SPECIAL DISTRICTS CODE
SUBTITLE B. DEFENSE BASE DEVELOPMENT
CHAPTER 3501. LUBBOCK REESE REDEVELOPMENT AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
§ 3501.051. COMPOSITION OF BOARD. The board is composed
of:
(1) seven directors appointed by the governing body of
the City of Lubbock;
(2) one director appointed by the commissioners court
of Lubbock County; and
(3) one director appointed by the South Plains
Association of Governments.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 3501.055. RULES FOR PROCEEDINGS. The board shall
adopt rules for its proceedings.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
§ 3501.101. AUTHORITY OF BOARD. The board shall manage,
control, and operate the authority.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
SUBCHAPTER D. DISSOLUTION
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
