Texas 2019 - 86th Regular

Texas House Bill HB2521 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10142 MP-D
2	2	By: Turner of Tarrant H.B. No. 2521
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing an intergovernmental development
8	8	corporation in certain counties to foster minority- or women-owned
9	9	construction businesses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 12, Local Government Code, is
12	12	amended by adding Chapter 396 to read as follows:
13	13	CHAPTER 396. INTERGOVERNMENTAL DEVELOPMENT CORPORATIONS IN
14	14	CERTAIN COUNTIES
15	15	Sec. 396.001. APPLICABILITY. This chapter applies only in
16	16	a county with a population of 800,000 or more and that is adjacent
17	17	to a county with a population of more than 600,000.
18	18	Sec. 396.002. FINDING AND PURPOSE. (a) The legislature
19	19	finds that it is an appropriate role for local governmental
20	20	entities to foster the development of construction businesses that
21	21	are owned by members of a minority group or by women.
22	22	(b) The program authorized by this chapter, including the
23	23	authority to grant public money under the program, is in the public
24	24	interest, promotes the economic diversity, and serves the public
25	25	purpose of economic development and diversification.
26	26	(c) This chapter shall be liberally construed in conformity
27	27	with the finding and purposes stated in this section.
28	28	Sec. 396.003. CREATION OF CORPORATION. (a) The
29	29	commissioners court of a county subject to this chapter and the
30	30	governing body of a single political subdivision or governing
31	31	bodies of a combination of political subdivisions located wholly or
32	32	partly in a county subject to this chapter may create a corporation
33	33	under this chapter.
34	34	(b) Only one corporation may be created in a county under
35	35	this chapter.
36	36	(c) A corporation created under this chapter must be formed
37	37	as a nonprofit corporation under the Business Organizations Code.
38	38	To the extent of a conflict with respect to the powers, rights, or
39	39	duties of a nonprofit corporation between the Business
40	40	Organizations Code and this chapter, this chapter prevails.
41	41	(d) The certificate of formation of the corporation must
42	42	state that the corporation is governed by this chapter.
43	43	(e) The initial bylaws of a corporation shall be adopted by
44	44	its board of directors and approved by resolution of each governing
45	45	body that created the corporation. Any subsequent changes made to
46	46	the bylaws must be approved by each governing body that created the
47	47	corporation.
48	48	Sec. 396.004. BOARD OF DIRECTORS. (a) The corporation is
49	49	governed by a board of directors. Each governing body that created
50	50	the corporation shall appoint one member of the board. If an even
51	51	number of governing bodies are entitled to appoint a member to the
52	52	board, the governing bodies, in addition to individually appointing
53	53	one member as provided by this subsection, shall jointly appoint
54	54	one member of the board.
55	55	(b) Board members serve staggered two-year terms, with as
56	56	near as possible to one-half of the members' terms expiring each
57	57	year. A board member serves at the will of the governing body or
58	58	governing bodies, as applicable, that appointed the member.
59	59	Successor members are appointed in the same manner as the original
60	60	appointees.
61	61	(c) A board member may not have a personal interest in a
62	62	contract executed by the corporation.
63	63	(d) A board member is not entitled to compensation, but is
64	64	entitled to reimbursement for actual and necessary expenses
65	65	incurred in serving as a board member.
66	66	(e) The board shall appoint from its members a presiding
67	67	officer, a secretary, and other officers of the corporation that
68	68	the board considers necessary.
69	69	Sec. 396.005. ADOPTION AND APPROVAL OF BUDGET; REVIEW OF
70	70	CORPORATE FINANCES. (a) The board shall prepare an annual budget
71	71	for the corporation. To be effective, the budget must be approved
72	72	by the board and presented to and approved by each governing body
73	73	that created the corporation. The corporation may not make any
74	74	expenditure authorized by this chapter until the budget has been
75	75	approved as provided by this section. An amendment of the budget
76	76	must be approved in the same manner as the budget.
77	77	(b) A governing body that created the corporation is
78	78	entitled, at all times, to access to the books and records of the
79	79	corporation.
80	80	Sec. 396.006. PROGRAM TO FOSTER MINORITY- OR WOMEN-OWNED
81	81	CONSTRUCTION BUSINESSES. A corporation may develop and implement a
82	82	program to provide for owners of construction businesses who are
83	83	members of a minority group or who are women:
84	84	(1) training and mentoring, including providing
85	85	long-term training and in-training support service grants, through
86	86	the participation of general contractors who have substantial
87	87	experience and expertise providing construction services in the
88	88	county; and
89	89	(2) any other undertaking, including granting public
90	90	money, that the board determines will directly foster the
91	91	development of construction businesses that are owned by members of
92	92	a minority group or by women.
93	93	Sec. 396.007. GENERAL POWERS OF CORPORATION. The
94	94	corporation may:
95	95	(1) own or operate a program authorized by this
96	96	chapter;
97	97	(2) perform any act necessary for the full exercise of
98	98	the corporation's powers;
99	99	(3) accept a grant or loan from:
100	100	(A) a governing body that created the
101	101	corporation;
102	102	(B) a department or agency of the United States;
103	103	(C) a department or agency of this state; or
104	104	(D) a public or private person;
105	105	(4) employ any necessary personnel;
106	106	(5) adopt rules to govern the operation of the
107	107	corporation and its employees and property; and
108	108	(6) contract or enter into a memorandum of
109	109	understanding or a similar agreement with a public or private
110	110	person in connection with a program authorized by this chapter.
111	111	Sec. 396.008. NATURE OF CORPORATE PROPERTY. (a) The
112	112	legislature finds for all constitutional and statutory purposes
113	113	that the corporation owns, uses, and holds its property for public
114	114	purposes.
115	115	(b) Section 25.07(a), Tax Code, does not apply to a
116	116	leasehold or other possessory interest granted by the corporation.
117	117	(c) Property owned by the corporation is exempt from
118	118	taxation under Section 11.11, Tax Code, while the corporation owns
119	119	the property.
120	120	Sec. 396.009. OPEN RECORDS AND MEETINGS. The board is
121	121	treated as a governmental body for the purposes of Chapters 551 and
122	122	552, Government Code.
123	123	SECTION 2. This Act takes effect immediately if it receives
124	124	a vote of two-thirds of all the members elected to each house, as
125	125	provided by Section 39, Article III, Texas Constitution. If this
126	126	Act does not receive the vote necessary for immediate effect, this
127	127	Act takes effect September 1, 2019.