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2005 Texas Local Government Code CHAPTER 396. REDEVELOPMENT AUTHORITIES CREATED BY MORE THAN ONE POLITICAL SUBDIVISION
LOCAL GOVERNMENT CODE CHAPTER 396. REDEVELOPMENT AUTHORITIES CREATED BY MORE THAN ONE POLITICAL SUBDIVISION SUBCHAPTER C. RED RIVER REDEVELOPMENT AUTHORITY § 396.061. DEFINITIONS.Text of section effective until April 1, 2007 In this subchapter: (1) "Authority" means the Red River Redevelopment Authority. (2) "Board" means the board of directors of the authority. (3) "County" means Bowie County. (4) "Eligible municipality" includes only the cities of Texarkana, New Boston, Hooks, Nash, Wake Village, Leary, Redwater, Maud, DeKalb, and Red Lick. (5) "Property" means land, improvements, and personal property described in Section 396.0621. Added by Acts 1999, 76th Leg., ch. 62, § 13.10(a), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1276, § 12.007(a), eff. Sept. 1, 2003. § 396.062. ESTABLISHMENT.Text of section effective until April 1, 2007 (a) The creation, establishment, and organization of the authority are validated, ratified, approved, and confirmed. The boundaries of the authority are the same as the boundaries of the real property described in Section 396.0621. The boundaries of the authority may be expanded from time to time as additional real property, if any, is conveyed to the authority by the United States of America. (b) The authority is a governmental agency, a body politic and corporate, and a political subdivision of this state. (c) For all purposes, including the application of Chapter 101, Civil Practice and Remedies Code, the authority is a unit of government and the operations of the authority are considered to be essential governmental functions and not proprietary functions. (d) The authority is subject to Chapters 551 and 552, Government Code. (e) The authority may issue revenue bonds. If bonds are issued under this section for a water or sewer project, the authority shall issue the bonds in accordance with Sections 54.502 and 54.503, Water Code. (f) The authority is subject to the regulatory authority of the state or any agencies of the state to the same extent as a municipal corporation. Added by Acts 1999, 76th Leg., ch. 62, § 13.10(a), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 387, § 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1276, § 12.007(a), eff. Sept. 1, 2003. § 396.0621. AUTHORITY TERRITORY.Text of section effective until April 1, 2007 The authority is composed of that territory described by Section 8A, Chapter 831, Acts of the 75th Legislature, Regular Session, 1997, as added by Section 5, Chapter 1312, Acts of the 76th Legislature, Regular Session, 1999, and as that territory may have been modified under this subchapter or other law. Added by Acts 2003, 78th Leg., ch. 387, § 2, eff. June 18, 2003. § 396.0622. EXPANSION OF AUTHORITY TERRITORY.Text of section effective until April 1, 2007 The authority boundaries may be expanded from time to time as additional real property, if any, is conveyed to the authority by the United States or as additional counties or municipalities approve annexations. Added by Acts 2003, 78th Leg., ch. 387, § 2, eff. June 18, 2003. § 396.063. BOARD.Text of section effective until April 1, 2007 (a) The board consists of 15 members and is responsible for the management, operation, and control of the authority. (b) The board is composed of the following members: (1) two members appointed by the county judge of the county; (2) one member appointed by the commissioners court of the county; (3) three members appointed by the mayor of Texarkana; (4) one member appointed by the mayor of New Boston; (5) one member appointed by the mayor of Hooks; (6) one member appointed by the mayor of Nash; (7) one member appointed by the mayor of Wake Village; (8) one member appointed by the mayor of Leary; (9) one member appointed by the mayor of Redwater; (10) one member appointed by the mayor of Maud; (11) one member appointed by the mayor of DeKalb; and (12) one member appointed by the mayor of Red Lick. (c) A vacancy on the board is filled in the same manner as the original appointment. Each board member serves for a term of two years. (d) A board member who is also an elected official serves for a term coinciding with the term of the elected office. (e) The board by rule or resolution may provide for the appointment of members of the board in alternate years and may determine the number and manner of deciding which members shall be appointed in odd-numbered years and which shall be appointed in even-numbered years. (f) The board shall elect from its membership a president and a vice president. The vice president shall preside in the absence of the president. (g) The board shall adopt rules to govern its proceedings. (h) The board may employ persons to carry out the powers and duties of the authority. (i) A board member may be recalled at any time by the appointing official. (j) A board member is not entitled to compensation for service on the board but is entitled to be reimbursed for necessary expenses incurred in carrying out the duties and responsibilities of a board member. (k) A position on the board may not be construed to be a civil office of emolument for any purpose, including those purposes described in Section 40, Article XVI, Texas Constitution. Elected officials of the county and cities may serve on the board without penalty or forfeiture of office. In the event of any conflict between this section and any provision of statutory or common law that would in any way prevent the elected officials from serving on the board, the provisions of this section shall prevail and be given effect. A conflict of interest, under either statutory or common law, for any board member regarding a particular matter to come before the board, is governed by Chapter 171, Local Government Code. Added by Acts 1999, 76th Leg., ch. 62, § 13.10(a), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1276, § 12.007(c), eff. Sept. 1, 2003. § 396.064. PURPOSE.Text of section effective until April 1, 2007 (a) The authority is created to: (1) accept 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 396.0621. The property shall 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, now or in the future, of the authority; (2) promote the location and development of new businesses, industries, and commercial activities within or related to the property; and (3) undertake a project determined by the board to be necessary or incidental to the industrial, commercial, or business development, redevelopment, maintenance, and expansion of new or existing businesses on and for the property described in Section 396.0621, including the acquisition, construction, operation, maintenance, repair, rehabilitation, replacement, improvement, extension, expansion, and enhancement of any of that property, including: (A) roads, bridges, and rights-of-way; (B) housing; (C) property; (D) police, fire, medical, cultural, educational, and research services, equipment, institutions, and resources; (E) other community support services; (F) flood control, water, wastewater treatment, natural gas, electricity, solid waste disposal, steam generation, communications, and other utility facilities and services; (G) other infrastructure improvements; and (H) any other services or facilities acquired by the authority from the United States of America. (b) The creation of the authority is necessary to promote, develop, encourage, and maintain employment, commerce, economic development, and the public welfare and to conserve the natural resources of the state and is essential to accomplish the purposes of Sections 49-d, 52, and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, in an area previously established and developed by the United States government for military support purposes and no longer to be similarly maintained for those purposes by the federal government. Added by Acts 1999, 76th Leg., ch. 62, § 13.10(a), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1276, § 12.007(c), eff. Sept. 1, 2003. § 396.0641. ADDITIONAL PURPOSE.Text of section effective until April 1, 2007 The authority is created to exercise the powers granted to a conservation and reclamation district under Section 59, Article XVI, Texas Constitution. Added by Acts 2003, 78th Leg., ch. 387, § 3, eff. June 18, 2003. § 396.065. POWERS OF AUTHORITY.Text of section effective until April 1, 2007 (a) Except as provided by Subsection (c), the authority may exercise all powers, functions, authority, rights, and duties necessary or appropriate to carry out projects described by Section 396.064(a)(3) and the purposes of this subchapter, including the power to: (1) sue and be sued, and plead and be impleaded, in its own name; (2) adopt an official seal, and alter the seal when advisable; (3) adopt, enforce, and from time to time amend rules for the conduct of its affairs that are not inconsistent with this subchapter; (4) acquire, hold, own, pledge, and dispose of its revenues, income, receipts, funds, and money from every source and to select its depository; (5) acquire, own, rent, lease, accept, hold, or dispose of any or all property, or any interest in property, including rights or easements, in performing its duties and exercising its powers under this subchapter, by purchase, exchange, gift, assignment, sale, lease, or otherwise, and to hold, manage, operate, or improve the property; (6) sell, assign, lease, encumber, mortgage, or otherwise dispose of any or all property, or any interest in property, and release or relinquish any right, title, claim, lien, interest, easement, or demand, however acquired; (7) perform an activity authorized by Subdivision (6) by public or private sale, with or without public bidding, notwithstanding any other law; (8) lease or rent any lands and buildings, structures, or facilities from or to any person or municipality or other public agency or political subdivision to carry out the purposes of this subchapter; (9) request and accept any appropriations, grants, allocations, subsidies, guaranties, aid, contributions, services, labor, materials, gifts, or donations from the federal government, the state, any public agency or political subdivision, or any other source; (10) operate and maintain an office and appoint and determine the duties, tenure, qualifications, and compensation of officers, employees, agents, professional advisors and counselors, including financial consultants, accountants, attorneys, architects, engineers, appraisers, and financing experts, as considered necessary or advisable by the board; (11) borrow money and issue bonds, payable solely from all or any portion of any revenues of the authority, by resolution or order of the board and without the necessity of an election; (12) fix, revise, charge, and collect rents, rates, fees, and charges regarding the property and any services provided by the authority; (13) exercise the powers granted to municipalities under Chapters 373 and 380 for the development of housing and expansion of economic development and commercial activity; (14) exercise the powers granted to general-law districts under Chapter 49, Water Code, and to municipal utility districts under Chapter 54, Water Code; (15) exercise the powers granted to road utility districts under Chapter 441, Transportation Code; (16) exercise the powers granted to municipalities and counties under Subchapter C, Chapter 271; (17) exercise those powers granted to municipalities in Chapter 402 for the provision of municipal utilities; (18) contract and be contracted with, in the authority's own name, any person or entity in the performance of any of the authority's powers or duties, to carry out projects described by Section 396.064(a)(3), or to effectuate the purposes of this subchapter, for a period of years, on the terms and conditions and by competitive bidding or by negotiated contract, all as deemed by the board to be appropriate, desirable, and in the best interests of the authority and the accomplishment of the purposes of this subchapter; and (19) to acquire, hold, own, sell, assign, lease, encumber, mortgage, or otherwise dispose of any real, personal, or mixed property located outside the perimeter of the property described in Section 396.0621 if that other property enhances or facilitates the development, redevelopment, maintenance, or expansion of new and existing businesses, industry, or commercial activity on the property. (b) To the extent the general laws may be inconsistent or in conflict with this subchapter, the provisions of this subchapter shall prevail. It is further the intent of the legislature that the authority shall have all the power and authority necessary to fully qualify and gain the benefits of all laws that are in any way helpful in carrying out the purposes for which the authority is created, and the provisions of those laws of which the authority may lawfully avail itself are adopted by this reference and made applicable to the authority to the extent they do not conflict with this subchapter. (c) Repealed by Acts 2003, 78th Leg., ch. 387, § 5(a). Added by Acts 1999, 76th Leg., ch. 62, § 13.10(a), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 387, § 5(a), eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1276, § 12.007(c), eff. Sept. 1, 2003. § 396.066. EXEMPTION FROM TAXATION.Text of section effective until April 1, 2007 The properties, revenues, and income of the authority are exempt from all taxes levied by the state or a political subdivision of the state. Added by Acts 1999, 76th Leg., ch. 62, § 13.10(a), eff. Sept. 1, 1999. § 396.067. DISSOLUTION.Text of section effective until April 1, 2007 (a) The authority may be dissolved by the board on approval of each eligible municipality and the county after all debts or obligations have been satisfied or retired. It is the intent of the legislature that the authority be dissolved, with the approval of the cities and county governing bodies, after conveyance and sale of all of the property. (b) Assets of the authority remaining after all debts or obligations have been satisfied are to be conveyed or transferred to the county. Added by Acts 1999, 76th Leg., ch. 62, § 13.10(a), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1276, § 12.007(d), eff. Sept. 1, 2003. § 396.068. SUCCESSOR.Text of section effective until April 1, 2007. (a) The authority is the successor in interest to the Red River Local Redevelopment Authority, a planning authority organized under the county and recognized by the United States Department of the Army, and succeeds to all rights and liabilities of the Red River Local Redevelopment Authority. (b) Bowie County may transfer to the authority by deed, bill of sale, or otherwise, all assets, including personal and real property, accumulated or acquired from, or with funds provided by, the United States Department of the Army or this state for the development, redevelopment, maintenance, or expansion of the property, together with any unexpended funds made available for those purposes by the United States Department of the Army or this state. The transfer of assets shall be made without the requirement of public notice or bidding. Except as otherwise provided by law, this subsection does not authorize the transfer of public funds of Bowie County other than the funds described by this subsection. Added by Acts 1999, 76th Leg., ch. 62, § 13.10(a), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1276, § 12.007(e), eff. Sept. 1, 2003. § 396.069. GENERAL POWERS.Text of section effective until April 1, 2007. The authority may acquire, purchase, construct, own, operate, maintain, repair, improve, or extend, lease, or sell on terms and conditions, including rentals or sale prices, on which the parties may agree, all works, improvements, facilities, plants, buildings, structures, equipment, and appliances and all property or any interest in related property that is incident to or necessary to carry out or perform an authority power. Added by Acts 2003, 78th Leg., ch. 387, § 4, eff. June 18, 2003. § 396.070. WATER, SEWER, AND NATURAL GAS PROJECTS; EMINENT DOMAIN.Text of section effective until April 1, 2007. (a) The authority may undertake a project under Section 396.064(a)(3) to develop water, sewer, and natural gas projects to benefit the authority. (b) The authority may exercise the power of eminent domain for a project under this section. Added by Acts 2003, 78th Leg., ch. 387, § 4, eff. June 18, 2003. § 396.071. REGIONAL WASTE DISPOSAL.Text of section effective until April 1, 2007. The authority may exercise the powers granted a district under Chapter 30, Water Code. Added by Acts 2003, 78th Leg., ch. 387, § 4, eff. June 18, 2003. § 396.072. WASTE WATER AND SEWAGE.Text of section effective until April 1, 2007 The authority may provide for the collection, transmission, treatment, disposal, and control of municipal, domestic, industrial, and commercial waste water and sewage. Added by Acts 2003, 78th Leg., ch. 387, § 4, eff. June 18, 2003. § 396.073. OTHER WATER POWERS.Text of section effective until April 1, 2007 The authority may provide for the construction, storage, transmission, treatment, supply, and distribution of water for any useful purpose, including for a municipal, domestic, industrial, or commercial purpose. Added by Acts 2003, 78th Leg., ch. 387, § 4, eff. June 18, 2003. § 396.074. CONTRACTS.Text of section effective until April 1, 2007 The authority and all persons may contract with each other in any manner and on terms as to which the parties may agree regarding a power, facility, or service that the authority may exercise, provide, or finance. Added by Acts 2003, 78th Leg., ch. 387, § 4, eff. June 18, 2003. § 396.075. POWERS OF OTHER GOVERNMENTAL ENTITIES.Text of section effective until April 1, 2007 (a) As used in this section, "revenue" does not include revenue from ad valorem taxes imposed by a governmental entity or the proceeds from the sale or refunding of bonds of a governmental entity that are to be wholly or partially paid from ad valorem taxes imposed by the governmental entity unless the use or pledge of the tax revenue or bond proceeds are approved by the voters of the governmental entity at an election called for the purpose of imposing taxes or issuing or refunding bonds, or for the purpose of using or pledging their revenues or proceeds under contracts with the authority under this chapter. (b) Any governmental entity of this state may use and pledge any available revenue for and in the payment of an amount due under a contract entered into with the authority as an additional source of payment of the contracts or as the sole source of payment of the contracts, and may covenant with respect to available revenue to assure the availability of the revenue when required. (c) A governmental entity may charge a fee to any person for using a service or facility provided by a utility operated by the governmental entity and provided under a contract with the authority, including: (1) water charges; (2) sewage charges; (3) solid waste disposal system fees and charges, including garbage collection or handling fees; and (4) other fees or charges. (d) The governmental entity may use and pledge money collected under Subsection (c) to make a payment to the authority required under a contract with the authority and may covenant to do so in an amount sufficient to make a payment to the authority when due. A payment, if the parties agree in the contract, is an expense of operation of the facilities or utility operated by the governmental entity. Added by Acts 2003, 78th Leg., ch. 387, § 4, eff. June 18, 2003. § 396.076. BONDS.Text of section effective until April 1, 2007 (a) The authority may issue bonds for the acquisition, purchase, construction, maintenance, repair, improvement, and extension of works, improvements, facilities, plants, buildings, structures, appliances, and property to exercise a power granted under this subchapter. (b) The authority may issue revenue bonds to pay for the costs of feasibility studies for proposed authority projects, including projects regarding engineering, planning and design, and environmental studies. The authority may include in a revenue bond issue the funds to operate and maintain facilities acquired or constructed through the revenue bond issue for a period not to exceed two years after completion of the facility. (c) If any bonds issued by the authority recite that they are secured by a pledge of payments under a contract, a copy of the contract and the proceedings relating to the contract may be submitted to the attorney general along with the bonds, and if the attorney general finds that the bonds have been authorized and the contract was entered into in accordance with law, then the attorney general shall approve the bonds and the contract. (d) If bonds are issued under this section for a water or sewer project, the authority shall issue the bonds in accordance with Sections 54.502 and 54.503, Water Code. Added by Acts 2003, 78th Leg., ch. 387, § 4, eff. June 18, 2003. § 396.077. CONSTRUCTION WITH OTHER LAW.Text of section effective until April 1, 2007 (a) This subchapter provides sufficient authority for the issuance of bonds, the execution of contracts, and the performance of all other acts and procedures authorized in this subchapter for the authority and all other persons of this state, including other governmental entities of this state and including actions regarding other governmental entities and the United States, without reference to any other law or any restrictions or limitations contained in other law, except as provided in this subchapter. (b) To the extent of a conflict or inconsistency between this subchapter and another law, including a home-rule city charter, this subchapter prevails. (c) This subchapter does not limit the power of the authority and all persons, including other governmental entities, to use any other law not in conflict with this subchapter to the extent convenient or necessary to carry out a power, express or implied, granted by this subchapter. Added by Acts 2003, 78th Leg., ch. 387, § 4, eff. June 18, 2003.
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