DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 200 Reengrossed 2015 Regular Session Harrison
Abstract: Relative to the Terrebonne Economic Development Authority, provides relative to
membership of the authority's governing board and provides for the powers and duties of the
authority and its governing board.
Present law creates and provides for the Terrebonne Economic Development Authority as a political
subdivision of the state for the primary object and purpose of promoting, encouraging, and
participating in industrial development to stimulate the economy through commerce, industry, and
research and for the utilization and development of natural, physical, and human resources of the
area by providing job opportunities. Provides that district boundaries are coterminous with the
boundaries of Terrebonne Parish.
Proposed law retains present law except provides that the purpose of the district is for business
development rather than industrial development.
Present law grants the authority all of the rights, powers, privileges, and immunities granted to
political subdivisions for industrial, commercial, research, and economic development purposes,
including but not limited to the power of taxation, the power to incur debt and issue bonds, subject
to limitations provided in present law.
Proposed law removes the powers granted for industrial, commercial, and research, purposes.
Proposed law otherwise retains present law.
Present law provides that the board of commissioners of the authority is composed of 11 voting
members and one nonvoting member as follows:
(1)Two members appointed by the Terrebonne Parish Council, one of whom is appointed at
large from the parish and one of whom is an African-American selected by the council from
a list of two names nominated by the Terrebonne Chapter of the National Association for the
Advancement of Colored People.
(2)One member appointed by the Terrebonne Parish president.
(3)Three members appointed by the Terrebonne Parish Council, one of whom is an
African-American, selected by the council from a list of six names nominated by the
Houma-Terrebonne Chamber of Commerce. (4)Three members appointed by the Terrebonne Parish Council, one of whom is a woman,
selected by the council from a list of six names nominated by the South Central Industrial
Association.
(5)One member appointed by the Terrebonne Parish Council from a list of two names
nominated by the superintendent of the Terrebonne Parish school system.
(6)One member appointed by the Terrebonne Parish Council from a list of two names
nominated by the chancellor of L.E. Fletcher Technical Community College.
(7)The president of Nicholls State University or his designee who is a nonvoting member and
is not counted for purposes of a quorum.
Proposed law instead provides that the authority is governed by a board of nine members as follows:
(1)Two members appointed by the governing authority of Terrebonne Parish, both of whom are
Black or African American.
(2)One member appointed by the president of Terrebonne Parish.
(3)Three members appointed by governing board of the South Central Industrial Association
and confirmed by the governing authority of Terrebonne Parish.
(4)Three members appointed by the governing board of the Houma-Terrebonne Chamber of
Commerce and confirmed by the governing authority of Terrebonne Parish.
Proposed law provides that board members appointed pursuant to (2) through (4) above may be
removed with or without cause by the appointing authority and with cause by a two-thirds vote of
the remaining board membership. Provides that board members appointed pursuant to (1) above
may be removed with or without cause by a two-thirds vote of the governing authority of Terrebonne
Parish.
Present law provides that board members serve three-year staggered terms. Requires board members
to serve without compensation but authorizes reimbursement. Proposed law retains present law.
Present law requires all voting members to be citizens of the U.S. and qualified voters residing
within the limits of the authority. Requires 10 of the 11 voting members to be either a proprietor,
partner, or officer of a business within the limits of the authority. Proposed law instead requires all
members to be citizens of the U.S., qualified voters residing within the boundaries of the authority,
and either a proprietor, partner, or officer of a business within the boundaries of the authority.
Present law requires the Terrebonne Parish Council to fill a vacancy if the nominating entity fails
to nominate a successor within 60 days of the vacancy. Requires the council to appoint a successor
from a list of two names submitted by the parish president. Proposed law removes present law. Present law provides that board members are eligible for reappointment; however, no member can
be appointed to serve for more than three consecutive terms. Proposed law provides instead that no
board member can be appointed to serve for more than two consecutive terms. Otherwise retains
present law provisions providing for reappointment of board members.
Present law authorizes the board to establish and appoint an advisory committee. Requires the
advisory committee to meet periodically with the board. Proposed law instead authorizes the board
to establish advisory committees and appoint members to any such committee. Requires the advisory
committees to meet upon the request of a majority of the board membership.
Present law provides for the powers and duties of the Terrebonne Economic Development Authority,
including but not limited to the following:
(1)To sue and be sued.
(2)To adopt, use, and alter at will a corporate seal.
(3)To acquire by donation, grant, purchase, lease, or otherwise, all property, including
servitudes or rights of use.
(4)To enter into contracts for the purchase, acquisition, construction, maintenance, and
improvement of works and facilities necessary in connection with the purposes of the
authority.
(5)To require and issue licenses with respect to its properties and facilities.
(6)To appoint officers, agents, and employees, prescribe their duties and fix their compensation.
Proposed law retains present law except removes the power to require and issue licenses with respect
to its properties and facilities and to appoint officers, agents, and employees. Additionally removes
the power to use other means to acquire property, other than by donation, grant, purchase, or lease.
Present law authorizes the legislature to confer additional powers on the authority; provides however,
that nothing can impair any contract lawfully entered into by the authority. Proposed law removes
present law.
Proposed law additionally provides that the authority shall not be deemed to be an instrumentality
of the state for purposes of civil service provisions of the Constitution of La.
Present law defines "cooperative endeavor" to mean any form of economic development assistance
between or among the "authority" and the state, any of its local governmental subdivisions, political
corporations or public benefit corporations, the U.S. or its agencies, or any public or private
association, corporation, or individual. Proposed law removes present law.
Present law requires the board to establish and maintain special accounts including, a revolving loan guarantee fund to guarantee certain loans, an economic development operation fund for the attraction
of industries, and an account for the maintenance and operation of a governmental procurement
center to provide necessary information to companies and individuals engaged in providing certain
services and goods. Proposed law authorizes rather than requires the board to establish these special
accounts.
Proposed law provides that the terms of the members of the authority in office on the effective date
of proposed law shall terminate on such date; however, the members must remain in office until
members are appointed pursuant to proposed law and take office.
(Amends R.S. 33:130.251, 130.252, 130.253, 130.254(A), 130.255, 130.256, 130.257(A) and
(B)(intro. para.), 130.258, and 130.261(C) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill:
1. Change the qualifications for the two members appointed by the governing authority of
Terrebonne Parish and the member appointed by the president of Terrebonne Parish.
2. Remove provisions that grant to the authority the power to use other means to acquire
property, including economic development projects, other than by purchase, donation,
grant, exchange, or lease. Additionally removes provisions that grant to the authority the
power to use other means to receive money, property, or other assistance other than by
grant or donation.
The House Floor Amendments to the engrossed bill:
1. Are solely technical.