By: Uresti S.B. No. 1493
(Farias)
A BILL TO BE ENTITLED
AN ACT
relating to the directors of a defense base management authority
and to a study on the effectiveness of the authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a), (b), (c), and (h), Section
375.306, Local Government Code, are amended to read as follows:
(a) The board consists of 11 [15] directors.
(b) The municipality shall appoint four [six] members of the
board.
(c) The county in which the municipality is primarily
located shall appoint four [six] members of the board.
(h) Sections 375.061, 375.063, 375.066, and 375.068 and the
limitations of Section 375.072(c) do not apply to this subchapter.
SECTION 2. Section 375.307, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) At least three directors appointed by the municipality
and at least three directors appointed by the county must:
(1) reside in the authority; or
(2) own property in the authority [Except as provided
by Subsection (b), a majority of the directors of an authority must
meet the qualifications of Section 375.063].
(c) To be qualified to serve as a director appointed by the
municipality or the county, a person who does not meet the
qualifications of Subsection (a) must be:
(1) an owner of stock, whether beneficial or
otherwise, of a corporate owner of property in the authority;
(2) an owner of a beneficial interest in a trust that
owns property in the authority; or
(3) an agent, employee, or tenant of a person who:
(A) owns property in the authority; or
(B) is covered by Subdivision (1) or (2).
SECTION 3. Subchapter O, Chapter 375, Local Government
Code, is amended by adding Section 375.315 to read as follows:
Sec. 375.315. EFFECTIVENESS STUDY; REPORT. (a) The board
of an authority shall study the effectiveness of the authority.
(b) Not later than December 31 of each even-numbered year,
the board of an authority shall report to the legislature on the
effectiveness of the authority. The report must:
(1) compare utility and infrastructure development
in:
(A) the authority since the authority's
creation; and
(B) areas in the municipality that created the
authority that are not in the authority;
(2) identify methods for improving residential,
commercial, and industrial development in the authority;
(3) identify limitations and impediments to
development in the authority;
(4) identify methods to improve the authority's
accountability to property owners in the authority; and
(5) identify any competitive advantage opportunities
of the authority.
SECTION 4. (a) The change in law made by this Act applies
only to a director appointed on or after the effective date of this
Act. A director appointed before the effective date of this Act is
governed by the law in effect on the date the director was
appointed, and the former law is continued in effect for that
purpose.
(b) A director appointed by a municipality or county under
Section 375.306, Local Government Code, as it existed immediately
before the effective date of this Act, continues to serve until the
director's term expires. Until the number of directors appointed
by the municipality or county is four for that entity, on expiration
of the term of each director appointed by the entity, the director's
position is abolished.
(c) A municipality or county may not appoint a director
under Section 375.306, Local Government Code, as amended by this
Act, until the number of directors appointed by the municipality or
county, after existing terms expire and positions are abolished, is
four or fewer directors for that entity. An initial appointment by
a municipality or county under Section 375.306, Local Government
Code, as amended by this Act, to replace a director whose term
expires but whose position is not abolished may be limited to one
year to achieve staggering of terms under Subsection (e), Section
375.306, Local Government Code.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.