Texas 2009 - 81st Regular

Texas Senate Bill SB1014 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1849 MCK-D
2	2	By: Hinojosa S.B. No. 1014
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Military
8	8	Preparedness Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 436.001, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 436.001. DEFINITIONS [DEFINITION]. In this chapter:
13	13	(1) "Commission"[, "commission"] means the Texas
14	14	Military Preparedness Commission.
15	15	(2) "Office" means the Texas Economic Development and
16	16	Tourism Office in the office of the governor.
17	17	SECTION 2. Section 436.002, Government Code, is amended to
18	18	read as follows:
19	19	Sec. 436.002. COMMISSION. The commission is within the
20	20	office [of the governor] and shall report to the executive director
21	21	of the office [governor or the governor's designee].
22	22	SECTION 3. Section 436.051, Government Code, is amended by
23	23	adding Subsection (d) to read as follows:
24	24	(d) A person may not be a public member of the commission if
25	25	the person or the person's spouse:
26	26	(1) is employed by or participates in the management
27	27	of a business entity or other organization regulated by or
28	28	receiving money from the commission;
29	29	(2) owns or controls, directly or indirectly, more
30	30	than a 10 percent interest in a business entity or other
31	31	organization regulated by or receiving money from the commission;
32	32	or
33	33	(3) uses or receives a substantial amount of tangible
34	34	goods, services, or money from the commission other than
35	35	compensation or reimbursement authorized by law for commission
36	36	membership, attendance, or expenses.
37	37	SECTION 4. Section 436.056(a), Government Code, is amended
38	38	to read as follows:
39	39	(a) It is a ground for removal from the commission that a
40	40	public member:
41	41	(1) does not have at the time of taking office the
42	42	qualifications required by Section 436.051(b);
43	43	(2) does not maintain during service on the commission
44	44	the qualifications required by Section 436.051(b);
45	45	(3) is ineligible for membership under Section
46	46	436.051(d) or 436.055;
47	47	(4) cannot, because of illness or disability,
48	48	discharge the member's duties for a substantial part of the member's
49	49	term; or
50	50	(5) is absent from more than half of the regularly
51	51	scheduled commission meetings that the member is eligible to attend
52	52	during a calendar year without an excuse approved by a majority vote
53	53	of the commission.
54	54	SECTION 5. Subchapter B, Chapter 436, Government Code, is
55	55	amended by adding Section 436.0561 to read as follows:
56	56	Sec. 436.0561. TRAINING. (a) A person who is appointed to
57	57	and qualifies for office as a member of the commission may not vote,
58	58	deliberate, or be counted as a member in attendance at a meeting of
59	59	the commission until the person completes a training program that
60	60	complies with this section.
61	61	(b) The training program must provide the person with
62	62	information regarding:
63	63	(1) the legislation that created the commission;
64	64	(2) the programs, functions, rules, and budget of the
65	65	commission;
66	66	(3) the results of the most recent formal audit of the
67	67	commission;
68	68	(4) the requirements of laws relating to open
69	69	meetings, public information, administrative procedure, and
70	70	conflicts of interest; and
71	71	(5) any applicable ethics policies adopted by the
72	72	office, the commission, or the Texas Ethics Commission.
73	73	(c) A person appointed to the commission is entitled to
74	74	reimbursement, as provided by the General Appropriations Act, for
75	75	the travel expenses incurred in attending the training program
76	76	regardless of whether the attendance at the program occurs before
77	77	or after the person qualifies for office.
78	78	SECTION 6. The heading to Section 436.057, Government Code,
79	79	is amended to read as follows:
80	80	Sec. 436.057. DIRECTOR; STAFF.
81	81	SECTION 7. Section 436.057(c), Government Code, is amended
82	82	to read as follows:
83	83	(c) The governor shall determine the [director may hire]
84	84	staff for [within guidelines established by] the commission.
85	85	SECTION 8. Section 436.101, Government Code, is amended to
86	86	read as follows:
87	87	Sec. 436.101. POWERS AND DUTIES OF COMMISSION. The
88	88	commission shall:
89	89	(1) advise the governor and the legislature on
90	90	military issues and economic and industrial development related to
91	91	military issues;
92	92	(2) make recommendations regarding:
93	93	(A) the development of policies and plans to
94	94	support the long-term viability and prosperity of the military,
95	95	active and civilian, in this state, including promoting strategic
96	96	regional alliances that may extend over state lines; and
97	97	(B) the development of methods to assist
98	98	defense-dependent communities in the design and execution of
99	99	programs that enhance a community's relationship with military
100	100	installations and defense-related businesses;
101	101	(3) provide information to communities, the
102	102	legislature, the state's congressional delegation, and state
103	103	agencies regarding federal actions affecting military
104	104	installations and missions;
105	105	(4) serve as a clearinghouse for:
106	106	(A) defense economic adjustment and transition
107	107	information and activities along with the Texas Business and
108	108	Community Economic Development Clearinghouse; and
109	109	(B) information about:
110	110	(i) issues related to the operating costs,
111	111	missions, and strategic value of federal military installations
112	112	located in the state;
113	113	(ii) employment issues for communities that
114	114	depend on defense bases and in defense-related businesses; and
115	115	(iii) defense strategies and incentive
116	116	programs that other states are using to maintain, expand, and
117	117	attract new defense contractors;
118	118	(5) provide assistance to communities that have
119	119	experienced a defense-related closure or realignment;
120	120	(6) assist communities in the design and execution of
121	121	programs that enhance a community's relationship with military
122	122	installations and defense-related businesses, including regional
123	123	alliances that may extend over state lines;
124	124	(7) assist communities in the retention and recruiting
125	125	of defense-related businesses, including fostering strategic
126	126	regional alliances that may extend over state lines; [and]
127	127	(8) encourage economic development in this state by
128	128	fostering the development of industries related to defense affairs;
129	129	and
130	130	(9) advocate for the preservation and expansion of
131	131	missions of reservists at military installations in the state.
132	132	SECTION 9. Section 436.152(d), Government Code, is amended
133	133	to read as follows:
134	134	(d) The commission shall refer the defense community to the
135	135	appropriate state agency that has an existing program to provide
136	136	financing for each project identified in the community's military
137	137	value enhancement statement that adds military value to a military
138	138	facility. If there is no existing program to finance a project, the
139	139	office [commission] may provide a loan of financial assistance to
140	140	the defense community for the project.
141	141	SECTION 10. Sections 436.153(a) through (g), Government
142	142	Code, are amended to read as follows:
143	143	(a) The office [commission] may provide a loan of financial
144	144	assistance to a defense community for a project that will enhance
145	145	the military value of a military facility located in, near, or
146	146	adjacent to the defense community. The loan shall be made from the
147	147	Texas military value revolving loan account established under
148	148	Section 436.156.
149	149	(b) On receiving an application for a loan under this
150	150	section, the office [commission] shall confirm with the commission
151	151	that the project adds military value to the military facility.
152	152	(c) If the commission determines that a project will enhance
153	153	the military value of the military facility, the office
154	154	[commission] shall, in accordance with the criteria adopted by the
155	155	office [commission] under Section 436.154(a):
156	156	(1) analyze the creditworthiness of the defense
157	157	community to determine the defense community's ability to repay the
158	158	loan; and
159	159	(2) evaluate the feasibility of the project to be
160	160	financed to ensure that the defense community has pledged a source
161	161	of revenue or taxes sufficient to repay the loan for the project.
162	162	(d) If the commission confirms [determines] that the funds
163	163	will be used to enhance the military value of the military facility
164	164	based on the base realignment and closure criteria and the office
165	165	determines that the project is financially feasible, the executive
166	166	director of the office [commission] may award a loan to the defense
167	167	community for the project. The office [commission] shall enter
168	168	into a written agreement with a defense community that is awarded a
169	169	loan. The agreement must contain the terms and conditions of the
170	170	loan, including the loan repayment requirements.
171	171	(e) The office [commission] shall notify the Texas Public
172	172	Finance Authority of the amount of the loan and the recipient of the
173	173	loan and request the authority to issue general obligation bonds in
174	174	an amount necessary to fund the loan. The office [commission] and
175	175	the authority shall determine the amount and time of a bond issue to
176	176	best provide funds for one or multiple loans.
177	177	(f) The office [commission] shall administer the loans to
178	178	ensure full repayment of the general obligation bonds issued to
179	179	finance the project.
180	180	(g) The office [commission] may provide a loan only for a
181	181	project that is included in the political subdivision's statement
182	182	under Section 397.002, Local Government Code, or to prepare a
183	183	comprehensive defense installation and community strategic impact
184	184	plan under Section 397.003, Local Government Code.
185	185	SECTION 11. Sections 436.1531(a), (c), (d), (e), and (f),
186	186	Government Code, as added by Chapter 396 (S.B. 1481), Acts of the
187	187	79th Legislature, Regular Session, 2005, are amended to read as
188	188	follows:
189	189	(a) The office [commission] may provide a loan of financial
190	190	assistance to a defense community for an economic development
191	191	project that minimizes the negative effects of a defense base
192	192	reduction on the defense community as a result of a United States
193	193	Department of Defense base realignment process that occurs during
194	194	2005 or later. The loan shall be made from the Texas military value
195	195	revolving loan account established under Section 436.156.
196	196	(c) If the commission determines that a project will reduce
197	197	the negative effects of a defense base reduction on the defense
198	198	community, the office [commission] shall:
199	199	(1) analyze the creditworthiness of the defense
200	200	community to determine the defense community's ability to repay the
201	201	loan; and
202	202	(2) evaluate the feasibility of the project to be
203	203	financed to ensure that the defense community has pledged a source
204	204	of revenue or taxes sufficient to repay the loan for the project.
205	205	(d) If the office [commission] determines that the funds
206	206	will be used to finance an economic development project that will
207	207	reduce the negative effects of a defense base reduction on the
208	208	defense community and that the project is financially feasible, the
209	209	office [commission] may award a loan to the defense community for
210	210	the project. The office [commission] shall enter into a written
211	211	agreement with a defense community that is awarded a loan. The
212	212	agreement must contain the terms and conditions of the loan,
213	213	including the loan repayment requirements.
214	214	(e) The office [commission] shall notify the Texas Public
215	215	Finance Authority of the amount of the loan and the recipient of the
216	216	loan and request the authority to issue general obligation bonds in
217	217	an amount necessary to fund the loan. The office [commission] and
218	218	the authority shall determine the amount and time of a bond issue to
219	219	best provide funds for one or multiple loans.
220	220	(f) The office [commission] shall administer the loans to
221	221	ensure full repayment of the general obligation bonds issued to
222	222	finance the project.
223	223	SECTION 12. Sections 436.1532(a), (c), (d), (e), and (f),
224	224	Government Code, as added by Chapter 396 (S.B. 1481), Acts of the
225	225	79th Legislature, Regular Session, 2005, are amended to read as
226	226	follows:
227	227	(a) The office [commission] may provide a loan of financial
228	228	assistance to a defense community for an infrastructure project to
229	229	accomodate new or expanded military missions assigned to a military
230	230	facility located in, near, or adjacent to the defense community as a
231	231	result of a United States Department of Defense base realignment
232	232	process that occurs during 2005 or later. The loan shall be made
233	233	from the Texas military value revolving loan account established
234	234	under Section 436.156.
235	235	(c) If the commission determines that the project will
236	236	assist the defense community in accommodating the new or expanded
237	237	military missions that are assigned to the military facility, the
238	238	office [commission] shall:
239	239	(1) analyze the creditworthiness of the defense
240	240	community to determine the defense community's ability to repay the
241	241	loan; and
242	242	(2) evaluate the feasibility of the project to be
243	243	financed to ensure that the defense community has pledged a source
244	244	of revenue or taxes sufficient to repay the loan for the project.
245	245	(d) If the commission determines that the funds will be used
246	246	to finance an infrastructure project to accommodate new or expanded
247	247	military missions assigned to the military facility located in,
248	248	near, or adjacent to the defense community and the office
249	249	determines that the project is financially feasible, the office
250	250	[commission] may award a loan to the defense community for the
251	251	project. The office [commission] shall enter into a written
252	252	agreement with a defense community that is awarded a loan. The
253	253	agreement must contain the terms and conditions of the loan,
254	254	including the loan repayment requirements.
255	255	(e) The office [commission] shall notify the Texas Public
256	256	Finance Authority of the amount of the loan and the recipient of the
257	257	loan and request the authority to issue general obligation bonds in
258	258	an amount necessary to fund the loan. The office [commission] and
259	259	the authority shall determine the amount and time of a bond issue to
260	260	best provide funds for one or multiple loans.
261	261	(f) The office [commission] shall administer the loans to
262	262	ensure full repayment of the general obligation bonds issued to
263	263	finance the project.
264	264	SECTION 13. Section 436.154, Government Code, is amended to
265	265	read as follows:
266	266	Sec. 436.154. LOAN PROCESS. (a) The office [commission]
267	267	shall adopt rules, in consultation with the Texas Public Finance
268	268	Authority, that contain the criteria for evaluating the credit of a
269	269	loan applicant and the financial feasibility of a project. The
270	270	office [commission] shall also adopt a loan application form. The
271	271	application form may include:
272	272	(1) the name of the defense community and its
273	273	principal officers;
274	274	(2) the total cost of the project;
275	275	(3) the amount of state financial assistance
276	276	requested;
277	277	(4) the plan for repaying the loan; and
278	278	(5) any other information the office [commission]
279	279	requires to perform its duties and to protect the public interest.
280	280	(b) The office [commission] may not accept an application
281	281	for a loan from the Texas military value revolving loan account
282	282	unless the application is submitted in affidavit form by the
283	283	officials of the defense community. The office [board] shall
284	284	prescribe the affidavit form.
285	285	SECTION 14. Section 436.156(c), Government Code, is amended
286	286	to read as follows:
287	287	(c) The office [commission] shall deposit to the credit of
288	288	the account all loan payments made by a political subdivision for a
289	289	loan under Section 436.153, 436.1531, or 436.1532. The loan
290	290	payments shall be used to reimburse the general revenue fund for
291	291	money appropriated to pay the principal, premium if any, and
292	292	interest on the bonds issued under Section 436.158. If loan
293	293	payments exceed the amounts required for reimbursement, the excess
294	294	shall first be applied to reimburse the expenses of administering
295	295	the program and secondly deposited to the credit of the Texas
296	296	military value revolving loan account to fund subsequent loans.
297	297	SECTION 15. Section 436.158(b), Government Code, is amended
298	298	to read as follows:
299	299	(b) The proceeds of the bonds and notes shall be deposited
300	300	into the Texas military value revolving loan account or into other
301	301	separate funds as may be required to provide for payment of issuance
302	302	and administrative costs and may be used as authorized by Section
303	303	49-n, Article III, Texas Constitution, including:
304	304	(1) to fund loans approved [by the commission] under
305	305	Section 436.153, 436.1531, or 436.1532;
306	306	(2) to pay the costs of issuing and selling bonds and
307	307	notes; and
308	308	(3) to pay the costs of administering the bonds and
309	309	notes and the loan program, including the payment of fees and
310	310	expenses of advisors.
311	311	SECTION 16. Section 481.502(a), Government Code, is amended
312	312	to read as follows:
313	313	(a) The office[, in coordination with the Texas Strategic
314	314	Military Planning Commission,] shall assist defense communities in
315	315	obtaining financing for economic development projects that seek to
316	316	address future realignment or closure of a defense base that is in,
317	317	adjacent to, or near the defense community. The office [and the
318	318	commission] shall refer the defense community to:
319	319	(1) a local economic development corporation created
320	320	under the Development Corporation Act (Subtitle C1, Title 12, Local
321	321	Government Code) for possible financing; or
322	322	(2) an appropriate state agency that has an existing
323	323	program to provide financing for the project, including:
324	324	(A) the Texas Water Development Board; or
325	325	(B) the Texas Department of Transportation.
326	326	SECTION 17. Section 486.001, Government Code, is amended by
327	327	adding Subdivision (3-a) to read as follows:
328	328	(3-a) "Office" means the Texas Economic Development
329	329	and Tourism Office in the office of the governor.
330	330	SECTION 18. Section 486.002(a), Government Code, is amended
331	331	to read as follows:
332	332	(a) The commission shall administer this chapter, and the
333	333	office shall monitor the implementation of this chapter.
334	334	SECTION 19. Section 486.007, Government Code, is amended to
335	335	read as follows:
336	336	Sec. 486.007. APPLICATION FOR GRANT. (a) A local
337	337	governmental entity may apply for a grant under this chapter to the
338	338	commission on a form prescribed by the commission. The commission
339	339	shall establish periodic application cycles to enable the panel and
340	340	commission to evaluate groups of applicants in relation to each
341	341	other.
342	342	(b) The office may assist a local governmental entity in
343	343	applying for a grant under this chapter.
344	344	SECTION 20. Section 486.008, Government Code, is amended to
345	345	read as follows:
346	346	Sec. 486.008. EVALUATION OF APPLICATION. The panel shall
347	347	evaluate each application and assign the applicant a score based
348	348	on:
349	349	(1) the significance of the adverse or positive effect
350	350	within the local governmental entity, including the number of jobs
351	351	lost or gained in relation to the workforce in the local
352	352	governmental entity's jurisdiction and the effect on the area's
353	353	economy and tax revenue;
354	354	(2) the extent to which the local governmental entity
355	355	has used its existing resources to promote local economic
356	356	development;
357	357	(3) the amount of any grant that the local
358	358	governmental entity has previously received under this chapter;
359	359	(4) the anticipated number of jobs to be created or
360	360	retained in relation to the amount of the grant sought; and
361	361	(5) the extent to which the grant will affect the
362	362	region in which the local governmental entity is located.
363	363	SECTION 21. The following laws are repealed:
364	364	(1) Section 436.003, Government Code;
365	365	(2) Section 436.057(b), Government Code;
366	366	(3) Section 436.1531, Government Code, as added by
367	367	Chapter 1160 (H.B. 3302), Acts of the 79th Legislature, Regular
368	368	Session, 2005;
369	369	(4) Section 436.1531, Government Code, as added by
370	370	Chapter 1280 (H.B. 2340), Acts of the 79th Legislature, Regular
371	371	Session, 2005;
372	372	(5) Section 436.1532, Government Code, as added by
373	373	Chapter 1280 (H.B. 2340), Acts of the 79th Legislature, Regular
374	374	Session, 2005; and
375	375	(6) Section 481.501(3), Government Code.
376	376	SECTION 22. Sections 436.051(d) and 436.0561, Government
377	377	Code, as added by this Act, and the change in law made by this Act to
378	378	Section 436.056(a)(3), Government Code, apply only to a person
379	379	appointed or reappointed to the Texas Military Preparedness
380	380	Commission on or after the effective date of this Act.
381	381	SECTION 23. A rule, policy, procedure, or decision of the
382	382	Texas Military Preparedness Commission with respect to functions
383	383	that are transferred to the Texas Economic Development and Tourism
384	384	Office continues in effect as a rule, policy, procedure, or
385	385	decision of the Texas Economic Development and Tourism Office until
386	386	superseded by an act of that office.
387	387	SECTION 24. This Act takes effect September 1, 2009.