By:  Duncan                                           S.B. No. 1427
         99S0538/2                           
                                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.  Subsection (a), Section 396.005, Local Government
 3-2     Code, is amended to read as follows:
 3-3           (a)  The authority may exercise, on approval by and in
 3-4     coordination with the governor, all the powers necessary or
 3-5     convenient to carry out a purpose of this subchapter, including the
 3-6     power to:
 3-7                 (1)  sue and be sued to the extent permitted by law,
 3-8     and plead and be impleaded, in its own name;
 3-9                 (2)  adopt an official seal and alter it as considered
3-10     advisable;
3-11                 (3)  adopt and enforce bylaws and rules for the conduct
3-12     of its affairs that are not inconsistent with this subchapter;
3-13                 (4)  acquire, hold, own, and dispose of its revenues,
3-14     income, receipts, funds, and money from every source;
3-15                 (5)  select its depository;
3-16                 (6)  set the fiscal year for the authority;
3-17                 (7)  establish a complete system of accounts for the
3-18     authority;
3-19                 (8)  invest funds in accordance with Chapter 2256,
3-20     Government Code;
3-21                 (9)  acquire, use, own, rent, lease, accept, hold, or
3-22     dispose of any property, or licenses, patents, rights, and other
3-23     interest in that property, by purchase, exchange, gift, assignment,
3-24     condemnation, sale, lease, or any other means, including
3-25     rights-of-way or easements, and hold, manage, operate, or improve
3-26     that property, to perform a duty or exercise a power under this
 4-1     subchapter;
 4-2                 (10)  sell, assign, lease, encumber, mortgage, or
 4-3     otherwise dispose of any property comprising the base property, or
 4-4     any interest in that property, release or relinquish any right,
 4-5     title, claim, lien, interest, easement, or demand, however
 4-6     acquired, and, notwithstanding any other law, conduct any
 4-7     transaction authorized by this subdivision by public or private
 4-8     sale;
 4-9                 (11)  lease or rent any land or buildings, structures,
4-10     or facilities located on the base property to any person to carry
4-11     out the purposes of this subchapter;
4-12                 (12)  request and accept any appropriations, grants,
4-13     allocations, subsidies, guaranties, aid, contributions, services,
4-14     labor, materials, gifts, donations, or money from the federal
4-15     government, the state, any public agency or political subdivision,
4-16     or any other source;
4-17                 (13)  operate and maintain an office;
4-18                 (14)  appoint and determine the duties, tenure,
4-19     qualifications, compensation, and removal of officers, employees,
4-20     agents, professional advisors, and counselors, including financial
4-21     consultants, accountants, attorneys, architects, engineers,
4-22     appraisers, and financing experts, as considered necessary or
4-23     advisable by the board;
4-24                 (15)  borrow money as necessary to acquire, improve, or
4-25     operate facilities on the base property, not to exceed an amount
4-26     determined by the governing body of the municipality;
 5-1                 (16)  fix, revise, charge, and collect rents, rates,
 5-2     fees, and charges for its facilities and services;
 5-3                 (17)  exercise the powers granted to municipalities
 5-4     under Chapter 380 for expansion of economic development and
 5-5     commercial activity; [and]
 5-6                 (18)  adopt an annual operating budget for all major
 5-7     expenditures before the beginning of the fiscal year; and
 5-8                 (19)  exercise those powers granted to general law
 5-9     districts in Chapter 49, Water Code, and to municipal utility
5-10     districts in Chapter 54, Water Code, and provide all other utility
5-11     services on an immediate basis without the need for other state
5-12     regulatory approvals and has the unrestricted right to delegate the
5-13     exercise of these powers and the provision of these services to a
5-14     neighboring municipality or other utility providers as may be
5-15     necessary and appropriate to carry out the purposes for which the
5-16     authority was established.
5-17           SECTION 6.  Section 2311.022, Government Code, is amended to
5-18     read as follows:
5-19           Sec. 2311.022.  Powers and Duties of Authority.  The
5-20     authority has and may exercise, on approval by and in coordination
5-21     with the governor, all the powers necessary or convenient to carry
5-22     out or to effect a purpose of this chapter, including the power to:
5-23                 (1)  sue and be sued to the extent permitted by law,
5-24     and plead and be impleaded, in its own name, and in such a suit the
5-25     authority may not be required to give security for costs or a
5-26     supersedeas or cost bond in an appeal of a judgment;
 6-1                 (2)  adopt an official seal and alter it as considered
 6-2     advisable;
 6-3                 (3)  adopt and enforce bylaws and rules for the conduct
 6-4     of its affairs not inconsistent with this chapter;
 6-5                 (4)  acquire, hold, own, and dispose of its revenues,
 6-6     income, receipts, funds, and money from every source;
 6-7                 (5)  select its depository or depositories;
 6-8                 (6)  set the fiscal year for the authority;
 6-9                 (7)  establish a complete system of accounts for the
6-10     authority;
6-11                 (8)  invest funds in accordance with Chapter 2256;
6-12                 (9)  acquire, use, own, rent, lease, accept, hold, or
6-13     dispose of any real, personal, or mixed property, licenses,
6-14     patents, rights, and other interest in that property, by purchase,
6-15     exchange, gift, assignment, condemnation, sale, lease, or any other
6-16     means, including rights-of-way or easements, and hold, manage,
6-17     operate, or improve that property, to perform the duties and
6-18     exercise any of the powers under this chapter;
6-19                 (10)  sell, assign, lease, encumber, mortgage, or
6-20     otherwise dispose of any real, personal, or mixed property
6-21     comprising the base property, or any interest in that property,
6-22     release or relinquish any right, title, claim, lien, interest,
6-23     easement, or demand, however acquired, and conduct any of those
6-24     transactions by public or private sale, notwithstanding any other
6-25     law;
6-26                 (11)  lease or rent any land or buildings, structures,
 7-1     or facilities located on the base property to any person to effect
 7-2     the purposes of this chapter;
 7-3                 (12)  request and accept any appropriations, grants,
 7-4     allocations, subsidies, guaranties, aid, contributions, services,
 7-5     labor, materials, gifts, donations, or money from the federal
 7-6     government, this state, any city, any public agency, any political
 7-7     subdivision, or any other sources;
 7-8                 (13)  operate and maintain an office;
 7-9                 (14)  appoint and determine the duties, tenure,
7-10     qualifications, compensation, and removal of officers, employees,
7-11     agents, professional advisors, and counselors, including financial
7-12     consultants, accountants, attorneys, architects, engineers,
7-13     appraisers, and financing experts, as are considered necessary or
7-14     advisable by the board;
7-15                 (15)  borrow money as necessary to acquire, improve, or
7-16     operate facilities on the base property, not to exceed an amount
7-17     determined by the governing body of the city;
7-18                 (16)  fix, revise from time to time, charge, and
7-19     collect rents, rates, fees, and charges for its facilities and
7-20     services;
7-21                 (17)  exercise powers granted to a municipality under
7-22     Chapter 380, Local Government Code, for expansion of economic
7-23     development and commercial activity; [and]
7-24                 (18)  adopt an annual operating budget for all major
7-25     expenditures before the beginning of the fiscal year; and
7-26                 (19)  exercise the powers granted to general law
 8-1     districts in Chapter 49, Water Code, and to municipal utility
 8-2     districts in Chapter 54, Water Code, and provide all other utility
 8-3     services on an immediate basis without the need for other state
 8-4     regulatory approvals and has the unrestricted right to delegate the
 8-5     exercise of these powers and the provision of these services to a
 8-6     neighboring municipality or other utility providers as may be
 8-7     necessary and appropriate to carry out the purposes for which the
 8-8     authority was established.
 8-9           SECTION 7.  (a)  Except as provided by Subsections (b) and
8-10     (c) of this section, this Act takes effect September 1, 1999.
8-11           (b)  Sections 1, 3, and 5 of this Act take effect only if the
8-12     Act of the 76th Legislature, Regular Session, 1999, relating to
8-13     nonsubstantive additions to and corrections in enacted codes takes
8-14     effect.
8-15           (c)  Sections 2, 4, and 6 of this Act take effect only if the
8-16     Act of the 76th Legislature, Regular Session, 1999, relating to
8-17     nonsubstantive additions to and corrections in enacted codes does
8-18     not take effect.
8-19           SECTION 8.  The importance of this legislation and the
8-20     crowded condition of the calendars in both houses create an
8-21     emergency and an imperative public necessity that the
8-22     constitutional rule requiring bills to be read on three several
8-23     days in each house be suspended, and this rule is hereby suspended.