By: Merritt H.B. No. 3333

A BILL TO BE ENTITLED

AN ACT

relating to the creation and operation of the Texas-Louisiana border region economic development steering committee; authorizing an assessment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The legislature finds that the orderly economic development of the area of this state near the Texas-Louisiana border is of concern to the entire state.

SECTION 2. Chapter 2056, Government Code, is amended by adding Section 2056.012 to read as follows:

Sec. 2056.012. TEXAS-LOUISIANA BORDER REGION ECONOMIC DEVELOPMENT STEERING COMMITTEE. (a) In this section:

(1) "Committee" means the Texas-Louisiana border region economic development steering committee.

(2) "Electric utility" means an investor-owned electric utility, a municipally owned electric utility, or an electric cooperative.

(3) "Texas-Louisiana border region" has the meaning assigned by Section 2056.002.

(b) The committee consists of:

(1) the county judges of the five most populous counties in the Texas-Louisiana border region;

(2) the county judge of any other county in the Texas-Louisiana border region, if the commissioners court elects to join the committee; and

(3) any representatives from economic development councils serving the Texas-Louisiana border region, as selected by the committee.

(c) The committee shall develop a strategic plan for the economic development of the Texas-Louisiana border region, in the same manner as a state agency is required by this chapter to make a strategic plan for its operations, and may take action to implement the strategic plan.

(d) The members of the committee shall elect one member as presiding officer. The presiding officer may select another member to preside in the absence of the presiding officer. The presiding officer shall call at least one meeting of the committee each year and may call other meetings as the presiding officer determines are appropriate. A member of the committee is not entitled to compensation for serving as a member but is entitled to reimbursement for reasonable expenses incurred while serving as a member. The committee shall adopt rules for its proceedings and appoint an executive committee. The committee may employ and compensate persons to carry out the powers and duties of the committee. Chapter 171, Local Government Code, applies to a member of the committee in the same manner as that chapter applies to a local public official.

(e) The committee is a public body and a political subdivision of the state exercising public and essential governmental functions and has all the powers necessary or convenient to carry out the purposes of this section. The committee, in the exercise of powers under this section, is performing only governmental functions and is a governmental unit within the meaning of Chapter 101, Civil Practice and Remedies Code.

(f) The committee is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the committee is abolished and this section expires September 1, 2021.

(g) Service on the committee by a county judge is an additional duty of the county judge's office.

(h) The committee may sue and be sued in all courts, may institute and prosecute suits without giving security for costs, and may appeal from a judgment without giving a supersedeas or cost bond. An action at law or in equity against the committee may be brought in any county in the Texas-Louisiana border region.

(i) The committee may acquire by grant, purchase, gift, devise, lease, or otherwise and may hold, use, sell, lease, or dispose of real and personal property, licenses, patents, rights, and interests necessary, convenient, or useful for the full exercise of its powers.

(j) The committee may enter into a joint ownership agreement with any person.

(k) The committee may make contracts, leases, and agreements with, and accept grants and loans from, the United States, this state, agencies and political subdivisions of this state or another state of the United States, and other persons and entities and may perform any act necessary for the full exercise of the powers vested in it.

(l) Notwithstanding Chapter 551, the committee may hold an open or closed meeting by telephone conference call. The meeting is subject to the notice requirements applicable to other meetings. The notice of the meeting must specify as the location of the meeting the location where meetings of the committee are usually held. Each part of the meeting that is required to be open to the public shall be audible to the public at the location specified in the notice and shall be audio recorded. The audio recording shall be made available to the public.

(m) The committee may solicit and accept gifts and grants from any public or private source for purposes of this section.

(n) The committee may require an electric utility that provides retail electric service in the Texas-Louisiana border region to pay to the committee an assessment to be used to pay the costs of the committee.

(o) The committee shall determine the amount of the assessment for each electric utility so that the electric utility pays a proportion of the total costs equal to the proportion of the electric energy the electric utility delivers to retail customers in the Texas-Louisiana border region as compared to the total amount of electric energy all electric utilities deliver in the Texas-Louisiana border region. Such assessment shall be considered a reasonable and necessary cost of an investor-owned electric utility. Upon approval by the Public Utility Commission of Texas of an appropriate allocation of the assessment to customers, an investor-owned electric utility may timely recover the cost of the assessment from its customers through a charge added to customer bills.

(p) An electric utility subject to this section shall provide, as requested by the committee, any information the committee determines is necessary to comply with this section.

SECTION 3. This Act takes effect September 1, 2009.