CHAPTER 3501. LUBBOCK REESE REDEVELOPMENT AUTHORITY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE B. DEFENSE BASE DEVELOPMENT
CHAPTER 3501. LUBBOCK REESE REDEVELOPMENT AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 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, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch.
423, Sec. 1, eff. June 17, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 3501.055. RULES FOR PROCEEDINGS. The board shall adopt
rules for its proceedings.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3501.101. AUTHORITY OF BOARD. The board shall manage,
control, and operate the authority.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 2, eff. June 17, 2005.
Sec. 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, Sec. 2, eff. June 17, 2005.
SUBCHAPTER D. DISSOLUTION
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.