| 1 | 1 | | By: Uresti S.B. No. 1493 |
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| 2 | 2 | | (Farias) |
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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 the directors of a defense base management authority |
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| 8 | 8 | | and to a study on the effectiveness of the 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. Subsections (a), (b), (c), and (h), Section |
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| 11 | 11 | | 375.306, Local Government Code, are amended to read as follows: |
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| 12 | 12 | | (a) The board consists of 11 [15] directors. |
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| 13 | 13 | | (b) The municipality shall appoint four [six] members of the |
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| 14 | 14 | | board. |
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| 15 | 15 | | (c) The county in which the municipality is primarily |
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| 16 | 16 | | located shall appoint four [six] members of the board. |
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| 17 | 17 | | (h) Sections 375.061, 375.063, 375.066, and 375.068 and the |
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| 18 | 18 | | limitations of Section 375.072(c) do not apply to this subchapter. |
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| 19 | 19 | | SECTION 2. Section 375.307, Local Government Code, is |
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| 20 | 20 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 21 | 21 | | read as follows: |
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| 22 | 22 | | (a) At least three directors appointed by the municipality |
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| 23 | 23 | | and at least three directors appointed by the county must: |
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| 24 | 24 | | (1) reside in the authority; or |
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| 25 | 25 | | (2) own property in the authority [Except as provided |
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| 26 | 26 | | by Subsection (b), a majority of the directors of an authority must |
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| 27 | 27 | | meet the qualifications of Section 375.063]. |
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| 28 | 28 | | (c) To be qualified to serve as a director appointed by the |
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| 29 | 29 | | municipality or the county, a person who does not meet the |
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| 30 | 30 | | qualifications of Subsection (a) must be: |
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| 31 | 31 | | (1) an owner of stock, whether beneficial or |
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| 32 | 32 | | otherwise, of a corporate owner of property in the authority; |
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| 33 | 33 | | (2) an owner of a beneficial interest in a trust that |
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| 34 | 34 | | owns property in the authority; or |
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| 35 | 35 | | (3) an agent, employee, or tenant of a person who: |
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| 36 | 36 | | (A) owns property in the authority; or |
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| 37 | 37 | | (B) is covered by Subdivision (1) or (2). |
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| 38 | 38 | | SECTION 3. Subchapter O, Chapter 375, Local Government |
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| 39 | 39 | | Code, is amended by adding Section 375.315 to read as follows: |
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| 40 | 40 | | Sec. 375.315. EFFECTIVENESS STUDY; REPORT. (a) The board |
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| 41 | 41 | | of an authority shall study the effectiveness of the authority. |
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| 42 | 42 | | (b) Not later than December 31 of each even-numbered year, |
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| 43 | 43 | | the board of an authority shall report to the legislature on the |
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| 44 | 44 | | effectiveness of the authority. The report must: |
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| 45 | 45 | | (1) compare utility and infrastructure development |
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| 46 | 46 | | in: |
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| 47 | 47 | | (A) the authority since the authority's |
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| 48 | 48 | | creation; and |
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| 49 | 49 | | (B) areas in the municipality that created the |
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| 50 | 50 | | authority that are not in the authority; |
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| 51 | 51 | | (2) identify methods for improving residential, |
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| 52 | 52 | | commercial, and industrial development in the authority; |
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| 53 | 53 | | (3) identify limitations and impediments to |
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| 54 | 54 | | development in the authority; |
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| 55 | 55 | | (4) identify methods to improve the authority's |
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| 56 | 56 | | accountability to property owners in the authority; and |
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| 57 | 57 | | (5) identify any competitive advantage opportunities |
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| 58 | 58 | | of the authority. |
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| 59 | 59 | | SECTION 4. (a) The change in law made by this Act applies |
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| 60 | 60 | | only to a director appointed on or after the effective date of this |
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| 61 | 61 | | Act. A director appointed before the effective date of this Act is |
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| 62 | 62 | | governed by the law in effect on the date the director was |
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| 63 | 63 | | appointed, and the former law is continued in effect for that |
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| 64 | 64 | | purpose. |
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| 65 | 65 | | (b) A director appointed by a municipality or county under |
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| 66 | 66 | | Section 375.306, Local Government Code, as it existed immediately |
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| 67 | 67 | | before the effective date of this Act, continues to serve until the |
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| 68 | 68 | | director's term expires. Until the number of directors appointed |
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| 69 | 69 | | by the municipality or county is four for that entity, on expiration |
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| 70 | 70 | | of the term of each director appointed by the entity, the director's |
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| 71 | 71 | | position is abolished. |
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| 72 | 72 | | (c) A municipality or county may not appoint a director |
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| 73 | 73 | | under Section 375.306, Local Government Code, as amended by this |
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| 74 | 74 | | Act, until the number of directors appointed by the municipality or |
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| 75 | 75 | | county, after existing terms expire and positions are abolished, is |
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| 76 | 76 | | four or fewer directors for that entity. An initial appointment by |
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| 77 | 77 | | a municipality or county under Section 375.306, Local Government |
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| 78 | 78 | | Code, as amended by this Act, to replace a director whose term |
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| 79 | 79 | | expires but whose position is not abolished may be limited to one |
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| 80 | 80 | | year to achieve staggering of terms under Subsection (e), Section |
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| 81 | 81 | | 375.306, Local Government Code. |
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| 82 | 82 | | SECTION 5. This Act takes effect immediately if it receives |
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| 83 | 83 | | a vote of two-thirds of all the members elected to each house, as |
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| 84 | 84 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 85 | 85 | | Act does not receive the vote necessary for immediate effect, this |
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| 86 | 86 | | Act takes effect September 1, 2011. |
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