Texas 2011 - 82nd Regular

Texas House Bill HB2042 Compare Versions

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1	1	82R10044 CJC/NAJ-F
2	2	By: Menendez H.B. No. 2042
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to defense base development authorities, including the
8	8	powers of an authority and the taxation of certain tangible
9	9	personal property located on the base property for which the
10	10	authority is established.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 379B.004(a), Local Government Code, is
13	13	amended to read as follows:
14	14	(a) An authority may exercise power necessary or convenient
15	15	to carry out a purpose of this chapter, including the power to:
16	16	(1) adopt an official seal, or alter it;
17	17	(2) adopt rules;
18	18	(3) enter into a contract or incur a liability;
19	19	(4) acquire and dispose of money;
20	20	(5) select a depository;
21	21	(6) establish a system of accounts for the authority;
22	22	(7) invest funds in accordance with Chapter 2256,
23	23	Government Code;
24	24	(8) set the fiscal year for the authority;
25	25	(9) adopt an annual operating budget for major
26	26	expenditures before the beginning of the fiscal year;
27	27	(10) borrow money or issue a bond in an amount that
28	28	does not exceed the maximum amount set by the board;
29	29	(11) loan money;
30	30	(12) acquire, lease, lease-purchase, convey, grant a
31	31	mortgage on, or otherwise dispose of a property right, including a
32	32	right regarding base property;
33	33	(13) lease property located on the base property to a
34	34	person to effect the purposes of this chapter;
35	35	(14) request and accept a donation, grant, guaranty,
36	36	or loan from any source permitted by law;
37	37	(15) operate and maintain an office;
38	38	(16) charge for the use, lease, or sale of an open
39	39	space or a facility [or service];
40	40	(17) exercise a power granted to a municipality by
41	41	Chapter 380;
42	42	(18) authorize by resolution the incorporation of a
43	43	nonprofit airport facility financing corporation as provided and
44	44	authorized by Subchapter E, Chapter 22, Transportation Code, to
45	45	provide financing to pay the costs, including interest, and
46	46	reserves for the costs of an airport facility authorized by that
47	47	chapter and for other purposes set forth in the articles of
48	48	incorporation;
49	49	(19) exercise the powers granted to a local government
50	50	for the financing of facilities to be located on airport property,
51	51	including those set out in Chapter 22, Transportation Code,
52	52	consistent with the requirements and the purposes of Section 52-a,
53	53	Article III, Texas Constitution;
54	54	(20) lease, own, and operate an airport and exercise
55	55	the powers granted to municipalities and counties by Chapter 22,
56	56	Transportation Code;
57	57	(21) lease, own, and operate port facilities for air,
58	58	trucking, and rail transportation;
59	59	(22) provide security for port functions, facilities,
60	60	and operations; and
61	61	(23) cooperate with and participate in programs and
62	62	security efforts of this state and the federal Department of
63	63	Homeland Security.
64	64	SECTION 2. Chapter 379B, Local Government Code, is amended
65	65	by adding Section 379B.0042 to read as follows:
66	66	Sec. 379B.0042. SERVICES. An authority may charge for a
67	67	service provided, including:
68	68	(1) professional consultation services provided in
69	69	relation to international trade, planning, land use, or
70	70	construction;
71	71	(2) real estate development services, including an
72	72	employee licensed under Chapter 1101, Occupations Code, acting as a
73	73	broker;
74	74	(3) support or participation in the acquisition of
75	75	venture capital to finance the authority's redevelopment project,
76	76	both inside and outside the authority;
77	77	(4) participation in or assistance on a joint venture
78	78	composed of both public and private entities;
79	79	(5) promotion of an activity that creates employment
80	80	opportunities; and
81	81	(6) any other service provided in relation to a
82	82	project undertaken by the authority, alone or with others, to
83	83	fulfill an authority purpose or objective.
84	84	SECTION 3. Effective January 1, 2012, Section 379B.011,
85	85	Local Government Code, is amended by adding Subsections (c), (d),
86	86	and (e) to read as follows:
87	87	(c) A commercial aircraft to be used as an instrumentality
88	88	of commerce that is under construction inside the authority is
89	89	presumed to be in interstate, international, or foreign commerce
90	90	and not located in this state for longer than a temporary period for
91	91	purposes of Sections 11.01 and 21.02, Tax Code.
92	92	(d) Tangible personal property located inside the authority
93	93	is presumed to be in interstate, international, or foreign commerce
94	94	and not located in this state for longer than a temporary period for
95	95	purposes of Sections 11.01 and 21.02, Tax Code, if the owner
96	96	demonstrates to the chief appraiser for the appraisal district in
97	97	which the authority is located that the owner intends to
98	98	incorporate the property into or attach the property to a
99	99	commercial aircraft described by Subsection (c).
100	100	(e) In this section, "commercial aircraft" means an
101	101	aircraft under construction that is designed to be used as
102	102	described by Section 21.05(e), Tax Code.
103	103	SECTION 4. Sections 379B.011(c), (d), and (e), Local
104	104	Government Code, as added by this Act, apply only to ad valorem
105	105	taxes imposed for a tax year beginning on or after January 1, 2012.
106	106	SECTION 5. Except as otherwise provided by this Act, this
107	107	Act takes effect September 1, 2011.