Texas 2021 - 87th Regular

Texas House Bill HB1414 Compare Versions

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11 87R5481 CXP-F
22 By: VanDeaver H.B. No. 1414
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the powers of the TexAmericas Center, including its
88 authority to issue bonds.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 3503.101(b), Special District Local Laws
1111 Code, is amended to read as follows:
1212 (b) The authority may exercise any power or duty necessary
1313 or appropriate to carry out a project described by Section
1414 3503.003(a)(3) and the purposes of this chapter, including the
1515 power to:
1616 (1) sue and be sued, and plead and be impleaded, in its
1717 own name;
1818 (2) adopt an official seal;
1919 (3) adopt, enforce, and amend rules for the conduct of
2020 its affairs;
2121 (4) acquire, hold, own, pledge, and dispose of its
2222 revenue, income, receipts, and money from any source;
2323 (5) select its depository;
2424 (6) acquire, own, rent, lease, accept, hold, or
2525 dispose of any property, or any interest in property, including
2626 rights or easements, in performing its duties and exercising its
2727 powers under this chapter, by purchase, exchange, gift, assignment,
2828 sale, lease, or other method;
2929 (7) hold, manage, operate, or improve the property;
3030 (8) sell, assign, lease, encumber, mortgage, or
3131 otherwise dispose of property, or any interest in property, and
3232 relinquish a property right, title, claim, lien, interest,
3333 easement, or demand, however acquired;
3434 (9) perform an activity authorized by Subdivision (8)
3535 by public or private sale, with or without public bidding,
3636 notwithstanding any other law;
3737 (10) lease or rent any land and building, structure,
3838 or facility from or to any person to carry out a chapter purpose;
3939 (11) request and accept an appropriation, grant,
4040 allocation, subsidy, guarantee, aid, service, labor, material, or
4141 gift, from the federal government, the state, a public agency or
4242 political subdivision, or any other source;
4343 (12) operate and maintain an office and appoint and
4444 determine the duties, tenure, qualifications, and compensation of
4545 officers, employees, agents, professional advisors and counselors,
4646 including financial consultants, accountants, attorneys,
4747 architects, engineers, appraisers, and financing experts, as
4848 considered necessary or advisable by the board;
4949 (13) borrow money and issue bonds, payable solely from
5050 all or a portion of any authority revenue, by resolution or order of
5151 the board and without the necessity of an election;
5252 (14) set and collect rents, rates, fees, and charges
5353 regarding the property and any services provided by the authority;
5454 (15) exercise the powers Chapters 373 and 380, Local
5555 Government Code, grant to a municipality for the development of
5656 housing and expansion of economic development and commercial
5757 activity;
5858 (16) exercise the powers Chapter 49, Water Code,
5959 grants to a general-law district;
6060 (17) exercise the powers Chapter 54, Water Code,
6161 grants to a municipal utility district;
6262 (18) exercise the powers Chapter 552, Transportation
6363 Code, grants to a road utility district;
6464 (19) exercise the powers Subchapter C, Chapter 271,
6565 Local Government Code, grants to a municipality or county;
6666 (20) exercise the powers Chapter 552, Local Government
6767 Code, grants to a municipality for the provision of municipal
6868 utilities;
6969 (21) contract and be contracted with, in the
7070 authority's own name, another person in the performance of the
7171 authority's powers or duties to carry out a project described by
7272 Section 3503.003(a)(3), or to accomplish the purposes of this
7373 chapter for a period of years, on the terms, and by competitive
7474 bidding or by negotiated contract, all as the board considers
7575 appropriate, desirable, and in the best interests of the authority
7676 and the accomplishment of chapter purposes;
7777 (22) acquire, hold, own, sell, assign, lease,
7878 encumber, mortgage, or otherwise dispose of any real, personal, or
7979 mixed property located outside the perimeter of the property
8080 described by Section 3503.004 if the other property enhances or
8181 facilitates the development, redevelopment, maintenance, or
8282 expansion of new and existing businesses, industry, or commercial
8383 activity on the property;
8484 (23) exercise the powers Chapter 22, Transportation
8585 Code, grants to a municipality or county;
8686 (24) exercise the powers Chapter 379B, Local
8787 Government Code, grants to a defense base development authority;
8888 (25) exercise the powers of a municipality under
8989 Chapters 211 and 212, Local Government Code, in the territory of the
9090 authority, including an area of the authority that is in the
9191 boundaries of a municipality's limited purpose jurisdiction and
9292 extraterritorial jurisdiction. On annexation of an area of the
9393 authority for full purposes by a municipality, the authority's
9494 power to regulate the area under Chapters 211 and 212 expires. The
9595 authority regains the power in an area if the municipality
9696 disannexes the area; [and]
9797 (26) fund and carry out a project the board determines
9898 will promote or support an active military base located in the same
9999 county as the authority to prevent closure or realignment of the
100100 base and attract new military missions to the base, including a
101101 project to create jobs, retain jobs, grant or loan money to a
102102 federal entity, make improvements to infrastructure, buildings, or
103103 land, or acquire land; and
104104 (27) for a fee, provide services or operate facilities
105105 inside or outside the boundaries of the authority and this state to
106106 promote, enhance, develop, or assist a person in the creation of a
107107 new business, industry, or commercial activity in the boundaries of
108108 the authority.
109109 SECTION 2. Subchapter C, Chapter 3503, Special District
110110 Local Laws Code, is amended by adding Section 3503.113 to read as
111111 follows:
112112 Sec. 3503.113. POWERS AND AUTHORITIES OF DEFENSE BASE
113113 DEVELOPMENT AUTHORITY. (a) The authority may exercise the powers
114114 given to a defense base development authority created under Chapter
115115 379B, Local Government Code.
116116 (b) This chapter prevails over Chapter 379B, Local
117117 Government Code, in the event of a conflict.
118118 SECTION 3. Subchapter E, Chapter 3503, Special District
119119 Local Laws Code, is amended by adding Section 3503.205 to read as
120120 follows:
121121 Sec. 3503.205. OBLIGATIONS AND CREDIT AGREEMENTS. (a) The
122122 authority may issue, sell, and deliver obligations and execute
123123 credit agreements as provided by Chapter 1371, Government Code.
124124 (b) The authority may delegate its authority in connection
125125 with the issuance of bonds in the same manner as an issuer under
126126 Chapter 1371, Government Code.
127127 SECTION 4. (a) The legal notice of the intention to
128128 introduce this Act, setting forth the general substance of this
129129 Act, has been published as provided by law, and the notice and a
130130 copy of this Act have been furnished to all persons, agencies,
131131 officials, or entities to which they are required to be furnished
132132 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
133133 Government Code.
134134 (b) The governor, one of the required recipients, has
135135 submitted the notice and Act to the Texas Commission on
136136 Environmental Quality.
137137 (c) The Texas Commission on Environmental Quality has filed
138138 its recommendations relating to this Act with the governor, the
139139 lieutenant governor, and the speaker of the house of
140140 representatives within the required time.
141141 (d) All requirements of the constitution and laws of this
142142 state and the rules and procedures of the legislature with respect
143143 to the notice, introduction, and passage of this Act are fulfilled
144144 and accomplished.
145145 SECTION 5. This Act takes effect immediately if it receives
146146 a vote of two-thirds of all the members elected to each house, as
147147 provided by Section 39, Article III, Texas Constitution. If this
148148 Act does not receive the vote necessary for immediate effect, this
149149 Act takes effect September 1, 2021.