1 | 1 | | 81R2090 GCB-D |
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2 | 2 | | By: Frost H.B. No. 2551 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to certain powers of the Red River Redevelopment |
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8 | 8 | | Authority. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 3503.005, Special District Local Laws |
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11 | 11 | | Code, is amended to read as follows: |
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12 | 12 | | Sec. 3503.005. EXPANSION OF TERRITORY. The authority's |
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13 | 13 | | territory may be expanded as additional: |
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14 | 14 | | (1) real property is conveyed or leased to the |
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15 | 15 | | authority by the United States; or |
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16 | 16 | | (2) counties or municipalities approve annexations. |
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17 | 17 | | SECTION 2. Section 3503.101(b), Special District Local Laws |
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18 | 18 | | Code, is amended to read as follows: |
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19 | 19 | | (b) The authority may exercise any power or duty necessary |
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20 | 20 | | or appropriate to carry out a project described by Section |
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21 | 21 | | 3503.003(a)(3) and the purposes of this chapter, including the |
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22 | 22 | | power to: |
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23 | 23 | | (1) sue and be sued, and plead and be impleaded, in its |
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24 | 24 | | own name; |
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25 | 25 | | (2) adopt an official seal; |
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26 | 26 | | (3) adopt, enforce, and amend rules for the conduct of |
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27 | 27 | | its affairs; |
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28 | 28 | | (4) acquire, hold, own, pledge, and dispose of its |
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29 | 29 | | revenue, income, receipts, and money from any source; |
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30 | 30 | | (5) select its depository; |
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31 | 31 | | (6) acquire, own, rent, lease, accept, hold, or |
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32 | 32 | | dispose of any property, or any interest in property, including |
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33 | 33 | | rights or easements, in performing its duties and exercising its |
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34 | 34 | | powers under this chapter, by purchase, exchange, gift, assignment, |
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35 | 35 | | sale, lease, or other method; |
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36 | 36 | | (7) hold, manage, operate, or improve the property; |
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37 | 37 | | (8) sell, assign, lease, encumber, mortgage, or |
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38 | 38 | | otherwise dispose of property, or any interest in property, and |
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39 | 39 | | relinquish a property right, title, claim, lien, interest, |
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40 | 40 | | easement, or demand, however acquired; |
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41 | 41 | | (9) perform an activity authorized by Subdivision (8) |
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42 | 42 | | by public or private sale, with or without public bidding, |
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43 | 43 | | notwithstanding any other law; |
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44 | 44 | | (10) lease or rent any land and building, structure, |
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45 | 45 | | or facility from or to any person to carry out a chapter purpose; |
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46 | 46 | | (11) request and accept an appropriation, grant, |
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47 | 47 | | allocation, subsidy, guarantee, aid, service, labor, material, or |
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48 | 48 | | gift, from the federal government, the state, a public agency or |
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49 | 49 | | political subdivision, or any other source; |
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50 | 50 | | (12) operate and maintain an office and appoint and |
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51 | 51 | | determine the duties, tenure, qualifications, and compensation of |
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52 | 52 | | officers, employees, agents, professional advisors and counselors, |
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53 | 53 | | including financial consultants, accountants, attorneys, |
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54 | 54 | | architects, engineers, appraisers, and financing experts, as |
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55 | 55 | | considered necessary or advisable by the board; |
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56 | 56 | | (13) borrow money and issue bonds, payable solely from |
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57 | 57 | | all or a portion of any authority revenue, by resolution or order of |
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58 | 58 | | the board and without the necessity of an election; |
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59 | 59 | | (14) set and collect rents, rates, fees, and charges |
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60 | 60 | | regarding the property and any services provided by the authority; |
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61 | 61 | | (15) exercise the powers Chapters 373 and 380, Local |
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62 | 62 | | Government Code, grant to a municipality for the development of |
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63 | 63 | | housing and expansion of economic development and commercial |
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64 | 64 | | activity; |
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65 | 65 | | (16) exercise the powers Chapter 49, Water Code, |
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66 | 66 | | grants to a general-law district; |
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67 | 67 | | (17) exercise the powers Chapter 54, Water Code, |
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68 | 68 | | grants to a municipal utility district; |
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69 | 69 | | (18) exercise the powers Chapter 441, Transportation |
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70 | 70 | | Code, grants to a road utility district; |
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71 | 71 | | (19) exercise the powers Subchapter C, Chapter 271, |
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72 | 72 | | Local Government Code, grants to a municipality or county; |
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73 | 73 | | (20) exercise the powers Chapter 402, Local Government |
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74 | 74 | | Code, grants to a municipality for the provision of municipal |
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75 | 75 | | utilities; |
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76 | 76 | | (21) contract and be contracted with, in the |
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77 | 77 | | authority's own name, another person in the performance of the |
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78 | 78 | | authority's powers or duties to carry out a project described by |
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79 | 79 | | Section 3503.003(a)(3), or to accomplish the purposes of this |
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80 | 80 | | chapter for a period of years, on the terms, and by competitive |
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81 | 81 | | bidding or by negotiated contract, all as the board considers |
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82 | 82 | | appropriate, desirable, and in the best interests of the authority |
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83 | 83 | | and the accomplishment of chapter purposes; [and] |
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84 | 84 | | (22) acquire, hold, own, sell, assign, lease, |
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85 | 85 | | encumber, mortgage, or otherwise dispose of any real, personal, or |
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86 | 86 | | mixed property located outside the perimeter of the property |
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87 | 87 | | described by Section 3503.004 if the other property enhances or |
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88 | 88 | | facilitates the development, redevelopment, maintenance, or |
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89 | 89 | | expansion of new and existing businesses, industry, or commercial |
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90 | 90 | | activity on the property; |
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91 | 91 | | (23) exercise the powers Chapter 22, Transportation |
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92 | 92 | | Code, grants to a municipality or county; and |
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93 | 93 | | (24) exercise the powers Section 379B.0041 grants to a |
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94 | 94 | | defense base development authority. |
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95 | 95 | | SECTION 3. Section 3503.103, Special District Local Laws |
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96 | 96 | | Code, is amended to read as follows: |
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97 | 97 | | Sec. 3503.103. WATER, SEWER, TELECOMMUNICATIONS, AND |
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98 | 98 | | NATURAL GAS PROJECTS; EMINENT DOMAIN. (a) The authority may |
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99 | 99 | | undertake a project under Section 3503.003(a)(3) to develop water, |
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100 | 100 | | sewer, telecommunications, including fiber optics, and natural gas |
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101 | 101 | | projects to benefit the authority. |
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102 | 102 | | (b) The authority may exercise the power of eminent domain |
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103 | 103 | | for a project under this section but only in relation to land or |
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104 | 104 | | other property located in Bowie County. |
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105 | 105 | | SECTION 4. Subchapter C, Chapter 3503, Special District |
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106 | 106 | | Local Laws Code, is amended by adding Section 3503.109 to read as |
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107 | 107 | | follows: |
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108 | 108 | | Sec. 3503.109. INDEMNITY. The authority may indemnify an |
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109 | 109 | | authority employee or board member or former authority employee or |
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110 | 110 | | board member for necessary expenses and costs, including attorney's |
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111 | 111 | | fees, incurred by that person in connection with a claim asserted |
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112 | 112 | | against that person if: |
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113 | 113 | | (1) the claim relates to an act or omission of the |
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114 | 114 | | person when acting in the scope of the person's board membership or |
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115 | 115 | | authority employment; and |
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116 | 116 | | (2) the person has not been found liable or guilty on |
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117 | 117 | | the claim. |
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118 | 118 | | SECTION 5. This Act takes effect immediately if it receives |
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119 | 119 | | a vote of two-thirds of all the members elected to each house, as |
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120 | 120 | | provided by Section 39, Article III, Texas Constitution. If this |
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121 | 121 | | Act does not receive the vote necessary for immediate effect, this |
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122 | 122 | | Act takes effect September 1, 2009. |
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