Texas 2009 - 81st Regular

Texas House Bill HB2551 Compare Versions

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11 81R2090 GCB-D
22 By: Frost H.B. No. 2551
33
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to certain powers of the Red River Redevelopment
88 Authority.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 3503.005, Special District Local Laws
1111 Code, is amended to read as follows:
1212 Sec. 3503.005. EXPANSION OF TERRITORY. The authority's
1313 territory may be expanded as additional:
1414 (1) real property is conveyed or leased to the
1515 authority by the United States; or
1616 (2) counties or municipalities approve annexations.
1717 SECTION 2. Section 3503.101(b), Special District Local Laws
1818 Code, is amended to read as follows:
1919 (b) The authority may exercise any power or duty necessary
2020 or appropriate to carry out a project described by Section
2121 3503.003(a)(3) and the purposes of this chapter, including the
2222 power to:
2323 (1) sue and be sued, and plead and be impleaded, in its
2424 own name;
2525 (2) adopt an official seal;
2626 (3) adopt, enforce, and amend rules for the conduct of
2727 its affairs;
2828 (4) acquire, hold, own, pledge, and dispose of its
2929 revenue, income, receipts, and money from any source;
3030 (5) select its depository;
3131 (6) acquire, own, rent, lease, accept, hold, or
3232 dispose of any property, or any interest in property, including
3333 rights or easements, in performing its duties and exercising its
3434 powers under this chapter, by purchase, exchange, gift, assignment,
3535 sale, lease, or other method;
3636 (7) hold, manage, operate, or improve the property;
3737 (8) sell, assign, lease, encumber, mortgage, or
3838 otherwise dispose of property, or any interest in property, and
3939 relinquish a property right, title, claim, lien, interest,
4040 easement, or demand, however acquired;
4141 (9) perform an activity authorized by Subdivision (8)
4242 by public or private sale, with or without public bidding,
4343 notwithstanding any other law;
4444 (10) lease or rent any land and building, structure,
4545 or facility from or to any person to carry out a chapter purpose;
4646 (11) request and accept an appropriation, grant,
4747 allocation, subsidy, guarantee, aid, service, labor, material, or
4848 gift, from the federal government, the state, a public agency or
4949 political subdivision, or any other source;
5050 (12) operate and maintain an office and appoint and
5151 determine the duties, tenure, qualifications, and compensation of
5252 officers, employees, agents, professional advisors and counselors,
5353 including financial consultants, accountants, attorneys,
5454 architects, engineers, appraisers, and financing experts, as
5555 considered necessary or advisable by the board;
5656 (13) borrow money and issue bonds, payable solely from
5757 all or a portion of any authority revenue, by resolution or order of
5858 the board and without the necessity of an election;
5959 (14) set and collect rents, rates, fees, and charges
6060 regarding the property and any services provided by the authority;
6161 (15) exercise the powers Chapters 373 and 380, Local
6262 Government Code, grant to a municipality for the development of
6363 housing and expansion of economic development and commercial
6464 activity;
6565 (16) exercise the powers Chapter 49, Water Code,
6666 grants to a general-law district;
6767 (17) exercise the powers Chapter 54, Water Code,
6868 grants to a municipal utility district;
6969 (18) exercise the powers Chapter 441, Transportation
7070 Code, grants to a road utility district;
7171 (19) exercise the powers Subchapter C, Chapter 271,
7272 Local Government Code, grants to a municipality or county;
7373 (20) exercise the powers Chapter 402, Local Government
7474 Code, grants to a municipality for the provision of municipal
7575 utilities;
7676 (21) contract and be contracted with, in the
7777 authority's own name, another person in the performance of the
7878 authority's powers or duties to carry out a project described by
7979 Section 3503.003(a)(3), or to accomplish the purposes of this
8080 chapter for a period of years, on the terms, and by competitive
8181 bidding or by negotiated contract, all as the board considers
8282 appropriate, desirable, and in the best interests of the authority
8383 and the accomplishment of chapter purposes; [and]
8484 (22) acquire, hold, own, sell, assign, lease,
8585 encumber, mortgage, or otherwise dispose of any real, personal, or
8686 mixed property located outside the perimeter of the property
8787 described by Section 3503.004 if the other property enhances or
8888 facilitates the development, redevelopment, maintenance, or
8989 expansion of new and existing businesses, industry, or commercial
9090 activity on the property;
9191 (23) exercise the powers Chapter 22, Transportation
9292 Code, grants to a municipality or county; and
9393 (24) exercise the powers Section 379B.0041 grants to a
9494 defense base development authority.
9595 SECTION 3. Section 3503.103, Special District Local Laws
9696 Code, is amended to read as follows:
9797 Sec. 3503.103. WATER, SEWER, TELECOMMUNICATIONS, AND
9898 NATURAL GAS PROJECTS; EMINENT DOMAIN. (a) The authority may
9999 undertake a project under Section 3503.003(a)(3) to develop water,
100100 sewer, telecommunications, including fiber optics, and natural gas
101101 projects to benefit the authority.
102102 (b) The authority may exercise the power of eminent domain
103103 for a project under this section but only in relation to land or
104104 other property located in Bowie County.
105105 SECTION 4. Subchapter C, Chapter 3503, Special District
106106 Local Laws Code, is amended by adding Section 3503.109 to read as
107107 follows:
108108 Sec. 3503.109. INDEMNITY. The authority may indemnify an
109109 authority employee or board member or former authority employee or
110110 board member for necessary expenses and costs, including attorney's
111111 fees, incurred by that person in connection with a claim asserted
112112 against that person if:
113113 (1) the claim relates to an act or omission of the
114114 person when acting in the scope of the person's board membership or
115115 authority employment; and
116116 (2) the person has not been found liable or guilty on
117117 the claim.
118118 SECTION 5. This Act takes effect immediately if it receives
119119 a vote of two-thirds of all the members elected to each house, as
120120 provided by Section 39, Article III, Texas Constitution. If this
121121 Act does not receive the vote necessary for immediate effect, this
122122 Act takes effect September 1, 2009.