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AN ACT
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relating to certain powers of the Red River Redevelopment |
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Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3503.005, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3503.005. EXPANSION OF TERRITORY. The authority's |
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territory may be expanded as additional: |
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(1) real property is conveyed or leased to the |
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authority by the United States; or |
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(2) counties or municipalities approve annexations. |
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SECTION 2. Section 3503.101(b), Special District Local Laws |
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Code, is amended to read as follows: |
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(b) The authority may exercise any power or duty necessary |
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or appropriate to carry out a project described by Section |
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3503.003(a)(3) and the purposes of this chapter, including the |
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power to: |
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(1) sue and be sued, and plead and be impleaded, in its |
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own name; |
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(2) adopt an official seal; |
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(3) adopt, enforce, and amend rules for the conduct of |
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its affairs; |
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(4) acquire, hold, own, pledge, and dispose of its |
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revenue, income, receipts, and money from any source; |
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(5) select its depository; |
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(6) acquire, own, rent, lease, accept, hold, or |
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dispose of any property, or any interest in property, including |
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rights or easements, in performing its duties and exercising its |
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powers under this chapter, by purchase, exchange, gift, assignment, |
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sale, lease, or other method; |
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(7) hold, manage, operate, or improve the property; |
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(8) sell, assign, lease, encumber, mortgage, or |
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otherwise dispose of property, or any interest in property, and |
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relinquish a property right, title, claim, lien, interest, |
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easement, or demand, however acquired; |
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(9) perform an activity authorized by Subdivision (8) |
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by public or private sale, with or without public bidding, |
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notwithstanding any other law; |
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(10) lease or rent any land and building, structure, |
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or facility from or to any person to carry out a chapter purpose; |
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(11) request and accept an appropriation, grant, |
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allocation, subsidy, guarantee, aid, service, labor, material, or |
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gift, from the federal government, the state, a public agency or |
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political subdivision, or any other source; |
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(12) operate and maintain an office and appoint and |
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determine the duties, tenure, qualifications, and compensation of |
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officers, employees, agents, professional advisors and counselors, |
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including financial consultants, accountants, attorneys, |
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architects, engineers, appraisers, and financing experts, as |
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considered necessary or advisable by the board; |
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(13) borrow money and issue bonds, payable solely from |
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all or a portion of any authority revenue, by resolution or order of |
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the board and without the necessity of an election; |
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(14) set and collect rents, rates, fees, and charges |
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regarding the property and any services provided by the authority; |
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(15) exercise the powers Chapters 373 and 380, Local |
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Government Code, grant to a municipality for the development of |
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housing and expansion of economic development and commercial |
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activity; |
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(16) exercise the powers Chapter 49, Water Code, |
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grants to a general-law district; |
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(17) exercise the powers Chapter 54, Water Code, |
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grants to a municipal utility district; |
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(18) exercise the powers Chapter 552, Transportation |
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Code, grants to a road utility district; |
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(19) exercise the powers Subchapter C, Chapter 271, |
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Local Government Code, grants to a municipality or county; |
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(20) exercise the powers Chapter 402, Local Government |
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Code, grants to a municipality for the provision of municipal |
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utilities; |
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(21) contract and be contracted with, in the |
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authority's own name, another person in the performance of the |
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authority's powers or duties to carry out a project described by |
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Section 3503.003(a)(3), or to accomplish the purposes of this |
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chapter for a period of years, on the terms, and by competitive |
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bidding or by negotiated contract, all as the board considers |
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appropriate, desirable, and in the best interests of the authority |
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and the accomplishment of chapter purposes; [and] |
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(22) acquire, hold, own, sell, assign, lease, |
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encumber, mortgage, or otherwise dispose of any real, personal, or |
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mixed property located outside the perimeter of the property |
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described by Section 3503.004 if the other property enhances or |
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facilitates the development, redevelopment, maintenance, or |
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expansion of new and existing businesses, industry, or commercial |
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activity on the property; |
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(23) exercise the powers Chapter 22, Transportation |
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Code, grants to a municipality or county; |
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(24) exercise the powers Chapter 379B, Local |
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Government Code, grants to a defense base development authority; |
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and |
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(25) exercise the powers of a municipality under |
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Chapters 211 and 212, Local Government Code, in the territory of the |
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authority, including an area of the authority that is in the |
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boundaries of a municipality's limited purpose jurisdiction and |
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extraterritorial jurisdiction. On annexation of an area of the |
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authority for full purposes by a municipality, the authority's |
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power to regulate the area under Chapters 211 and 212 expires. The |
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authority regains the power in an area if the municipality |
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disannexes the area. |
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SECTION 3. Subchapter C, Chapter 3503, Special District |
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Local Laws Code, is amended by adding Section 3503.109 to read as |
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follows: |
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Sec. 3503.109. INDEMNITY. The authority may indemnify an |
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authority employee or board member or former authority employee or |
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board member for necessary expenses and costs, including attorney's |
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fees, incurred by that person in connection with a claim asserted |
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against that person if: |
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(1) the claim relates to an act or omission of the |
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person when acting in the scope of the person's board membership or |
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authority employment; and |
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(2) the person has not been found liable or guilty on |
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the claim. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3802 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3802 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |