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.