 7-6     representatives and to the governing body of the unit under whose
 7-7     auspices the corporation was created.  A certificate of
 7-8     incorporation granted to a county alliance corporation and the
 7-9     original of the articles of incorporation that is required to be
7-10     delivered under this subsection to the governing body of the county
7-11     alliance under whose auspices the corporation was created shall be
7-12     delivered to the commissioners court of any  county in the county
7-13     alliance and that county shall provide photocopies of the
7-14     certificate of incorporation and the articles of incorporation to
7-15     each other member of the county alliance.
7-16           SECTION 4.  Section 17, the Development Corporation Act of
7-17     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
7-18     adding Subsection (c) to read as follows:
7-19           (c)  An amendment of the articles of incorporation of a
7-20     county alliance corporation  may not be adopted under this section
7-21     unless approved by the governing body of each member of the county
7-22     alliance under whose auspices the corporation was created.
7-23           SECTION 5.  Section 20(e), the Development Corporation Act of
7-24     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
7-25     read as follows:
7-26           (e)  A restated certificate of incorporation together with a
7-27     triplicate original of the restated articles of incorporation
 8-1     affixed thereto by the secretary of state shall be delivered to the
 8-2     corporation or its representative and to the governing body of the
 8-3     unit under whose auspices the corporation was created.  A restated
 8-4     certificate of incorporation granted to a county alliance
 8-5     corporation and the originals of the restated articles of
 8-6     incorporation that are required to be delivered under this
 8-7     subsection to the governing body of the county alliance under whose
 8-8     auspices the corporation was created shall be delivered to the
 8-9     commissioners court of any county that is a member of the county
8-10     alliance and that county shall provide photocopies of the
8-11     certificate of incorporation and the articles of incorporation to
8-12     each other member of the county alliance.
8-13           SECTION 6.  Section 25(f), the Development Corporation Act of
8-14     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
8-15     read as follows:
8-16           (f)  No issue of bonds, including refunding bonds, shall be
8-17     delivered by the corporation without a resolution of the governing
8-18     body adopted no more than 60 days prior to the date of delivery of
8-19     the bonds specifically approving the resolution of the corporation
8-20     providing for the issuance of the bonds.  If the corporation is
8-21     authorized by a county alliance, the resolution required by this
8-22     subsection must be adopted by the commissioners courts of at least
8-23     three-fifths of the members of the county alliance.
8-24           SECTION 7.  The importance of this legislation and the
8-25     crowded condition of the calendars in both houses create an
8-26     emergency and an imperative public necessity that the
8-27     constitutional rule requiring bills to be read on three several
 9-1     days in each house be suspended, and this rule is hereby suspended,
 9-2     and that this Act take effect and be in force from and after its
 9-3     passage, and it is so enacted.