BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1743

                                                                                                                                            By: Eltife

                                                                                             Veteran Affairs & Military Installations

                                                                                                                                            6/29/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Red River Redevelopment Authority (authority) was created in 1997 by the 75th Legislature in response to the closure of part of the Red River Army Depot under the Federal Base Realignment and Closure Act.  The City of Texarkana and Bowie County developed a plan to turn the depot into a business and industrial park, now known as the Red River Commerce Park.  Statutory change is necessary to give the authority additional powers, including the authorization to provide emergency medical services or fire emergency services, toward further potential redevelopment of the area.

 

S.B. 1743 authorizes the authority to exercise certain additional powers provided under the Development Corporation Act of 1979 and to a rural and urban transit district.  This bill prohibits the authority from imposing a tax and limits its use of the power of eminent domain. 

 

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 Subchapter C, Chapter 3503, Special District Laws Code, by adding Section 3503.1015, as follows:

 

Sec. 3503.1015.  ADDITIONAL POWERS OF OTHER ENTITIES; BONDS.  Authorizes the Red River Redevelopment Authority (authority) to exercise the powers given to the governing body of a unit, as defined by Section 2 (Definitions), Development Corporation Act of 1979 (Article 5190.6, V.T.C.S.), and to issue bonds for a purpose specified by that Act, an emergency services district under Chapter 775 (Emergency Services District), Health and Safety Code, and a rural or urban transit district under Chapter 458 (Rural and Urban Transit Districts), Transportation Code.

 

SECTION 2.  Amends Subchapter C, Chapter 3503, Special District Laws Code, by adding Section 3503.108, as follows:

 

Sec. 3503.108.  LIMITATION ON USE OF EMINENT DOMAIN.  Prohibits the authority from using eminent domain, except as provided by Section 3503.103 (Water, Sewer, and Natural Gas Projects; Eminent Domain), Special District Laws Code

 

SECTION 3.  Amends Subchapter D, Chapter 3503, Special District Laws Code, by adding Section 3503.155, as follows:

 

Sec. 3503.155.  NO TAXING POWER.  Prohibits the authority from imposing a tax.

 

SECTION 4.  Provides that proof of publication of the constitutional notice required to introduce this Act under Section 59(d) (regarding proper notice of district formation in newspapers of the applicable county or counties and delivery of copies of the notice to certain elected officials), Article XVI, Texas Constitution, has been furnished as provided by that section.  Provides that the legislature finds and declares that the notice and delivery are proper and sufficient to satisfy the constitutional requirements. 

 

SECTION 5.  Effective date: upon passage or September 1, 2007.