Texas 2009 - 81st Regular

Texas House Bill HB3802 Compare Versions

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1	1	H.B. No. 3802
2	2
3	3
4	4	AN ACT
5	5	relating to certain powers of the Red River Redevelopment
6	6	Authority.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 3503.005, Special District Local Laws
9	9	Code, is amended to read as follows:
10	10	Sec. 3503.005. EXPANSION OF TERRITORY. The authority's
11	11	territory may be expanded as additional:
12	12	(1) real property is conveyed or leased to the
13	13	authority by the United States; or
14	14	(2) counties or municipalities approve annexations.
15	15	SECTION 2. Section 3503.101(b), Special District Local Laws
16	16	Code, is amended to read as follows:
17	17	(b) The authority may exercise any power or duty necessary
18	18	or appropriate to carry out a project described by Section
19	19	3503.003(a)(3) and the purposes of this chapter, including the
20	20	power to:
21	21	(1) sue and be sued, and plead and be impleaded, in its
22	22	own name;
23	23	(2) adopt an official seal;
24	24	(3) adopt, enforce, and amend rules for the conduct of
25	25	its affairs;
26	26	(4) acquire, hold, own, pledge, and dispose of its
27	27	revenue, income, receipts, and money from any source;
28	28	(5) select its depository;
29	29	(6) acquire, own, rent, lease, accept, hold, or
30	30	dispose of any property, or any interest in property, including
31	31	rights or easements, in performing its duties and exercising its
32	32	powers under this chapter, by purchase, exchange, gift, assignment,
33	33	sale, lease, or other method;
34	34	(7) hold, manage, operate, or improve the property;
35	35	(8) sell, assign, lease, encumber, mortgage, or
36	36	otherwise dispose of property, or any interest in property, and
37	37	relinquish a property right, title, claim, lien, interest,
38	38	easement, or demand, however acquired;
39	39	(9) perform an activity authorized by Subdivision (8)
40	40	by public or private sale, with or without public bidding,
41	41	notwithstanding any other law;
42	42	(10) lease or rent any land and building, structure,
43	43	or facility from or to any person to carry out a chapter purpose;
44	44	(11) request and accept an appropriation, grant,
45	45	allocation, subsidy, guarantee, aid, service, labor, material, or
46	46	gift, from the federal government, the state, a public agency or
47	47	political subdivision, or any other source;
48	48	(12) operate and maintain an office and appoint and
49	49	determine the duties, tenure, qualifications, and compensation of
50	50	officers, employees, agents, professional advisors and counselors,
51	51	including financial consultants, accountants, attorneys,
52	52	architects, engineers, appraisers, and financing experts, as
53	53	considered necessary or advisable by the board;
54	54	(13) borrow money and issue bonds, payable solely from
55	55	all or a portion of any authority revenue, by resolution or order of
56	56	the board and without the necessity of an election;
57	57	(14) set and collect rents, rates, fees, and charges
58	58	regarding the property and any services provided by the authority;
59	59	(15) exercise the powers Chapters 373 and 380, Local
60	60	Government Code, grant to a municipality for the development of
61	61	housing and expansion of economic development and commercial
62	62	activity;
63	63	(16) exercise the powers Chapter 49, Water Code,
64	64	grants to a general-law district;
65	65	(17) exercise the powers Chapter 54, Water Code,
66	66	grants to a municipal utility district;
67	67	(18) exercise the powers Chapter 552, Transportation
68	68	Code, grants to a road utility district;
69	69	(19) exercise the powers Subchapter C, Chapter 271,
70	70	Local Government Code, grants to a municipality or county;
71	71	(20) exercise the powers Chapter 402, Local Government
72	72	Code, grants to a municipality for the provision of municipal
73	73	utilities;
74	74	(21) contract and be contracted with, in the
75	75	authority's own name, another person in the performance of the
76	76	authority's powers or duties to carry out a project described by
77	77	Section 3503.003(a)(3), or to accomplish the purposes of this
78	78	chapter for a period of years, on the terms, and by competitive
79	79	bidding or by negotiated contract, all as the board considers
80	80	appropriate, desirable, and in the best interests of the authority
81	81	and the accomplishment of chapter purposes; [and]
82	82	(22) acquire, hold, own, sell, assign, lease,
83	83	encumber, mortgage, or otherwise dispose of any real, personal, or
84	84	mixed property located outside the perimeter of the property
85	85	described by Section 3503.004 if the other property enhances or
86	86	facilitates the development, redevelopment, maintenance, or
87	87	expansion of new and existing businesses, industry, or commercial
88	88	activity on the property;
89	89	(23) exercise the powers Chapter 22, Transportation
90	90	Code, grants to a municipality or county;
91	91	(24) exercise the powers Chapter 379B, Local
92	92	Government Code, grants to a defense base development authority;
93	93	and
94	94	(25) exercise the powers of a municipality under
95	95	Chapters 211 and 212, Local Government Code, in the territory of the
96	96	authority, including an area of the authority that is in the
97	97	boundaries of a municipality's limited purpose jurisdiction and
98	98	extraterritorial jurisdiction. On annexation of an area of the
99	99	authority for full purposes by a municipality, the authority's
100	100	power to regulate the area under Chapters 211 and 212 expires. The
101	101	authority regains the power in an area if the municipality
102	102	disannexes the area.
103	103	SECTION 3. Subchapter C, Chapter 3503, Special District
104	104	Local Laws Code, is amended by adding Section 3503.109 to read as
105	105	follows:
106	106	Sec. 3503.109. INDEMNITY. The authority may indemnify an
107	107	authority employee or board member or former authority employee or
108	108	board member for necessary expenses and costs, including attorney's
109	109	fees, incurred by that person in connection with a claim asserted
110	110	against that person if:
111	111	(1) the claim relates to an act or omission of the
112	112	person when acting in the scope of the person's board membership or
113	113	authority employment; and
114	114	(2) the person has not been found liable or guilty on
115	115	the claim.
116	116	SECTION 4. This Act takes effect immediately if it receives
117	117	a vote of two-thirds of all the members elected to each house, as
118	118	provided by Section 39, Article III, Texas Constitution. If this
119	119	Act does not receive the vote necessary for immediate effect, this
120	120	Act takes effect September 1, 2009.
121	121	______________________________ ______________________________
122	122	President of the Senate Speaker of the House
123	123	I certify that H.B. No. 3802 was passed by the House on May 5,
124	124	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
125	125	voting.
126	126	______________________________
127	127	Chief Clerk of the House
128	128	I certify that H.B. No. 3802 was passed by the Senate on May
129	129	27, 2009, by the following vote: Yeas 31, Nays 0.
130	130	______________________________
131	131	Secretary of the Senate
132	132	APPROVED: _____________________
133	133	Date
134	134	_____________________
135	135	Governor