1-1 By: Duncan S.B. No. 1539
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Veteran Affairs and
1-4 Military Installations; April 3, 2001, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 5, Nays
1-6 0; April 3, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1539 By: Fraser
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the powers of the Lubbock Reese Redevelopment
1-11 Authority.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsections (a) and (c), Section 396.005, Local
1-14 Government Code, are amended to read as follows:
1-15 (a) The authority may exercise, on approval by and in
1-16 coordination with the governor, all the powers necessary or
1-17 convenient to carry out a purpose of this subchapter, including the
1-18 power to:
1-19 (1) sue and be sued to the extent permitted by law,
1-20 and plead and be impleaded, in its own name;
1-21 (2) adopt an official seal and alter it as considered
1-22 advisable;
1-23 (3) adopt and enforce bylaws and rules for the conduct
1-24 of its affairs that are not inconsistent with this subchapter;
1-25 (4) acquire, hold, own, and dispose of its revenues,
1-26 income, receipts, funds, and money from every source;
1-27 (5) select its depository;
1-28 (6) set the fiscal year for the authority;
1-29 (7) establish a complete system of accounts for the
1-30 authority;
1-31 (8) invest funds in accordance with Chapter 2256,
1-32 Government Code;
1-33 (9) acquire, use, own, rent, lease, accept, hold, or
1-34 dispose of any property, or licenses, patents, rights, and other
1-35 interest in that property, by purchase, exchange, gift, assignment,
1-36 condemnation, sale, lease, or any other means, including
1-37 rights-of-way or easements, and hold, manage, operate, or improve
1-38 that property, to perform a duty or exercise a power under this
1-39 subchapter;
1-40 (10) sell, assign, lease, encumber, mortgage, or
1-41 otherwise dispose of any property comprising the base property, or
1-42 any interest in that property, release or relinquish any right,
1-43 title, claim, lien, interest, easement, or demand, however
1-44 acquired, and, notwithstanding any other law, conduct any
1-45 transaction authorized by this subdivision by public or private
1-46 sale;
1-47 (11) lease or rent any land or buildings, structures,
1-48 or facilities located on the base property to any person to carry
1-49 out the purposes of this subchapter;
1-50 (12) request and accept any appropriations, grants,
1-51 allocations, subsidies, guaranties, aid, contributions, services,
1-52 labor, materials, gifts, donations, or money from the federal
1-53 government, the state, any public agency or political subdivision,
1-54 or any other source;
1-55 (13) operate and maintain an office;
1-56 (14) appoint and determine the duties, tenure,
1-57 qualifications, compensation, and removal of officers, employees,
1-58 agents, professional advisors, and counselors, including financial
1-59 consultants, accountants, attorneys, architects, engineers,
1-60 appraisers, and financing experts, as considered necessary or
1-61 advisable by the board;
1-62 (15) borrow money as necessary to acquire, improve, or
1-63 operate facilities on the base property, not to exceed an amount
1-64 determined by the governing body of the municipality;
2-1 (16) fix, revise, charge, and collect rents, rates,
2-2 fees, and charges for its facilities and services;
2-3 (17) exercise the powers granted to municipalities
2-4 under Chapter 380 for expansion of economic development and
2-5 commercial activity;
2-6 (18) adopt an annual operating budget for all major
2-7 expenditures before the beginning of the fiscal year; and
2-8 (19) exercise those powers granted to general law
2-9 districts in Chapter 49, Water Code, and to municipal utility
2-10 districts in Chapter 54, Water Code, and provide all other utility
2-11 services that may be provided by a utility, as that term is defined
2-12 by Section 182.001, Utilities Code, on an immediate basis without
2-13 the need for other state regulatory approvals and has the
2-14 unrestricted right to delegate the exercise of these powers and the
2-15 provision of these services to a neighboring municipality, a
2-16 municipally owned utility, a cooperative corporation, or other
2-17 utility providers as may be necessary and appropriate to carry out
2-18 the purposes for which the authority was established.
2-19 (c)(1) Notwithstanding any provision of this subchapter, the
2-20 authority shall continue to be served by the current provider of
2-21 electricity and related services to the authority until the
2-22 authority delegates the provision of electric services under
2-23 Subsection (a)(19) [September 1, 2001].
2-24 (2) [Before September 1, 2001, the Public Utility
2-25 Commission of Texas shall study the electric utility infrastructure
2-26 of the authority and determine a reasonable purchase price for the
2-27 infrastructure. The authority shall reimburse the commission for
2-28 the cost of hiring a consultant to prepare and present a study of a
2-29 reasonable purchase price for the infrastructure, if the commission
2-30 determines that a consultant is necessary.]
2-31 [(3)] Any delegation of the exercise of power and the
2-32 provision of electric services provided for in Subsection (a)(19)
2-33 may be given only to a neighboring municipality or other utility
2-34 provider, including a municipally owned electric utility or
2-35 electric cooperative, that agrees to upgrade the existing
2-36 electrical system infrastructure so that the authority can carry
2-37 out its intended purpose. The authority shall determine the
2-38 criteria to be used for determining the level of infrastructure
2-39 improvements necessary to encourage the expansion of economic
2-40 development and commercial activity, as provided by Subsection
2-41 (a)(17). The authority may delegate the provision of electric
2-42 services without other state regulatory approval.
2-43 (3) The authority may contract to convey the real and
2-44 personal property related to the supply and distribution of
2-45 electrical power within the authority's boundaries to any
2-46 neighboring municipality or other utility provider, including a
2-47 municipally owned electric utility or electric cooperative, that
2-48 requires the conveyance as a condition to an upgrade prescribed by
2-49 Subdivision (2) [shall be effected through a competitive sealed
2-50 proposal procedure. The delegation must be awarded to the
2-51 responsible offeror whose proposal is determined to be the most
2-52 advantageous to the authority after considering the relative
2-53 importance of price and other evaluation factors included in the
2-54 request for proposals. The authority may include as an evaluation
2-55 factor any criteria the board determines to be relevant to the
2-56 delegation. The authority may reject any and all proposals. The
2-57 authority may not accept a proposal for the acquisition of the
2-58 electric utility infrastructure of the authority in which the
2-59 offered amount is less than the reasonable purchase price
2-60 determined by the Public Utility Commission of Texas. The
2-61 provisions of Chapter 252, including Section 252.042(b) and related
2-62 provisions of this code, shall control procedures where not
2-63 otherwise inconsistent with the provisions herein].
2-64 SECTION 2. The heading to Subchapter A, Chapter 396, Local
2-65 Government Code, is amended to read as follows:
2-66 SUBCHAPTER A. LUBBOCK REESE REDEVELOPMENT
2-67 [DEVELOPMENT] AUTHORITY
2-68 SECTION 3. This Act takes effect immediately if it receives
2-69 a vote of two-thirds of all the members elected to each house, as
3-1 provided by Section 39, Article III, Texas Constitution. If this
3-2 Act does not receive the vote necessary for immediate effect, this
3-3 Act takes effect September 1, 2001.
3-4 * * * * *