88R6029 JTZ-F
By: VanDeaver H.B. No. 2558
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the TexAmericas Center to provide
services to and make investments in certain business enterprises
and to create certain business organizations for purposes of the
center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3503.101(b), Special District Local Laws
Code, is amended to read as follows:
(b) The authority may exercise any power or duty necessary
or appropriate to carry out a project described by Section
3503.003(a)(3) and the purposes of this chapter, including the
power to:
(1) sue and be sued, and plead and be impleaded, in its
own name;
(2) adopt an official seal;
(3) adopt, enforce, and amend rules for the conduct of
its affairs;
(4) acquire, hold, own, pledge, and dispose of its
revenue, income, receipts, and money from any source;
(5) select its depository;
(6) acquire, own, rent, lease, accept, hold, or
dispose of any property, or any interest in property, including
rights or easements, in performing its duties and exercising its
powers under this chapter, by purchase, exchange, gift, assignment,
sale, lease, or other method;
(7) hold, manage, operate, or improve the property;
(8) sell, assign, lease, encumber, mortgage, or
otherwise dispose of property, or any interest in property, and
relinquish a property right, title, claim, lien, interest,
easement, or demand, however acquired;
(9) perform an activity authorized by Subdivision (8)
by public or private sale, with or without public bidding,
notwithstanding any other law;
(10) lease or rent any land and building, structure,
or facility from or to any person to carry out a chapter purpose;
(11) request and accept an appropriation, grant,
allocation, subsidy, guarantee, aid, service, labor, material, or
gift, from the federal government, the state, a public agency or
political subdivision, or any other source;
(12) operate and maintain an office and appoint and
determine the duties, tenure, qualifications, and compensation of
officers, employees, agents, professional advisors and counselors,
including financial consultants, accountants, attorneys,
architects, engineers, appraisers, and financing experts, as
considered necessary or advisable by the board;
(13) borrow money and issue bonds, payable solely from
all or a portion of any authority revenue, by resolution or order of
the board and without the necessity of an election;
(14) set and collect rents, rates, fees, and charges
regarding the property and any services provided by the authority;
(15) exercise the powers Chapters 373 and 380, Local
Government Code, grant to a municipality for the development of
housing and expansion of economic development and commercial
activity;
(16) exercise the powers Chapter 49, Water Code,
grants to a general-law district;
(17) exercise the powers Chapter 54, Water Code,
grants to a municipal utility district;
(18) exercise the powers Chapter 552, Transportation
Code, grants to a road utility district;
(19) exercise the powers Subchapter C, Chapter 271,
Local Government Code, grants to a municipality or county;
(20) exercise the powers Chapter 552, Local Government
Code, grants to a municipality for the provision of municipal
utilities;
(21) contract and be contracted with, in the
authority's own name, another person in the performance of the
authority's powers or duties to carry out a project described by
Section 3503.003(a)(3), or to accomplish the purposes of this
chapter for a period of years, on the terms, and by competitive
bidding or by negotiated contract, all as the board considers
appropriate, desirable, and in the best interests of the authority
and the accomplishment of chapter purposes;
(22) acquire, hold, own, sell, assign, lease,
encumber, mortgage, or otherwise dispose of any real, personal, or
mixed property located outside the perimeter of the property
described by Section 3503.004 if the other property enhances or
facilitates the development, redevelopment, maintenance, or
expansion of new and existing businesses, industry, or commercial
activity on the property;
(23) exercise the powers Chapter 22, Transportation
Code, grants to a municipality or county;
(24) exercise the powers Chapter 379B, Local
Government Code, grants to a defense base development authority;
(25) exercise the powers of a municipality under
Chapters 211 and 212, Local Government Code, in the territory of the
authority, including an area of the authority that is in the
boundaries of a municipality's limited purpose jurisdiction and
extraterritorial jurisdiction. On annexation of an area of the
authority for full purposes by a municipality, the authority's
power to regulate the area under Chapters 211 and 212 expires. The
authority regains the power in an area if the municipality
disannexes the area;
(26) fund and carry out a project the board determines
will promote or support an active military base located in the same
county as the authority to prevent closure or realignment of the
base and attract new military missions to the base, including a
project to create jobs, retain jobs, grant or loan money to a
federal entity, make improvements to infrastructure, buildings, or
land, or acquire land; and
(27) for a fee, provide services, provide investment
capital, or operate facilities as an independent contractor inside
or outside the boundaries of the authority and this state to
promote, enhance, develop, or assist a person in the:
(A) creation and operation of a new business,
industry, [or] commercial activity, or manufacturing operation:
(i) inside [in] the boundaries of the
authority; or
(ii) on a military base located in the same
county as the authority; or
(B) expansion or relocation of an existing
business, industry, commercial activity, or manufacturing
operation:
(i) inside the boundaries of the authority;
or
(ii) on a military base located in the same
county as the authority.
SECTION 2. Section 3503.112, Special District Local Laws
Code, is amended to read as follows:
Sec. 3503.112. NONPROFIT CORPORATIONS AND LIMITED
LIABILITY COMPANIES [FOR SPECIAL PROJECTS]. (a) The authority may
authorize by resolution the creation of a nonprofit corporation
under the Business Organizations Code [solely] to undertake on
behalf of the authority a project described by Section 3503.003 or
carry out any other purpose described by that section on the
authority's behalf [3503.003(a)(3)].
(a-1) After the creation of a nonprofit corporation under
Subsection (a), the authority may authorize by resolution:
(1) the creation of a limited liability company under
the Business Organizations Code for the purposes described by
Subsection (a); and
(2) the designation of the nonprofit corporation
described by Subsection (a) to participate as a member of the
company.
(b) The board shall appoint the board of directors of each
nonprofit corporation or limited liability company created under
this section. A board member is not required to reside in the
authority.
(c) A board member or employee of the authority may
simultaneously serve as a member of the board of directors of a
nonprofit corporation or limited liability company created under
this section. A person serving as a board member of the authority
and of a nonprofit corporation or limited liability company created
under this section may participate in all votes relating to the
business of the authority, [or the] corporation, or company.
(d) A [The] nonprofit corporation or limited liability
company created under this section may not exercise the power of
eminent domain.
(e) A nonprofit corporation or limited liability company
created under this section is subject to Chapters 551 and 552,
Government Code.
SECTION 3. 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, 2023.