2005 Texas Special Districts Code CHAPTER 3501. LUBBOCK REESE REDEVELOPMENT AUTHORITY

SPECIAL DISTRICT LOCAL LAWS CODE

SUBTITLE B. DEFENSE BASE DEVELOPMENT

CHAPTER 3501. LUBBOCK REESE REDEVELOPMENT AUTHORITY

SUBCHAPTER A. GENERAL PROVISIONS


	§ 3501.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Authority" means the Lubbock Reese Redevelopment 
Authority.           
		(2)  "Base property" means land described by Section 
3501.002(a), including any property used in connection with or 
comprising the former Reese Air Force Base.
		(3)  "Board" means the board of directors of the 
authority.                 

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.002. AUTHORITY TERRITORY.  (a) The authority's 
territory is that described by Section 13.10, Chapter 62, Acts of 
the 76th Legislature, Regular Session, 1999, enacting former 
Section 396.009, Local Government Code, and includes all other real 
property, related interests, including fee interests, perpetual 
and other easements, licenses, leases, and any other property used 
in connection with or comprising Reese Air Force Base and as may be 
shown by instruments recorded in the real property records of 
Lubbock and Terry counties.
	(b)  The authority's territory does not include property 
conveyed by the United States before June 17, 1997, as shown by 
instruments recorded in the real property records of Lubbock and 
Terry counties.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.003. PURPOSE AND NATURE OF AUTHORITY.  (a) The 
purpose of the authority is to undertake projects necessary or 
incidental to the industrial, commercial, or business development, 
redevelopment, maintenance, and expansion of new and existing 
businesses on the property, now or formerly known as Reese Air Force 
Base, described in Section 3501.002(a), including the acquisition, 
construction, operation, maintenance, enhancement, or disposal of:
		(1)  roads, bridges, and rights-of-way;                                       
		(2)  housing;                                                                 
		(3)  property;                                                                
		(4)  police, fire, medical, cultural, educational, and 
research services, equipment, institutions, and resources;
		(5)  other community support services;                                        
		(6)  flood control, water, wastewater treatment, and 
all other utility facilities;  and
		(7)  other infrastructure improvements.                                       
	(b)  The authority is a political subdivision of this state 
that exercises public and essential governmental functions.
	(c)  The exercise of a power this chapter grants is for a 
public purpose and is a matter of public necessity.
	(d)  The authority is a governmental unit under Chapter 101, 
Civil Practice and Remedies Code.  The operations of the authority 
are not proprietary functions for any purpose, including the 
application of Chapter 101, Civil Practice and Remedies Code.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.004. EXEMPTION FROM TAXATION.  The property, 
revenue, and income of the authority are exempt from a tax imposed 
by the state or a political subdivision of the state.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 3501.051. COMPOSITION OF BOARD.  (a) The board is 
composed of:          
		(1)  five directors appointed by the governing body of 
the City of Lubbock from a list of persons recommended by the board 
under this section;
		(2)  one director appointed by the commissioners court 
of Lubbock County from a list of persons recommended by the board 
under this section;  and
		(3)  one director appointed by the South Plains 
Association of Governments. 
	(b)  Before the term of a director appointed under Subsection 
(a)(1) or (a)(2) expires, the board, in consultation with the City 
of Lubbock or Lubbock County, as applicable, shall recommend to the 
governing body of the City of Lubbock or the commissioners court of 
Lubbock County, as applicable, a list of persons to serve on the 
succeeding board.  After reviewing the list of recommendations, the 
governing body of the City of Lubbock or the commissioners court of 
Lubbock County, as applicable, shall appoint the appropriate number 
of directors from the recommended persons, or request that the 
board provide additional recommendations.
	(c)  The governing body of the City of Lubbock, the 
commissioners court of Lubbock County, or the board, as 
appropriate, shall make recommendations and appointments to the 
board so that places on the board are occupied by persons with 
experience in:
		(1)  real estate;                                                             
		(2)  finance;                                                                 
		(3)  manufacturing;                                                           
		(4)  agriculture;  and                                                        
		(5)  general business.                                                        

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.  Amended 
by Acts 2005, 79th Leg., ch. 423, § 1, eff. June 17, 2005.


	§ 3501.052. TERM;  VACANCIES.  (a) A director serves a 
term of four years.  A director appointed to fill a vacancy for an 
unexpired term shall serve for the remainder of that term only.
	(b)  A vacancy on the board is filled in the same manner as 
the original appointment.
	(c)  A director may be appointed as the director's own 
successor for not more than one term.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.053. OFFICERS.  (a) The board shall elect from its 
membership a president and a vice president.
	(b)  The vice president shall preside in the absence of the 
president.       

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.054. EMPLOYEES.  The board may employ and 
compensate persons to carry out the powers and duties of the 
authority.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.055. RULES FOR PROCEEDINGS.  The board shall adopt 
rules for its proceedings.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   

SUBCHAPTER C. POWERS AND DUTIES


	§ 3501.101. AUTHORITY OF BOARD.  The board shall manage, 
control, and operate the authority.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.102. GENERAL POWERS AND DUTIES.  (a) The authority 
may accept title, on approval by and in coordination with the 
governor, from the United States to all or any portion of the base 
property.
	(b)  The authority may exercise, on approval by and in 
coordination with the governor, any power necessary or convenient 
to accomplish a purpose of this chapter, including the power to:
		(1)  sue and be sued, and plead and be impleaded, in its 
own name;          
		(2)  adopt an official seal;                                                  
		(3)  adopt and enforce bylaws and rules for the conduct 
of its affairs;     
		(4)  acquire, hold, own, and dispose of its revenue, 
income, receipts, and money from any source;
		(5)  select its depository;                                                   
		(6)  establish its fiscal year;                                               
		(7)  adopt an annual operating budget for all major 
expenditures before the beginning of the fiscal year;
		(8)  establish a system of accounts for the authority;                        
		(9)  invest its money in accordance with Chapter 2256, 
Government Code;     
		(10)  acquire, hold, own, use, rent, lease, or dispose 
of any property, including a license, patent, right, right-of-way, 
easement, and other interest in property, by purchase, exchange, 
gift, assignment, condemnation, lease, sale, or any other means, to 
perform a duty or to exercise a power under this chapter;
		(11)  manage, operate, or improve that property, to 
perform a duty or to exercise a power under this chapter;
		(12)  sell, assign, lease, encumber, mortgage, or 
otherwise dispose of any base property, or any interest in that 
property, release or relinquish any right, title, claim, lien, 
interest, easement, or demand, however acquired, and, 
notwithstanding any other law, conduct any transaction authorized 
by this subdivision by public or private sale;
		(13)  lease or rent any land, buildings, structures, or 
facilities located on the base property to any person to accomplish 
the purposes of this chapter;
		(14)  request and accept any appropriation, grant, 
allocation, subsidy, guarantee, aid, service, labor, material, 
gift, or money from any source, including the federal government, 
the state, a public agency, and a political subdivision;
		(15)  maintain an office;                                                     
		(16)  appoint and determine the duties, tenure, 
qualifications, compensation, and removal 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;
		(17)  borrow money as necessary to acquire, improve, or 
operate a facility on the base property, not to exceed the amount 
determined by the governing body of the City of Lubbock;
		(18)  establish, impose, and collect rents, rates, 
fees, and charges for its facilities and services;  and
		(19)  exercise the powers Chapter 380, Local Government 
Code, grants to a municipality for expansion of economic 
development and commercial activity.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.103. UTILITIES.  (a) As may be necessary and 
appropriate to accomplish the purposes for which the authority was 
established, the authority may exercise those powers granted to 
general law districts by Chapter 49, Water Code, and granted to 
municipal utility districts by Chapter 54, Water Code, may provide 
all other utility services that may be provided by an electric, gas, 
or water utility on an immediate basis without the need for state 
regulatory approval, and without restriction, may delegate those 
powers and the provision of those services to a neighboring 
municipality, a municipally owned utility, a cooperative 
corporation, or other utility provider.
	(b)  The authority shall continue to be served by the 
provider, as of September 1, 1999, of electricity and related 
services to the authority until the authority delegates the 
provision of electric services under Subsection (a).
	(c)  A delegation under Subsection (a) of a power related to 
electric service and the provision of electric services may be made 
only to an electric utility provider that agrees to upgrade the 
electrical system infrastructure so that the authority can 
accomplish its purpose.  The authority shall determine the criteria 
to be used for determining the level of infrastructure improvements 
necessary to encourage the expansion of economic development and 
commercial activity.  The authority may delegate the provision of 
electric services without state regulatory approval.
	(d)  The authority may contract to convey the property 
related to the supply and distribution of electrical power in the 
authority's territory to an electric utility provider that requires 
the conveyance as a condition of making an upgrade prescribed by 
Subsection (c).

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.104. SECURITY FOR COSTS OR BOND NOT REQUIRED.  In a 
suit, the authority may not be required to give security for costs 
or a supersedeas or cost bond in an appeal from a judgment.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.105. ADVISORY BOARDS.  The board may appoint 
advisory boards to assist the board in administering this chapter.

Added by Acts 2005, 79th Leg., ch. 423, § 2, eff. June 17, 2005.           


	§ 3501.106. REVENUE BONDS.  The authority may issue for 
any authority purpose bonds or other obligations payable from any 
source of authority revenue.  The authority may issue a bond or 
other obligation in the form of a bond, note, certificate of 
participation or other instrument evidencing a proportionate 
interest in payments to be made by the authority, or other type of 
obligation.

Added by Acts 2005, 79th Leg., ch. 423, § 2, eff. June 17, 2005.           

SUBCHAPTER D. DISSOLUTION


	§ 3501.151. LEGISLATIVE INTENT.  The legislature intends 
that the authority be dissolved after conveyance and sale of all of 
the base property.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3501.152. DUTY TO DISSOLVE.  (a) The authority shall be 
dissolved on approval of the City of Lubbock and Lubbock County:
		(1)  when all the functions of the authority are 
performed and completed;  and
		(2)  after all debts or obligations have been satisfied 
or retired with the assets of the authority.
	(b)  On dissolution, any remaining assets of the authority 
shall be conveyed or transferred to the City of Lubbock and Lubbock 
County in proportion to any initial contribution of money made.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.