1-1 AN ACT
1-2 relating to the powers of the Lubbock Reese Redevelopment
1-3 Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a) and (c), Section 396.005, Local
1-6 Government Code, are amended to read as follows:
1-7 (a) The authority may exercise, on approval by and in
1-8 coordination with the governor, all the powers necessary or
1-9 convenient to carry out a purpose of this subchapter, including the
1-10 power to:
1-11 (1) sue and be sued to the extent permitted by law,
1-12 and plead and be impleaded, in its own name;
1-13 (2) adopt an official seal and alter it as considered
1-14 advisable;
1-15 (3) adopt and enforce bylaws and rules for the conduct
1-16 of its affairs that are not inconsistent with this subchapter;
1-17 (4) acquire, hold, own, and dispose of its revenues,
1-18 income, receipts, funds, and money from every source;
1-19 (5) select its depository;
1-20 (6) set the fiscal year for the authority;
1-21 (7) establish a complete system of accounts for the
1-22 authority;
1-23 (8) invest funds in accordance with Chapter 2256,
1-24 Government Code;
1-25 (9) acquire, use, own, rent, lease, accept, hold, or
2-1 dispose of any property, or licenses, patents, rights, and other
2-2 interest in that property, by purchase, exchange, gift, assignment,
2-3 condemnation, sale, lease, or any other means, including
2-4 rights-of-way or easements, and hold, manage, operate, or improve
2-5 that property, to perform a duty or exercise a power under this
2-6 subchapter;
2-7 (10) sell, assign, lease, encumber, mortgage, or
2-8 otherwise dispose of any property comprising the base property, or
2-9 any interest in that property, release or relinquish any right,
2-10 title, claim, lien, interest, easement, or demand, however
2-11 acquired, and, notwithstanding any other law, conduct any
2-12 transaction authorized by this subdivision by public or private
2-13 sale;
2-14 (11) lease or rent any land or buildings, structures,
2-15 or facilities located on the base property to any person to carry
2-16 out the purposes of this subchapter;
2-17 (12) request and accept any appropriations, grants,
2-18 allocations, subsidies, guaranties, aid, contributions, services,
2-19 labor, materials, gifts, donations, or money from the federal
2-20 government, the state, any public agency or political subdivision,
2-21 or any other source;
2-22 (13) operate and maintain an office;
2-23 (14) appoint and determine the duties, tenure,
2-24 qualifications, compensation, and removal of officers, employees,
2-25 agents, professional advisors, and counselors, including financial
2-26 consultants, accountants, attorneys, architects, engineers,
3-1 appraisers, and financing experts, as considered necessary or
3-2 advisable by the board;
3-3 (15) borrow money as necessary to acquire, improve, or
3-4 operate facilities on the base property, not to exceed an amount
3-5 determined by the governing body of the municipality;
3-6 (16) fix, revise, charge, and collect rents, rates,
3-7 fees, and charges for its facilities and services;
3-8 (17) exercise the powers granted to municipalities
3-9 under Chapter 380 for expansion of economic development and
3-10 commercial activity;
3-11 (18) adopt an annual operating budget for all major
3-12 expenditures before the beginning of the fiscal year; and
3-13 (19) exercise those powers granted to general law
3-14 districts in Chapter 49, Water Code, and to municipal utility
3-15 districts in Chapter 54, Water Code, and provide all other utility
3-16 services that may be provided by an electric, gas, or water utility
3-17 on an immediate basis without the need for other state regulatory
3-18 approvals and has the unrestricted right to delegate the exercise
3-19 of these powers and the provision of these services to a
3-20 neighboring municipality, a municipally owned utility, a
3-21 cooperative corporation, or other utility providers as may be
3-22 necessary and appropriate to carry out the purposes for which the
3-23 authority was established.
3-24 (c)(1) Notwithstanding any provision of this subchapter, the
3-25 authority shall continue to be served by the current provider of
3-26 electricity and related services to the authority until the
4-1 authority delegates the provision of electric services under
4-2 Subsection (a)(19) [September 1, 2001].
4-3 (2) [Before September 1, 2001, the Public Utility
4-4 Commission of Texas shall study the electric utility infrastructure
4-5 of the authority and determine a reasonable purchase price for the
4-6 infrastructure. The authority shall reimburse the commission for
4-7 the cost of hiring a consultant to prepare and present a study of a
4-8 reasonable purchase price for the infrastructure, if the commission
4-9 determines that a consultant is necessary.]
4-10 [(3)] Any delegation of the exercise of power and the
4-11 provision of electric services provided for in Subsection (a)(19)
4-12 may be given only to a neighboring municipality or other utility
4-13 provider, including a municipally owned electric utility or
4-14 electric cooperative, that agrees to upgrade the existing
4-15 electrical system infrastructure so that the authority can carry
4-16 out its intended purpose. The authority shall determine the
4-17 criteria to be used for determining the level of infrastructure
4-18 improvements necessary to encourage the expansion of economic
4-19 development and commercial activity, as provided by Subsection
4-20 (a)(17). The authority may delegate the provision of electric
4-21 services without other state regulatory approval.
4-22 (3) The authority may contract to convey the real and
4-23 personal property related to the supply and distribution of
4-24 electrical power within the authority's boundaries to any
4-25 neighboring municipality or other utility provider, including a
4-26 municipally owned electric utility or electric cooperative, that
5-1 requires the conveyance as a condition to an upgrade prescribed by
5-2 Subdivision (2) [shall be effected through a competitive sealed
5-3 proposal procedure. The delegation must be awarded to the
5-4 responsible offeror whose proposal is determined to be the most
5-5 advantageous to the authority after considering the relative
5-6 importance of price and other evaluation factors included in the
5-7 request for proposals. The authority may include as an evaluation
5-8 factor any criteria the board determines to be relevant to the
5-9 delegation. The authority may reject any and all proposals. The
5-10 authority may not accept a proposal for the acquisition of the
5-11 electric utility infrastructure of the authority in which the
5-12 offered amount is less than the reasonable purchase price
5-13 determined by the Public Utility Commission of Texas. The
5-14 provisions of Chapter 252, including Section 252.042(b) and related
5-15 provisions of this code, shall control procedures where not
5-16 otherwise inconsistent with the provisions herein].
5-17 SECTION 2. The heading to Subchapter A, Chapter 396, Local
5-18 Government Code, is amended to read as follows:
5-19 SUBCHAPTER A. LUBBOCK REESE REDEVELOPMENT
5-20 [DEVELOPMENT] AUTHORITY
5-21 SECTION 3. This Act takes effect immediately if it receives
5-22 a vote of two-thirds of all the members elected to each house, as
5-23 provided by Section 39, Article III, Texas Constitution. If this
5-24 Act does not receive the vote necessary for immediate effect, this
5-25 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1539 passed the Senate on
April 20, 2001, by the following vote: Yeas 28, Nays 0, one
present, not voting; and that the Senate concurred in House
amendment on May 17, 2001, by the following vote: Yeas 30, Nays 0,
one present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1539 passed the House, with
amendment, on May 11, 2001, by the following vote: Yeas 141,
Nays 0, two present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor