By: Estes S.B. No. 2052
(In the Senate - Filed March 12, 2009; March 31, 2009, read
first time and referred to Committee on Transportation and Homeland
Security; April 8, 2009, reported favorably by the following vote:
Yeas 9, Nays 0; April 8, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to projects that may be undertaken by development
corporations for the development, retention, or expansion of
certain transportation facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.101, Local Government Code, as
effective September 1, 2009, is amended to read as follows:
Sec. 501.101. PROJECTS RELATED TO CREATION OR RETENTION OF
PRIMARY JOBS. In this subtitle, "project" includes the land,
buildings, equipment, facilities, expenditures, targeted
infrastructure, and improvements that are:
(1) for the creation or retention of primary jobs; and
(2) found by the board of directors to be required or
suitable for the development, retention, or expansion of:
(A) manufacturing and industrial facilities;
(B) research and development facilities;
(C) military facilities, including closed or
realigned military bases;
(D) transportation facilities, including
airports, hangars, railports, rail switching facilities, [airport]
maintenance and repair facilities, [air] cargo facilities, related
infrastructure located on or adjacent to an airport or railport
facility, marine ports, inland ports, mass commuting facilities,
and parking facilities;
(E) sewage or solid waste disposal facilities;
(F) recycling facilities;
(G) air or water pollution control facilities;
(H) facilities for furnishing water to the
public;
(I) distribution centers;
(J) small warehouse facilities capable of
serving as decentralized storage and distribution centers;
(K) primary job training facilities for use by
institutions of higher education; or
(L) regional or national corporate headquarters
facilities.
SECTION 2. Section 505.1561, Local Government Code, as
effective September 1, 2009, is amended to read as follows:
Sec. 505.1561. PROJECTS RELATED TO AIRPORT FACILITIES IN
CERTAIN MUNICIPALITIES. For purposes of this chapter, "project"
includes land, buildings, equipment, facilities, and improvements
found by the board of directors to be required or suitable for the
development or expansion of airport or railport facilities,
including hangars, [airport] maintenance and repair facilities,
[air] cargo facilities, and related infrastructure located on or
adjacent to an airport or railport facility, if the project is
undertaken by a Type B corporation authorized to be created by a
municipality:
(1) that enters into a development agreement with an
entity in which the entity acquires a leasehold or other possessory
interest from the corporation and is authorized to sublease the
entity's interest for other projects authorized by Sections 505.151
through 505.156; and
(2) the governing body of which has authorized the
development agreement by adopting a resolution at a meeting called
as authorized by law.
SECTION 3. (a) In accordance with Subsection (c), Section
311.031, Government Code, which gives effect to a substantive
amendment enacted by the same legislature that codifies the amended
statute, the text of Sections 501.101 and 505.1561, Local
Government Code, as set out in this Act, give effect to changes made
by Chapter 1102 (H.B. 3440), Acts of the 80th Legislature, Regular
Session, 2007.
(b) To the extent of any conflict, this Act prevails over
another Act of the 81st Legislature, Regular Session, 2009,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. This Act takes effect September 1, 2009.
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