1 | 1 | | By: Eltife S.B. No. 1879 |
---|
2 | 2 | | (Lavender) |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the powers of the TexAmericas Center. |
---|
8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
9 | 9 | | SECTION 1. Subsection (a), Section 3503.003, Special |
---|
10 | 10 | | District Local Laws Code, is amended to read as follows: |
---|
11 | 11 | | (a) The authority is created to: |
---|
12 | 12 | | (1) accept title on approval by, and in coordination |
---|
13 | 13 | | with, the governor to all or a portion of the property on, adjacent |
---|
14 | 14 | | to, or related to the property described by Section 3503.004 from |
---|
15 | 15 | | the United States; |
---|
16 | 16 | | (2) promote the location and development of new |
---|
17 | 17 | | businesses, industries, and commercial activities on or related to |
---|
18 | 18 | | the property; |
---|
19 | 19 | | (3) undertake a project the board considers necessary |
---|
20 | 20 | | or incidental to the industrial, commercial, or business |
---|
21 | 21 | | development, redevelopment, maintenance, and expansion of new or |
---|
22 | 22 | | existing businesses on and for the property described by Section |
---|
23 | 23 | | 3503.004, including the acquisition, construction, operation, |
---|
24 | 24 | | maintenance, repair, rehabilitation, replacement, improvement, |
---|
25 | 25 | | extension, expansion, or enhancement of: |
---|
26 | 26 | | (A) roads, bridges, and rights-of-way; |
---|
27 | 27 | | (B) housing; |
---|
28 | 28 | | (C) property; |
---|
29 | 29 | | (D) police, fire, medical, cultural, |
---|
30 | 30 | | educational, and research services, equipment, institutions, and |
---|
31 | 31 | | resources; |
---|
32 | 32 | | (E) other community support services; |
---|
33 | 33 | | (F) flood control, water, wastewater treatment, |
---|
34 | 34 | | natural gas, electricity, solid waste disposal, steam generation, |
---|
35 | 35 | | communications, and all other utility facilities and services; |
---|
36 | 36 | | (G) other infrastructure improvements; and |
---|
37 | 37 | | (H) any other services or facilities acquired by |
---|
38 | 38 | | the authority from the United States; [and] |
---|
39 | 39 | | (4) promote or support an active military base located |
---|
40 | 40 | | in the same county as the authority to prevent closure or |
---|
41 | 41 | | realignment of the base and attract new military missions to the |
---|
42 | 42 | | base; and |
---|
43 | 43 | | (5) exercise the powers granted to a conservation and |
---|
44 | 44 | | reclamation district under Section 59, Article XVI, Texas |
---|
45 | 45 | | Constitution. |
---|
46 | 46 | | SECTION 2. Subsection (b), Section 3503.101, Special |
---|
47 | 47 | | District Local Laws Code, is amended to read as follows: |
---|
48 | 48 | | (b) The authority may exercise any power or duty necessary |
---|
49 | 49 | | or appropriate to carry out a project described by Section |
---|
50 | 50 | | 3503.003(a)(3) and the purposes of this chapter, including the |
---|
51 | 51 | | power to: |
---|
52 | 52 | | (1) sue and be sued, and plead and be impleaded, in its |
---|
53 | 53 | | own name; |
---|
54 | 54 | | (2) adopt an official seal; |
---|
55 | 55 | | (3) adopt, enforce, and amend rules for the conduct of |
---|
56 | 56 | | its affairs; |
---|
57 | 57 | | (4) acquire, hold, own, pledge, and dispose of its |
---|
58 | 58 | | revenue, income, receipts, and money from any source; |
---|
59 | 59 | | (5) select its depository; |
---|
60 | 60 | | (6) acquire, own, rent, lease, accept, hold, or |
---|
61 | 61 | | dispose of any property, or any interest in property, including |
---|
62 | 62 | | rights or easements, in performing its duties and exercising its |
---|
63 | 63 | | powers under this chapter, by purchase, exchange, gift, assignment, |
---|
64 | 64 | | sale, lease, or other method; |
---|
65 | 65 | | (7) hold, manage, operate, or improve the property; |
---|
66 | 66 | | (8) sell, assign, lease, encumber, mortgage, or |
---|
67 | 67 | | otherwise dispose of property, or any interest in property, and |
---|
68 | 68 | | relinquish a property right, title, claim, lien, interest, |
---|
69 | 69 | | easement, or demand, however acquired; |
---|
70 | 70 | | (9) perform an activity authorized by Subdivision (8) |
---|
71 | 71 | | by public or private sale, with or without public bidding, |
---|
72 | 72 | | notwithstanding any other law; |
---|
73 | 73 | | (10) lease or rent any land and building, structure, |
---|
74 | 74 | | or facility from or to any person to carry out a chapter purpose; |
---|
75 | 75 | | (11) request and accept an appropriation, grant, |
---|
76 | 76 | | allocation, subsidy, guarantee, aid, service, labor, material, or |
---|
77 | 77 | | gift, from the federal government, the state, a public agency or |
---|
78 | 78 | | political subdivision, or any other source; |
---|
79 | 79 | | (12) operate and maintain an office and appoint and |
---|
80 | 80 | | determine the duties, tenure, qualifications, and compensation of |
---|
81 | 81 | | officers, employees, agents, professional advisors and counselors, |
---|
82 | 82 | | including financial consultants, accountants, attorneys, |
---|
83 | 83 | | architects, engineers, appraisers, and financing experts, as |
---|
84 | 84 | | considered necessary or advisable by the board; |
---|
85 | 85 | | (13) borrow money and issue bonds, payable solely from |
---|
86 | 86 | | all or a portion of any authority revenue, by resolution or order of |
---|
87 | 87 | | the board and without the necessity of an election; |
---|
88 | 88 | | (14) set and collect rents, rates, fees, and charges |
---|
89 | 89 | | regarding the property and any services provided by the authority; |
---|
90 | 90 | | (15) exercise the powers Chapters 373 and 380, Local |
---|
91 | 91 | | Government Code, grant to a municipality for the development of |
---|
92 | 92 | | housing and expansion of economic development and commercial |
---|
93 | 93 | | activity; |
---|
94 | 94 | | (16) exercise the powers Chapter 49, Water Code, |
---|
95 | 95 | | grants to a general-law district; |
---|
96 | 96 | | (17) exercise the powers Chapter 54, Water Code, |
---|
97 | 97 | | grants to a municipal utility district; |
---|
98 | 98 | | (18) exercise the powers Chapter 552, Transportation |
---|
99 | 99 | | Code, grants to a road utility district; |
---|
100 | 100 | | (19) exercise the powers Subchapter C, Chapter 271, |
---|
101 | 101 | | Local Government Code, grants to a municipality or county; |
---|
102 | 102 | | (20) exercise the powers Chapter 552 [402], Local |
---|
103 | 103 | | Government Code, grants to a municipality for the provision of |
---|
104 | 104 | | municipal utilities; |
---|
105 | 105 | | (21) contract and be contracted with, in the |
---|
106 | 106 | | authority's own name, another person in the performance of the |
---|
107 | 107 | | authority's powers or duties to carry out a project described by |
---|
108 | 108 | | Section 3503.003(a)(3), or to accomplish the purposes of this |
---|
109 | 109 | | chapter for a period of years, on the terms, and by competitive |
---|
110 | 110 | | bidding or by negotiated contract, all as the board considers |
---|
111 | 111 | | appropriate, desirable, and in the best interests of the authority |
---|
112 | 112 | | and the accomplishment of chapter purposes; |
---|
113 | 113 | | (22) acquire, hold, own, sell, assign, lease, |
---|
114 | 114 | | encumber, mortgage, or otherwise dispose of any real, personal, or |
---|
115 | 115 | | mixed property located outside the perimeter of the property |
---|
116 | 116 | | described by Section 3503.004 if the other property enhances or |
---|
117 | 117 | | facilitates the development, redevelopment, maintenance, or |
---|
118 | 118 | | expansion of new and existing businesses, industry, or commercial |
---|
119 | 119 | | activity on the property; |
---|
120 | 120 | | (23) exercise the powers Chapter 22, Transportation |
---|
121 | 121 | | Code, grants to a municipality or county; |
---|
122 | 122 | | (24) exercise the powers Chapter 379B, Local |
---|
123 | 123 | | Government Code, grants to a defense base development authority; |
---|
124 | 124 | | [and] |
---|
125 | 125 | | (25) exercise the powers of a municipality under |
---|
126 | 126 | | Chapters 211 and 212, Local Government Code, in the territory of the |
---|
127 | 127 | | authority, including an area of the authority that is in the |
---|
128 | 128 | | boundaries of a municipality's limited purpose jurisdiction and |
---|
129 | 129 | | extraterritorial jurisdiction. On annexation of an area of the |
---|
130 | 130 | | authority for full purposes by a municipality, the authority's |
---|
131 | 131 | | power to regulate the area under Chapters 211 and 212 expires. The |
---|
132 | 132 | | authority regains the power in an area if the municipality |
---|
133 | 133 | | disannexes the area; and |
---|
134 | 134 | | (26) fund and carry out a project the board determines |
---|
135 | 135 | | will promote or support an active military base located in the same |
---|
136 | 136 | | county as the authority to prevent closure or realignment of the |
---|
137 | 137 | | base and attract new military missions to the base, including a |
---|
138 | 138 | | project to create jobs, retain jobs, grant or loan money to a |
---|
139 | 139 | | federal entity, make improvements to infrastructure, buildings, or |
---|
140 | 140 | | land, or acquire land. |
---|
141 | 141 | | SECTION 3. (a) The legal notice of the intention to |
---|
142 | 142 | | introduce this Act, setting forth the general substance of this |
---|
143 | 143 | | Act, has been published as provided by law, and the notice and a |
---|
144 | 144 | | copy of this Act have been furnished to all persons, agencies, |
---|
145 | 145 | | officials, or entities to which they are required to be furnished |
---|
146 | 146 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
147 | 147 | | Government Code. |
---|
148 | 148 | | (b) The governor, one of the required recipients, has |
---|
149 | 149 | | submitted the notice and Act to the Texas Commission on |
---|
150 | 150 | | Environmental Quality. |
---|
151 | 151 | | (c) The Texas Commission on Environmental Quality has filed |
---|
152 | 152 | | its recommendations relating to this Act with the governor, the |
---|
153 | 153 | | lieutenant governor, and the speaker of the house of |
---|
154 | 154 | | representatives within the required time. |
---|
155 | 155 | | (d) All requirements of the constitution and laws of this |
---|
156 | 156 | | state and the rules and procedures of the legislature with respect |
---|
157 | 157 | | to the notice, introduction, and passage of this Act are fulfilled |
---|
158 | 158 | | and accomplished. |
---|
159 | 159 | | SECTION 4. This Act takes effect immediately if it receives |
---|
160 | 160 | | a vote of two-thirds of all the members elected to each house, as |
---|
161 | 161 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
162 | 162 | | Act does not receive the vote necessary for immediate effect, this |
---|
163 | 163 | | Act takes effect September 1, 2013. |
---|