C.S.H.B. 2540 78(R)    BILL ANALYSIS


C.S.H.B. 2540
By: Menendez
Defense Affairs and State-Federal Relations
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, Defense Base Authorities 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 Closure and
Realignment Act of 1990.  A Defense Base Authority's purpose is to engage
in the economic development of the base property and areas around the base
property;  however, property, essential for the orderly development or
redevelopment of closed bases, can be difficult to acquire.  C.S.H.B. 2540
seeks to grant a defense base development authority the power of eminent
domain in order to more efficiently acquire private property needed to
engage in the economic development.  Moreover, the power of eminent domain
will be granted only if the objectives are consistent with the surrounding
municipality's adopted development plan. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

SECTION 1.  Amends the Local Government Code to allow an authority to
exercise the power of eminent domain in order to acquire property in or
adjacent to the base property only if the board adopts a master plan for
base development and incorporates and approves the plan as part of the
master plan of the municipality in which the base property is located.
Also, the power of eminent domain may be used only if the board, after
conducting a public hearing, finds it necessary to carry out the essential
objectives of the base plan and that notice of the hearing was published
in a newspaper of general circulation no later than the 15th day before
the date of the hearing. 

SECTION 2.  Effective Date:  September 1, 2003, unless the Act receives
the necessary votes for immediate effect. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original version of the bill in SECTION 1 by
placing restrictions on a defense base development authority's use of the
power of eminent domain, including adopting a master plan, a publication
in a newspaper, and a determination that the use of eminent domain is
necessary to carry out the objectives of the base plan.