By: Duncan S.B. No. 1427
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the powers of the Lubbock Reese Redevelopment
1-2 Authority, including the power of eminent domain, the imposition of
1-3 taxes, and the issuance of bonds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 396.001, Local Government Code, is
1-6 amended by adding Subdivision (6) to read as follows:
1-7 (6) "Eligible project" means a project necessary or
1-8 incidental to the industrial, commercial, or business development,
1-9 redevelopment, maintenance, and expansion of new and existing
1-10 businesses on the property, now or formerly known as Reese Air
1-11 Force Base, described in Section 396.009, including the
1-12 acquisition, construction, operation, maintenance, enhancement, or
1-13 disposal of:
1-14 (A) roads, bridges, and rights-of-way;
1-15 (B) housing;
1-16 (C) real and personal property;
1-17 (D) police, fire, medical, cultural,
1-18 educational, and research services, equipment, institutions, and
1-19 resources;
1-20 (E) other community support services;
1-21 (F) flood control, water, wastewater treatment,
1-22 and all other utility facilities; and
1-23 (G) other infrastructure improvements.
1-24 SECTION 2. Section 2311.001, Government Code, is amended by
2-1 adding Subdivision (6) to read as follows:
2-2 (6) "Eligible project" means a project necessary or
2-3 incidental to the industrial, commercial, or business development,
2-4 redevelopment, maintenance, and expansion of new and existing
2-5 businesses on the property, now or formerly known as Reese Air
2-6 Force Base, described in Section 2311.026, including the
2-7 acquisition, construction, operation, maintenance, enhancement, or
2-8 disposal of:
2-9 (A) roads, bridges, and rights-of-way;
2-10 (B) housing;
2-11 (C) real and personal property;
2-12 (D) police, fire, medical, cultural,
2-13 educational, and research services, equipment, institutions, and
2-14 resources;
2-15 (E) other community support services;
2-16 (F) flood control, water, wastewater treatment,
2-17 and all other utility facilities; and
2-18 (G) other infrastructure improvements.
2-19 SECTION 3. Section 396.004, Local Government Code, is
2-20 amended by adding Subsection (e) to read as follows:
2-21 (e) The authority is created to undertake eligible projects
2-22 as defined in Section 396.001(6).
2-23 SECTION 4. Section 2311.021, Government Code, is amended by
2-24 adding Subsection (e) to read as follows:
2-25 (e) The authority is created to undertake eligible projects
2-26 as defined in Section 2311.001(6).
3-1 SECTION 5. Section 396.005, Local Government Code, is
3-2 amended by amending Subsection (a) and adding Subsection (c) to
3-3 read as follows:
3-4 (a) The authority may exercise, on approval by and in
3-5 coordination with the governor, all the powers necessary or
3-6 convenient to carry out a purpose of this subchapter, including the
3-7 power to:
3-8 (1) sue and be sued to the extent permitted by law,
3-9 and plead and be impleaded, in its own name;
3-10 (2) adopt an official seal and alter it as considered
3-11 advisable;
3-12 (3) adopt and enforce bylaws and rules for the conduct
3-13 of its affairs that are not inconsistent with this subchapter;
3-14 (4) acquire, hold, own, and dispose of its revenues,
3-15 income, receipts, funds, and money from every source;
3-16 (5) select its depository;
3-17 (6) set the fiscal year for the authority;
3-18 (7) establish a complete system of accounts for the
3-19 authority;
3-20 (8) invest funds in accordance with Chapter 2256,
3-21 Government Code;
3-22 (9) acquire, use, own, rent, lease, accept, hold, or
3-23 dispose of any property, or licenses, patents, rights, and other
3-24 interest in that property, by purchase, exchange, gift, assignment,
3-25 condemnation, sale, lease, or any other means, including
3-26 rights-of-way or easements, and hold, manage, operate, or improve
4-1 that property, to perform a duty or exercise a power under this
4-2 subchapter;
4-3 (10) sell, assign, lease, encumber, mortgage, or
4-4 otherwise dispose of any property comprising the base property, or
4-5 any interest in that property, release or relinquish any right,
4-6 title, claim, lien, interest, easement, or demand, however
4-7 acquired, and, notwithstanding any other law, conduct any
4-8 transaction authorized by this subdivision by public or private
4-9 sale;
4-10 (11) lease or rent any land or buildings, structures,
4-11 or facilities located on the base property to any person to carry
4-12 out the purposes of this subchapter;
4-13 (12) request and accept any appropriations, grants,
4-14 allocations, subsidies, guaranties, aid, contributions, services,
4-15 labor, materials, gifts, donations, or money from the federal
4-16 government, the state, any public agency or political subdivision,
4-17 or any other source;
4-18 (13) operate and maintain an office;
4-19 (14) appoint and determine the duties, tenure,
4-20 qualifications, compensation, and removal of officers, employees,
4-21 agents, professional advisors, and counselors, including financial
4-22 consultants, accountants, attorneys, architects, engineers,
4-23 appraisers, and financing experts, as considered necessary or
4-24 advisable by the board;
4-25 (15) borrow money as necessary to acquire, improve, or
4-26 operate facilities on the base property, not to exceed an amount
5-1 determined by the governing body of the municipality;
5-2 (16) fix, revise, charge, and collect rents, rates,
5-3 fees, and charges for its facilities and services;
5-4 (17) exercise the powers granted to municipalities
5-5 under Chapter 380 for expansion of economic development and
5-6 commercial activity; [and]
5-7 (18) adopt an annual operating budget for all major
5-8 expenditures before the beginning of the fiscal year; and
5-9 (19) exercise those powers granted to general law
5-10 districts in Chapter 49, Water Code, and to municipal utility
5-11 districts in Chapter 54, Water Code, and provide all other utility
5-12 services on an immediate basis without the need for other state
5-13 regulatory approvals and has the unrestricted right to delegate the
5-14 exercise of these powers and the provision of these services to a
5-15 neighboring municipality or other utility providers as may be
5-16 necessary and appropriate to carry out the purposes for which the
5-17 authority was established.
5-18 (c)(1) Notwithstanding any provision of this subchapter, the
5-19 authority shall continue to be served by the current provider of
5-20 electricity and related services to the authority until September
5-21 1, 2001.
5-22 (2) Before September 1, 2001, the Public Utility
5-23 Commission of Texas shall study the electric utility infrastructure
5-24 of the authority and determine a reasonable purchase price for the
5-25 infrastructure. The authority shall reimburse the commission for
5-26 the cost of hiring a consultant to prepare and present a study of a
6-1 reasonable purchase price for the infrastructure, if the commission
6-2 determines that a consultant is necessary.
6-3 (3) Any delegation of the exercise of power and the
6-4 provision of electric services provided for in Subsection (a)(19)
6-5 shall be effected through a competitive sealed proposal procedure.
6-6 The delegation must be awarded to the responsible offeror whose
6-7 proposal is determined to be the most advantageous to the authority
6-8 after considering the relative importance of price and other
6-9 evaluation factors included in the request for proposals. The
6-10 authority may include as an evaluation factor any criteria the
6-11 board determines to be relevant to the delegation. The authority
6-12 may reject any and all proposals. The authority may not accept a
6-13 proposal for the acquisition of the electric utility infrastructure
6-14 of the authority in which the offered amount is less than the
6-15 reasonable purchase price determined by the Public Utility
6-16 Commission of Texas. The provisions of Chapter 252, including
6-17 Section 252.042(b) and related provisions of this code, shall
6-18 control procedures where not otherwise inconsistent with the
6-19 provisions herein.
6-20 SECTION 6. Section 2311.022, Government Code, is amended to
6-21 read as follows:
6-22 Sec. 2311.022. Powers and Duties of Authority. (a) The
6-23 authority has and may exercise, on approval by and in coordination
6-24 with the governor, all the powers necessary or convenient to carry
6-25 out or to effect a purpose of this chapter, including the power to:
6-26 (1) sue and be sued to the extent permitted by law,
7-1 and plead and be impleaded, in its own name, and in such a suit the
7-2 authority may not be required to give security for costs or a
7-3 supersedeas or cost bond in an appeal of a judgment;
7-4 (2) adopt an official seal and alter it as considered
7-5 advisable;
7-6 (3) adopt and enforce bylaws and rules for the conduct
7-7 of its affairs not inconsistent with this chapter;
7-8 (4) acquire, hold, own, and dispose of its revenues,
7-9 income, receipts, funds, and money from every source;
7-10 (5) select its depository or depositories;
7-11 (6) set the fiscal year for the authority;
7-12 (7) establish a complete system of accounts for the
7-13 authority;
7-14 (8) invest funds in accordance with Chapter 2256;
7-15 (9) acquire, use, own, rent, lease, accept, hold, or
7-16 dispose of any real, personal, or mixed property, licenses,
7-17 patents, rights, and other interest in that property, by purchase,
7-18 exchange, gift, assignment, condemnation, sale, lease, or any other
7-19 means, including rights-of-way or easements, and hold, manage,
7-20 operate, or improve that property, to perform the duties and
7-21 exercise any of the powers under this chapter;
7-22 (10) sell, assign, lease, encumber, mortgage, or
7-23 otherwise dispose of any real, personal, or mixed property
7-24 comprising the base property, or any interest in that property,
7-25 release or relinquish any right, title, claim, lien, interest,
7-26 easement, or demand, however acquired, and conduct any of those
8-1 transactions by public or private sale, notwithstanding any other
8-2 law;
8-3 (11) lease or rent any land or buildings, structures,
8-4 or facilities located on the base property to any person to effect
8-5 the purposes of this chapter;
8-6 (12) request and accept any appropriations, grants,
8-7 allocations, subsidies, guaranties, aid, contributions, services,
8-8 labor, materials, gifts, donations, or money from the federal
8-9 government, this state, any city, any public agency, any political
8-10 subdivision, or any other sources;
8-11 (13) operate and maintain an office;
8-12 (14) appoint and determine the duties, tenure,
8-13 qualifications, compensation, and removal of officers, employees,
8-14 agents, professional advisors, and counselors, including financial
8-15 consultants, accountants, attorneys, architects, engineers,
8-16 appraisers, and financing experts, as are considered necessary or
8-17 advisable by the board;
8-18 (15) borrow money as necessary to acquire, improve, or
8-19 operate facilities on the base property, not to exceed an amount
8-20 determined by the governing body of the city;
8-21 (16) fix, revise from time to time, charge, and
8-22 collect rents, rates, fees, and charges for its facilities and
8-23 services;
8-24 (17) exercise powers granted to a municipality under
8-25 Chapter 380, Local Government Code, for expansion of economic
8-26 development and commercial activity; [and]
9-1 (18) adopt an annual operating budget for all major
9-2 expenditures before the beginning of the fiscal year; and
9-3 (19) exercise the powers granted to general law
9-4 districts in Chapter 49, Water Code, and to municipal utility
9-5 districts in Chapter 54, Water Code, and provide all other utility
9-6 services on an immediate basis without the need for other state
9-7 regulatory approvals and has the unrestricted right to delegate the
9-8 exercise of these powers and the provision of these services to a
9-9 neighboring municipality or other utility providers as may be
9-10 necessary and appropriate to carry out the purposes for which the
9-11 authority was established.
9-12 (b)(1) Notwithstanding any provision of this chapter the
9-13 authority shall continue to be served by the current provider of
9-14 electricity and related services to the authority until September
9-15 1, 2001.
9-16 (2) Before September 1, 2001, the Public Utility
9-17 Commission of Texas shall study the electric utility infrastructure
9-18 of the authority and determine a reasonable purchase price for the
9-19 infrastructure. The authority shall reimburse the commission for
9-20 the cost of hiring a consultant to prepare and present a study of a
9-21 reasonable purchase price for the infrastructure, if the commission
9-22 determines that a consultant is necessary.
9-23 (3) Any delegation of the exercise of power and the
9-24 provision of electric services provided for in Subsection (a)(19)
9-25 shall be effected through a competitive sealed proposal procedure.
9-26 The delegation must be awarded to the responsible offeror whose
10-1 proposal is determined to be the most advantageous to the authority
10-2 after considering the relative importance of price and other
10-3 evaluation factors included in the request for proposals. The
10-4 authority may include as an evaluation factor any criteria the
10-5 board determines to be relevant to the delegation. The authority
10-6 may reject any and all proposals. The authority may not accept a
10-7 proposal for the acquisition of the electric utility infrastructure
10-8 of the authority in which the offered amount is less than the
10-9 reasonable purchase price determined by the Public Utility
10-10 Commission of Texas. The provisions of Chapter 252, Local
10-11 Government Code, including Section 252.042(b) and related
10-12 provisions of the Local Government Code, shall control procedures
10-13 where not otherwise inconsistent with the provisions herein.
10-14 SECTION 7. (a) Except as provided by Subsections (b) and
10-15 (c) of this section, this Act takes effect September 1, 1999.
10-16 (b) Sections 1, 3, and 5 of this Act take effect only if the
10-17 Act of the 76th Legislature, Regular Session, 1999, relating to
10-18 nonsubstantive additions to and corrections in enacted codes takes
10-19 effect.
10-20 (c) Sections 2, 4, and 6 of this Act take effect only if the
10-21 Act of the 76th Legislature, Regular Session, 1999, relating to
10-22 nonsubstantive additions to and corrections in enacted codes does
10-23 not take effect.
10-24 SECTION 8. The importance of this legislation and the
10-25 crowded condition of the calendars in both houses create an
10-26 emergency and an imperative public necessity that the
11-1 constitutional rule requiring bills to be read on three several
11-2 days in each house be suspended, and this rule is hereby suspended.