By Oliveira H.B. No. 3035
76R3043 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of a spaceport authority; granting
1-3 the power of eminent domain and the right to issue bonds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle G, Title 10, Government Code, is amended
1-6 by adding Chapter 2312, to read as follows:
1-7 CHAPTER 2312. SPACEPORTS
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 2312.001. DEFINITIONS. In this chapter:
1-10 (1) "Authority" means a spaceport authority
1-11 established under this chapter.
1-12 (2) "Board" means a board of spaceport commissioners.
1-13 (3) "Bond" means an obligation issued by an authority
1-14 under this chapter, including a bond, certificate, note, or other
1-15 evidence of indebtedness.
1-16 (4) "Commissioner" means a member of a board.
1-17 (5) "Spacecraft" includes a satellite.
1-18 (6) "Spaceport" includes:
1-19 (A) an area intended to be used to launch or
1-20 land a spacecraft;
1-21 (B) a spaceport building or facility located on
1-22 an area appurtenant to a launching or landing area;
1-23 (C) an area appurtenant to a launching or
1-24 landing area that is intended for use for a spaceport building or
2-1 facility; and
2-2 (D) a right-of-way related to a launching or
2-3 landing area, building, facility, or other area that is appurtenant
2-4 to a launching or landing area.
2-5 Sec. 2312.002. EXPIRATION. If the comptroller has not
2-6 registered an authority before that date, this chapter expires
2-7 September 1, 2003.
2-8 (Sections 2312.003-2312.020 reserved for expansion
2-9 SUBCHAPTER B. ESTABLISHMENT OF AUTHORITY; POWERS AND DUTIES
2-10 Sec. 2312.021. ESTABLISHMENT. (a) A county may establish
2-11 an authority by:
2-12 (1) adopting a resolution authorizing the authority's
2-13 establishment; and
2-14 (2) appointing members to the board as provided by
2-15 Section 2312.051.
2-16 (b) A county and any combination of municipalities or
2-17 counties may establish an authority by:
2-18 (1) adopting substantially identical resolutions that
2-19 authorize the establishment of the authority; and
2-20 (2) appointing members to the board as provided by
2-21 Section 2312.051.
2-22 (c) An authority established under this section is a:
2-23 (1) political subdivision of the state; and
2-24 (2) special district.
2-25 Sec. 2312.022. REGISTRATION. An authority shall register
2-26 with the comptroller immediately after it is established.
2-27 Sec. 2312.023. GENERAL POWERS AND DUTIES. An authority has
3-1 the powers and duties prescribed by this chapter and may perform
3-2 other acts necessary to carry out the purposes of this chapter.
3-3 Sec. 2312.024. ECONOMIC DEVELOPMENT. An authority shall
3-4 encourage the economic development of the area in which it is
3-5 located by fostering the development of a spaceport and related
3-6 services and industries and educational programs.
3-7 Sec. 2312.025. SPACEPORT DEVELOPMENT. As soon as possible
3-8 after an authority is created, the authority shall design,
3-9 construct, and operate a spaceport through private enterprise under
3-10 the authority's supervision.
3-11 Sec. 2312.026. SPACEPORT SITE. An authority may not issue a
3-12 bond or acquire property unless a site in the territory of a county
3-13 that established the authority has been designated as the site for
3-14 a spaceport.
3-15 Sec. 2312.027. ACQUISITION OF PROPERTY; EMINENT DOMAIN. (a)
3-16 An authority may:
3-17 (1) acquire, convey, mortgage, or otherwise dispose of
3-18 property; and
3-19 (2) exercise the power of eminent domain to acquire
3-20 property for a spaceport, including the power to:
3-21 (A) acquire fee title in land condemned;
3-22 (B) relocate or modify a railroad, utility line,
3-23 pipeline, or other facility that may interfere with a spaceport; or
3-24 (C) impose a reasonable restriction on using the
3-25 surface of the property for mineral development if the authority
3-26 does not own the mineral rights.
3-27 (b) Before exercising the power of eminent domain under this
4-1 section, an authority must obtain a resolution approving the
4-2 proposed condemnation from the governing body of a county or
4-3 municipality in which the property is located. For purposes of
4-4 this section, territory in the extraterritorial jurisdiction of a
4-5 municipality is considered to be in the jurisdiction of the
4-6 municipality.
4-7 (c) The exercise of the power of eminent domain by the
4-8 authority is governed by Chapter 21, Property Code.
4-9 Sec. 2312.028. AGREEMENTS; DONATIONS; ENVIRONMENTAL
4-10 LIABILITY. (a) An authority may make an agreement with or accept
4-11 a donation, grant, or loan from any person.
4-12 (b) An authority may enter into an interlocal contract under
4-13 Chapter 791.
4-14 (c) An authority may not contract to operate a spaceport
4-15 unless the agreement provides that the person contracting with the
4-16 authority must assume the authority's liability for a cause of
4-17 action arising from environmental damage.
4-18 Sec. 2312.029. AUTHORITY TO BRING SUIT. An authority may
4-19 sue and be sued.
4-20 (Sections 2312.030-2312.050 reserved for expansion
4-21 SUBCHAPTER C. BOARD ORGANIZATION
4-22 Sec. 2312.051. BOARD OF COMMISSIONERS. (a) An authority is
4-23 governed by a board of seven commissioners. For an authority
4-24 established by a single county, the commissioners court of the
4-25 county shall appoint the members. If more than one public entity
4-26 creates the authority, the board must be appointed by written
4-27 agreement between the governing bodies of those entities.
5-1 (b) Each commissioner serves a two-year term that expires
5-2 June 1 of each odd-numbered year, except that the terms of three or
5-3 four of the initial commissioners may be for a one-year term so
5-4 that the terms can be staggered for future two-year terms.
5-5 (c) A board shall elect a presiding officer from among its
5-6 members.
5-7 (d) A board by rule may provide for the election of other
5-8 officers.
5-9 (e) An employee, officer, or member of the governing body of
5-10 an entity that established the authority may serve as a
5-11 commissioner.
5-12 Sec. 2312.052. BOARD MEETINGS. The board shall meet at
5-13 least once every three months and at the call of the presiding
5-14 officer or a majority of the commissioners.
5-15 (Sections 2312.053-2312.060 reserved for expansion
5-16 SUBCHAPTER D. BOARD POWERS AND DUTIES
5-17 Sec. 2312.061. GENERAL POWERS AND DUTIES OF THE BOARD;
5-18 RULEMAKING AUTHORITY. A board is responsible for the management,
5-19 operation, and control of an authority and shall exercise the
5-20 powers and duties of the authority. A board by rule shall
5-21 formulate general policy and procedures to govern the authority and
5-22 its activities.
5-23 Sec. 2312.062. COMPENSATION AND EXPENSES. A commissioner
5-24 serves without compensation but may be reimbursed for a reasonable
5-25 and necessary expense incurred in performing an official duty.
5-26 Sec. 2312.063. EXECUTIVE DIRECTOR. A board may employ:
5-27 (1) an executive director to manage an authority's
6-1 day-to-day operations; and
6-2 (2) other persons necessary to carry out the
6-3 authority's duties.
6-4 Sec. 2312.064. EDUCATION; ADVISORY AGENCIES. A board by
6-5 rule shall develop a plan for higher education courses and degree
6-6 programs to be offered at or near a spaceport. These planned
6-7 courses and degree programs must be related to the purposes of this
6-8 chapter. The Texas Aerospace Commission and the Texas Higher
6-9 Education Coordinating Board shall cooperate with and advise a
6-10 board in carrying out this section.
6-11 (Sections 2312.065-2312.100 reserved for expansion
6-12 SUBCHAPTER E. FINANCES; TAXES; BONDS
6-13 Sec. 2312.101. MISCELLANEOUS FINANCIAL POWERS. An authority
6-14 may:
6-15 (1) impose a charge for using a spaceport or a service
6-16 the authority provides;
6-17 (2) issue a bond as provided by this subchapter;
6-18 (3) borrow money;
6-19 (4) loan money to fund a spaceport; and
6-20 (5) invest money under its control in an investment
6-21 permitted by Chapter 2256, Government Code.
6-22 Sec. 2312.102. TAX EXEMPTION. (a) An authority's property,
6-23 income, and operations are exempt from taxes imposed by the state
6-24 or a political subdivision of the state. In lieu of taxes, an
6-25 authority shall make a payment to each political subdivision of the
6-26 state in an amount equal to the ad valorem taxes that would be paid
6-27 on the land of the authority if the land were privately owned.
7-1 (b) Tangible personal property such as a spacecraft or other
7-2 property necessary to launch the spacecraft is not taxable under
7-3 Section 11.01, Tax Code, if it is located in the spaceport for a
7-4 temporary period of 175 days or less.
7-5 (c) Chapter 151, Tax Code, does not apply to tangible
7-6 personal property purchased by a person for use in a spaceport.
7-7 Sec. 2312.103. BONDS. (a) An authority may issue bonds.
7-8 (b) A bond issued under this subchapter must:
7-9 (1) be payable solely from the revenue of a spaceport
7-10 developed by the authority issuing the bond;
7-11 (2) mature not later than 50 years after its date of
7-12 issuance; and
7-13 (3) state on its face that the bond is not an
7-14 obligation of the State of Texas.
7-15 Sec. 2312.104. TEXAS SPACEPORT FUND. (a) In this section,
7-16 "commission" means the Texas Aerospace Commission.
7-17 (b) The Texas spaceport fund is created as a separate
7-18 account in the general revenue fund.
7-19 (c) The commission may use money appropriated to the
7-20 commission from the fund to provide a grant to an eligible
7-21 authority. The commission by rule may provide procedures necessary
7-22 to administer the fund and the grant program provided by this
7-23 section, including procedures for an authority to apply for and
7-24 receive a grant.
7-25 (d) An authority is eligible to receive a grant for a
7-26 spaceport that is or is planned to be:
7-27 (1) on a site not smaller than 1,000 acres; and
8-1 (2) budgeted to cost $100 million or more.
8-2 (e) In determining whether to grant money to an eligible
8-3 authority, the commission shall consider:
8-4 (1) the size of the proposed spaceport;
8-5 (2) the cost of the proposed spaceport; and
8-6 (3) other factors the commission provides by rule.
8-7 (f) The commission may not grant money to an authority
8-8 unless the commission has received the written approval of the
8-9 governor, lieutenant governor, and speaker of the house for that
8-10 grant.
8-11 SECTION 2. This Act takes effect September 1, 1999.
8-12 SECTION 3. The importance of this legislation and the
8-13 crowded condition of the calendars in both houses create an
8-14 emergency and an imperative public necessity that the
8-15 constitutional rule requiring bills to be read on three several
8-16 days in each house be suspended, and this rule is hereby suspended.