By: Ratliff S.B. No. 1955
A BILL TO BE ENTITLED
AN ACT
relating to the Red River Redevelopment Authority; providing the
power of eminent domain and the power to issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 396.062, Local Government Code, is
amended to conform to Chapter 1312, Acts of the 76th Legislature,
Regular Session, 1999, and further amended to read as follows:
Sec. 396.062. ESTABLISHMENT. (a) The creation,
establishment, and organization of the authority are validated,
ratified, approved, and confirmed. The [is established as a
political subdivision with] boundaries of the authority are the
same as the boundaries of the real property described in Section
396.0621. The boundaries of the authority may be expanded from time
to time as additional real property, if any, is conveyed to the
authority by the United States of America [396.064(1), if each
eligible municipality and the county:
[(1) adopts resolutions authorizing the authority's
establishment; and
[(2) appoints members to the board as provided by
Section 396.063].
(b) The authority is a governmental agency, a body politic
and corporate, and a political subdivision of this state.
(c) For all purposes, including the application of Chapter
101, Civil Practice and Remedies Code, the authority is a unit of
government and the operations of the authority are considered to be
essential governmental functions and not proprietary functions.
(d) The authority is subject to Chapters 551 and 552,
Government Code.
(e) The authority may issue revenue bonds. If bonds are
issued under this section for a water or sewer project, the
authority shall issue the bonds in accordance with Sections 54.502
and 54.503, Water Code.
(f) The authority is subject to the regulatory authority of
the state or any agencies of the state to the same extent as a
municipal corporation.
SECTION 2. Subchapter C, Chapter 396, Local Government
Code, is amended by adding Sections 396.0621 and 396.0622 to read as
follows:
Sec. 396.0621. AUTHORITY TERRITORY. The authority is
composed of that territory described by Section 8A, Chapter 831,
Acts of the 75th Legislature, Regular Session, 1997, as added by
Section 5, Chapter 1312, Acts of the 76th Legislature, Regular
Session, 1999, and as that territory may have been modified under
this subchapter or other law.
Sec. 396.0622. EXPANSION OF AUTHORITY TERRITORY. The
authority boundaries may be expanded from time to time as
additional real property, if any, is conveyed to the authority by
the United States or as additional counties or municipalities
approve annexations.
SECTION 3. Subchapter C, Chapter 396, Local Government
Code, is amended by adding Section 396.0641 to read as follows:
Sec. 396.0641. ADDITIONAL PURPOSE. The authority is
created to exercise the powers granted to a conservation and
reclamation district under Section 59, Article XVI, Texas
Constitution.
SECTION 4. Subchapter C, Chapter 396, Local Government
Code, is amended by adding Sections 396.069 through 396.077 to read
as follows:
Sec. 396.069. GENERAL POWERS. The authority may acquire,
purchase, construct, own, operate, maintain, repair, improve, or
extend, lease, or sell on terms and conditions, including rentals
or sale prices, on which the parties may agree, all works,
improvements, facilities, plants, buildings, structures,
equipment, and appliances and all property or any interest in
related property that is incident to or necessary to carry out or
perform an authority power.
Sec. 396.070. WATER, SEWER, AND NATURAL GAS PROJECTS;
EMINENT DOMAIN. (a) The authority may undertake a project under
Section 396.064(a)(3) to develop water, sewer, and natural gas
projects to benefit the authority.
(b) The authority may exercise the power of eminent domain
for a project under this section.
Sec. 396.071. REGIONAL WASTE DISPOSAL. The authority may
exercise the powers granted a district under Chapter 30, Water
Code.
Sec. 396.072. WASTE WATER AND SEWAGE. The authority may
provide for the collection, transmission, treatment, disposal, and
control of municipal, domestic, industrial, and commercial waste
water and sewage.
Sec. 396.073. OTHER WATER POWERS. The authority may
provide for the construction, storage, transmission, treatment,
supply, and distribution of water for any useful purpose, including
for a municipal, domestic, industrial, or commercial purpose.
Sec. 396.074. CONTRACTS. The authority and all persons may
contract with each other in any manner and on terms as to which the
parties may agree regarding a power, facility, or service that the
authority may exercise, provide, or finance.
Sec. 396.075. POWERS OF OTHER GOVERNMENTAL ENTITIES. (a)
As used in this section, "revenue" does not include revenue from ad
valorem taxes imposed by a governmental entity or the proceeds from
the sale or refunding of bonds of a governmental entity that are to
be wholly or partially paid from ad valorem taxes imposed by the
governmental entity unless the use or pledge of the tax revenue or
bond proceeds are approved by the voters of the governmental entity
at an election called for the purpose of imposing taxes or issuing
or refunding bonds, or for the purpose of using or pledging their
revenues or proceeds under contracts with the authority under this
chapter.
(b) Any governmental entity of this state may use and pledge
any available revenue for and in the payment of an amount due under
a contract entered into with the authority as an additional source
of payment of the contracts or as the sole source of payment of the
contracts, and may covenant with respect to available revenue to
assure the availability of the revenue when required.
(c) A governmental entity may charge a fee to any person for
using a service or facility provided by a utility operated by the
governmental entity and provided under a contract with the
authority, including:
(1) water charges;
(2) sewage charges;
(3) solid waste disposal system fees and charges,
including garbage collection or handling fees; and
(4) other fees or charges.
(d) The governmental entity may use and pledge money
collected under Subsection (c) to make a payment to the authority
required under a contract with the authority and may covenant to do
so in an amount sufficient to make a payment to the authority when
due. A payment, if the parties agree in the contract, is an expense
of operation of the facilities or utility operated by the
governmental entity.
Sec. 396.076. BONDS. (a) The authority may issue bonds for
the acquisition, purchase, construction, maintenance, repair,
improvement, and extension of works, improvements, facilities,
plants, buildings, structures, appliances, and property to
exercise a power granted under this subchapter.
(b) The authority may issue revenue bonds to pay for the
costs of feasibility studies for proposed authority projects,
including projects regarding engineering, planning and design, and
environmental studies. The authority may include in a revenue bond
issue the funds to operate and maintain facilities acquired or
constructed through the revenue bond issue for a period not to
exceed two years after completion of the facility.
(c) If any bonds issued by the authority recite that they
are secured by a pledge of payments under a contract, a copy of the
contract and the proceedings relating to the contract may be
submitted to the attorney general along with the bonds, and if the
attorney general finds that the bonds have been authorized and the
contract was entered into in accordance with law, then the attorney
general shall approve the bonds and the contract.
(d) If bonds are issued under this section for a water or
sewer project, the authority shall issue the bonds in accordance
with Sections 54.502 and 54.503, Water Code.
Sec. 396.077. CONSTRUCTION WITH OTHER LAW. (a) This
subchapter provides sufficient authority for the issuance of bonds,
the execution of contracts, and the performance of all other acts
and procedures authorized in this subchapter for the authority and
all other persons of this state, including other governmental
entities of this state and including actions regarding other
governmental entities and the United States, without reference to
any other law or any restrictions or limitations contained in other
law, except as provided in this subchapter.
(b) To the extent of a conflict or inconsistency between
this subchapter and another law, including a home-rule city
charter, this subchapter prevails.
(c) This subchapter does not limit the power of the
authority and all persons, including other governmental entities,
to use any other law not in conflict with this subchapter to the
extent convenient or necessary to carry out a power, express or
implied, granted by this subchapter.
SECTION 5. (a) Subsection (b), Section 396.065, Local
Government Code, is repealed.
(b) Sections 1 through 4 and 6, Chapter 1312, Acts of the
76th Legislature, Regular Session, 1999, are repealed.
SECTION 6. (a) The legislature validates and confirms all
governmental acts and proceedings of the Red River Redevelopment
Authority that occurred before the effective date of this Act,
including:
(1) the creation of the authority;
(2) the contracts and other agreements with the United
States to acquire the Red River Army Depot; and
(3) the furnishing of utility services.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation, if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court with jurisdiction; or
(2) has been held invalid by a court with
jurisdiction.
SECTION 7. The legislature finds that:
(1) proof of publication of the constitutional notice
required in the enactment of this Act under Subsection (d), Section
59, Article XVI, Texas Constitution, has been made in the manner
provided by that section;
(2) a copy of the constitutional notice and the bill as
originally introduced have been delivered to the governor as
required by the constitution; and
(3) the notice and delivery are proper and sufficient
to satisfy those constitutional requirements.
SECTION 8. To the extent of any conflict, this Act prevails
over another Act of the 78th Legislature, Regular Session, 2003,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 9. 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.