Texas 2023 - 88th Regular

Texas House Bill HB2558 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R6029 JTZ-F
2	2	By: VanDeaver H.B. No. 2558
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the TexAmericas Center to provide
8	8	services to and make investments in certain business enterprises
9	9	and to create certain business organizations for purposes of the
10	10	center.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 3503.101(b), Special District Local Laws
13	13	Code, is amended to read as follows:
14	14	(b) The authority may exercise any power or duty necessary
15	15	or appropriate to carry out a project described by Section
16	16	3503.003(a)(3) and the purposes of this chapter, including the
17	17	power to:
18	18	(1) sue and be sued, and plead and be impleaded, in its
19	19	own name;
20	20	(2) adopt an official seal;
21	21	(3) adopt, enforce, and amend rules for the conduct of
22	22	its affairs;
23	23	(4) acquire, hold, own, pledge, and dispose of its
24	24	revenue, income, receipts, and money from any source;
25	25	(5) select its depository;
26	26	(6) acquire, own, rent, lease, accept, hold, or
27	27	dispose of any property, or any interest in property, including
28	28	rights or easements, in performing its duties and exercising its
29	29	powers under this chapter, by purchase, exchange, gift, assignment,
30	30	sale, lease, or other method;
31	31	(7) hold, manage, operate, or improve the property;
32	32	(8) sell, assign, lease, encumber, mortgage, or
33	33	otherwise dispose of property, or any interest in property, and
34	34	relinquish a property right, title, claim, lien, interest,
35	35	easement, or demand, however acquired;
36	36	(9) perform an activity authorized by Subdivision (8)
37	37	by public or private sale, with or without public bidding,
38	38	notwithstanding any other law;
39	39	(10) lease or rent any land and building, structure,
40	40	or facility from or to any person to carry out a chapter purpose;
41	41	(11) request and accept an appropriation, grant,
42	42	allocation, subsidy, guarantee, aid, service, labor, material, or
43	43	gift, from the federal government, the state, a public agency or
44	44	political subdivision, or any other source;
45	45	(12) operate and maintain an office and appoint and
46	46	determine the duties, tenure, qualifications, and compensation of
47	47	officers, employees, agents, professional advisors and counselors,
48	48	including financial consultants, accountants, attorneys,
49	49	architects, engineers, appraisers, and financing experts, as
50	50	considered necessary or advisable by the board;
51	51	(13) borrow money and issue bonds, payable solely from
52	52	all or a portion of any authority revenue, by resolution or order of
53	53	the board and without the necessity of an election;
54	54	(14) set and collect rents, rates, fees, and charges
55	55	regarding the property and any services provided by the authority;
56	56	(15) exercise the powers Chapters 373 and 380, Local
57	57	Government Code, grant to a municipality for the development of
58	58	housing and expansion of economic development and commercial
59	59	activity;
60	60	(16) exercise the powers Chapter 49, Water Code,
61	61	grants to a general-law district;
62	62	(17) exercise the powers Chapter 54, Water Code,
63	63	grants to a municipal utility district;
64	64	(18) exercise the powers Chapter 552, Transportation
65	65	Code, grants to a road utility district;
66	66	(19) exercise the powers Subchapter C, Chapter 271,
67	67	Local Government Code, grants to a municipality or county;
68	68	(20) exercise the powers Chapter 552, Local Government
69	69	Code, grants to a municipality for the provision of municipal
70	70	utilities;
71	71	(21) contract and be contracted with, in the
72	72	authority's own name, another person in the performance of the
73	73	authority's powers or duties to carry out a project described by
74	74	Section 3503.003(a)(3), or to accomplish the purposes of this
75	75	chapter for a period of years, on the terms, and by competitive
76	76	bidding or by negotiated contract, all as the board considers
77	77	appropriate, desirable, and in the best interests of the authority
78	78	and the accomplishment of chapter purposes;
79	79	(22) acquire, hold, own, sell, assign, lease,
80	80	encumber, mortgage, or otherwise dispose of any real, personal, or
81	81	mixed property located outside the perimeter of the property
82	82	described by Section 3503.004 if the other property enhances or
83	83	facilitates the development, redevelopment, maintenance, or
84	84	expansion of new and existing businesses, industry, or commercial
85	85	activity on the property;
86	86	(23) exercise the powers Chapter 22, Transportation
87	87	Code, grants to a municipality or county;
88	88	(24) exercise the powers Chapter 379B, Local
89	89	Government Code, grants to a defense base development authority;
90	90	(25) exercise the powers of a municipality under
91	91	Chapters 211 and 212, Local Government Code, in the territory of the
92	92	authority, including an area of the authority that is in the
93	93	boundaries of a municipality's limited purpose jurisdiction and
94	94	extraterritorial jurisdiction. On annexation of an area of the
95	95	authority for full purposes by a municipality, the authority's
96	96	power to regulate the area under Chapters 211 and 212 expires. The
97	97	authority regains the power in an area if the municipality
98	98	disannexes the area;
99	99	(26) fund and carry out a project the board determines
100	100	will promote or support an active military base located in the same
101	101	county as the authority to prevent closure or realignment of the
102	102	base and attract new military missions to the base, including a
103	103	project to create jobs, retain jobs, grant or loan money to a
104	104	federal entity, make improvements to infrastructure, buildings, or
105	105	land, or acquire land; and
106	106	(27) for a fee, provide services, provide investment
107	107	capital, or operate facilities as an independent contractor inside
108	108	or outside the boundaries of the authority and this state to
109	109	promote, enhance, develop, or assist a person in the:
110	110	(A) creation and operation of a new business,
111	111	industry, [or] commercial activity, or manufacturing operation:
112	112	(i) inside [in] the boundaries of the
113	113	authority; or
114	114	(ii) on a military base located in the same
115	115	county as the authority; or
116	116	(B) expansion or relocation of an existing
117	117	business, industry, commercial activity, or manufacturing
118	118	operation:
119	119	(i) inside the boundaries of the authority;
120	120	or
121	121	(ii) on a military base located in the same
122	122	county as the authority.
123	123	SECTION 2. Section 3503.112, Special District Local Laws
124	124	Code, is amended to read as follows:
125	125	Sec. 3503.112. NONPROFIT CORPORATIONS AND LIMITED
126	126	LIABILITY COMPANIES [FOR SPECIAL PROJECTS]. (a) The authority may
127	127	authorize by resolution the creation of a nonprofit corporation
128	128	under the Business Organizations Code [solely] to undertake on
129	129	behalf of the authority a project described by Section 3503.003 or
130	130	carry out any other purpose described by that section on the
131	131	authority's behalf [3503.003(a)(3)].
132	132	(a-1) After the creation of a nonprofit corporation under
133	133	Subsection (a), the authority may authorize by resolution:
134	134	(1) the creation of a limited liability company under
135	135	the Business Organizations Code for the purposes described by
136	136	Subsection (a); and
137	137	(2) the designation of the nonprofit corporation
138	138	described by Subsection (a) to participate as a member of the
139	139	company.
140	140	(b) The board shall appoint the board of directors of each
141	141	nonprofit corporation or limited liability company created under
142	142	this section. A board member is not required to reside in the
143	143	authority.
144	144	(c) A board member or employee of the authority may
145	145	simultaneously serve as a member of the board of directors of a
146	146	nonprofit corporation or limited liability company created under
147	147	this section. A person serving as a board member of the authority
148	148	and of a nonprofit corporation or limited liability company created
149	149	under this section may participate in all votes relating to the
150	150	business of the authority, [or the] corporation, or company.
151	151	(d) A [The] nonprofit corporation or limited liability
152	152	company created under this section may not exercise the power of
153	153	eminent domain.
154	154	(e) A nonprofit corporation or limited liability company
155	155	created under this section is subject to Chapters 551 and 552,
156	156	Government Code.
157	157	SECTION 3. This Act takes effect immediately if it receives
158	158	a vote of two-thirds of all the members elected to each house, as
159	159	provided by Section 39, Article III, Texas Constitution. If this
160	160	Act does not receive the vote necessary for immediate effect, this
161	161	Act takes effect September 1, 2023.