| 1 | 1 | | 84R11700 ATP-F |
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| 2 | 2 | | By: Martinez H.B. No. 3040 |
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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 authority of certain economic development |
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| 8 | 8 | | corporations to undertake and operate transportation-related |
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| 9 | 9 | | projects. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 377, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 377.075 to read as follows: |
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| 13 | 13 | | Sec. 377.075. AIRPORT FACILITIES OR OTHER PROJECTS BY |
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| 14 | 14 | | CORPORATIONS CREATED IN CERTAIN BORDER MUNICIPALITIES. (a) This |
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| 15 | 15 | | section applies only to a district created in the jurisdiction of a |
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| 16 | 16 | | municipality, any part of which is located within 25 miles of an |
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| 17 | 17 | | international border. |
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| 18 | 18 | | (b) For a district to which this section applies, |
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| 19 | 19 | | "development project" includes the land, buildings, facilities, |
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| 20 | 20 | | infrastructure, and improvements that: |
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| 21 | 21 | | (1) the board finds are required or suitable for the |
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| 22 | 22 | | development or promotion of new or expanded business enterprises |
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| 23 | 23 | | through transportation facilities including airports, hangars, |
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| 24 | 24 | | railports, rail switching facilities, maintenance and repair |
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| 25 | 25 | | facilities, cargo facilities, marine ports, inland ports, mass |
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| 26 | 26 | | commuting facilities, parking facilities, and related |
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| 27 | 27 | | infrastructure located on or adjacent to an airport or railport |
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| 28 | 28 | | facility; or |
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| 29 | 29 | | (2) are undertaken by the district if the |
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| 30 | 30 | | municipality, the jurisdiction of which the district is located in, |
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| 31 | 31 | | has, at the time the board approves the project: |
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| 32 | 32 | | (A) a population of less than 50,000; or |
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| 33 | 33 | | (B) an average rate of unemployment that is |
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| 34 | 34 | | greater than the state average rate of unemployment during the most |
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| 35 | 35 | | recent 12-month period for which data is available that precedes |
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| 36 | 36 | | the date the project is approved. |
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| 37 | 37 | | (c) The district may own and operate as a business a project |
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| 38 | 38 | | authorized by this section. |
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| 39 | 39 | | SECTION 2. Section 501.106(b), Local Government Code, is |
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| 40 | 40 | | amended to read as follows: |
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| 41 | 41 | | (b) For a corporation to which this section applies, in this |
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| 42 | 42 | | subtitle, "project" includes the land, buildings, facilities, |
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| 43 | 43 | | infrastructure, and improvements that: |
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| 44 | 44 | | (1) the corporation's board of directors finds are |
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| 45 | 45 | | required or suitable for the development or promotion of new or |
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| 46 | 46 | | expanded business enterprises through transportation facilities |
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| 47 | 47 | | including airports, hangars, railports, rail switching facilities, |
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| 48 | 48 | | maintenance and repair facilities, cargo facilities, marine ports, |
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| 49 | 49 | | inland ports, mass commuting facilities, parking facilities, and |
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| 50 | 50 | | related infrastructure located on or adjacent to an airport or |
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| 51 | 51 | | railport facility [expansion of airport facilities]; or |
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| 52 | 52 | | (2) are undertaken by the corporation if the |
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| 53 | 53 | | municipality that authorized the creation of the corporation has, |
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| 54 | 54 | | at the time the corporation approves the project as provided by this |
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| 55 | 55 | | subtitle: |
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| 56 | 56 | | (A) a population of less than 50,000; or |
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| 57 | 57 | | (B) an average rate of unemployment that is |
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| 58 | 58 | | greater than the state average rate of unemployment during the most |
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| 59 | 59 | | recent 12-month period for which data is available that precedes |
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| 60 | 60 | | the date the project is approved. |
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| 61 | 61 | | SECTION 3. Section 501.160(d), Local Government Code, is |
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| 62 | 62 | | amended to read as follows: |
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| 63 | 63 | | (d) A corporation has all the powers necessary to own and |
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| 64 | 64 | | operate a project as a business if: |
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| 65 | 65 | | (1) the project is a military installation or military |
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| 66 | 66 | | facility that has been closed or realigned, including a military |
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| 67 | 67 | | installation or facility closed or realigned under the Defense Base |
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| 68 | 68 | | Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note), |
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| 69 | 69 | | as amended; or |
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| 70 | 70 | | (2) the project is authorized under Section 501.106. |
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| 71 | 71 | | SECTION 4. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2015. |
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