Texas 2025 - 89th Regular

Texas House Bill HB5092 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R17736 JTZ-F
2	2	By: Tepper H.B. No. 5092
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation and dissolution of the Lubbock Reese
10	10	Redevelopment Authority and to agreements between Texas Tech
11	11	University and the authority.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 3501.001, Special District Local Laws
14	14	Code, is amended by adding Subdivisions (5) and (6) to read as
15	15	follows:
16	16	(5) "Critical infrastructure" has the meaning
17	17	assigned by Section 117.001, Business & Commerce Code.
18	18	(6) "National security-related technology" means
19	19	technology that is:
20	20	(A) researched or developed in collaboration
21	21	with Texas Tech University for a use related to national security by
22	22	the United States Department of Defense, the United States
23	23	Department of Defense's component services and agencies, the United
24	24	States Department of Energy, the United States Department of
25	25	Homeland Security, or another collaborating partner in the public
26	26	or private sector; and
27	27	(B) used in qualified research, as defined by
28	28	Section 151.3182, Tax Code.
29	29	SECTION 2. Section 3501.003(a), Special District Local Laws
30	30	Code, is amended to read as follows:
31	31	(a) The purpose of the authority is to:
32	32	(1) undertake projects necessary or incidental to the
33	33	industrial, commercial, or business development, redevelopment,
34	34	maintenance, and expansion of new and existing businesses on the
35	35	property, now or formerly known as Reese Air Force Base, described
36	36	in Section 3501.002(a), and to research related to national
37	37	security and critical infrastructure conducted on the property,
38	38	including the acquisition, construction, operation, maintenance,
39	39	enhancement, or disposal of:
40	40	(A) roads, bridges, and rights-of-way;
41	41	(B) housing;
42	42	(C) property;
43	43	(D) police, fire, medical, cultural,
44	44	educational, and research services, equipment, institutions, and
45	45	resources;
46	46	(E) other community support services;
47	47	(F) flood control, water, wastewater treatment,
48	48	and all other utility facilities; and
49	49	(G) other infrastructure improvements;
50	50	(2) encourage the development of new industry by
51	51	private businesses; [and]
52	52	(3) encourage financing of projects designated under
53	53	Section 3501.1024; and
54	54	(4) facilitate the establishment of an applied
55	55	research site in cooperation and collaboration with Texas Tech
56	56	University.
57	57	SECTION 3. Sections 3501.004(c) and (d), Special District
58	58	Local Laws Code, are amended to read as follows:
59	59	(c) Tangible personal property that is used primarily to
60	60	develop national security-related technology or critical
61	61	infrastructure technology, tangible personal property that is
62	62	national security-related technology or critical infrastructure
63	63	technology, or a [A] commercial aircraft to be used as an instrument
64	64	of commerce that is under construction or development, as
65	65	applicable, in the authority is presumed to be in interstate,
66	66	international, or foreign commerce and not located in this state
67	67	for longer than a temporary period for purposes of Sections 11.01
68	68	and 21.02, Tax Code.
69	69	(d) Tangible personal property located in the authority is
70	70	presumed to be in interstate, international, or foreign commerce
71	71	and not located in this state for longer than a temporary period for
72	72	purposes of Sections 11.01 and 21.02, Tax Code, if the owner
73	73	demonstrates to the chief appraiser for the appraisal district in
74	74	which the authority is located that the owner intends to
75	75	incorporate the property into or attach the property to tangible
76	76	personal property described by Subsection (c) or a commercial
77	77	aircraft described by Subsection (c).
78	78	SECTION 4. Section 3501.005(a), Special District Local Laws
79	79	Code, is amended to read as follows:
80	80	(a) In this section, "qualifying project" means any real
81	81	estate project involving the construction of:
82	82	(1) a tenant finish-out or build-to-suit facility for
83	83	a tenant who, through the execution of a lease with the authority,
84	84	pays for or reimburses the authority for the cost of the
85	85	improvements;
86	86	(2) infrastructure improvements including roads,
87	87	driveways, or utility extensions made in connection with the sale
88	88	or lease of property owned by the authority and for which the
89	89	proceeds of the sale or the lease are used to reimburse the
90	90	authority for the infrastructure improvements; or
91	91	(3) an income-producing facility that generates
92	92	revenue for the authority and is constructed by:
93	93	(A) a private developer with special expertise in
94	94	development; or
95	95	(B) an entity whose purpose is to support the
96	96	research and development of national security-related technology
97	97	or critical infrastructure technology or services in collaboration
98	98	with Texas Tech University.
99	99	SECTION 5. Section 3501.051, Special District Local Laws
100	100	Code, is amended to read as follows:
101	101	Sec. 3501.051. COMPOSITION OF BOARD. (a) The board is
102	102	composed of:
103	103	(1) six [five] directors appointed in the manner
104	104	provided by Subsection (b) [by the governing body of the City of
105	105	Lubbock from a list of persons recommended by the board under this
106	106	section]; and
107	107	(2) [one director appointed by the commissioners court
108	108	of Lubbock County from a list of persons recommended by the board
109	109	under this section; and
110	110	[(3)] the executive director of the South Plains
111	111	Association of Governments.
112	112	(b) Before the term of an appointed [a] director [appointed
113	113	under Subsection (a)(1) or (a)(2)] expires, the board, in
114	114	consultation with the president of Texas Tech University, or the
115	115	president's designee [City of Lubbock or Lubbock County, as
116	116	applicable, shall recommend to the governing body of the City of
117	117	Lubbock or the commissioners court of Lubbock County, as
118	118	applicable, a list of persons to serve on the succeeding board.
119	119	After reviewing the list of recommendations, the governing body of
120	120	the City of Lubbock or the commissioners court of Lubbock County, as
121	121	applicable], shall appoint a person to serve as a successor
122	122	director [the appropriate number of directors from the recommended
123	123	persons, or request that the board provide additional
124	124	recommendations].
125	125	(c) The [governing body of the City of Lubbock, the
126	126	commissioners court of Lubbock County, or the] board [, as
127	127	appropriate,] shall make [recommendations and] appointments of
128	128	successor directors to the board so that places on the board are
129	129	occupied by persons with experience in:
130	130	(1) real estate;
131	131	(2) finance;
132	132	(3) manufacturing;
133	133	(4) agriculture; and
134	134	(5) national security-related technology or critical
135	135	infrastructure technology [general business].
136	136	SECTION 6. Section 3501.102(b), Special District Local Laws
137	137	Code, is amended to read as follows:
138	138	(b) The authority may exercise[, on approval by and in
139	139	coordination with the governor,] any power necessary or convenient
140	140	to accomplish a purpose of this chapter, including the power to:
141	141	(1) sue and be sued, and plead and be impleaded, in its
142	142	own name;
143	143	(2) adopt an official seal;
144	144	(3) adopt and enforce bylaws and rules for the conduct
145	145	of its affairs;
146	146	(4) acquire, hold, own, and dispose of its revenue,
147	147	income, receipts, and money from any source;
148	148	(5) select its depository;
149	149	(6) establish its fiscal year;
150	150	(7) adopt an annual operating budget for all major
151	151	expenditures before the beginning of the fiscal year;
152	152	(8) establish a system of accounts for the authority;
153	153	(9) invest its money in accordance with Chapter 2256,
154	154	Government Code;
155	155	(10) acquire, hold, own, use, rent, lease, or dispose
156	156	of any property, including a license, patent, right, right-of-way,
157	157	easement, and other interest in property, by purchase, exchange,
158	158	gift, assignment, condemnation, lease, sale, or any other means, to
159	159	perform a duty or to exercise a power under this chapter;
160	160	(11) manage, operate, or improve that property, to
161	161	perform a duty or to exercise a power under this chapter;
162	162	(12) sell, assign, lease, encumber, mortgage, or
163	163	otherwise dispose of any base property, or any interest in that
164	164	property, release or relinquish any right, title, claim, lien,
165	165	interest, easement, or demand, however acquired, and,
166	166	notwithstanding any other law, conduct any transaction authorized
167	167	by this subdivision by public or private sale;
168	168	(13) lease or rent any land, buildings, structures, or
169	169	facilities located on the base property to any person to accomplish
170	170	the purposes of this chapter;
171	171	(14) request and accept any appropriation, grant,
172	172	allocation, subsidy, guarantee, aid, service, labor, material,
173	173	gift, or money from any source, including the federal government,
174	174	the state, a public agency, and a political subdivision;
175	175	(15) maintain an office;
176	176	(16) appoint and determine the duties, tenure,
177	177	qualifications, compensation, and removal of officers, employees,
178	178	agents, professional advisors, and counselors, including financial
179	179	consultants, accountants, attorneys, architects, engineers,
180	180	appraisers, and financing experts, as considered necessary or
181	181	advisable by the board;
182	182	(17) borrow money as necessary to acquire, improve, or
183	183	operate a facility on the base property, not to exceed the amount
184	184	determined by the board;
185	185	(18) establish, impose, and collect rents, rates,
186	186	fees, and charges for its facilities and services;
187	187	(19) exercise the powers Chapter 380, Local Government
188	188	Code, grants to a municipality for expansion of economic
189	189	development and commercial activity;
190	190	(20) lend money for a purpose authorized by Section
191	191	52-a, Article III, Texas Constitution;
192	192	(21) authorize by resolution the incorporation of a
193	193	nonprofit airport facility financing corporation in the manner
194	194	provided by Subchapter E, Chapter 22, Transportation Code, for the
195	195	purposes provided by Section 22.152(a), Transportation Code;
196	196	(22) exercise the powers granted to a local government
197	197	for the financing of facilities to be located on airport property,
198	198	including powers granted by Chapter 22, Transportation Code,
199	199	consistent with the requirements and the purposes of Section 52-a,
200	200	Article III, Texas Constitution;
201	201	(23) lease, own, and operate an airport and exercise
202	202	the powers granted to municipalities and counties by Chapter 22,
203	203	Transportation Code;
204	204	(24) lease, own, and operate port facilities for air,
205	205	truck, and rail transportation;
206	206	(25) provide security for port functions, facilities,
207	207	and operations;
208	208	(26) cooperate with and participate in programs and
209	209	critical infrastructure and national security efforts of this state
210	210	and the United States Department of Defense, the component services
211	211	and agencies of the United States Department of Defense, the United
212	212	States Department of Energy, the United States Department of
213	213	Homeland Security, or another collaborating partner in the public
214	214	or private sector; [and]
215	215	(27) participate as a member or partner of a limited
216	216	liability company, a limited liability partnership, or other entity
217	217	organized to finance a project designated as a redevelopment
218	218	project under Section 3501.1024; and
219	219	(28) enter into interagency agreements with Texas Tech
220	220	University in the manner provided by Chapter 771, Government Code,
221	221	as necessary to:
222	222	(A) facilitate and support Texas Tech University
223	223	research and development activities on base property; or
224	224	(B) facilitate the transfer of portions of the
225	225	base property to Texas Tech University to further a purpose of the
226	226	authority.
227	227	SECTION 7. Subchapter D, Chapter 3501, Special District
228	228	Local Laws Code, is amended to read as follows:
229	229	SUBCHAPTER D. TRANSFER OF OWNERSHIP; DISSOLUTION
230	230	Sec. 3501.151. LEGISLATIVE INTENT. (a) The legislature
231	231	intends that the authority transfer ownership of portions of the
232	232	base property to Texas Tech University in a manner authorized by
233	233	this chapter as necessary for the purposes of an agreement
234	234	described by Section 3501.102(b)(28). The agreement may provide
235	235	for the continued operation of the authority after the transfer.
236	236	(b) The legislature intends that the authority be dissolved
237	237	under Section 3501.152 after conveyance or transfer [and sale] of
238	238	all of the base property.
239	239	Sec. 3501.152. DISSOLUTION [DUTY TO DISSOLVE]. [(a)] The
240	240	authority may [shall] be dissolved only [on approval of the City of
241	241	Lubbock and Lubbock County]:
242	242	(1) when the board determines that all the functions
243	243	of the authority are performed and completed; [and]
244	244	(2) after all debts or obligations have been satisfied
245	245	or retired with the assets of the authority; and
246	246	(3) after [.
247	247	[(b) On dissolution,] any remaining real property and other
248	248	assets of the authority have been [shall be] conveyed or
249	249	transferred to:
250	250	(A) Texas Tech University, if approved by the
251	251	Board of Regents of the Texas Tech University System; or
252	252	(B) if Texas Tech University declines to accept
253	253	any remaining real property and other assets of the authority, to
254	254	the City of Lubbock [and Lubbock County in proportion to any initial
255	255	contribution of money made].
256	256	SECTION 8. Subchapter C, Chapter 109, Education Code, is
257	257	amended by adding Section 109.105 to read as follows:
258	258	Sec. 109.105. APPLIED RESEARCH SITE AT FORMER REESE AIR
259	259	FORCE BASE. A facility transferred to Texas Tech University from
260	260	the Lubbock Reese Redevelopment Authority under Chapter 3501,
261	261	Special District Local Laws Code, is not required to be included in
262	262	a facilities inventory audit under Subchapter C, Chapter 61,
263	263	Education Code, and is not subject to the facilities inventory
264	264	rules of the Texas Higher Education Coordinating Board until the
265	265	facility is placed in service and assigned an educational or
266	266	generation function by the university.
267	267	SECTION 9. The changes in law made by this Act to Section
268	268	3501.051, Special District Local Laws Code, do not affect the
269	269	entitlement of a member serving on the board of directors of the
270	270	Lubbock Reese Redevelopment Authority immediately before the
271	271	effective date of this Act to continue to carry out the board's
272	272	functions for the remainder of the member's term. The change in law
273	273	applies only to a member appointed on or after the effective date of
274	274	this Act. This Act does not prohibit a person who is a member of the
275	275	board on the effective date of this Act from being reappointed to
276	276	the board if the person has the qualifications required for a member
277	277	under Section 3501.051(c), Special District Local Laws Code, as
278	278	amended by this Act.
279	279	SECTION 10. This Act takes effect September 1, 2025.