By: Brown, Truan S.B. No. 1092
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of a development corporation for spaceport
1-2 facilities; granting the power of eminent domain and the right to
1-3 issue bonds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Development Corporation Act of 1979 (Article
1-6 5190.6, Vernon's Texas Civil Statutes) is amended by adding Section
1-7 4D to read as follows:
1-8 Sec. 4D. DEVELOPMENT CORPORATION FOR SPACEPORT FACILITIES.
1-9 (a) In this section:
1-10 (1) "Eligible entity" means a county or combination of
1-11 municipalities and counties.
1-12 (2) "Project" means land, buildings, equipment,
1-13 facilities, and improvements included in the definition of that
1-14 term under Section 2 of this Act, including land, buildings,
1-15 equipment, facilities, and improvements found by the board of
1-16 directors to:
1-17 (A) be required or suitable for use for the
1-18 promotion or development of a spaceport, related area
1-19 transportation facilities, automobile parking facilities, and
1-20 related roads, streets, and water and sewer facilities, and other
1-21 related improvements that enhance any of those items;
1-22 (B) promote or develop new or expanded business
1-23 enterprises relating to a spaceport;
1-24 (C) promote or develop educational programs and
2-1 job training relating to a spaceport; or
2-2 (D) be required or suitable for the promotion of
2-3 development and expansion of affordable housing, as defined by 42
2-4 U.S.C. Section 12745, relating to a spaceport.
2-5 (3) "Spacecraft" includes a satellite.
2-6 (4) "Spaceport" includes:
2-7 (A) an area intended to be used to launch or
2-8 land a spacecraft;
2-9 (B) a spaceport building or facility located on
2-10 an area appurtenant to a launching or landing area;
2-11 (C) an area appurtenant to a launching or
2-12 landing area that is intended for use for a spaceport building or
2-13 facility; and
2-14 (D) a right-of-way related to a launching or
2-15 landing area, building, facility, or other area that is appurtenant
2-16 to a launching or landing area.
2-17 (b) To the extent of a conflict between this section and
2-18 another provision of this Act, this section prevails.
2-19 (c) An eligible entity may create a corporation under this
2-20 Act governed by this section. The corporation has the powers
2-21 granted by this section and by other sections of this Act and is
2-22 subject to the limitations of a corporation created under other
2-23 provisions of this Act. The articles of incorporation of a
2-24 corporation under this section must state that the corporation is
2-25 governed by this section and may include within its name any words
2-26 and phrases specified by the eligible entity.
3-1 (d) A corporation is governed by a board of seven directors.
3-2 For a corporation created by a single county, the commissioners
3-3 court of the county shall appoint the directors. If more than one
3-4 political subdivision creates the corporation the board must be
3-5 appointed by written agreement between the governing bodies of
3-6 those political subdivisions. Each director serves a two-year term
3-7 that expires June 1 of each odd-numbered year except that the terms
3-8 of three or four of the initial directors may be for a one-year
3-9 term so that the terms may be staggered for future two-year terms.
3-10 A board shall elect a presiding officer from among its members. A
3-11 board by rule may provide for the election of other officers. The
3-12 board shall meet at least once every three months and at the call
3-13 of the presiding officer or a majority of the directors.
3-14 (e) A corporation may:
3-15 (1) acquire, convey, mortgage, or otherwise dispose of
3-16 property; and
3-17 (2) exercise the power of eminent domain to acquire
3-18 property for a spaceport, including the power to:
3-19 (A) acquire fee title in land condemned;
3-20 (B) relocate or modify a railroad, utility line,
3-21 pipeline, or other facility that may interfere with a spaceport; or
3-22 (C) impose a reasonable restriction on using the
3-23 surface of the property for mineral development if the corporation
3-24 does not own the mineral rights.
3-25 (f) A corporation may not acquire property or issue a bond
3-26 unless a site in the territory of the eligible entity that created
4-1 the corporation has been designated as the site for a spaceport.
4-2 (g) Before exercising the power of eminent domain under this
4-3 section, a corporation must obtain a resolution approving the
4-4 proposed condemnation from the governing body of a county or
4-5 municipality in which the property is located. For purposes of
4-6 this section, territory in the extraterritorial jurisdiction of a
4-7 municipality is considered to be in the jurisdiction of the
4-8 municipality. The exercise of the power of eminent domain by the
4-9 corporation is governed by Chapter 21, Property Code.
4-10 (h) A corporation may make an agreement with or accept a
4-11 donation, grant, or loan from any person. A corporation may enter
4-12 into an interlocal contract under Chapter 791, Government Code. A
4-13 corporation may not contract to operate a spaceport unless the
4-14 agreement provides that the person contracting with the corporation
4-15 assumes the corporation's liability for a cause of action arising
4-16 from environmental damage.
4-17 (i) A corporation may sue and be sued.
4-18 (j) A board of directors by rule may develop a plan for
4-19 higher education courses and degree programs to be offered at or
4-20 near a spaceport. Those courses and degree programs must be
4-21 related to the purposes of this section. The Texas Aerospace
4-22 Commission and the Texas Higher Education Coordinating Board shall
4-23 cooperate with and advise a board of directors in carrying out this
4-24 subsection.
4-25 (k) A corporation may:
4-26 (1) impose a charge for using a spaceport or a service
5-1 the corporation provides;
5-2 (2) issue a bond as provided by this section;
5-3 (3) borrow money;
5-4 (4) loan money to fund a spaceport; and
5-5 (5) invest money under its control in an investment
5-6 permitted by Chapter 2256, Government Code.
5-7 (l) A corporation's property, income, and operations are
5-8 exempt from taxes imposed by the state or a political subdivision
5-9 of the state. In lieu of taxes, a corporation shall make a payment
5-10 to each political subdivision of the state in which land owned by
5-11 the corporation is located in an amount equal to the ad valorem
5-12 taxes that would be paid on that land if the land were privately
5-13 owned. Tangible personal property, such as a spacecraft or other
5-14 property necessary to launch the spacecraft, is not taxable under
5-15 Section 11.01, Tax Code, if the property is located in the
5-16 spaceport. Chapter 151, Tax Code, does not apply to tangible
5-17 personal property purchased by a person for use in a spaceport.
5-18 (m) A corporation may issue bonds. The bonds are not an
5-19 obligation or a pledge of the faith and credit of the state, an
5-20 eligible entity, or any other political subdivision of the state.
5-21 A bond issued under this section must:
5-22 (1) be payable solely from the revenue of a spaceport
5-23 developed by the corporation issuing the bond;
5-24 (2) mature not later than 50 years after its date of
5-25 issuance;
5-26 (3) state on its face that the bond is not an
6-1 obligation of the State of Texas or a political subdivision of the
6-2 state; and
6-3 (4) be approved by the governing body of each entity
6-4 that created the corporation.
6-5 (n) Section 24 of this Act does not apply to a corporation
6-6 created under this section.
6-7 (o) This section expires on September 1, 2003, unless the
6-8 secretary of state has received articles of incorporation from a
6-9 corporation created under this section before that date.
6-10 SECTION 2. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended,
6-15 and that this Act take effect and be in force from and after its
6-16 passage, and it is so enacted.