Texas 2021 - 87th Regular

Texas House Bill HB4579 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4579
	1	+	By: Burrows (Senate Sponsor - Perry) H.B. No. 4579
	2	+	(In the Senate - Received from the House April 28, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on Water,
	4	+	Agriculture & Rural Affairs; May 13, 2021, reported favorably by
	5	+	the following vote: Yeas 8, Nays 0; May 13, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the powers, duties, and bond authority of the Lubbock
6	12		Reese Redevelopment Authority; providing authority to impose a fee.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 3501.001, Special District Local Laws
9	15		Code, is amended by adding Subdivision (4) to read as follows:
10	16		(4) "Bond" means an interest-bearing obligation
11	17		issued by the authority under this chapter, including a bond,
12	18		certificate, note, or other evidence of indebtedness.
13	19		SECTION 2. Section 3501.003(a), Special District Local Laws
14	20		Code, is amended to read as follows:
15	21		(a) The purpose of the authority is to:
16	22		(1) undertake projects necessary or incidental to the
17	23		industrial, commercial, or business development, redevelopment,
18	24		maintenance, and expansion of new and existing businesses on the
19	25		property, now or formerly known as Reese Air Force Base, described
20	26		in Section 3501.002(a), including the acquisition, construction,
21	27		operation, maintenance, enhancement, or disposal of:
22	28		(A) [(1)] roads, bridges, and rights-of-way;
23	29		(B) [(2)] housing;
24	30		(C) [(3)] property;
25	31		(D) [(4)] police, fire, medical, cultural,
26	32		educational, and research services, equipment, institutions, and
27	33		resources;
28	34		(E) [(5)] other community support services;
29	35		(F) [(6)] flood control, water, wastewater
30	36		treatment, and all other utility facilities; and
31	37		(G) [(7)] other infrastructure improvements;
32	38		(2) encourage the development of new industry by
33	39		private businesses; and
34	40		(3) encourage financing of projects designated under
35	41		Section 3501.1024.
36	42		SECTION 3. Section 3501.004, Special District Local Laws
37	43		Code, is amended to read as follows:
38	44		Sec. 3501.004. EXEMPTION FROM TAXATION. (a) The property,
39	45		[revenue, and] income, and operations of the authority are exempt
40	46		from taxes [a tax] imposed by the state or a political subdivision
41	47		of the state.
42	48		(b) Section 25.07(a), Tax Code, applies to a leasehold or
43	49		other possessory interest in real property granted by the authority
44	50		for a project designated under Section 3501.1024(a) in the same
45	51		manner as it applies to a leasehold or other possessory interest in
46	52		real property constituting a project described by Section
47	53		505.161(a), Local Government Code.
48	54		(c) A commercial aircraft to be used as an instrument of
49	55		commerce that is under construction in the authority is presumed to
50	56		be in interstate, international, or foreign commerce and not
51	57		located in this state for longer than a temporary period for
52	58		purposes of Sections 11.01 and 21.02, Tax Code.
53	59		(d) Tangible personal property located in the authority is
54	60		presumed to be in interstate, international, or foreign commerce
55	61		and not located in this state for longer than a temporary period for
56	62		purposes of Sections 11.01 and 21.02, Tax Code, if the owner
57	63		demonstrates to the chief appraiser for the appraisal district in
58	64		which the authority is located that the owner intends to
59	65		incorporate the property into or attach the property to a
60	66		commercial aircraft described by Subsection (c).
61	67		(e) In this section, "commercial aircraft" means an
62	68		aircraft that is designed to be used as described by Section
63	69		21.05(e), Tax Code.
64	70		SECTION 4. Subchapter A, Chapter 3501, Special District
65	71		Local Laws Code, is amended by adding Section 3501.005 to read as
66	72		follows:
67	73		Sec. 3501.005. APPLICATION OF OTHER LAW. (a) In this
68	74		section, "qualifying project" means any real estate project
69	75		involving the construction of:
70	76		(1) a tenant finish-out or build-to-suit facility for
71	77		a tenant who, through the execution of a lease with the authority,
72	78		pays for or reimburses the authority for the cost of the
73	79		improvements;
74	80		(2) infrastructure improvements including roads,
75	81		driveways, or utility extensions made in connection with the sale
76	82		or lease of property owned by the authority and for which the
77	83		proceeds of the sale or the lease are used to reimburse the
78	84		authority for the infrastructure improvements; or
79	85		(3) an income-producing facility that generates
80	86		revenue for the authority and is constructed by a private developer
81	87		with special expertise in development.
82	88		(b) Chapters 2267 and 2269, Government Code, do not apply to
83	89		a qualifying project of the authority.
84	90		SECTION 5. Subchapter B, Chapter 3501, Special District
85	91		Local Laws Code, is amended by adding Section 3501.056 to read as
86	92		follows:
87	93		Sec. 3501.056. HEARINGS BY TELECOMMUNICATION DEVICE. (a)
88	94		Notwithstanding Chapter 551, Government Code, or other law, if the
89	95		president or vice president of the board, or chairperson or vice
90	96		chairperson of a board committee, is physically present at a
91	97		meeting of the board or committee, any number of the other members
92	98		of the board or committee may attend the meeting by use of telephone
93	99		conference call, video conference call, or other similar
94	100		telecommunication device. A member of the board or committee who
95	101		attends a meeting via a telecommunication device is considered
96	102		present for purposes of constituting a quorum, voting, and any
97	103		other form of participation in the board or committee meeting. This
98	104		subsection applies regardless of the subject of the meeting or
99	105		topics considered at the meeting.
100	106		(b) If the board or committee of the board holds a meeting
101	107		using a telecommunication device in the manner provided by
102	108		Subsection (a):
103	109		(1) the meeting is subject to the notice requirements
104	110		for other meetings;
105	111		(2) the board or committee must specify in the notice
106	112		the location of the meeting at which the president, vice president,
107	113		chairperson, or vice chairperson will be physically present;
108	114		(3) the board or committee must make the meeting open
109	115		and audible to the public at the location specified under
110	116		Subdivision (2); and
111	117		(4) the board or committee must provide two-way audio
112	118		communication between board or committee members attending the
113	119		meeting and, if the two-way audio communication link with a member
114	120		is disrupted, stop the meeting until the link is reestablished.
115	121		SECTION 6. Section 3501.102(b), Special District Local Laws
116	122		Code, is amended to read as follows:
117	123		(b) The authority may exercise, on approval by and in
118	124		coordination with the governor, any power necessary or convenient
119	125		to accomplish a purpose of this chapter, including the power to:
120	126		(1) sue and be sued, and plead and be impleaded, in its
121	127		own name;
122	128		(2) adopt an official seal;
123	129		(3) adopt and enforce bylaws and rules for the conduct
124	130		of its affairs;
125	131		(4) acquire, hold, own, and dispose of its revenue,
126	132		income, receipts, and money from any source;
127	133		(5) select its depository;
128	134		(6) establish its fiscal year;
129	135		(7) adopt an annual operating budget for all major
130	136		expenditures before the beginning of the fiscal year;
131	137		(8) establish a system of accounts for the authority;
132	138		(9) invest its money in accordance with Chapter 2256,
133	139		Government Code;
134	140		(10) acquire, hold, own, use, rent, lease, or dispose
135	141		of any property, including a license, patent, right, right-of-way,
136	142		easement, and other interest in property, by purchase, exchange,
137	143		gift, assignment, condemnation, lease, sale, or any other means, to
138	144		perform a duty or to exercise a power under this chapter;
139	145		(11) manage, operate, or improve that property, to
140	146		perform a duty or to exercise a power under this chapter;
141	147		(12) sell, assign, lease, encumber, mortgage, or
142	148		otherwise dispose of any base property, or any interest in that
143	149		property, release or relinquish any right, title, claim, lien,
144	150		interest, easement, or demand, however acquired, and,
145	151		notwithstanding any other law, conduct any transaction authorized
146	152		by this subdivision by public or private sale;
147	153		(13) lease or rent any land, buildings, structures, or
148	154		facilities located on the base property to any person to accomplish
149	155		the purposes of this chapter;
150	156		(14) request and accept any appropriation, grant,
151	157		allocation, subsidy, guarantee, aid, service, labor, material,
152	158		gift, or money from any source, including the federal government,
153	159		the state, a public agency, and a political subdivision;
154	160		(15) maintain an office;
155	161		(16) appoint and determine the duties, tenure,
156	162		qualifications, compensation, and removal of officers, employees,
157	163		agents, professional advisors, and counselors, including financial
158	164		consultants, accountants, attorneys, architects, engineers,
159	165		appraisers, and financing experts, as considered necessary or
160	166		advisable by the board;
161	167		(17) borrow money as necessary to acquire, improve, or
162	168		operate a facility on the base property, not to exceed the amount
163	169		determined by the board [governing body of the City of Lubbock];
164	170		(18) establish, impose, and collect rents, rates,
165	171		fees, and charges for its facilities and services; [and]
166	172		(19) exercise the powers Chapter 380, Local Government
167	173		Code, grants to a municipality for expansion of economic
168	174		development and commercial activity;
169	175		(20) lend money for a purpose authorized by Section
170	176		52-a, Article III, Texas Constitution;
171	177		(21) authorize by resolution the incorporation of a
172	178		nonprofit airport facility financing corporation in the manner
173	179		provided by Subchapter E, Chapter 22, Transportation Code, for the
174	180		purposes provided by Section 22.152(a), Transportation Code;
175	181		(22) exercise the powers granted to a local government
176	182		for the financing of facilities to be located on airport property,
177	183		including powers granted by Chapter 22, Transportation Code,
178	184		consistent with the requirements and the purposes of Section 52-a,
179	185		Article III, Texas Constitution;
180	186		(23) lease, own, and operate an airport and exercise
181	187		the powers granted to municipalities and counties by Chapter 22,
182	188		Transportation Code;
183	189		(24) lease, own, and operate port facilities for air,
184	190		truck, and rail transportation;
185	191		(25) provide security for port functions, facilities,
186	192		and operations;
187	193		(26) cooperate with and participate in programs and
188	194		security efforts of this state and the United States Department of
189	195		Homeland Security; and
190	196		(27) participate as a member or partner of a limited
191	197		liability company, a limited liability partnership, or other entity
192	198		organized to finance a project designated as a redevelopment
193	199		project under Section 3501.1024.
194	200		SECTION 7. Subchapter C, Chapter 3501, Special District
195	201		Local Laws Code, is amended by adding Sections 3501.1021,
196	202		3501.1022, 3501.1023, and 3501.1024 to read as follows:
197	203		Sec. 3501.1021. INLAND PORT AND TRADE POWERS. (a) The
198	204		authority may establish and operate an inland port and related port
199	205		facilities to engage in world trade.
200	206		(b) The authority may participate in national and
201	207		international agreements advancing world trade at the port.
202	208		Sec. 3501.1022. SERVICES. The authority may charge a fee
203	209		for a service including:
204	210		(1) professional consultation services provided in
205	211		relation to international trade, planning, land use, or
206	212		construction;
207	213		(2) real estate development services, including
208	214		services provided by a person licensed under Chapter 1101,
209	215		Occupations Code, acting as a broker;
210	216		(3) support or participation in the acquisition of
211	217		venture capital to finance the authority's redevelopment project,
212	218		both inside and outside the authority;
213	219		(4) participation in or assistance on a joint venture
214	220		composed of both public and private entities;
215	221		(5) promotion of an activity that creates employment
216	222		opportunities; and
217	223		(6) any other service provided in relation to a
218	224		project undertaken by the authority, alone or with others, to
219	225		fulfill an authority purpose or objective.
220	226		Sec. 3501.1023. TRANSPORTATION PROJECT. (a) The authority
221	227		may implement a transportation project:
222	228		(1) on the base property; or
223	229		(2) outside of the base property to provide access to
224	230		the base property.
225	231		(b) The authority may enter into an agreement with a person
226	232		to plan, finance, construct, or maintain a project described by
227	233		Subsection (a).
228	234		(c) The authority may construct a building, loading dock, or
229	235		other facility as part of a transportation project described by
230	236		Subsection (a)(1).
231	237		Sec. 3501.1024. REDEVELOPMENT PROJECTS. (a) The board may
232	238		designate as a redevelopment project a project that relates to:
233	239		(1) the development of base property and the
234	240		surrounding areas; or
235	241		(2) the development of property directly related to
236	242		the purposes or goals of the authority.
237	243		(b) A project designated under Subsection (a) is for a
238	244		public purpose.
239	245		SECTION 8. Section 3501.106, Special District Local Laws
240	246		Code, is amended to read as follows:
241	247		Sec. 3501.106. [REVENUE] BONDS. (a) The authority may
242	248		issue [for any authority purpose] bonds if authorized by board
243	249		resolution.
244	250		(b) A bond issued under this chapter must:
245	251		(1) be [or other obligations] payable solely from [any
246	252		source of] authority revenue;
247	253		(2) mature not later than 40 years after its date of
248	254		issuance; and
249	255		(3) state on its face that it is not an obligation of
250	256		this state or a municipality.
251	257		(c) The authority may exercise the powers granted to the
252	258		governing body of an issuer with regard to the issuance of
253	259		obligations and the execution of credit agreements under Chapter
254	260		1371, Government Code [issue a bond or other obligation in the form
255	261		of a bond, note, certificate of participation or other instrument
256	262		evidencing a proportionate interest in payments to be made by the
257	263		authority, or other type of obligation].
258	264		SECTION 9. (a) The legal notice of the intention to
259	265		introduce this Act, setting forth the general substance of this
260	266		Act, has been published as provided by law, and the notice and a
261	267		copy of this Act have been furnished to all persons, agencies,
262	268		officials, or entities to which they are required to be furnished
263	269		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
264	270		Government Code.
265	271		(b) The governor, one of the required recipients, has
266	272		submitted the notice and Act to the Texas Commission on
267	273		Environmental Quality.
268	274		(c) The Texas Commission on Environmental Quality has filed
269	275		its recommendations relating to this Act with the governor,
270	276		lieutenant governor, and speaker of the house of representatives
271	277		within the required time.
272	278		(d) All requirements of the constitution and laws of this
273	279		state and the rules and procedures of the legislature with respect
274	280		to the notice, introduction, and passage of this Act have been
275	281		fulfilled and accomplished.
276	282		SECTION 10. This Act takes effect September 1, 2021.
277		-	______________________________ ______________________________
278		-	President of the Senate Speaker of the House
279		-	I certify that H.B. No. 4579 was passed by the House on April
280		-	28, 2021, by the following vote: Yeas 140, Nays 5, 1 present, not
281		-	voting.
282		-	______________________________
283		-	Chief Clerk of the House
284		-	I certify that H.B. No. 4579 was passed by the Senate on May
285		-	19, 2021, by the following vote: Yeas 31, Nays 0.
286		-	______________________________
287		-	Secretary of the Senate
288		-	APPROVED: _____________________
289		-	Date
290		-	_____________________
291		-	Governor
	283	+	* * * * *