HBA-MPA, MPM H.B. 55 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 55
By: Cuellar
State Affairs
2/4/1999
Introduced



BACKGROUND AND PURPOSE 

The border region has special needs created by its proximity to the Mexican
border, and also presents special economic development opportunities which
can have an effect on the entire state.  H.B. 55 creates the Border
Economic Development Authority to address these special needs and
opportunities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle F, Title 4, Government Code, by adding Chapter
487, as follows: 

CHAPTER 487.  BORDER ECONOMIC DEVELOPMENT AUTHORITY
SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 487.001.  FINDINGS.  Sets forth the legislative findings.

Sec.  487.002.  DEFINITIONS.  Defines "authority," "commission," and
"border region." 

Sec.  487.003.  BORDER ECONOMIC DEVELOPMENT AUTHORITY.  Creates the Border
Economic Development Authority (authority) as a state agency. 

Sec.  487.004.  SUNSET PROVISION.  Provides that the authority is subject
to Chapter 325, Government Code (Texas Sunset Act).  Stipulates that unless
the authority's existence is continued under Chapter 325,  the authority is
abolished and this chapter expires September 1, 2011. 

Sec. 487.005.  BORDER ECONOMIC DEVELOPMENT AUTHORITY COMMISSION. Creates
the Border Economic Development Authority Commission (commission) as the
authority's governing body.  Stipulates that the commission be composed of
12 persons appointed by the governor with the advice and consent of the
senate.  Sets forth the entities represented by the commission.  Stipulates
that commission members serve a six-year, staggered term with one-third of
the members' terms expiring February 1 of each oddnumbered year.  Requires
the governor to appoint a person, in the same manner as the original
appointment, to serve the remainder of an unexpired term if there is a
vacancy. Entitles commission members to travel reimbursement as provided by
the General Appropriations Act, if the expense is related to commission
business. 

Sec. 487.006.  PRESIDING OFFICER; MEETINGS.  Requires the governor to
appoint a member of the commission to serve as presiding officer.  Requires
the commission to meet at the presiding officer's request.   

Sec. 487.007.  DIVISIONS.  Authorizes the commission to form one or more
divisions within the authority to assist the authority in carrying out its
duties. 
 
Sec. 487.008.  PUBLIC AND PRIVATE FUNDS.  (a) Requires the state agencies
and institutions represented on the commission to pay the costs of the
authority, including staff, equipment, supplies, and clerical and support
services. 

(b)  Authorizes the authority to seek and accept private and federal
funding, staff and volunteers; United States Agency for International
Development grants; and World Bank loans. 

(c)  Authorizes the authority to use staff, equipment, supplies, and
services of an agency represented on the commission in addition to other
funding sources to carry out the powers and duties of the authority under
this chapter. 

(d)  Requires the disbursement of funds received by the authority to comply
with the commission's disbursement policy, subject to state law and
policies of state agencies and institutions represented on the commission.

SUBCHAPTER B.  POWERS AND DUTIES OF AUTHORITY

Sec. 487.051.  POWERS AND DUTIES RELATING TO PLANS AND OBJECTIVES. Requires
the authority to develop and implement a specific plan of operation,
timetable, and objectives.  Authorizes the authority to develop a plan to
address issues related to the border region.    

Sec. 487.052.  IMPLEMENTATION OF PLAN.  Authorizes the authority to take
necessary action to implement a plan developed under Section 487.051. 

Sec.  487.053.  REPORT.  Requires the authority to provide a report to the
governor and legislature, not later than January 15 of each odd-numbered
year, summarizing its actions and progress during the preceding two years,
and to make suggestions regarding any action the commission finds
necessary. 

SECTION 2.  Requires the governor, when making appointments to the
commission, to designate four commission members each for terms to expire
February 1, 2001; February 1, 2003; and February 1, 2005.  Requires the
authority to submit its first report under Section 487.053, Government
Code, no later than January 15, 2001. 

SECTION 3.  Emergency clause.
            Effective date:  upon passage.