Bill Text: TX SB1646 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the powers and duties of a defense base management authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Veteran Affairs & Military Instal [SB1646 Detail]
Download: Texas-2011-SB1646-Introduced.html
By: Uresti | S.B. No. 1646 | |
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relating to the powers and duties of a defense base management | ||
authority. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. | ||
SUBCHAPTER O. DEFENSE ADJUSTMENT MANAGEMENT AUTHORITY | ||
Sec. 375.301. LEGISLATIVE FINDINGS; PURPOSES. (a) The | ||
legislature finds that: | ||
(1) the closure of certain defense bases has had a | ||
negative impact on the economic development of the areas within the | ||
former defense bases and the areas in the general vicinity of the | ||
former defense bases and that the creation of the specific type of | ||
authority provided for in this subchapter is essential to | ||
accomplish the purposes of Sections 52 and 52-a, Article III, and | ||
Section 59, Article XVI, Texas Constitution; | ||
(2) it is an appropriate role for a municipality to | ||
foster economic opportunity, job generation, and capital | ||
investment by promoting a favorable business climate, preparing the | ||
workforce for productive employment, and supporting infrastructure | ||
development in areas around defense bases that are intended to be | ||
annexed by the municipality; and | ||
(3) the programs designed to create a competent and | ||
qualified workforce are essential both to the economic growth and | ||
vitality of many municipalities in this state and to the | ||
elimination of unemployment and underemployment in those | ||
municipalities. | ||
(b) The programs authorized by this subchapter are in the | ||
public interest, promote the economic welfare of this state, and | ||
serve the public purpose of developing and diversifying the economy | ||
of this state and of eliminating unemployment and underemployment | ||
in this state. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Sec. 375.302. CONSTRUCTION OF SUBCHAPTER. (a) This | ||
subchapter shall be liberally construed in conformity with the | ||
findings and purposes stated in Section 375.301. | ||
(b) Except as provided by this subchapter, the other | ||
provisions of this chapter apply to an authority created under this | ||
subchapter. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Sec. 375.303. DEFINITIONS. In this subchapter: | ||
(1) "Authority" means a defense adjustment management | ||
authority created under this subchapter. | ||
(2) "Eligible project" means a program authorized by | ||
Section 379A.051 and a project as defined by Section 501.002 and | ||
Sections 505.151-505.156. Notwithstanding this definition, | ||
seeking a charter for or operating an open-enrollment charter | ||
school authorized by Subchapter D, Chapter 12, Education Code, | ||
shall not be an eligible project. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Amended by: Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.22, eff. | ||
April 1, 2009. | ||
Sec. 375.304. ELIGIBILITY FOR CREATION BY MUNICIPALITY. | ||
(a) The governing body of a municipality by resolution or ordinance | ||
may create an authority in an area that is: | ||
(1) in the same county as a military installation or | ||
facility that is: | ||
(A) closed or realigned under the Defense Base | ||
Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note) | ||
and its subsequent amendments; or | ||
(B) a base efficiency project as defined by | ||
Section 379B.001; and | ||
(2) in an area that has been annexed or disannexed for | ||
full or limited purposes under Subchapter F, Chapter 43, by a | ||
municipality with a population of at least |
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the extraterritorial jurisdiction of a municipality with a | ||
population of at least |
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for limited purposes by the municipality under Subchapter F, | ||
Chapter 43. | ||
(b) Subchapter B and Sections 375.041 and 375.042 do not | ||
apply to this subchapter. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Amended by: Acts 2005, 79th Leg., Ch. 334, Sec. 1, eff. June 17, | ||
2005. | ||
Sec. 375.305. HEARING ON CREATION OF AUTHORITY. (a) Not | ||
earlier than the 60th day or later than the 30th day before the date | ||
the governing body of the municipality creates the authority, the | ||
governing body of the municipality shall hold two public hearings | ||
to consider the creation of the proposed authority. The | ||
municipality must publish notice of each public hearing in a | ||
newspaper of general circulation in the area of the proposed | ||
authority at least seven days before each public hearing. | ||
(b) The notice required by Subsection (a) must state: | ||
(1) the name of the proposed authority; | ||
(2) the date, time, and place for the public hearing; | ||
(3) the boundaries of the proposed authority, | ||
including a map of the proposed authority; and | ||
(4) the powers of the proposed authority, including | ||
the power to levy assessments and to impose a sales and use tax. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Amended by: Acts 2005, 79th Leg., Ch. 334, Sec. 2, eff. June 17, | ||
2005. | ||
Sec. 375.306. BOARD OF DIRECTORS. (a) The board consists | ||
of 15 directors. | ||
(b) The municipality shall appoint six members of the board. | ||
(c) The county in which the municipality is primarily | ||
located shall appoint six members of the board. | ||
(d) School districts whose boundaries overlap with an | ||
authority by 5,000 or more acres shall collectively appoint three | ||
members of the board. | ||
(e) Except for the presiding officer, directors are | ||
appointed for terms of two years. Terms of directors may be | ||
staggered, and directors may serve successive terms. | ||
(f) A vacancy on the board is filled for the unexpired term | ||
by the governing body of the entity that appointed the director who | ||
served in the vacant position. | ||
(g) The mayor of the municipality and the county judge of | ||
the county in which the authority is primarily located shall, | ||
alternately, appoint one director to serve as presiding officer, | ||
with the first appointment to be made by the mayor of the | ||
municipality. The presiding officers shall serve for a term of four | ||
years beginning on January 1 of the year following the appointment. | ||
The board may elect an assistant presiding officer to preside in the | ||
absence of the presiding officer or when there is a vacancy in that | ||
office. The board may elect other officers as it considers | ||
appropriate. | ||
(h) Sections 375.061, 375.066, and 375.068 and the | ||
limitations of Section 375.072(c) do not apply to this subchapter. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Amended by: Acts 2005, 79th Leg., Ch. 334, Sec. 3, eff. June 17, | ||
2005. | ||
Sec. 375.307. QUALIFICATIONS OF DIRECTORS. (a) Except as | ||
provided by Subsection (b), a majority of the directors of an | ||
authority must meet the qualifications of Section 375.063. | ||
(b) Representatives or agents of a school district whose | ||
boundaries overlap with an authority or of an institution of higher | ||
education that operates facilities within an authority may serve on | ||
the board. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Sec. 375.308. POWERS OF THE AUTHORITY; MUNICIPALITY. (a) | ||
An authority: | ||
(1) may plan, design, implement, develop, construct, | ||
and finance eligible projects as defined in this subchapter; and | ||
(2) has the powers of a municipality under Chapter | ||
378, as added by Chapter 1221, Acts of the 76th Legislature, Regular | ||
Session, 1999, and Chapter 380. | ||
(b) An authority may not: | ||
(1) issue bonds or notes without the prior approval of | ||
the governing body of the municipality that created the authority; | ||
(2) seek a charter for or operate, within the | ||
boundaries of the authority, an open-enrollment charter school | ||
authorized by Subchapter D, Chapter 12, Education Code; or | ||
(3) levy ad valorem property taxes. | ||
(c) A municipality may not seek a charter for or operate an | ||
open-enrollment charter school authorized by Subchapter D, Chapter | ||
12, Education Code, within the boundaries of the authority. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Sec. 375.3085. ANNEXATION OR DISANNEXATION. (a) The board | ||
may vote to annex or disannex territory to an authority. | ||
(b) Not earlier than the 60th or later than the 30th day | ||
before the date the board votes on the annexation or disannexation, | ||
the board shall hold two public hearings to consider the annexation | ||
or disannexation. The board must publish notice of each public | ||
hearing in a newspaper of general circulation in the area of the | ||
proposed annexed or disannexed territory at least seven days before | ||
each public hearing. | ||
(c) The notice must state: | ||
(1) the date, time, and place for the public hearing; | ||
and | ||
(2) the amended boundaries of the authority, including | ||
a map of the proposed annexation or disannexation of territory in | ||
the authority. | ||
(d) If the board approves the proposed annexation or | ||
disannexation, the board shall submit the action to the governing | ||
body of the municipality for approval. The annexation or | ||
disannexation takes effect on the date the governing body of the | ||
municipality approves the annexation or disannexation by | ||
ordinance. | ||
(e) Section 375.043 does not apply to the authority. | ||
Added by Acts 2005, 79th Leg., Ch. 334, Sec. 4, eff. June 17, 2005. | ||
Sec. 375.309. MUNICIPAL ANNEXATION OF AREA IN AN AUTHORITY. | ||
(a) A municipality that creates an authority under this subchapter | ||
may annex all or part of the territory located in the authority | ||
under Chapter 43. | ||
(b) Annexation of territory located in the authority does | ||
not affect the operation of the authority. | ||
(c) Creation of an authority does not: | ||
(1) affect the power of the municipality to designate | ||
all or part of an area in the authority as an industrial authority; | ||
(2) limit a power of the municipality conferred by | ||
Chapter 42; or | ||
(3) impose a duty on or affect the power of the | ||
municipality to provide municipal services to any area in the | ||
municipality or its extraterritorial jurisdiction that is in the | ||
authority. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Sec. 375.310. AUTHORITY PLAN. (a) An authority may only | ||
develop or construct public improvements or eligible projects in | ||
areas designated in an authority plan approved by the board and the | ||
governing body of the municipality that created the authority. | ||
(b) The plan must include the information required for a | ||
municipal reinvestment zone under Sections 311.011(b) and (c), Tax | ||
Code, for the area of the authority. For the purposes of applying | ||
those sections, the area of the authority affected constitutes a | ||
zone. | ||
(c) The authority shall generate the plan based on the | ||
economic development needs of the property owners and constituents | ||
in the authority. | ||
(d) After approval by the board, the authority shall submit | ||
the plan to the municipality for approval. Before taking action to | ||
approve or reject the plan, the municipality shall make a copy of | ||
the proposed plan available to the public and hold hearings and | ||
publish notice of the hearings in the manner required by Section | ||
375.305. The notice of the public hearings must state where a copy | ||
of the proposed plan is available for inspection. | ||
(e) The board may amend and submit the approved plan to the | ||
governing body of the municipality for approval. | ||
(f) Before approving the authority's plan or any amendment, | ||
the municipality shall publish notice and hold hearings as required | ||
by Subsection (d). | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Amended by: Acts 2005, 79th Leg., Ch. 334, Sec. 5, eff. June 17, | ||
2005. | ||
Sec. 375.311. SALES AND USE TAX. (a) An authority may | ||
impose a sales and use tax to support or finance public | ||
infrastructure projects and eligible projects authorized under | ||
this subchapter if the tax is authorized by a majority of the | ||
qualified voters of the authority voting at an election held for | ||
that purpose in the manner provided by Sections 375.241 and | ||
375.242. | ||
(b) If an authority adopts the tax authorized by Subsection | ||
(a), a tax is imposed on the receipts from the sale at retail of | ||
taxable items within the authority at the rate approved by the | ||
voters. The rate must be equal to one-eighth, one-fourth, | ||
three-eighths, or one-half of one percent. | ||
(c) Chapter 321, Tax Code, governs the imposition, | ||
computation, administration, governance, and abolition of a tax | ||
imposed under this section. | ||
(d) If any territory in the authority is annexed by the | ||
municipality, the municipality's sales and use tax applies in the | ||
annexed area. If the authority's sales and use tax rate, when | ||
combined with any other sales and use tax applicable in the | ||
authority, exceeds two percent, the authority's sales and use tax | ||
is abolished upon annexation. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Sec. 375.312. ZONING AND PLANNING. (a) An authority has | ||
the power of a municipality under Chapters 211 and 212 in the area | ||
of the authority, including an area of the authority that is in the | ||
boundaries of a municipality's limited purpose jurisdiction. On | ||
annexation of an area of the authority for full purposes by a | ||
municipality, the authority's power to regulate the area under | ||
Chapter 211 or 212 expires. The authority regains the power in an | ||
area if the municipality disannexes the area. | ||
(b) The board may divide the authority into distinct areas | ||
as provided by Section 211.005 to accomplish the purposes of this | ||
chapter and Chapter 211. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Amended by: Acts 2005, 79th Leg., Ch. 334, Sec. 6, eff. June 17, | ||
2005. | ||
Sec. 375.313. REGIONAL DEVELOPMENT AGREEMENTS. (a) An | ||
authority may enter into regional development agreements with its | ||
creating municipality, other municipalities, counties, school | ||
districts, institutions of higher education, other political | ||
subdivisions, and private interests to: | ||
(1) promote and advance long-term economic | ||
development in the authority; or | ||
(2) achieve the purposes for the authority's creation | ||
and to implement the powers provided to the authority under this | ||
chapter. | ||
(b) An authority, a municipality, a school district whose | ||
boundary overlaps with a portion of an authority, or an institution | ||
of higher education may enter into an agreement to: | ||
(1) fund improvements to school facilities and teacher | ||
compensation of school districts or institutions of higher | ||
education in the authority; and | ||
(2) develop programs provided for in Section 379A.051. | ||
(c) Any agreement entered into with a school district under | ||
this section shall be designed in such a way that the school | ||
district funding under Title 2, Education Code, shall be not less | ||
than the school district would have received had the school | ||
district not entered into the agreement. This provision may be | ||
waived by a school district board of trustees by specific action | ||
suspending the provisions of this subsection. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
Sec. 375.314. DISSOLUTION OF THE AUTHORITY. (a) The | ||
governing body of the municipality that created an authority under | ||
this subchapter may dissolve the authority. | ||
(b) Before dissolution, the municipality shall publish | ||
notice and hold public hearings on the proposed dissolution in the | ||
manner provided in Section 375.305. | ||
(c) On dissolution, the municipality shall assume the | ||
assets, debts, and other obligations of the authority. | ||
(d) Subchapter M does not apply to this subchapter. | ||
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |