H.B. No. 3879
 
 
 
 
AN ACT
  relating to the powers and duties of defense base development
  authorities; modifying the power of eminent domain.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 379B, Local Government Code, is amended
  by adding Section 379B.0041 to read as follows:
         Sec. 379B.0041.  INLAND PORT AND TRADE POWERS.  (a)  The
  authority may establish and operate an inland port and related port
  facilities to engage in world trade.
         (b)  The authority may participate in national and
  international agreements advancing world trade at the port.
         SECTION 2.  Section 379B.0045, Local Government Code, is
  amended to read as follows:
         Sec. 379B.0045.  EMINENT DOMAIN.  (a)  An authority or an
  authority whose subject property is within the territorial limits
  of a municipality may exercise the power of eminent domain to
  acquire property in [or adjacent to] the base property or in an area
  surrounding the base only in the manner provided by Chapter 21,
  Property Code.
         (b)  Before the authority initiates an eminent domain
  proceeding to acquire property, the board must:
               (1)  adopt a master development and redevelopment plan
  for the property in [or adjacent to] the base property or in an area
  surrounding the base and incorporate and approve the plan as part of
  the master plan of the municipality in which the base property is
  located; and
               (2)  find, after conducting a public hearing, that:
                     (A)  notice of the hearing was published in a
  newspaper of general circulation in the municipality in which the
  base property is located not later than the 15th day before the date
  of the hearing;
                     (B)  the property lies in a redevelopment project
  designated under Section 379B.009 [378.009, as added by Chapter
  1221, Acts of the 76th Legislature, Regular Session, 1999]; and
                     (C)  the use of eminent domain is necessary to
  acquire the property to carry out the essential objectives of the
  master development and redevelopment plan as approved by the
  municipality.
         SECTION 3.  Chapter 379B, Local Government Code, is amended
  by adding Section 379B.0085 to read as follows:
         Sec. 379B.0085.  HEARINGS BY TELEPHONE OR SIMILAR MEANS.  
  (a)  As an exception to Chapter 551, Government Code, and other
  law, if the president or vice president of a board, or chairperson
  or vice chairperson of a board committee, is physically present at a
  meeting of the board or committee, any number of the other members
  of the board or committee may attend the meeting by use of telephone
  conference call, video conference call, or other similar
  telecommunication device.  This subsection applies for purposes of
  constituting a quorum, for purposes of voting, and for any other
  purpose allowing a board or committee member to otherwise fully
  participate in any board or committee meeting.  This subsection
  applies without exception with regard to the subject of the meeting
  or topics considered by the members.
         (b)  A meeting held by use of telephone conference call,
  video conference call, or other similar telecommunication device:
               (1)  is subject to the notice requirements applicable
  to other meetings;
               (2)  must specify in the notice of the meeting the
  location of the meeting at which the president, vice president,
  chairperson, or vice chairperson will be physically present;
               (3)  must be open to the public and audible to the
  public at the location specified in the notice of the meeting as the
  location of the meeting at which the president, vice president,
  chairperson, or vice chairperson will be physically present; and
               (4)  must provide two-way audio communication between
  all board or committee members attending the meeting during the
  entire meeting, and if the two-way audio communication link with
  any member attending the meeting is disrupted at any time, the
  meeting may not continue until the two-way audio communication link
  is reestablished.
         SECTION 4.  Subsection (a), Section 379B.009, Local
  Government Code, is amended to read as follows:
         (a)  The board may designate as a redevelopment project a
  project that relates to:
               (1)  the development of base property and the
  surrounding areas; or
               (2)  the development of property directly related to
  the purposes or goals of the authority [the development of a defense
  base in the territory of the municipality that established the
  authority and areas surrounding that base].
         SECTION 5.  The change in law made by Section 379B.0085,
  Local Government Code, as added by this Act, applies only to a
  meeting of the board of directors of a defense base development
  authority or a meeting of a board committee that occurs on or after
  the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3879 was passed by the House on May 2,
  2007, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3879 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor