CHAPTER 2309. NATIONAL DEFENSE IMPACTED REGION ASSISTANCE
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING BOTH STATE
AND LOCAL GOVERNMENTS
CHAPTER 2309. NATIONAL DEFENSE IMPACTED REGION ASSISTANCE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2309.001. SHORT TITLE. This chapter may be cited as the
National Defense Impacted Region Assistance Act.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.
1, 1995.
Sec. 2309.002. PURPOSE; FINDINGS. (a) The purpose of this
chapter is to provide significant state financial assistance to
an impacted region so that a governmental entity in the impacted
region may better serve the people of the region, including the
assigned military personnel, by ensuring the adequate provision
of government services.
(b) The legislature finds that the construction and operation of
a significant new naval military facility in the state provides
substantial financial benefit to the state and that the state is
better protected in the event of enemy attack.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.
1, 1995.
Sec. 2309.003. DEFINITIONS. In this chapter:
(1) "Fund" means the Texas home port trust fund.
(2) "Impacted region" means a county:
(A) in which a significant new naval military facility is
located; or
(B) that has a common boundary with a county in which the
facility is located.
(3) "Significant new naval military facility" means a new United
States Navy installation or an addition and expansion of an
existing naval installation that involves:
(A) the acquisition of at least 60 acres of land;
(B) the construction of facilities and improvements that have a
cost of at least $65 million; and
(C) the assignment of the facility as the home port of at least
2,000 additional active duty members of the armed forces.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.
1, 1995.
SUBCHAPTER B. FUND
Sec. 2309.021. FUND ADMINISTRATION. (a) The Texas home port
trust fund is administered by the comptroller and may be paid
only on written authorization of the governor.
(b) Before authorizing the use of money under this section, the
governor shall notify the speaker of the house, the lieutenant
governor, and the comptroller of the proposed authorizations and
shall consider their recommendations and requests.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.
1, 1995. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.77,
eff. Sept. 1, 1997.
Sec. 2309.022. FUND PAYMENTS. Payments may be made from the
fund to a navigation district or to any other political
subdivision, as determined by the governor to be appropriate, to
be used only to:
(1) make a public works improvement, including docks, dredging,
bulkheads, and utilities, related to the naval facility; or
(2) provide a permanent berthing location for a United States
Navy aircraft carrier.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.
1, 1995.
Sec. 2309.023. IMPROVEMENT MADE WITH FUND PAYMENT. (a) An
improvement made with funds authorized under Section 2309.022(1)
must be of a nature that would benefit the state if the facility
were not used as a military installation.
(b) The improvement may be leased to the United States
government, but ownership of the improvement remains with the
state, the navigation district, or the political subdivision.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.
1, 1995.
Sec. 2309.024. INTEREST ON FUND. Interest earned by the fund
shall be deposited to the credit of the general revenue fund.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.
1, 1995.
Sec. 2309.025. LAPSE OF FUND. The fund lapses on the fourth
anniversary of the date on which construction begins. At that
time, any balance remaining in the fund shall be deposited to the
credit of the general revenue fund.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.
1, 1995.
SUBCHAPTER C. GOVERNOR'S PROCLAMATION
Sec. 2309.041. GOVERNOR'S PROCLAMATION. When the Department of
the Navy of the United States Department of Defense makes a final
determination to locate a significant new naval military facility
in this state, the governor shall issue an official proclamation
declaring that determination.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.
1, 1995.