SRC-AMY H.B. 2540 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2540
78R12539 MXM-DBy: Menendez (Van de Putte)
Veteran Affairs & Military Installations
5/20/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, defense base development authorities (authority) are
given broad powers and duties relating to the development and
redevelopment of military bases that are closed or realigned under the
federal Defense Base Realignment Closure Act of 1990.  An authority's
purpose is to engage in the economic development of the base property and
areas around the base property; however, property, desired for the
development or redevelopment of closed bases, can be difficult to acquire.
H.B. 2540 grants a defense base development authority the power of eminent
domain to acquire property in or adjacent to the base property within the
framework of the Property Code's chapter regulating eminent domain.  This
bill also requires the authority, before moving ahead with acquiring
property through eminent domain, to meet certain criteria, including
adopting a master development and redevelopment plan and incorporating and
approving the plan as part of the master plan of the municipality in which
the base property is located, and making certain findings after conducting
a public hearing. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 378, Local Government Code, by adding Section
378.0045, as follows: 

Sec. 378.0045.  EMINENT DOMAIN.  (a)  Authorizes a defense development
authority established under this chapter (authority) to exercise the power
of eminent domain to acquire property in or adjacent to the base property
only in the manner provided by Chapter 21 (Eminent Domain), Property Code. 

(b)  Requires the board of directors of the authority, before the
authority initiates an eminent domain proceeding to acquire property, to
adopt a master development and redevelopment plan for the property in or
adjacent to the base property and incorporate and approve the plan as part
of the master plan of the municipality in which the base property is
located and make certain findings after conducting a public hearing. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.