BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3802

                                                                                                                                 By: Frost (Eltife)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/18/2009

                                                                                                                                           Engrossed

 

 

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 realignment of part of the Red River Army Depot under the Federal Base Realignment and Closure Act.  The property received from the Department of the Army is currently being redeveloped as a business and industrial park.  Since the initial realignment, an additional 3,800 acres of the Red River Army Depot has been added and the Department of Defense will soon convey to the authority 10,500 acres of the Lone Star Army Ammunition Plant property.  This additional acreage will be available for redevelopment.  Statutory change is necessary to give the authority additional powers to assist in the redevelopment efforts.

 

H.B. 3802 relates to certain powers of the Red River Redevelopment Authority.

 

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 Section 3503.005, Special District Local Laws Code, as follows:

 

Sec.  3503.005.  EXPANSION OF TERRITORY.  Authorizes the Red River Redevelopment Authority's (authority) territory to be expanded as additional real property is conveyed or leased to the authority by the United States or counties or municipalities approve annexations.

 

SECTION 2.  Amends Section 3503.101(b), Special District Local Laws Code, as follows:

 

(b) Authorizes the authority to exercise any power or duty necessary or appropriate to carry out a project described by Section 3503.003(a)(3) (relating to the creation of the authority to undertake certain projects the authority's board of directors considers necessary or incidental to certain industrial, commercial, or business development, redevelopment, maintenance, and expansion of new or existing businesses) and the purposes of this chapter, including certain powers to:

 

(1) - (20)  Makes no change to these subdivisions;

 

(21) - (22)  Makes nonsubstantive changes;

 

(23)  exercise the powers Chapter 22 (County and Municipal Airports), Transportation Code, grants to a municipality or county;

 

(24)  exercise the powers Chapter 379B (Defense Base Development Authorities), Local Government Code, grants to a defense base development authority; and

 

(25)  exercise the powers of a municipality under Chapters 211 (Municipal Zoning Authority) and 212 (Municipal Regulation of Subdivisions and Property Development), Local Government Code, in the territory of the authority, including an area of the authority that is in the boundaries of a municipality's limited purpose jurisdiction and extraterritorial jurisdiction.  Provides that on annexation of an area of the authority for full purposes by a municipality, the authority's power to regulate the area under Chapters 211 and 212 expires.  Provides that the authority regains the power in an area if the municipality disannexes the area.

 

SECTION 3.  Amends Subchapter C, Chapter 3503, Special District Local Laws Code, by adding Section 3503.109, as follows:

 

Sec.  3503.109.  INDEMNITY.  Authorizes the authority to indemnify an authority employee or board member or former authority employee or board member for necessary expenses and costs, including attorney's fees, incurred by that person in connection with a claim asserted against that person if the claim relates to an act or omission of the person when acting in the scope of the person's board membership or authority employment, and the person has not been found liable or guilty on the claim.

 

SECTION 4.  Effective date: upon passage or September 1, 2009.