HBA-NLM S.B. 1794 76(R) BILL ANALYSIS
Office of House Bill AnalysisS.B. 1794
By: Ratliff
County Affairs
5/3/1999
Engrossed
BACKGROUND AND PURPOSE
Currently, Texas law authorizes the Red River Redevelopment Authority
(authority) to accept title to the land and property of the Red River Army
Depot from the Department of Defense in response to the Federal Base
Closure Act realignment. The redevelopment of the property depends on the
ability of the authority to provide utility services to potential
commercial and industrial tenants. S.B. 1794 authorizes the authority to
operate all utility systems on the property. In addition, this bill sets
forth the powers and duties of the Red River Redevelopment Authority and
validates certain acts of the authority.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any addition rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 1(4), (5), and (6), Article 1269j-18, V.T.C.S.,
to redefine "cities," "property," and "eligible project."
SECTION 2. Amends Section 2, Article 1269j-18, V.T.C.S., to provide that
the creation, establishment, and organization of the Red River
Redevelopment Authority (authority) are validated, ratified, approved, and
confirmed. Provides that the boundaries of the authority are coterminous
with the boundaries of the real property described in Section 8A of this
Act. Authorizes the boundaries of the authority to be expanded from time to
time as additional real property, if any is conveyed to the authority by
the United States of America. Sets forth certain provisions regarding the
authority as a governmental entity. Requires the authority to be subject
to the regulatory authority of the state or any agencies of the state to
the same extent as a municipal corporation. Deletes text regarding adoption
of a resolution. Makes conforming and nonsubstantive changes.
SECTION 3. Amends Section 3, Article 1269j-18, V.T.C.S., by amending
Subsections (b) and (c) and adding Subsections (h) and (i), as follows:
(b) Provides that the board of directors of the authority is composed of
certain members including one member appointed, rather than elected
at-large, by the mayor of Red Lick, Texas.
(c) Authorizes the board, by rule or resolution, to provide for the
appointment of members of the board in alternate years and to determine the
number and manner of deciding which members will be appointed in
odd-numbered years and which will be appointed in evennumbered years.
(h) Prohibits a board member from being entitled to compensation for
services on the board but provides that a member is entitled to be
reimbursed for necessary expenses incurred in carrying out the duties and
responsibilities of a board member.
(i) Prohibits a position on the board from being construed to be a civil
office of emolument for any purpose, including those purposes described in
Section 40, Article XVI, Texas Constitution. Authorizes elected officials
of the county and cities to serve on the board without penalty of
forfeiture of office. Requires the provisions of this section to prevail
and be given effect, in the event of any conflict between this section and
any provision of statutory or common law which would in any way prevent the
elected officials from serving on the board. Requires a conflict of
interest, under either statutory or common law, for any board member
regarding a particular matter to come before the board to be governed by
Chapter 171, Local Government Code.
SECTION 4. Amends Sections 4 and 5, Article 1269j-18, V.T.C.S., as follows:
Sec. 4. PURPOSE. Creates the authority for the purpose of accepting title
on approval by and in coordination with the governor from the United States
to all or any portion of the property within, adjacent to, or related to
the property described in Section 8A of this Act. Requires the property to
consist of any property, whether real, personal, or mixed, and any rights,
whether tangible or intangible, assets, benefits, or improvements related
to the existence, development, operation, or maintenance of the property
and commercial activities within or related to the property. Deletes text
regarding excess personal and real property. Sets forth purposes for which
the creation of the authority is necessary. Makes conforming and
nonsubstantve changes.
Sec. 5. POWERS AND DUTIES OF THE AUTHORITY. Sets forth certain powers and
duties of the authority. Requires the provisions of this Act to prevail to
the extent the general laws may be inconsistent or in conflict with this
Act. Sets forth the intentions of the legislature regarding required powers
and authority. Makes conforming and nonsubstantive changes.
SECTION 5. Amends Article 1269j-18, V.T.C.S., by amending Sections 7 and 8
and adding Section 8A, as follows:
Sec. 7. DISSOLUTION. Provides that it is the intention of the legislature
that the authority be dissolved with the approval of the cities and county
governing bodies, after the conveyance and sale of all of the property.
Sec. 8. SUCCESSOR. Requires Bowie County to transfer certain assets.
Requires such transfer of assets to be made without the requirement of
public notice or bidding; provided this provision shall not authorize the
transfer of public funds of Bowie County, other than the funds described by
this section, except as may be otherwise provided by law.
Sec. 8A. AUTHORITY PROPERTY. Requires the initial property comprising the
authority to be a certain tract of real property located in Bowie County,
Texas, as conveyed, or to be conveyed, in or one or more parcels by the USA
to the authority. Sets forth the boundaries and describes the property.
SECTION 6. Emergency clause.
Effective date: upon passage.