1-1 By: Duncan S.B. No. 1427
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Veteran Affairs and
1-4 Military Installations; April 22, 1999, reported favorably by the
1-5 following vote: Yeas 3, Nays 0; April 22, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the powers of the Lubbock Reese Redevelopment
1-9 Authority, including the power of eminent domain, the imposition of
1-10 taxes, and the issuance of bonds.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 396.001, Local Government Code, is
1-13 amended by adding Subdivision (6) to read as follows:
1-14 (6) "Eligible project" means a project necessary or
1-15 incidental to the industrial, commercial, or business development,
1-16 redevelopment, maintenance, and expansion of new and existing
1-17 businesses on the property, now or formerly known as Reese Air
1-18 Force Base, described in Section 396.009, including the
1-19 acquisition, construction, operation, maintenance, enhancement, or
1-20 disposal of:
1-21 (A) roads, bridges, and rights-of-way;
1-22 (B) housing;
1-23 (C) real and personal property;
1-24 (D) police, fire, medical, cultural,
1-25 educational, and research services, equipment, institutions, and
1-26 resources;
1-27 (E) other community support services;
1-28 (F) flood control, water, wastewater treatment,
1-29 and all other utility facilities; and
1-30 (G) other infrastructure improvements.
1-31 SECTION 2. Section 2311.001, Government Code, is amended by
1-32 adding Subdivision (6) to read as follows:
1-33 (6) "Eligible project" means a project necessary or
1-34 incidental to the industrial, commercial, or business development,
1-35 redevelopment, maintenance, and expansion of new and existing
1-36 businesses on the property, now or formerly known as Reese Air
1-37 Force Base, described in Section 2311.026, including the
1-38 acquisition, construction, operation, maintenance, enhancement, or
1-39 disposal of:
1-40 (A) roads, bridges, and rights-of-way;
1-41 (B) housing;
1-42 (C) real and personal property;
1-43 (D) police, fire, medical, cultural,
1-44 educational, and research services, equipment, institutions, and
1-45 resources;
1-46 (E) other community support services;
1-47 (F) flood control, water, wastewater treatment,
1-48 and all other utility facilities; and
1-49 (G) other infrastructure improvements.
1-50 SECTION 3. Section 396.004, Local Government Code, is
1-51 amended by adding Subsection (e) to read as follows:
1-52 (e) The authority is created to undertake eligible projects
1-53 as defined in Section 396.001(6).
1-54 SECTION 4. Section 2311.021, Government Code, is amended by
1-55 adding Subsection (e) to read as follows:
1-56 (e) The authority is created to undertake eligible projects
1-57 as defined in Section 2311.001(6).
1-58 SECTION 5. Subsection (a), Section 396.005, Local Government
1-59 Code, is amended to read as follows:
1-60 (a) The authority may exercise, on approval by and in
1-61 coordination with the governor, all the powers necessary or
1-62 convenient to carry out a purpose of this subchapter, including the
1-63 power to:
1-64 (1) sue and be sued to the extent permitted by law,
2-1 and plead and be impleaded, in its own name;
2-2 (2) adopt an official seal and alter it as considered
2-3 advisable;
2-4 (3) adopt and enforce bylaws and rules for the conduct
2-5 of its affairs that are not inconsistent with this subchapter;
2-6 (4) acquire, hold, own, and dispose of its revenues,
2-7 income, receipts, funds, and money from every source;
2-8 (5) select its depository;
2-9 (6) set the fiscal year for the authority;
2-10 (7) establish a complete system of accounts for the
2-11 authority;
2-12 (8) invest funds in accordance with Chapter 2256,
2-13 Government Code;
2-14 (9) acquire, use, own, rent, lease, accept, hold, or
2-15 dispose of any property, or licenses, patents, rights, and other
2-16 interest in that property, by purchase, exchange, gift, assignment,
2-17 condemnation, sale, lease, or any other means, including
2-18 rights-of-way or easements, and hold, manage, operate, or improve
2-19 that property, to perform a duty or exercise a power under this
2-20 subchapter;
2-21 (10) sell, assign, lease, encumber, mortgage, or
2-22 otherwise dispose of any property comprising the base property, or
2-23 any interest in that property, release or relinquish any right,
2-24 title, claim, lien, interest, easement, or demand, however
2-25 acquired, and, notwithstanding any other law, conduct any
2-26 transaction authorized by this subdivision by public or private
2-27 sale;
2-28 (11) lease or rent any land or buildings, structures,
2-29 or facilities located on the base property to any person to carry
2-30 out the purposes of this subchapter;
2-31 (12) request and accept any appropriations, grants,
2-32 allocations, subsidies, guaranties, aid, contributions, services,
2-33 labor, materials, gifts, donations, or money from the federal
2-34 government, the state, any public agency or political subdivision,
2-35 or any other source;
2-36 (13) operate and maintain an office;
2-37 (14) appoint and determine the duties, tenure,
2-38 qualifications, compensation, and removal of officers, employees,
2-39 agents, professional advisors, and counselors, including financial
2-40 consultants, accountants, attorneys, architects, engineers,
2-41 appraisers, and financing experts, as considered necessary or
2-42 advisable by the board;
2-43 (15) borrow money as necessary to acquire, improve, or
2-44 operate facilities on the base property, not to exceed an amount
2-45 determined by the governing body of the municipality;
2-46 (16) fix, revise, charge, and collect rents, rates,
2-47 fees, and charges for its facilities and services;
2-48 (17) exercise the powers granted to municipalities
2-49 under Chapter 380 for expansion of economic development and
2-50 commercial activity; [and]
2-51 (18) adopt an annual operating budget for all major
2-52 expenditures before the beginning of the fiscal year; and
2-53 (19) exercise those powers granted to general law
2-54 districts in Chapter 49, Water Code, and to municipal utility
2-55 districts in Chapter 54, Water Code, and provide all other utility
2-56 services on an immediate basis without the need for other state
2-57 regulatory approvals and has the unrestricted right to delegate the
2-58 exercise of these powers and the provision of these services to a
2-59 neighboring municipality or other utility providers as may be
2-60 necessary and appropriate to carry out the purposes for which the
2-61 authority was established.
2-62 SECTION 6. Section 2311.022, Government Code, is amended to
2-63 read as follows:
2-64 Sec. 2311.022. Powers and Duties of Authority. The
2-65 authority has and may exercise, on approval by and in coordination
2-66 with the governor, all the powers necessary or convenient to carry
2-67 out or to effect a purpose of this chapter, including the power to:
2-68 (1) sue and be sued to the extent permitted by law,
2-69 and plead and be impleaded, in its own name, and in such a suit the
3-1 authority may not be required to give security for costs or a
3-2 supersedeas or cost bond in an appeal of a judgment;
3-3 (2) adopt an official seal and alter it as considered
3-4 advisable;
3-5 (3) adopt and enforce bylaws and rules for the conduct
3-6 of its affairs not inconsistent with this chapter;
3-7 (4) acquire, hold, own, and dispose of its revenues,
3-8 income, receipts, funds, and money from every source;
3-9 (5) select its depository or depositories;
3-10 (6) set the fiscal year for the authority;
3-11 (7) establish a complete system of accounts for the
3-12 authority;
3-13 (8) invest funds in accordance with Chapter 2256;
3-14 (9) acquire, use, own, rent, lease, accept, hold, or
3-15 dispose of any real, personal, or mixed property, licenses,
3-16 patents, rights, and other interest in that property, by purchase,
3-17 exchange, gift, assignment, condemnation, sale, lease, or any other
3-18 means, including rights-of-way or easements, and hold, manage,
3-19 operate, or improve that property, to perform the duties and
3-20 exercise any of the powers under this chapter;
3-21 (10) sell, assign, lease, encumber, mortgage, or
3-22 otherwise dispose of any real, personal, or mixed property
3-23 comprising the base property, or any interest in that property,
3-24 release or relinquish any right, title, claim, lien, interest,
3-25 easement, or demand, however acquired, and conduct any of those
3-26 transactions by public or private sale, notwithstanding any other
3-27 law;
3-28 (11) lease or rent any land or buildings, structures,
3-29 or facilities located on the base property to any person to effect
3-30 the purposes of this chapter;
3-31 (12) request and accept any appropriations, grants,
3-32 allocations, subsidies, guaranties, aid, contributions, services,
3-33 labor, materials, gifts, donations, or money from the federal
3-34 government, this state, any city, any public agency, any political
3-35 subdivision, or any other sources;
3-36 (13) operate and maintain an office;
3-37 (14) appoint and determine the duties, tenure,
3-38 qualifications, compensation, and removal of officers, employees,
3-39 agents, professional advisors, and counselors, including financial
3-40 consultants, accountants, attorneys, architects, engineers,
3-41 appraisers, and financing experts, as are considered necessary or
3-42 advisable by the board;
3-43 (15) borrow money as necessary to acquire, improve, or
3-44 operate facilities on the base property, not to exceed an amount
3-45 determined by the governing body of the city;
3-46 (16) fix, revise from time to time, charge, and
3-47 collect rents, rates, fees, and charges for its facilities and
3-48 services;
3-49 (17) exercise powers granted to a municipality under
3-50 Chapter 380, Local Government Code, for expansion of economic
3-51 development and commercial activity; [and]
3-52 (18) adopt an annual operating budget for all major
3-53 expenditures before the beginning of the fiscal year; and
3-54 (19) exercise the powers granted to general law
3-55 districts in Chapter 49, Water Code, and to municipal utility
3-56 districts in Chapter 54, Water Code, and provide all other utility
3-57 services on an immediate basis without the need for other state
3-58 regulatory approvals and has the unrestricted right to delegate the
3-59 exercise of these powers and the provision of these services to a
3-60 neighboring municipality or other utility providers as may be
3-61 necessary and appropriate to carry out the purposes for which the
3-62 authority was established.
3-63 SECTION 7. (a) Except as provided by Subsections (b) and
3-64 (c) of this section, this Act takes effect September 1, 1999.
3-65 (b) Sections 1, 3, and 5 of this Act take effect only if the
3-66 Act of the 76th Legislature, Regular Session, 1999, relating to
3-67 nonsubstantive additions to and corrections in enacted codes takes
3-68 effect.
3-69 (c) Sections 2, 4, and 6 of this Act take effect only if the
4-1 Act of the 76th Legislature, Regular Session, 1999, relating to
4-2 nonsubstantive additions to and corrections in enacted codes does
4-3 not take effect.
4-4 SECTION 8. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.
4-9 * * * * *