Texas 2021 - 87th Regular

Texas Senate Bill SB479 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 479
	1	+	By: Hughes S.B. No. 479
	2	+	(VanDeaver)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the powers of the TexAmericas Center, including its
6	8		authority to issue bonds.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 3503.101(b), Special District Local Laws
9	11		Code, is amended to read as follows:
10	12		(b) The authority may exercise any power or duty necessary
11	13		or appropriate to carry out a project described by Section
12	14		3503.003(a)(3) and the purposes of this chapter, including the
13	15		power to:
14	16		(1) sue and be sued, and plead and be impleaded, in its
15	17		own name;
16	18		(2) adopt an official seal;
17	19		(3) adopt, enforce, and amend rules for the conduct of
18	20		its affairs;
19	21		(4) acquire, hold, own, pledge, and dispose of its
20	22		revenue, income, receipts, and money from any source;
21	23		(5) select its depository;
22	24		(6) acquire, own, rent, lease, accept, hold, or
23	25		dispose of any property, or any interest in property, including
24	26		rights or easements, in performing its duties and exercising its
25	27		powers under this chapter, by purchase, exchange, gift, assignment,
26	28		sale, lease, or other method;
27	29		(7) hold, manage, operate, or improve the property;
28	30		(8) sell, assign, lease, encumber, mortgage, or
29	31		otherwise dispose of property, or any interest in property, and
30	32		relinquish a property right, title, claim, lien, interest,
31	33		easement, or demand, however acquired;
32	34		(9) perform an activity authorized by Subdivision (8)
33	35		by public or private sale, with or without public bidding,
34	36		notwithstanding any other law;
35	37		(10) lease or rent any land and building, structure,
36	38		or facility from or to any person to carry out a chapter purpose;
37	39		(11) request and accept an appropriation, grant,
38	40		allocation, subsidy, guarantee, aid, service, labor, material, or
39	41		gift, from the federal government, the state, a public agency or
40	42		political subdivision, or any other source;
41	43		(12) operate and maintain an office and appoint and
42	44		determine the duties, tenure, qualifications, and compensation of
43	45		officers, employees, agents, professional advisors and counselors,
44	46		including financial consultants, accountants, attorneys,
45	47		architects, engineers, appraisers, and financing experts, as
46	48		considered necessary or advisable by the board;
47	49		(13) borrow money and issue bonds, payable solely from
48	50		all or a portion of any authority revenue, by resolution or order of
49	51		the board and without the necessity of an election;
50	52		(14) set and collect rents, rates, fees, and charges
51	53		regarding the property and any services provided by the authority;
52	54		(15) exercise the powers Chapters 373 and 380, Local
53	55		Government Code, grant to a municipality for the development of
54	56		housing and expansion of economic development and commercial
55	57		activity;
56	58		(16) exercise the powers Chapter 49, Water Code,
57	59		grants to a general-law district;
58	60		(17) exercise the powers Chapter 54, Water Code,
59	61		grants to a municipal utility district;
60	62		(18) exercise the powers Chapter 552, Transportation
61	63		Code, grants to a road utility district;
62	64		(19) exercise the powers Subchapter C, Chapter 271,
63	65		Local Government Code, grants to a municipality or county;
64	66		(20) exercise the powers Chapter 552, Local Government
65	67		Code, grants to a municipality for the provision of municipal
66	68		utilities;
67	69		(21) contract and be contracted with, in the
68	70		authority's own name, another person in the performance of the
69	71		authority's powers or duties to carry out a project described by
70	72		Section 3503.003(a)(3), or to accomplish the purposes of this
71	73		chapter for a period of years, on the terms, and by competitive
72	74		bidding or by negotiated contract, all as the board considers
73	75		appropriate, desirable, and in the best interests of the authority
74	76		and the accomplishment of chapter purposes;
75	77		(22) acquire, hold, own, sell, assign, lease,
76	78		encumber, mortgage, or otherwise dispose of any real, personal, or
77	79		mixed property located outside the perimeter of the property
78	80		described by Section 3503.004 if the other property enhances or
79	81		facilitates the development, redevelopment, maintenance, or
80	82		expansion of new and existing businesses, industry, or commercial
81	83		activity on the property;
82	84		(23) exercise the powers Chapter 22, Transportation
83	85		Code, grants to a municipality or county;
84	86		(24) exercise the powers Chapter 379B, Local
85	87		Government Code, grants to a defense base development authority;
86	88		(25) exercise the powers of a municipality under
87	89		Chapters 211 and 212, Local Government Code, in the territory of the
88	90		authority, including an area of the authority that is in the
89	91		boundaries of a municipality's limited purpose jurisdiction and
90	92		extraterritorial jurisdiction. On annexation of an area of the
91	93		authority for full purposes by a municipality, the authority's
92	94		power to regulate the area under Chapters 211 and 212 expires. The
93	95		authority regains the power in an area if the municipality
94	96		disannexes the area; [and]
95	97		(26) fund and carry out a project the board determines
96	98		will promote or support an active military base located in the same
97	99		county as the authority to prevent closure or realignment of the
98	100		base and attract new military missions to the base, including a
99	101		project to create jobs, retain jobs, grant or loan money to a
100	102		federal entity, make improvements to infrastructure, buildings, or
101	103		land, or acquire land; and
102	104		(27) for a fee, provide services or operate facilities
103	105		inside or outside the boundaries of the authority and this state to
104	106		promote, enhance, develop, or assist a person in the creation of a
105	107		new business, industry, or commercial activity in the boundaries of
106	108		the authority.
107	109		SECTION 2. Subchapter C, Chapter 3503, Special District
108	110		Local Laws Code, is amended by adding Section 3503.113 to read as
109	111		follows:
110	112		Sec. 3503.113. POWERS AND AUTHORITIES OF DEFENSE BASE
111	113		DEVELOPMENT AUTHORITY. (a) The authority may exercise the powers
112	114		given to a defense base development authority created under Chapter
113	115		379B, Local Government Code.
114	116		(b) This chapter prevails over Chapter 379B, Local
115	117		Government Code, in the event of a conflict.
116	118		SECTION 3. Subchapter E, Chapter 3503, Special District
117	119		Local Laws Code, is amended by adding Section 3503.205 to read as
118	120		follows:
119	121		Sec. 3503.205. OBLIGATIONS AND CREDIT AGREEMENTS. (a) The
120	122		authority may issue, sell, and deliver obligations and execute
121	123		credit agreements as provided by Chapter 1371, Government Code.
122	124		(b) The authority may delegate its authority in connection
123	125		with the issuance of bonds in the same manner as an issuer under
124	126		Chapter 1371, Government Code.
125	127		SECTION 4. (a) The legal notice of the intention to
126	128		introduce this Act, setting forth the general substance of this
127	129		Act, has been published as provided by law, and the notice and a
128	130		copy of this Act have been furnished to all persons, agencies,
129	131		officials, or entities to which they are required to be furnished
130	132		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
131	133		Government Code.
132	134		(b) The governor, one of the required recipients, has
133	135		submitted the notice and Act to the Texas Commission on
134	136		Environmental Quality.
135	137		(c) The Texas Commission on Environmental Quality has filed
136	138		its recommendations relating to this Act with the governor, the
137	139		lieutenant governor, and the speaker of the house of
138	140		representatives within the required time.
139	141		(d) All requirements of the constitution and laws of this
140	142		state and the rules and procedures of the legislature with respect
141	143		to the notice, introduction, and passage of this Act are fulfilled
142	144		and accomplished.
143	145		SECTION 5. This Act takes effect immediately if it receives
144	146		a vote of two-thirds of all the members elected to each house, as
145	147		provided by Section 39, Article III, Texas Constitution. If this
146	148		Act does not receive the vote necessary for immediate effect, this
147	149		Act takes effect September 1, 2021.
148		-	______________________________ ______________________________
149		-	President of the Senate Speaker of the House
150		-	I hereby certify that S.B. No. 479 passed the Senate on
151		-	April 9, 2021, by the following vote: Yeas 31, Nays 0.
152		-	______________________________
153		-	Secretary of the Senate
154		-	I hereby certify that S.B. No. 479 passed the House on
155		-	April 30, 2021, by the following vote: Yeas 100, Nays 41, two
156		-	present not voting.
157		-	______________________________
158		-	Chief Clerk of the House
159		-	Approved:
160		-	______________________________
161		-	Date
162		-	______________________________
163		-	Governor