84R11700 ATP-F By: Martinez H.B. No. 3040 A BILL TO BE ENTITLED AN ACT relating to the authority of certain economic development corporations to undertake and operate transportation-related projects. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 377, Local Government Code, is amended by adding Section 377.075 to read as follows: Sec. 377.075. AIRPORT FACILITIES OR OTHER PROJECTS BY CORPORATIONS CREATED IN CERTAIN BORDER MUNICIPALITIES. (a) This section applies only to a district created in the jurisdiction of a municipality, any part of which is located within 25 miles of an international border. (b) For a district to which this section applies, "development project" includes the land, buildings, facilities, infrastructure, and improvements that: (1) the board finds are required or suitable for the development or promotion of new or expanded business enterprises through transportation facilities including airports, hangars, railports, rail switching facilities, maintenance and repair facilities, cargo facilities, marine ports, inland ports, mass commuting facilities, parking facilities, and related infrastructure located on or adjacent to an airport or railport facility; or (2) are undertaken by the district if the municipality, the jurisdiction of which the district is located in, has, at the time the board approves the project: (A) a population of less than 50,000; or (B) an average rate of unemployment that is greater than the state average rate of unemployment during the most recent 12-month period for which data is available that precedes the date the project is approved. (c) The district may own and operate as a business a project authorized by this section. SECTION 2. Section 501.106(b), Local Government Code, is amended to read as follows: (b) For a corporation to which this section applies, in this subtitle, "project" includes the land, buildings, facilities, infrastructure, and improvements that: (1) the corporation's board of directors finds are required or suitable for the development or promotion of new or expanded business enterprises through transportation facilities including airports, hangars, railports, rail switching facilities, maintenance and repair facilities, cargo facilities, marine ports, inland ports, mass commuting facilities, parking facilities, and related infrastructure located on or adjacent to an airport or railport facility [expansion of airport facilities]; or (2) are undertaken by the corporation if the municipality that authorized the creation of the corporation has, at the time the corporation approves the project as provided by this subtitle: (A) a population of less than 50,000; or (B) an average rate of unemployment that is greater than the state average rate of unemployment during the most recent 12-month period for which data is available that precedes the date the project is approved. SECTION 3. Section 501.160(d), Local Government Code, is amended to read as follows: (d) A corporation has all the powers necessary to own and operate a project as a business if: (1) the project is a military installation or military facility that has been closed or realigned, including a military installation or facility closed or realigned under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note), as amended; or (2) the project is authorized under Section 501.106. SECTION 4. 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, 2015.