88R6029 JTZ-F
 
  By: VanDeaver H.B. No. 2558
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the TexAmericas Center to provide
  services to and make investments in certain business enterprises
  and to create certain business organizations for purposes of the
  center.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3503.101(b), Special District Local Laws
  Code, is amended to read as follows:
         (b)  The authority may exercise any power or duty necessary
  or appropriate to carry out a project described by Section
  3503.003(a)(3) and the purposes of this chapter, including the
  power to:
               (1)  sue and be sued, and plead and be impleaded, in its
  own name;
               (2)  adopt an official seal;
               (3)  adopt, enforce, and amend rules for the conduct of
  its affairs;
               (4)  acquire, hold, own, pledge, and dispose of its
  revenue, income, receipts, and money from any source;
               (5)  select its depository;
               (6)  acquire, own, rent, lease, accept, hold, or
  dispose of any property, or any interest in property, including
  rights or easements, in performing its duties and exercising its
  powers under this chapter, by purchase, exchange, gift, assignment,
  sale, lease, or other method;
               (7)  hold, manage, operate, or improve the property;
               (8)  sell, assign, lease, encumber, mortgage, or
  otherwise dispose of property, or any interest in property, and
  relinquish a property right, title, claim, lien, interest,
  easement, or demand, however acquired;
               (9)  perform an activity authorized by Subdivision (8)
  by public or private sale, with or without public bidding,
  notwithstanding any other law;
               (10)  lease or rent any land and building, structure,
  or facility from or to any person to carry out a chapter purpose;
               (11)  request and accept an appropriation, grant,
  allocation, subsidy, guarantee, aid, service, labor, material, or
  gift, from the federal government, the state, a public agency or
  political subdivision, or any other source;
               (12)  operate and maintain an office and appoint and
  determine the duties, tenure, qualifications, and compensation of
  officers, employees, agents, professional advisors and counselors,
  including financial consultants, accountants, attorneys,
  architects, engineers, appraisers, and financing experts, as
  considered necessary or advisable by the board;
               (13)  borrow money and issue bonds, payable solely from
  all or a portion of any authority revenue, by resolution or order of
  the board and without the necessity of an election;
               (14)  set and collect rents, rates, fees, and charges
  regarding the property and any services provided by the authority;
               (15)  exercise the powers Chapters 373 and 380, Local
  Government Code, grant to a municipality for the development of
  housing and expansion of economic development and commercial
  activity;
               (16)  exercise the powers Chapter 49, Water Code,
  grants to a general-law district;
               (17)  exercise the powers Chapter 54, Water Code,
  grants to a municipal utility district;
               (18)  exercise the powers Chapter 552, Transportation
  Code, grants to a road utility district;
               (19)  exercise the powers Subchapter C, Chapter 271,
  Local Government Code, grants to a municipality or county;
               (20)  exercise the powers Chapter 552, Local Government
  Code, grants to a municipality for the provision of municipal
  utilities;
               (21)  contract and be contracted with, in the
  authority's own name, another person in the performance of the
  authority's powers or duties to carry out a project described by
  Section 3503.003(a)(3), or to accomplish the purposes of this
  chapter for a period of years, on the terms, and by competitive
  bidding or by negotiated contract, all as the board considers
  appropriate, desirable, and in the best interests of the authority
  and the accomplishment of chapter purposes;
               (22)  acquire, hold, own, sell, assign, lease,
  encumber, mortgage, or otherwise dispose of any real, personal, or
  mixed property located outside the perimeter of the property
  described by Section 3503.004 if the other property enhances or
  facilitates the development, redevelopment, maintenance, or
  expansion of new and existing businesses, industry, or commercial
  activity on the property;
               (23)  exercise the powers Chapter 22, Transportation
  Code, grants to a municipality or county;
               (24)  exercise the powers Chapter 379B, Local
  Government Code, grants to a defense base development authority;
               (25)  exercise the powers of a municipality under
  Chapters 211 and 212, 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. 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. The
  authority regains the power in an area if the municipality
  disannexes the area;
               (26)  fund and carry out a project the board determines
  will promote or support an active military base located in the same
  county as the authority to prevent closure or realignment of the
  base and attract new military missions to the base, including a
  project to create jobs, retain jobs, grant or loan money to a
  federal entity, make improvements to infrastructure, buildings, or
  land, or acquire land; and
               (27)  for a fee, provide services, provide investment
  capital, or operate facilities as an independent contractor inside
  or outside the boundaries of the authority and this state to
  promote, enhance, develop, or assist a person in the:
                     (A)  creation and operation of a new business,
  industry, [or] commercial activity, or manufacturing operation:
                           (i)  inside [in] the boundaries of the
  authority; or
                           (ii)  on a military base located in the same
  county as the authority; or
                     (B)  expansion or relocation of an existing
  business, industry, commercial activity, or manufacturing
  operation:
                           (i)  inside the boundaries of the authority;
  or
                           (ii)  on a military base located in the same
  county as the authority.
         SECTION 2.  Section 3503.112, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3503.112.  NONPROFIT CORPORATIONS AND LIMITED
  LIABILITY COMPANIES [FOR SPECIAL PROJECTS].  (a)  The authority may
  authorize by resolution the creation of a nonprofit corporation
  under the Business Organizations Code [solely] to undertake on
  behalf of the authority a project described by Section 3503.003 or
  carry out any other purpose described by that section on the
  authority's behalf [3503.003(a)(3)].
         (a-1)  After the creation of a nonprofit corporation under
  Subsection (a), the authority may authorize by resolution:
               (1)  the creation of a limited liability company under
  the Business Organizations Code for the purposes described by
  Subsection (a); and
               (2)  the designation of the nonprofit corporation
  described by Subsection (a) to participate as a member of the
  company.
         (b)  The board shall appoint the board of directors of each
  nonprofit corporation or limited liability company created under
  this section.  A board member is not required to reside in the
  authority.
         (c)  A board member or employee of the authority may
  simultaneously serve as a member of the board of directors of a
  nonprofit corporation or limited liability company created under
  this section. A person serving as a board member of the authority
  and of a nonprofit corporation or limited liability company created
  under this section may participate in all votes relating to the
  business of the authority, [or the] corporation, or company.
         (d)  A [The] nonprofit corporation or limited liability
  company created under this section may not exercise the power of
  eminent domain.
         (e)  A nonprofit corporation or limited liability company 
  created under this section is subject to Chapters 551 and 552,
  Government Code.
         SECTION 3.  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, 2023.