Texas 2023 - 88th Regular

Texas Senate Bill SB1187 Compare Versions

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11 S.B. No. 1187
22
33
44 AN ACT
55 relating to the authority of the TexAmericas Center to provide
66 services to and make investments in certain business enterprises
77 and to create certain business organizations for purposes of the
88 center.
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;
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, provide investment
105105 capital, or operate facilities as an independent contractor inside
106106 or outside the boundaries of the authority and this state to
107107 promote, enhance, develop, or assist a person in the:
108108 (A) creation and operation of a new business,
109109 industry, [or] commercial activity, or manufacturing operation:
110110 (i) inside [in] the boundaries of the
111111 authority; or
112112 (ii) on a military base located in the same
113113 county as the authority; or
114114 (B) expansion or relocation of an existing
115115 business, industry, commercial activity, or manufacturing
116116 operation:
117117 (i) inside the boundaries of the authority;
118118 or
119119 (ii) on a military base located in the same
120120 county as the authority.
121121 SECTION 2. Section 3503.112, Special District Local Laws
122122 Code, is amended to read as follows:
123123 Sec. 3503.112. NONPROFIT CORPORATIONS AND LIMITED
124124 LIABILITY COMPANIES [FOR SPECIAL PROJECTS]. (a) The authority may
125125 authorize by resolution the creation of a nonprofit corporation
126126 under the Business Organizations Code [solely] to undertake on
127127 behalf of the authority a project described by Section 3503.003 or
128128 carry out any other purpose described by that section on the
129129 authority's behalf [3503.003(a)(3)].
130130 (a-1) After the creation of a nonprofit corporation under
131131 Subsection (a), the authority may authorize by resolution:
132132 (1) the creation of a limited liability company under
133133 the Business Organizations Code for the purposes described by
134134 Subsection (a); and
135135 (2) the designation of the nonprofit corporation
136136 described by Subsection (a) to participate as a member of the
137137 company.
138138 (b) The board shall appoint the board of directors of each
139139 nonprofit corporation or limited liability company created under
140140 this section. A board member is not required to reside in the
141141 authority.
142142 (c) A board member or employee of the authority may
143143 simultaneously serve as a member of the board of directors of a
144144 nonprofit corporation or limited liability company created under
145145 this section. A person serving as a board member of the authority
146146 and of a nonprofit corporation or limited liability company created
147147 under this section may participate in all votes relating to the
148148 business of the authority, [or the] corporation, or company.
149149 (d) A [The] nonprofit corporation or limited liability
150150 company created under this section may not exercise the power of
151151 eminent domain.
152152 (e) A nonprofit corporation or limited liability company
153153 created under this section is subject to Chapters 551 and 552,
154154 Government Code.
155155 SECTION 3. This Act takes effect immediately if it receives
156156 a vote of two-thirds of all the members elected to each house, as
157157 provided by Section 39, Article III, Texas Constitution. If this
158158 Act does not receive the vote necessary for immediate effect, this
159159 Act takes effect September 1, 2023.
160160 ______________________________ ______________________________
161161 President of the Senate Speaker of the House
162162 I hereby certify that S.B. No. 1187 passed the Senate on
163163 May 3, 2023, by the following vote: Yeas 29, Nays 2.
164164 ______________________________
165165 Secretary of the Senate
166166 I hereby certify that S.B. No. 1187 passed the House on
167167 May 9, 2023, by the following vote: Yeas 125, Nays 17, two
168168 present not voting.
169169 ______________________________
170170 Chief Clerk of the House
171171 Approved:
172172 ______________________________
173173 Date
174174 ______________________________
175175 Governor