| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to establishing an intergovernmental development |
|
|
corporation in certain counties to foster minority- or women-owned |
|
|
construction businesses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle C, Title 12, Local Government Code, is |
|
|
amended by adding Chapter 396 to read as follows: |
|
|
CHAPTER 396. INTERGOVERNMENTAL DEVELOPMENT CORPORATIONS IN |
|
|
CERTAIN COUNTIES |
|
|
Sec. 396.001. APPLICABILITY. This chapter applies only to |
|
|
a county with a population of more than two million that is adjacent |
|
|
to another county with a population of more than two million. |
|
|
Sec. 396.002. FINDING AND PURPOSE. (a) The legislature |
|
|
finds that it is an appropriate role for local governmental |
|
|
entities to foster the development of construction businesses that |
|
|
are owned by members of a minority group or by women. |
|
|
(b) The program authorized by this chapter, including the |
|
|
authority to grant public money under the program, is in the public |
|
|
interest, promotes economic diversity, and serves the public |
|
|
purpose of economic development and diversification. |
|
|
(c) This chapter shall be liberally construed in conformity |
|
|
with the finding and purposes stated in this section. |
|
|
Sec. 396.003. CREATION OF CORPORATION. (a) The |
|
|
commissioners court of a county subject to this chapter and the |
|
|
governing body of a single political subdivision or governing |
|
|
bodies of a combination of political subdivisions located wholly or |
|
|
partly in a county subject to this chapter may create a corporation |
|
|
under this chapter. |
|
|
(b) Only one corporation may be created in a county under |
|
|
this chapter. |
|
|
(c) A corporation created under this chapter must be formed |
|
|
as a nonprofit corporation under the Business Organizations Code. |
|
|
To the extent of a conflict with respect to the powers, rights, or |
|
|
duties of a nonprofit corporation between the Business |
|
|
Organizations Code and this chapter, this chapter prevails. |
|
|
(d) The certificate of formation of the corporation must |
|
|
state that the corporation is governed by this chapter. |
|
|
(e) The initial bylaws of the corporation shall be adopted |
|
|
by its board of directors and approved by resolution by each |
|
|
governing body that created the corporation. Any subsequent |
|
|
changes made to the bylaws must be approved by each governing body |
|
|
that created the corporation. |
|
|
Sec. 396.004. BOARD OF DIRECTORS. (a) The corporation is |
|
|
governed by a board of directors. Each governing body that created |
|
|
the corporation shall appoint one member of the board. If an even |
|
|
number of governing bodies are entitled to appoint a member to the |
|
|
board, the governing bodies, in addition to individually appointing |
|
|
one member as provided by this subsection, shall jointly appoint |
|
|
one member of the board. |
|
|
(b) Board members serve staggered two-year terms, with as |
|
|
near as possible to one-half of the members' terms expiring each |
|
|
year. A board member serves at the will of the governing body or |
|
|
governing bodies, as applicable, that appointed the member. |
|
|
Successor members are appointed in the same manner as the original |
|
|
appointees. |
|
|
(c) A board member may not have a personal interest in a |
|
|
contract executed by the corporation. |
|
|
(d) A board member is not entitled to compensation but is |
|
|
entitled to reimbursement for actual and necessary expenses |
|
|
incurred in serving as a board member. |
|
|
(e) The board shall appoint from its members a presiding |
|
|
officer, a secretary, and other officers of the corporation that |
|
|
the board considers necessary. |
|
|
Sec. 396.005. ADOPTION AND APPROVAL OF BUDGET; REVIEW OF |
|
|
CORPORATE FINANCES. (a) The board shall prepare an annual budget |
|
|
for the corporation. The budget must be approved by the board and |
|
|
presented to and approved by each governing body that created the |
|
|
corporation. The corporation may not make any expenditure |
|
|
authorized by this chapter until the budget has been approved as |
|
|
provided by this section. An amendment of the budget must be |
|
|
approved in the same manner as the budget. |
|
|
(b) A governing body that created the corporation is |
|
|
entitled, at all times, to access to the books and records of the |
|
|
corporation. |
|
|
Sec. 396.006. PROGRAM TO FOSTER MINORITY- OR WOMEN-OWNED |
|
|
CONSTRUCTION BUSINESSES. A corporation may develop and implement a |
|
|
program to provide for owners of construction businesses who are |
|
|
members of a minority group or who are women: |
|
|
(1) training and mentoring, including providing |
|
|
long-term training and in-training support service grants, through |
|
|
the participation of general contractors who have substantial |
|
|
experience and expertise providing construction services in the |
|
|
county; and |
|
|
(2) any other undertaking, including granting public |
|
|
money, that the board determines will directly foster the |
|
|
development of construction businesses that are owned by members of |
|
|
a minority group or by women. |
|
|
Sec. 396.007. GENERAL POWERS OF CORPORATION. The |
|
|
corporation may: |
|
|
(1) administer a program authorized by this chapter; |
|
|
(2) perform any act necessary for the full exercise of |
|
|
the corporation's powers; |
|
|
(3) accept a grant or loan from: |
|
|
(A) a governing body that created the |
|
|
corporation; |
|
|
(B) a department or agency of the United States; |
|
|
(C) a department or agency of this state; or |
|
|
(D) a public or private person; |
|
|
(4) employ any necessary personnel; |
|
|
(5) adopt rules to govern the operation of the |
|
|
corporation and its employees and property; and |
|
|
(6) contract or enter into a memorandum of |
|
|
understanding or a similar agreement with a public or private |
|
|
person in connection with a program authorized by this chapter. |
|
|
Sec. 396.008. NATURE OF CORPORATE PROPERTY. (a) The |
|
|
legislature finds for all constitutional and statutory purposes |
|
|
that the corporation owns, uses, and holds its property for public |
|
|
purposes. |
|
|
(b) Section 25.07(a), Tax Code, does not apply to a |
|
|
leasehold or other possessory interest granted by the corporation. |
|
|
(c) Property owned by the corporation is exempt from |
|
|
taxation under Section 11.11, Tax Code, while the corporation owns |
|
|
the property. |
|
|
Sec. 396.009. OPEN RECORDS AND MEETINGS. The board is |
|
|
considered a governmental body for the purposes of Chapters 551 and |
|
|
552, Government Code. |
|
|
SECTION 2. 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, 2021. |