This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
78R6440 MCK-D
By: Shapleigh S.B. No. 652
A BILL TO BE ENTITLED
AN ACT
relating to economic development, strategic planning, and other
issues regarding military facilities, and the merger of certain
state agencies with aerospace or military responsibilities;
granting authority to issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be known as the Military
Preparedness Act.
SECTION 2. The Military Preparedness Act represents a
proactive response to the presently evolving transformation of
national defense strategies. It clearly conveys this state's
intent to create a business climate that is favorable to defense
installations and activities through legislation that assists in
reducing base operating costs while enhancing military value. To
realign existing infrastructure and generate cost savings
necessary for these new defense strategies, the United States
Department of Defense will undergo another round of base
realignment and closure in 2005. Our military installations and
defense-related businesses are vital to the state's economy. The
United States Department of Defense is Texas' largest employer,
employing 228,790 persons in the year 2000. The $20.9 billion in
military expenditures made in fiscal year 2000 had a total economic
impact of approximately $49.3 billion on the state. It is clearly
evident that the legislature must develop programs to assist
communities in adding military value to their local defense
installations if Texas is to maintain its strong military heritage
and presence.
SECTION 3. Chapter 436, Government Code, is amended and
reorganized into Subchapters A-D to read as follows:
CHAPTER 436. TEXAS DEFENSE, AVIATION, AND SPACE [STRATEGIC
MILITARY PLANNING] COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 436.001. DEFINITION. In this chapter, "commission"
means the Texas Defense, Aviation, and Space [Strategic Military
Planning] Commission.
Sec. 436.002. COMMISSION. The commission is within the
office of the governor.
Sec. 436.003. SUNSET PROVISION. The commission is subject
to Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the commission is abolished and this
chapter expires September 1, 2007.
[Sections 436.004-436.050 reserved for expansion]
SUBCHAPTER B. ORGANIZATION AND ADMINISTRATION
Sec. 436.051 [436.003]. COMPOSITION; ELIGIBILITY. (a) The
commission is composed of nine members appointed by the governor.
To be eligible for appointment, a person must have demonstrated
experience in military issues, commercial aviation, national
defense, space research or operations, economic development in the
private sector, marketing, banking, or research and development in
science or engineering[:
[(1) nine public members, appointed by the governor;
and
[(2) the following ex officio members:
[(A) the chair of the committee of the Texas
House of Representatives that has primary jurisdiction of matters
concerning state, federal, and international relations; and
[(B) the chair of the committee of the Texas
Senate that has primary jurisdiction of matters concerning veteran
affairs and military installations].
(b) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Sec. 436.052 [436.004]. TERMS AND OFFICERS. (a) The nine
[public] members of the commission serve staggered terms of six
[three] years with the terms of one-third of the members expiring
February 1 of each odd-numbered year. [A legislative member vacates
the person's position on the commission if the person ceases to be
the chair of the applicable legislative committee.]
(b) The governor shall designate a member of the commission
as the presiding officer of the commission to serve in that capacity
at the pleasure of the governor [from among the members of the
commission].
Sec. 436.053 [436.005]. COMPENSATION AND EXPENSES. A
[public] member of the commission is not entitled to compensation
but is entitled to reimbursement, from commission funds, for the
travel expenses incurred by the member while conducting the
business of the commission, as provided by the General
Appropriations Act. [The entitlement of a legislative member to
compensation or reimbursement for travel expenses is governed by
the law applying to the member's service in that underlying
position, and any payments to the member shall be made from the
appropriate funds of the applicable house of the legislature.]
Sec. 436.054 [436.006]. MEETINGS[; OPEN GOVERNMENT]. [(a)]
The commission shall meet at least quarterly. The commission may
meet at other times at the call of the presiding officer or as
provided by the rules of the commission.
[(b) The commission is a governmental body for purposes of
the open meetings law, Chapter 551.]
Sec. 436.055. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the commission and may
not be a commission employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of military,
aerospace, or aviation affairs; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of military,
aerospace, or aviation affairs.
(c) A person may not be a member of the commission or act as
the general counsel to the commission if the person is required to
register as a lobbyist under Chapter 305 because of the person's
activities for compensation on behalf of a profession related to
the operation of the commission.
Sec. 436.056. TRAINING PROGRAM. (a) A person who is
appointed to and qualifies for office as a member of the commission
may not vote, deliberate, or be counted as a member in attendance at
a meeting of the commission until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 436.057. REMOVAL. (a) It is a ground for removal from
the commission that a member:
(1) does not have at the time of taking office the
qualifications required by Section 436.051(a);
(2) does not maintain during service on the commission
the qualifications required by Section 436.051(a);
(3) is ineligible for membership under Section
436.055;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the commission of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the commission, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 436.058. EXECUTIVE DIRECTOR. (a) The commission
shall hire an executive director to serve as the chief executive
officer of the commission and to perform the administrative duties
of the commission.
(b) The executive director serves at the will of the
commission.
(c) The executive director may hire staff within guidelines
established by the commission.
Sec. 436.059. PUBLIC ACCESS. The commission shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the commission and to speak on any
issue under the jurisdiction of the commission.
Sec. 436.060. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
executive director or the executive director's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the commission to avoid the
unlawful employment practices described by Chapter 21, Labor Code;
and
(2) an analysis of the extent to which the composition
of the commission's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Sec. 436.061. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
executive director or the executive director's designee shall
provide to members of the commission and to commission employees,
as often as necessary, information regarding the requirements for
office or employment under this chapter, including information
regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Sec. 436.062. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to commission employees information and training on the
benefits and methods of participation in the State Employee
Incentive Program.
Sec. 436.063. COMPLAINTS. (a) The commission shall
maintain a file on each written complaint filed with the
commission. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the commission closed the file without taking action other than
to investigate the complaint.
(b) The commission shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commission's policies and procedures relating to
complaint investigation and resolution.
(c) The commission, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
undercover investigation.
Sec. 436.064. USE OF ALTERNATIVE PROCEDURES. (a) The
commission shall develop and implement a policy to encourage the
use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the commission's
jurisdiction.
(b) The commission's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of
those procedures, as implemented by the department.
Sec. 436.065. TECHNOLOGY POLICY. The commission shall
develop and implement a policy requiring the executive director and
commission employees to research and propose appropriate
technological solutions to improve the commission's ability to
perform its functions. The technological solutions must:
(1) ensure that the public is able to easily find
information about the commission on the Internet;
(2) ensure that persons who want to use the
commission's services are able to:
(A) interact with the commission through the
Internet; and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
commission's planning processes.
[Sections 436.066-436.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
[Sec. 436.007. APPLICABILITY OF ADVISORY COMMITTEE LAW.
Chapter 2110 does not apply to the commission.]
Sec. 436.101 [436.008]. POWERS AND DUTIES OF COMMISSION.
The commission shall:
(1) advise [serve as an advisory committee to the
office of] the governor and the legislature [Office of Defense
Affairs in the Texas Department of Economic Development] on
military issues, homeland security, commercial and private
aviation, space-related research and operations, and economic and
industrial development related to or impacted by these areas of
concern [the effect of the military on the economy of this state];
[and]
(2) make recommendations regarding:
(A) the development of policies and plans to
support the long-term viability and prosperity of the military,
active and civilian, and aviation and space operations in this
state;
(B) the development of methods to improve private
and public employment opportunities for former members of the
military residing in this state; and
(C) the development of methods to assist
defense-dependent communities in the design and execution of
programs that enhance a community's relationship with military
installations and defense-related businesses;
(3) develop and maintain a database of the names and
public business information of all prime contractors and
subcontractors operating in this state who perform defense-related
work;
(4) provide information to communities, the
legislature, the state's congressional delegation, and state
agencies regarding federal actions affecting military
installations and missions;
(5) serve as a clearinghouse for:
(A) defense economic adjustment and transition
information and activities along with the Texas Business and
Community Economic Development Clearinghouse; and
(B) information about:
(i) issues related to the operating costs
and strategic value of federal military installations located in
the state; and
(ii) the loss of jobs in communities that
depend on defense bases and in defense-related businesses;
(6) provide assistance to communities that have
experienced a defense-related closure or realignment;
(7) assist communities in the design and execution of
programs that enhance a community's relationship with military
installations and defense-related businesses;
(8) assist communities in the retention and recruiting
of defense-related businesses;
(9) prepare a strategic plan that:
(A) fosters the enhancement of military value of
the contributions of Texas military installations to national
defense strategies; and
(B) considers the current and future base
realignment and closure criteria; and
(10) encourage economic development in this state by
fostering the development of industries related to the
commercialization of space [and
[(D) the compilation of information for use in
the report required under Section 481.0065(c)].
Sec. 436.102. CONSULTING AGREEMENTS. With prior approval
of the governor, the commission may enter into an agreement with a
consulting firm to provide information and assistance on a pending
decision of the United States Department of Defense or other
federal agency regarding the status of military installations and
defense-related businesses located in this state.
Sec. 436.103. SPACE RESEARCH AND OPERATIONS. The
commission shall analyze space-related research and operations
currently conducted in this state and may conduct activities
designed to further those activities in this state.
Sec. 436.104. ANNUAL REPORT; ANNUAL MEETING. (a) In this
section, "state agency" has the meaning assigned by Section
2151.002.
(b) Not later than July 1 of each year, the commission shall
prepare and submit a report to the governor and the legislature
about the active military installations, communities that depend on
military installations, and defense-related businesses in this
state. The report must include:
(1) an economic impact statement describing in detail
the effect of the military on the economy of this state;
(2) a statewide assessment of active military
installations and current missions;
(3) a statewide strategy to attract new military
missions and defense-related business and include specific actions
that add military value to existing military installations;
(4) a list of state and federal activities that have
significant impact on active military installations and current
missions;
(5) a statement identifying:
(A) the state and federal programs and services
that assist communities impacted by military base closures or
realignments and the efforts to coordinate those programs; and
(B) the efforts to coordinate state agency
programs and services that assist communities in retaining active
military installations and current missions;
(6) an evaluation of initiatives to retain existing
defense-related businesses; and
(7) a list of agencies with regulations, policies,
programs, or services that impact the operating costs or strategic
value of federal military installations and activities in the
state.
(c) State agencies shall cooperate with and assist the
commission in the preparation of the report required under
Subsection (b), including providing information about regulations,
policies, programs, and services that may impact communities
dependent on military installations, defense-related businesses,
and the viability of existing Texas military missions.
(d) The commission shall coordinate an annual meeting with
the head of each state agency or member of the legislature whose
district contains an active, closed, or realigned military
installation to discuss the implementation of the recommendations
outlined in the report required under Subsection (b).
Sec. 436.105. AVIATION AND SPACE; REPORT TO LEGISLATURE.
Not later than the 30th day of each regular session of the
legislature, the commission shall report to the legislature
regarding its aviation and space activities under this chapter.
Sec. 436.106. COORDINATING ASSISTANCE FOR EVALUATION OF
MILITARY BASE. When a commander of a military installation
receives a copy of the evaluation criteria for the base under the
United States Department of Defense base realignment or closure
process, the base commander may request that the commission
coordinate assistance from other state agencies to assist the
commander in preparing the evaluation. If the commission asks a
state agency for assistance under this section, the state agency
shall make the provision of that assistance a top priority
[Sec. 436.009. ADMINISTRATIVE SUPPORT. The Texas Department of
Economic Development shall provide administrative support to the
commission].
[Sections 436.107-436.150 reserved for expansion]
SUBCHAPTER D. FISCAL PROVISIONS
Sec. 436.151. LOANS. (a) The commission may provide a loan
of financial assistance to a political subdivision, including a
municipality, county, or special district, for a project that will
enhance the military value of a military facility located in or
adjacent to the political subdivision.
(b) On receiving an application for a loan under this
section, the commission shall analyze the project using the
criteria the United States Department of Defense uses for
evaluating military facilities in the department's base
realignment and closure process. If the commission determines that
the project will enhance the military value of the military
facility based on the base realignment and closure criteria, the
commission may award a loan to the political subdivision for the
project.
(c) The commission may provide a loan only for a project
that is included in the political subdivision's statement under
Section 393.022, Local Government Code, or to prepare a
comprehensive defense installation and community strategic impact
plan under Section 393.023, Local Government Code.
(d) A project financed with a loan under this section must
be completed on or before the fifth anniversary of the date the loan
is awarded.
(e) The amount of a loan under this section may not exceed
one-half of the total cost of the project.
Sec. 436.152. TEXAS MILITARY PREPAREDNESS REVOLVING LOAN
ACCOUNT. (a) The Texas military preparedness revolving loan
account is an account in the general revenue fund.
(b) The account may be used only for loans made under this
subchapter.
(c) The office shall deposit to the credit of the account
all loan payments made by a political subdivision for a loan under
Section 436.151.
Sec. 436.153. GIFTS AND GRANTS. The commission may solicit
and accept gifts and grants from any source for the purposes of this
chapter. The commission shall deposit a gift or grant to the credit
of the specific account that is established for the purpose for
which the gift or grant was made. If a gift or grant is not made for
a specific purpose, the commission may deposit the gift or grant to
the credit of any of the commission's accounts created under this
chapter.
Sec. 436.154. ISSUANCE OF GENERAL OBLIGATION BONDS FOR
MILITARY PREPAREDNESS ACCOUNT. (a) The Texas Public Finance
Authority may issue and sell general obligation bonds of the state
as authorized by the Texas Constitution for the purpose of
providing money to establish the Texas military preparedness
revolving loan account. The authority may issue the bonds in one or
several installments.
(b) Proceeds of the bonds issued under this section shall be
deposited in the Texas military preparedness revolving loan
account.
(c) The bonds issued by the Texas Public Finance Authority
must mature not later than the 25th anniversary of the date the
bonds are issued.
SECTION 4. Section 482.001, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (i) to read
as follows:
(a) The Texas Aerospace Commission is an advisory committee
to the governor [agency of the state].
(b) The commission is composed of nine members appointed by
the governor [with the advice and consent of the senate]. To be
eligible for appointment, a person must have demonstrated
experience in space research, economic development in the private
sector, marketing, banking, or research and development in science
or engineering.
(i) The Texas Aerospace Commission shall advise the
governor on issues relating to aviation and space.
SECTION 5. Section 486.051(3), Government Code, is amended
to read as follows:
(3) "Office" means the Texas Defense, Aviation, and
Space Commission [Office of Defense Affairs].
SECTION 6. Section 486.052, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The office shall give first priority to awarding loans
under the program according to the economic development needs of
eligible communities with neighboring federal military
installations that, before January 1, 2006, are publicly proposed
for action by the department of defense or applicable military
department under the base realignment or closure process. This
subsection expires September 1, 2007.
SECTION 7. Section 4D(j), Development Corporation Act of
1979 (Article 5190.6, Vernon's Texas Civil Statutes), as added by
Chapter 1537, Acts of the 76th Legislature, Regular Session, 1999,
is amended to read as follows:
(j) A board of directors by rule may develop a plan for
higher education courses and degree programs to be offered at or
near a spaceport. Those courses and degree programs must be related
to the purposes of this section. The Texas Defense, Aviation, and
Space [Aerospace] Commission and the Texas Higher Education
Coordinating Board shall cooperate with and advise a board of
directors in carrying out this subsection.
SECTION 8. Section 4E(h), Development Corporation Act of
1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
read as follows:
(h) A board by rule may develop a plan for higher education
courses and degree programs to be offered at or near a spaceport.
These planned courses and degree programs must be related to the
purposes of this chapter. The Texas Defense, Aviation, and Space
[Aerospace] Commission and the Texas Higher Education Coordinating
Board shall cooperate with and advise a board in carrying out this
section.
SECTION 9. Section 2056.002(b), Government Code, is amended
to read as follows:
(b) The Legislative Budget Board and the Governor's Office
of Budget and Planning shall determine the elements required to be
included in each agency's strategic plan. Unless modified by the
Legislative Budget Board and the Governor's Office of Budget and
Planning, and except as provided by Subsection (c), a plan must
include:
(1) a statement of the mission and goals of the state
agency;
(2) a description of the indicators developed under
this chapter and used to measure the output and outcome of the
agency;
(3) identification of the groups of people served by
the agency, including those having service priorities, or other
service measures established by law, and estimates of changes in
those groups expected during the term of the plan;
(4) an analysis of the use of the agency's resources to
meet the agency's needs, including future needs, and an estimate of
additional resources that may be necessary to meet future needs;
(5) an analysis of expected changes in the services
provided by the agency because of changes in state or federal law;
(6) a description of the means and strategies for
meeting the agency's needs, including future needs, and achieving
the goals established under Section 2056.006 for each area of state
government for which the agency provides services;
(7) a description of the capital improvement needs of
the agency during the term of the plan and a statement, if
appropriate, of the priority of those needs;
(8) identification of each geographic region of this
state, including the Texas-Louisiana border region and the
Texas-Mexico border region, served by the agency, and if
appropriate the agency's means and strategies for serving each
region;
(9) a description of the training of the agency's
contract managers under Section 2262.053;
(10) an analysis of the agency's expected expenditures
that relate to federally owned or operated military installations
or facilities, or communities where a federally owned or operated
military installation or facility is located; and
(11) [(10)] other information that may be required.
SECTION 10. Chapter 2056, Government Code, is amended by
adding Section 2056.0065 to read as follows:
Sec. 2056.0065. GOALS: EMPHASIS ON ENHANCING MILITARY
FACILITIES. (a) In establishing the goals of a state agency, the
agency shall consider the enhancement of military value to
federally owned or operated military installations or facilities.
The state agency is encouraged to make this evaluation using the
most current criteria provided by the Texas Defense, Aviation, and
Space Commission.
(b) If the state agency determines that an expenditure will
enhance the military value of a federally owned or operated
military installation or facility based on the base realignment and
closure criteria, the state agency shall make that expenditure a
high priority.
SECTION 11. Subchapter A, Chapter 2167, Government Code, is
amended by adding Section 2167.009 to read as follows:
Sec. 2167.009. CONSIDERATION TO MILITARY INSTALLATION. In
leasing space for the use of a state agency, the commission or the
private brokerage or real estate firm assisting the commission
shall give consideration to a federally owned or operated military
installation or facility.
SECTION 12. Chapter 380, Local Government Code, is amended
by adding Section 380.004 to read as follows:
Sec. 380.004. REVIEW OF BUILDINGS ON MILITARY FACILITY.
(a) The largest municipality that is contiguous to a federally
owned or operated military installation or facility in this state
shall review the buildings at the military installation or facility
to determine whether the buildings comply with the municipality's
building code, plumbing code, mechanical code, or other related
municipal code. If a federally owned or operated military
installation or facility in this state is not contiguous to a
municipality, the largest municipality that is located within 25
miles of the boundaries of the military installation or facility
shall perform the review.
(b) The municipality shall appoint a liaison to coordinate
the review with the Texas Defense, Aviation, and Space Commission.
The Texas Defense, Aviation, and Space Commission shall:
(1) establish the parameters of the review; and
(2) obtain the approval of appropriate federal
authorities for each review.
(c) The municipality shall report the results of the review
to the Texas Defense, Aviation, and Space Commission not later than
February 1, 2004. The report must describe each code violation that
exists at the military installation or facility, the methods to
correct the violation, and the estimated cost to correct the
violation.
(d) The municipality may contract with a private entity to
perform the review required by this section.
(e) This section does not affect whether municipal codes are
considered to apply to a military building.
(f) This section expires September 1, 2005.
SECTION 13. The heading of Chapter 393, Local Government
Code, is amended to read as follows:
CHAPTER 393. HOUSING AND PLANNING COOPERATION AMONG
MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS
SECTION 14. Chapter 393, Local Government Code, is amended
by designating Sections 393.001-393.010 as Subchapter A and adding
a heading for Subchapter A to read as follows:
SUBCHAPTER A. HOUSING
SECTION 15. Section 393.001, Local Government Code, is
amended to read as follows:
Sec. 393.001. SHORT TITLE. This subchapter [chapter] may
be cited as the Housing Cooperation Law.
SECTION 16. Section 393.002(b), Local Government Code, is
amended to read as follows:
(b) The legislature finds and declares that:
(1) the assistance provided under this subchapter
[chapter] to remedy the conditions described in the Housing
Authorities Law constitutes a public purpose and an essential
governmental function for which public money may be spent and other
aid given;
(2) it is a proper public purpose for a public body to
aid a housing authority that operates within the boundaries or
jurisdiction of the public body or to aid a housing project within
its boundaries or jurisdiction because the public body derives
immediate benefits and advantages from the authority or project;
and
(3) this subchapter [chapter] is necessary in the
public interest.
SECTION 17. Section 393.004, Local Government Code, is
amended to read as follows:
Sec. 393.004. POWERS OF PUBLIC BODY RELATING TO HOUSING
PROJECTS. To aid and cooperate in the planning, undertaking,
construction, or operation of a housing project located within its
jurisdiction, a public body may, on terms established by the public
body:
(1) dedicate, sell, convey, or lease any of its
property to a housing authority or to the federal government;
(2) provide that parks, playgrounds, other
recreational facilities, community facilities, educational
facilities, water facilities, sewer facilities, or drainage
facilities, or other works that it has the power to undertake, be
furnished adjacent to or in connection with a housing project;
(3) furnish, dedicate, close, pave, install, grade, or
plan streets, roads, alleys, sidewalks, or other places that it has
the power to undertake;
(4) plan or zone any part of the public body and, in
the case of a municipality, change its map;
(5) make exceptions to building regulations or
ordinances;
(6) enter agreements for any period with a housing
authority or the federal government relating to action to be taken
by the public body under the powers granted by this subchapter
[chapter];
(7) enter agreements relating to the exercise of power
by the public body relating to the repair, elimination, or closing
of unsafe, unsanitary, or unfit dwellings;
(8) provide for the furnishing of services to a
housing authority of the type the public body has power to furnish;
(9) purchase or invest in bonds issued by a housing
authority;
(10) exercise the rights of a bondholder in relation
to any bonds purchased under Subdivision (9); or
(11) take other action necessary or convenient to aid
and cooperate in the planning, undertaking, construction, or
operation of a housing project.
SECTION 18. Section 393.006(a), Local Government Code, is
amended to read as follows:
(a) A public body may incur the entire expense of any public
improvement made by the public body in exercising powers under this
subchapter [chapter].
SECTION 19. Section 393.009(a), Local Government Code, is
amended to read as follows:
(a) The exercise by a public body of the powers granted
under this subchapter [chapter] may be authorized by a resolution
of its governing body adopted by a majority of the members of the
governing body who are present at a meeting. The resolution may be
adopted at the meeting at which it is introduced, and the resolution
takes effect immediately. However, the exercise of the powers is
subject to the conditions prescribed by Section 393.010.
SECTION 20. Section 393.010(a), Local Government Code, is
amended to read as follows:
(a) An action authorized by this subchapter [chapter] may
not be consummated until the governing body of the public body gives
notice of its intention to enter into a cooperation agreement with a
housing authority. A copy of the notice must be published at least
twice in the officially designated newspaper, if any, of the public
body. The notice must state that at the expiration of 60 days the
governing body will consider the question of whether to enter into a
cooperation agreement.
SECTION 21. Chapter 393, Local Government Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. STRATEGIC PLANNING RELATING TO MILITARY
INSTALLATIONS
Sec. 393.021. DEFINITIONS. In this subchapter:
(1) "Defense base" means a federally owned or operated
military installation or facility that is presently functioning or
has been closed or realigned under the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. Section 2687 note) and its
subsequent amendments.
(2) "Defense community" means a political
subdivision, including a municipality, county, or special
district, that is adjacent to, is near, or encompasses any part of a
defense base.
Sec. 393.022. DEFENSE BASE MILITARY VALUE ENHANCEMENT
STATEMENT. (a) A defense community that applies for financial
assistance from the Texas military preparedness revolving loan
account shall prepare, in consultation with the authorities from
each defense base associated with the community, a defense base
military value enhancement statement that illustrates specific
ways the funds will enhance the military value of the installations
and must include the following information for each project:
(1) the purpose for which military preparedness loan
funds are requested, including a description of the project;
(2) the source of other funds for the project;
(3) a statement on how the project will enhance the
military value of the installation;
(4) whether the defense community has coordinated the
project with authorities of the military installation and whether
any approval has been obtained from those authorities;
(5) whether any portion of the project is to occur on
the military installation;
(6) whether the project will have any negative impact
on the natural or cultural environment; and
(7) a description of any known negative factors
arising from the project that will affect the community or the
military installation.
(b) The commission may require a defense community to
provide any additional information the commission requires to
evaluate the community's request for funds under this section.
(c) Two or more defense communities near the same defense
base that apply for financial assistance under the Texas military
preparedness revolving loan account may prepare a joint statement.
(d) A copy of the defense base military value enhancement
statement shall be distributed to the authorities of each defense
base included in the statement and the Texas Defense, Aviation, and
Space Commission.
(e) This section does not prohibit a defense community that
is not applying for financial assistance from preparing a defense
base military value enhancement statement under this section.
Sec. 393.023. COMPREHENSIVE DEFENSE INSTALLATION AND
COMMUNITY STRATEGIC IMPACT PLAN. (a) A defense community may
request financial assistance from the Texas military preparedness
revolving loan account to prepare a comprehensive defense
installation and community strategic impact plan that states the
defense community's long-range goals and development proposals
relating to the following purposes:
(1) controlling negative effects of future growth of
the defense community on the defense base and minimizing
encroachment on military exercises or training activities
connected to the base;
(2) enhancing the military value of the defense base
while reducing operating costs; and
(3) identifying which, if any, property and services
can be shared by the defense base and the defense community.
(b) The comprehensive defense installation and community
strategic impact plan should include, if appropriate, maps,
diagrams, and text to support its proposals and must include the
following elements as they relate to each defense base included in
the plan:
(1) a land use element that identifies:
(A) proposed distribution, location, and extent
of land uses such as housing, business, industry, agriculture,
recreation, public buildings and grounds, and other categories of
public and private land uses as those uses may impact the defense
base; and
(B) existing and proposed regulations of land
uses, including zoning, annexation, or planning regulations as
those regulations may impact the defense base;
(2) a transportation element that identifies the
location and extent of existing and proposed freeways, streets, and
roads and other modes of transportation;
(3) a population growth element that identifies past
and anticipated population trends;
(4) a water resources element that:
(A) addresses currently available surface and
groundwater supplies; and
(B) addresses future growth projections and ways
in which the water supply needs of the defense community and the
defense base can be adequately served by the existing resources, or
if such a need is anticipated, plans for securing additional water
supplies;
(5) a conservation element that describes methods for
conservation, development, and use of natural resources, including
land, forests, soils, rivers and other waters, wildlife, and other
natural resources;
(6) an open-space area element that includes:
(A) a list of existing open-space land areas;
(B) an analysis of the defense base's forecasted
needs for open-space areas to conduct its military training
activities; and
(C) suggested strategies under which land on
which some level of development has occurred can make a transition
to an open-space area, if needed;
(7) a restricted airspace element that creates buffer
zones, if needed, between the defense base and the defense
community; and
(8) a military training route element that identifies
existing routes and proposes plans for additional routes, if
needed.
(c) Two or more defense communities near the same defense
base may prepare a joint plan.
Sec. 393.024. PLANNING MANUAL. A defense community that
has prepared a comprehensive defense installation and community
strategic impact plan described by Section 393.023 is encouraged to
develop, in coordination with the authorities of each defense base
associated with the community, a planning manual based on the
proposals contained in the plan. The manual should adopt
guidelines for community planning and development to further the
purposes described under Section 393.022. The defense community
should, from time to time, consult with defense base authorities
regarding any changes needed in the planning manual guidelines
adopted under this section.
Sec. 393.025. CONSULTATION WITH DEFENSE BASE AUTHORITIES.
If a defense community determines that an ordinance, rule, or plan
proposed by the community may impact a defense base or the military
exercise or training activities connected to the base, the defense
community shall seek comments and analysis from the defense base
authorities concerning the compatibility of the proposed
ordinance, rule, or plan with base operations. The defense
community shall consider and analyze the comments and analysis
before making a final determination relating to the proposed
ordinance, rule, or plan.
SECTION 22. Subchapter F, Chapter 161, Natural Resources
Code, is amended by adding Sections 161.2311 and 161.2312 to read as
follows:
Sec. 161.2311. AGREEMENT TO DEVELOP LAND ACQUIRED FROM
FORMER MILITARY FACILITY. (a) A municipality or county that
acquires land as a result of a military installation or facility
closing or being realigned under the United States Department of
Defense base realignment or closure process or a base efficiency
project may enter into an agreement with the board to develop all or
a part of the land.
(b) The agreement shall:
(1) transfer the land to the board; and
(2) set out the terms for the development, including
specific improvements to be completed by the board, the
municipality, or the county.
(c) Section 161.281 does not apply to the sale or
development of land under this section.
Sec. 161.2312. DEVELOPMENT OF SUBDIVISION ON FORMER
MILITARY FACILITY LAND. (a) The board may contract with one or
more private persons to build single-family houses for veterans who
purchase land in the subdivision from the board. The agreement may
provide:
(1) the type, style, and number of houses to be built
in the subdivision;
(2) the specifications and standards required by the
board for houses built in the subdivision; and
(3) any other term that the board determines
appropriate.
(b) The builder shall market the subdivision to veterans in
the same manner in which private housing development projects are
marketed to the general public.
(c) Section 161.281 does not apply to the sale or
development of land under this section.
SECTION 23. Section 35.101(2), Utilities Code, is amended
to read as follows:
(2) "Public retail customer" means a retail customer
that is an agency of this state, a state institution of higher
education, a public school district, [or] a political subdivision
of this state, a military installation of the United States, or a
United States Department of Veterans Affairs facility.
SECTION 24. Section 35.102, Utilities Code, is amended to
read as follows:
Sec. 35.102. STATE AUTHORITY TO SELL OR CONVEY POWER. (a)
The commissioner, acting on behalf of the state, may sell or
otherwise convey power or natural gas generated from royalties
taken in kind as provided by Sections 52.133(f), 53.026, and
53.077, Natural Resources Code, directly to a public retail
customer regardless of whether the public retail customer is also
classified as a wholesale customer under other provisions of this
title.
(b) To ensure that the state receives the maximum benefit
from the sale of power or natural gas generated from royalties taken
in kind, the commissioner shall use all feasible means to sell that
power or natural gas first to public retail customers that are
military installations of the United States, agencies of this
state, institutions of higher education, or public school
districts. The remainder of the power or natural gas, if any, may
be sold to public retail customers that are political subdivisions
of this state or to a United States Department of Veterans Affairs
facility.
SECTION 25. Subchapter H, Chapter 36, Utilities Code, is
amended by adding Section 36.354 to read as follows:
Sec. 36.354. DISCOUNTED RATES FOR MILITARY BASES. (a)
Notwithstanding any other provision of this title, each municipally
owned utility, electric cooperative, or electric utility in an area
where customer choice is not available or the commission has
delayed the implementation of full customer choice in accordance
with Section 39.103 shall discount charges for electric service
provided to a military base.
(b) The discount under Subsection (a) is a 20 percent
reduction of the base rates that would otherwise be paid under the
applicable tariffed rate.
(c) An electric utility, a municipally owned utility, or an
electric cooperative is not required to comply with this section if
the 20 percent discount would result in a reduction of revenue in an
amount that is greater than one percent of the utility's total
annual revenues.
(d) An electric utility, a municipally owned utility, or an
electric cooperative may recover from retail and wholesale
customers any assigned and allocated costs of serving a military
base that receives a discount under Subsection (a).
(e) Each electric utility shall file a tariff with the
commission reflecting the discount required by Subsection (a) and
may file a tariff proposing a cost recovery mechanism provided for
by Subsection (d). An initial tariff filed under this subsection is
not a rate change for purposes of Subchapter C.
SECTION 26. Subchapter H, Chapter 39, Utilities Code, is
amended by adding Section 39.3535 to read as follows:
Sec. 39.3535. MILITARY BASES AGGREGATORS. (a) In this
section, "military bases aggregator" means a person joining two or
more military bases into a single purchasing unit to negotiate
electricity purchases from retail electric providers.
(b) It is the policy of this state to encourage military
bases to aggregate their facilities into a single purchasing unit
as a method to reduce costs of electricity consumed by those bases.
The commission shall provide assistance to a military bases
aggregator regarding the evaluation of offers from retail electric
providers on the request of the military bases aggregator.
(c) An aggregator registered under another section of this
subchapter may provide aggregation services to military bases.
(d) A person, including a state agency, may register as a
military bases aggregator to provide aggregation services
exclusively to military bases.
(e) A person registered as a military bases aggregator under
Subsection (d) is not required to comply with customer protection
provisions, disclosure requirements, or marketing guidelines
prescribed by this title or established by the commission while
providing aggregation services exclusively to military bases.
(f) The commission shall expedite consideration of an
application submitted by an applicant for registration under
Subsection (d).
SECTION 27. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.910 to read as follows:
Sec. 39.910. INCENTIVE PROGRAM AND GOAL FOR ENERGY
EFFICIENCY FOR MILITARY BASES. (a) The commission by rule shall
establish an electric energy efficiency incentive program under
which each electric utility will provide incentives sufficient for
military bases, retail electric providers, or competitive energy
service providers to install energy efficiency devices or other
alternatives at military bases. The commission shall design the
program to provide military bases with a variety of choices for
cost-effective energy efficiency devices and other alternatives
from the market to reduce energy consumption and energy costs.
(b) The commission shall establish a goal for the program to
reduce, before January 1, 2005, the consumption of electricity by
military bases in this state by five percent as compared to
consumption levels in 2002.
(c) The commission may approve a nonbypassable surcharge or
other rate mechanism to recover costs associated with the program
established under this section.
(d) An electric utility shall administer the electric
energy efficiency incentive program in a market-neutral,
nondiscriminatory manner. An electric utility may not offer
underlying competitive services.
SECTION 28. (a) Not later than December 1, 2003, the Texas
Education Agency shall develop and implement a comprehensive plan
that addresses the educational needs of the dependents of military
personnel who are required to transfer into, out of, or between
public schools in this state as a result of military relocation.
The plan must address:
(1) procedures for transferring student records;
(2) procedures for awarding credit for completed
course work;
(3) procedures for modifying any requirement
generally applicable to a student in a reasonable manner to reflect
the circumstances of a particular student;
(4) any other relevant issue identified by the agency
in consultation with the agencies and persons described by
Subsection (b) of this section; and
(5) any requirements resulting from a reciprocity
agreement executed by the agency in accordance with Section 25.005,
Education Code.
(b) A modification under Subsection (a)(3) may include
allowing a student who is a dependent of military personnel
transferring into a public school in this state from out of state to
postpone taking a high stakes or exit examination until the next
administration of the examination. The parents or legal guardian
of the student must request the postponement. A high stakes or exit
examination may not be postponed if the student transfers during
the last 30 days of a semester.
(c) In developing and implementing the plan, the Texas
Education Agency is encouraged to consult with state agencies and
individuals with relevant knowledge related to military
relocation.
(d) The commissioner of education may adopt rules as
necessary to implement the plan.
(e) Not later than December 1, 2004, the Texas Education
Agency shall prepare and submit a report to the legislature
describing the plan developed and implemented in accordance with
this section. The report must also:
(1) identify any statutory changes considered
necessary by the agency to permit the agency to further meet the
educational needs of students required to transfer as a result of
military relocation; and
(2) describe each reciprocity agreement executed by
the state in accordance with Section 25.005, Education Code, as
well as the agency's efforts to enter into reciprocity agreements
with additional states.
SECTION 29. Sections 481.0065, 482.002, 482.003, and
482.004, Government Code, and Section 502.271, Transportation
Code, are repealed.
SECTION 30. (a) Not later than November 1, 2003, the
governor shall appoint the initial members of the Texas Defense,
Aviation, and Space Commission in accordance with Chapter 436,
Government Code, as amended by this Act. The governor shall appoint
three members for a term expiring February 1, 2005, three members
for a term expiring February 1, 2007, and three members for a term
expiring February 1, 2009. The commission may not take action until
a majority of the members have taken office.
(b) Not later than December 1, 2003, the Texas Defense,
Aviation, and Space Commission shall employ an executive director
in accordance with Chapter 436, Government Code, as amended by this
Act.
(c) Not later than the 60th day after the date of the first
meeting of the Texas Defense, Aviation, and Space Commission, the
governor shall select a presiding officer.
SECTION 31. (a) On the date by which a majority of the
members of the Texas Defense, Aviation, and Space Commission have
taken office, the Office of Defense Affairs is abolished, and all
powers, duties, obligations, rights, contracts, leases, records,
property, and unspent and unobligated appropriations and other
funds of the Office of Defense Affairs are transferred to the Texas
Defense, Aviation, and Space Commission.
(b) The abolishment of the Office of Defense Affairs does
not affect the validity of a right, privilege, or obligation
accrued, a contract or acquisition made, any liability incurred, a
permit or license issued, any penalty, forfeiture, or punishment
assessed, a rule adopted, a proceeding, investigation, or remedy
begun, a decision made, or other action taken by or in connection
with the Office of Defense Affairs.
(c) All rules, policies, procedures, and decisions of the
Office of Defense Affairs are continued in effect as rules,
policies, procedures, and decisions of the Texas Defense, Aviation,
and Space Commission until superseded by a rule or other
appropriate action of the Texas Defense, Aviation, and Space
Commission.
(d) Any action or proceeding before the Office of Defense
Affairs is transferred without change in status to the Texas
Defense, Aviation, and Space Commission, and the Texas Defense,
Aviation, and Space Commission assumes, without a change in status,
the position of the Office of Defense Affairs in any action or
proceeding to which the Office of Defense Affairs is a party.
(e) The Texas Defense, Aviation, and Space Commission is
authorized to employ the same number of full-time equivalent
employees as the Office of Defense Affairs to exercise the powers
and perform the duties transferred under this section.
(f) A fund, foundation, or account administered by the
Office of Defense Affairs is not considered to be abolished and
re-created by this Act but is considered to be transferred to the
Texas Defense, Aviation, and Space Commission.
(g) Until the date the Office of Defense Affairs is
abolished as provided by Subsection (a) of this section, the Office
of Defense Affairs shall continue to exercise the powers and
perform the duties assigned to the Office of Defense Affairs under
the law as it existed immediately before the effective date of this
Act or as modified by another Act of the 78th Legislature, Regular
Session, 2003, that becomes law, and the former law is continued in
effect for that purpose.
SECTION 32. (a) On the date by which a majority of the
members of the Texas Defense, Aviation, and Space Commission have
taken office, the Texas Strategic Military Planning Commission is
abolished, and all powers, duties, obligations, rights, contracts,
leases, records, personnel, property, and unspent and unobligated
appropriations and other funds of the Texas Strategic Military
Planning Commission are transferred to the Texas Defense, Aviation,
and Space Commission.
(b) The abolishment of the Texas Strategic Military
Planning Commission does not affect the validity of a right,
privilege, or obligation accrued, a contract or acquisition made,
any liability incurred, a permit or license issued, any penalty,
forfeiture, or punishment assessed, a rule adopted, a proceeding,
investigation, or remedy begun, a decision made, or other action
taken by or in connection with the Texas Strategic Military
Planning Commission.
(c) All rules, policies, procedures, and decisions of the
Texas Strategic Military Planning Commission are continued in
effect as rules, policies, procedures, and decisions of the Texas
Defense, Aviation, and Space Commission until superseded by a rule
or other appropriate action of the Texas Defense, Aviation, and
Space Commission.
(d) Any action or proceeding before the Texas Strategic
Military Planning Commission is transferred without change in
status to the Texas Defense, Aviation, and Space Commission, and
the Texas Defense, Aviation, and Space Commission assumes, without
a change in status, the position of the Texas Strategic Military
Planning Commission in any action or proceeding to which the Texas
Strategic Military Planning Commission is a party.
(e) The Texas Defense, Aviation, and Space Commission is
authorized to employ the same number of full-time equivalent
employees as the Texas Strategic Military Planning Commission to
exercise the powers and perform the duties transferred under this
section.
(f) A fund, foundation, or account administered by the Texas
Strategic Military Planning Commission is not considered to be
abolished and re-created by this Act but is considered to be
transferred to the Texas Defense, Aviation, and Space Commission.
(g) Until the date the Texas Strategic Military Planning
Commission is abolished as provided by Subsection (a) of this
section, the Texas Strategic Military Planning Commission shall
continue to exercise the powers and perform the duties assigned to
the Texas Strategic Military Planning Commission under the law as
it existed immediately before the effective date of this Act or as
modified by another Act of the 78th Legislature, Regular Session,
2003, that becomes law, and the former law is continued in effect
for that purpose.
SECTION 33. (a) On the date by which a majority of the
members of the Texas Defense, Aviation, and Space Commission have
taken office, all powers, duties, obligations, rights, contracts,
leases, records, personnel, property, and unspent and unobligated
appropriations and other funds of the Texas Aerospace Commission
are transferred to the Texas Defense, Aviation, and Space
Commission.
(b) The transfer of the powers and duties of the Texas
Aerospace Commission does not affect the validity of a right,
privilege, or obligation accrued, a contract or acquisition made,
any liability incurred, a permit or license issued, any penalty,
forfeiture, or punishment assessed, a rule adopted, a proceeding,
investigation, or remedy begun, a decision made, or other action
taken by or in connection with the Texas Aerospace Commission.
(c) All rules, policies, procedures, and decisions of the
Texas Aerospace Commission are continued in effect as rules,
policies, procedures, and decisions of the Texas Defense, Aviation,
and Space Commission until superseded by a rule or other
appropriate action of the Texas Defense, Aviation, and Space
Commission.
(d) Any action or proceeding before the Texas Aerospace
Commission is transferred without change in status to the Texas
Defense, Aviation, and Space Commission, and the Texas Defense,
Aviation, and Space Commission assumes, without a change in status,
the position of the Texas Aerospace Commission in any action or
proceeding to which the Texas Aerospace Commission is a party.
(e) The Texas Defense, Aviation, and Space Commission is
authorized to employ the same number of full-time equivalent
employees as the Texas Aerospace Commission to exercise the powers
and perform the duties transferred under this section.
(f) A fund, foundation, or account administered by the Texas
Aerospace Commission is not considered to be abolished and
re-created by this Act but is considered to be transferred to the
Texas Defense, Aviation, and Space Commission.
(g) Until the date the Texas Aerospace Commission is
transferred as provided by Subsection (a) of this section, the
Texas Aerospace Commission shall continue to exercise the powers
and perform duties assigned to the Texas Aerospace Commission under
the law as it existed immediately before the effective date of this
Act or as modified by another Act of the 78th Legislature, Regular
Session, 2003, that becomes law, and the former law is continued in
effect for that purpose.
SECTION 34. The executive director of the Texas Defense,
Aviation, and Space Commission may change the duties of any
employee who is transferred to the Texas Defense, Aviation, and
Space Commission.
SECTION 35. The Legislative Budget Board shall resolve any
disputes about which obligations, rights, contracts, leases,
records, personnel, property, and unspent and unobligated
appropriations or other funds are entitled to be transferred to the
Texas Defense, Aviation, and Space Commission.
SECTION 36. Section 393.025, Local Government Code, as
added by this Act, applies only to an ordinance, rule, or plan that
is proposed on or after the effective date of this Act.
SECTION 37. The community infrastructure development
revolving loan account described by Section 486.053, Government
Code, is re-created as a separate account in the general revenue
fund. Any money in the account is rededicated for the purposes
described by Section 486.053(b), Government Code.
SECTION 38. (a) Except as provided by Subsection (b), this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2003.
(b) Section 436.056, Government Code, as added by this Act,
takes effect September 1, 2004.