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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of defense base development |
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authorities; modifying the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 379B, Local Government Code, is amended |
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by adding Section 379B.0041 to read as follows: |
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Sec. 379B.0041. INLAND PORT AND TRADE POWERS. (a) The |
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authority may establish and operate an inland port and related port |
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facilities to engage in world trade. |
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(b) The authority may participate in national and |
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international agreements advancing world trade at the port. |
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SECTION 2. Section 379B.0045, Local Government Code, is |
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amended to read as follows: |
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Sec. 379B.0045. EMINENT DOMAIN. (a) An authority or an |
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authority whose subject property is within the territorial limits |
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of a municipality may exercise the power of eminent domain to |
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acquire property in [or adjacent to] the base property or in an area |
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surrounding the base only in the manner provided by Chapter 21, |
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Property Code. |
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(b) Before the authority initiates an eminent domain |
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proceeding to acquire property, the board must: |
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(1) adopt a master development and redevelopment plan |
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for the property in [or adjacent to] the base property or in an area |
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surrounding the base and incorporate and approve the plan as part of |
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the master plan of the municipality in which the base property is |
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located; and |
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(2) find, after conducting a public hearing, that: |
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(A) notice of the hearing was published in a |
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newspaper of general circulation in the municipality in which the |
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base property is located not later than the 15th day before the date |
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of the hearing; |
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(B) the property lies in a redevelopment project |
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designated under Section 379B.009 [378.009, as added by Chapter
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1221, Acts of the 76th Legislature, Regular Session, 1999]; and |
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(C) the use of eminent domain is necessary to |
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acquire the property to carry out the essential objectives of the |
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master development and redevelopment plan as approved by the |
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municipality. |
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SECTION 3. Chapter 379B, Local Government Code, is amended |
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by adding Section 379B.0085 to read as follows: |
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Sec. 379B.0085. HEARINGS BY TELEPHONE OR SIMILAR MEANS. |
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(a) As an exception to Chapter 551, Government Code, and other |
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law, if the president or vice president of a board, or chairperson |
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or vice chairperson of a board committee, is physically present at a |
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meeting of the board or committee, any number of the other members |
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of the board or committee may attend the meeting by use of telephone |
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conference call, video conference call, or other similar |
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telecommunication device. This subsection applies for purposes of |
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constituting a quorum, for purposes of voting, and for any other |
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purpose allowing a board or committee member to otherwise fully |
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participate in any board or committee meeting. This subsection |
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applies without exception with regard to the subject of the meeting |
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or topics considered by the members. |
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(b) A meeting held by use of telephone conference call, |
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video conference call, or other similar telecommunication device: |
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(1) is subject to the notice requirements applicable |
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to other meetings; |
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(2) must specify in the notice of the meeting the |
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location of the meeting at which the president, vice president, |
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chairperson, or vice chairperson will be physically present; |
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(3) must be open to the public and audible to the |
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public at the location specified in the notice of the meeting as the |
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location of the meeting at which the president, vice president, |
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chairperson, or vice chairperson will be physically present; and |
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(4) must provide two-way audio communication between |
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all board or committee members attending the meeting during the |
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entire meeting, and if the two-way audio communication link with |
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any member attending the meeting is disrupted at any time, the |
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meeting may not continue until the two-way audio communication link |
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is reestablished. |
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SECTION 4. Subsection (a), Section 379B.009, Local |
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Government Code, is amended to read as follows: |
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(a) The board may designate as a redevelopment project a |
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project that relates to: |
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(1) the development of base property and the |
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surrounding areas; or |
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(2) the development of property directly related to |
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the purposes or goals of the authority [the development of a defense
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base in the territory of the municipality that established the
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authority and areas surrounding that base]. |
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SECTION 5. The change in law made by Section 379B.0085, |
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Local Government Code, as added by this Act, applies only to a |
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meeting of the board of directors of a defense base development |
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authority or a meeting of a board committee that occurs on or after |
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the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2007. |