By Isett H.B. No. 3436
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 related to the powers of Lubbock Reese Redevelopment Authority.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 396.005(c), Local Government Code, is
1-5 amended to read as follows:
1-6 (1) Notwithstanding any provision of this subchapter,
1-7 the authority shall continue to be served by the current provider
1-8 of electricity and related services to the authority until
1-9 [September 1, 2001] a delegation of the provision of electric
1-10 services is made by the authority under Subsections (a)(19) and
1-11 (c)(3).
1-12 (2) [Before September 1, 2001, the Public Utility
1-13 Commission of Texas shall study the electric utility infrastructure
1-14 of the authority and determine a reasonable purchase price for the
1-15 infrastructure. The authority shall reimburse the commission for
1-16 the cost of hiring a consultant to prepare and present a study of a
1-17 reasonable purchase price for the infrastructure, if the commission
1-18 determines that a consultant is necessary] It has been determined
1-19 that the electrical system infrastructure in place at what was
1-20 formally known as Reese Air Force Base, is not able to supply
1-21 electricity of sufficient quality and reliability within the
1-22 boundaries of the authority. This inadequacy has inhibited the
1-23 authority from exercising its power pursuant to Subsection (a)(17)
2-1 to expand economic development and commercial activity.
2-2 (3) [Any delegation of the exercise of power and the
2-3 provision of electric services provided for in Subsection (a)(19)
2-4 shall be effected through a competitive sealed proposal procedure.
2-5 The delegation must be awarded to the responsible offeror whose
2-6 proposal is determined to be the most advantageous to the authority
2-7 after considering the relative importance of price and other
2-8 evaluation factors included in the request for proposals. The
2-9 authority may include as an evaluation factor any criteria the
2-10 board determines to be relevant to the delegation. The authority
2-11 may reject any and all proposals. The authority may not accept a
2-12 proposal for the acquisition of the electric utility infrastructure
2-13 of the authority in which the offered amount is less than the
2-14 reasonable purchase price determined by the Public Utility
2-15 Commission of Texas. The provisions of Chapter 252, including
2-16 Section 253.042(b) and related provisions of this code, shall
2-17 control procedures where not otherwise inconsistent with the
2-18 provisions herein] Because of the condition of the electrical
2-19 system infrastructure, any delegation of the exercise of power and
2-20 the provision of electric services provided for in Subsection
2-21 (a)(19) shall only be given to those neighboring municipalities or
2-22 other utility providers that agree to undertake the steps necessary
2-23 to upgrade the existing electrical system infrastructure so that
2-24 the authority will be able to carry out its purpose in conducting
2-25 eligible projects and be able to exercise its power to expand
2-26 economic development and commercial activity. The authority shall
3-1 determine the criteria to be used to determine the level of
3-2 upgrading required to be conducted in order to allow the authority
3-3 to adequately exercise its power pursuant to Subsection (a)(17).
3-4 Such delegation shall be accomplished without the need for other
3-5 state regulatory approval.
3-6 (4) The authority shall have the power to contract to
3-7 convey the real and personal property related to the supply and
3-8 distribution of electrical power within the authority's boundaries
3-9 to any neighboring municipality or other utility providers that
3-10 require such conveyance as a condition to such upgrades as
3-11 discussed in Subsection (c)(3).
3-12 SECTION 2. This Act takes effect immediately if it receives
3-13 a vote of two-thirds of all the members elected to each house, as
3-14 provided by Section 39, Article III, Texas Constitution. If this
3-15 Act does not receive the vote necessary for immediate effect, this
3-16 Act takes effect September 1, 2001.