S.B. No. 1295




AN ACT
relating to providing financial assistance to defense communities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 481, Government Code, is amended by adding Subchapter DD to read as follows:
SUBCHAPTER DD. DEFENSE COMMUNITY ASSISTANCE
Sec. 481.501. DEFINITIONS. In this subchapter: (1) "Defense base" means a federally owned or operated military installation, facility, or mission that is functioning on June 1, 2003. (2) "Defense community" means a political subdivision, including a municipality, county, defense base development authority, or special district, that is adjacent to, is near, or encompasses any part of a defense base. (3) "Office" means the Office of Defense Affairs. Sec. 481.502. FINANCIAL ASSISTANCE. (a) The office, in coordination with the Texas Strategic Military Planning Commission, shall assist defense communities in obtaining financing for economic development projects that seek to address future realignment or closure of a defense base that is in, adjacent to, or near the defense community. The office and the commission shall refer the defense community to: (1) a local economic development corporation created under the Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes) for possible financing; or (2) an appropriate state agency that has an existing program to provide financing for the project, including: (A) the Texas Water Development Board; or (B) the Texas Department of Transportation. (b) A state agency making a loan to a defense community under this section shall evaluate the project and determine whether the project may be financed through the agency's program. The state agency has sole discretion on whether to finance the project. (c) In reviewing applications for financing from defense communities, state agencies shall consider the office's priority for the project. The office shall maintain a record of each loan granted to a defense community that includes the amount of the loan, the agency making the loan, and a description of the project. The office shall submit to the state agencies a priority list of economic development projects under this subsection that totals not more than $150 million. This subsection expires December 31, 2006. Sec. 481.503. MEMORANDUM OF UNDERSTANDING. The office shall enter into a memorandum of understanding with each state agency that has a program to fund economic development projects for defense communities. The memorandum of understanding shall include each agency's responsibilities in granting and administering a loan to a defense community. Sec. 481.504. SECURITY FOR LOANS. In addition to any other security provided by law, if a defense community defaults on a loan, a state agency making a loan to the defense community for a project described by Section 481.502(a) may foreclose under a loan agreement in the manner provided by law for foreclosure and liquidate any collateral provided under the loan agreement to recover any outstanding debt. 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, 2003.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 1295 passed the Senate on May 8, 2003, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendment on May 29, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1295 passed the House, with amendment, on May 25, 2003, by the following vote: Yeas 117, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor