H.B. No. 2388
AN ACT
relating to the application of certain contracting laws to a
defense base development authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) This section takes effect only if the Act of
the 83rd Legislature, Regular Session, 2013, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law.
(b) Chapter 379B, Local Government Code, is amended by
adding Section 379B.0012 to read as follows:
Sec. 379B.0012. APPLICATION OF OTHER LAW. (a) In this
section, "qualifying project" means any real estate project
involving the construction of:
(1) tenant finish-out or construction of a
build-to-suit facility for a tenant who, through the execution of a
lease with an authority, pays for or reimburses the authority for
the cost of the improvements;
(2) infrastructure improvements, including roads,
driveways, or utility extensions, made in connection with the sale
or lease of property owned by the authority and for which the
proceeds of the sale or the lease are used to reimburse the
authority for the infrastructure improvements; or
(3) an income-producing facility that generates
revenue for the authority and that is constructed by a private
developer with special expertise in development.
(b) Chapters 2267 and 2269, Government Code, do not apply to
a qualifying project of an authority.
SECTION 2. (a) This section takes effect only if the Act of
the 83rd Legislature, Regular Session, 2013, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
(b) Chapter 379B, Local Government Code, is amended by
adding Section 379B.0012 to read as follows:
Sec. 379B.0012. APPLICATION OF OTHER LAW. (a) In this
section, "qualifying project" means any real estate project
involving the construction of:
(1) tenant finish-out or construction of a
build-to-suit facility for a tenant who, through the execution of a
lease with an authority, pays for or reimburses the authority for
the cost of the improvements;
(2) infrastructure improvements, including roads,
driveways, or utility extensions, made in connection with the sale
or lease of property owned by the authority and for which the
proceeds of the sale or the lease are used to reimburse the
authority for the infrastructure improvements; or
(3) an income-producing facility that generates
revenue for the authority and that is constructed by a private
developer with special expertise in development.
(b) Chapter 2267, Government Code, as added by Chapter 1334
(S.B. 1048), Acts of the 82nd Legislature, Regular Session, 2011,
and Chapter 2267, Government Code, as added by Chapter 1129 (H.B.
628), Acts of the 82nd Legislature, Regular Session, 2011, do not
apply to a qualifying project of an authority.
SECTION 3. 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2388 was passed by the House on May 2,
2013, by the following vote: Yeas 147, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2388 on May 24, 2013, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2388 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor