SUBCHAPTER A. GENERAL PROVISIONS

  1. Sec. 3501.001. DEFINITIONS. In this chapter:
    1. (1) "Authority" means the Lubbock Reese Redevelopment Authority.
    2. (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. (3) "Board" means the board of directors of the authority.
    Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. 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.
  2. (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.
  3. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. 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. (1) roads, bridges, and rights-of-way;
    2. (2) housing;
    3. (3) property;
    4. (4) police, fire, medical, cultural, educational, and research services, equipment, institutions, and resources;
    5. (5) other community support services;
    6. (6) flood control, water, wastewater treatment, and all other utility facilities; and
    7. (7) other infrastructure improvements.
  2. (b) The authority is a political subdivision of this state that exercises public and essential governmental functions.
  3. (c) The exercise of a power this chapter grants is for a public purpose and is a matter of public necessity.
  4. (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.
  5. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. 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.
  2. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

  1. Sec. 3501.051. COMPOSITION OF BOARD. (a) The board is composed of:
    1. (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. (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. (3) the executive director of the South Plains Association of Governments.
  2. (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.
  3. (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. (1) real estate;
    2. (2) finance;
    3. (3) manufacturing;
    4. (4) agriculture; and
    5. (5) general business.
    Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
    Amended by:
    Acts 2005, 79th Leg., Ch. 423 (S.B. 1751), Sec. 1, eff. June 17, 2005.
    Acts 2013, 83rd Leg., R.S., Ch. 125 (S.B. 696), Sec. 1, eff. May 24, 2013.
  1. Sec. 3501.052. TERM; VACANCIES. (a) A director serves a term of four years.
  2. (b) A vacancy on the board is filled in the same manner as the original appointment.
  3. (c) Except as provided by Subsection (d), a director may be appointed as the director's own successor for not more than one term.
  4. (d) A director appointed to fill a vacancy for an unexpired term shall serve for the remainder of that term and may be appointed as the director's own successor for not more than two terms.
  5. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
    Amended by:
    Acts 2013, 83rd Leg., R.S., Ch. 125 (S.B. 696), Sec. 2, eff. May 24, 2013.
  1. Sec. 3501.053. OFFICERS. (a) The board shall elect from its membership a president and a vice president.
  2. (b) The vice president shall preside in the absence of the president.
  3. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 3501.054. EMPLOYEES. The board may employ and compensate persons to carry out the powers and duties of the authority.
  2. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 3501.055. RULES FOR PROCEEDINGS. The board shall adopt rules for its proceedings.
  2. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

  1. Sec. 3501.101. AUTHORITY OF BOARD. The board shall manage, control, and operate the authority.
  2. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. 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.
  2. (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. (1) sue and be sued, and plead and be impleaded, in its own name;
    2. (2) adopt an official seal;
    3. (3) adopt and enforce bylaws and rules for the conduct of its affairs;
    4. (4) acquire, hold, own, and dispose of its revenue, income, receipts, and money from any source;
    5. (5) select its depository;
    6. (6) establish its fiscal year;
    7. (7) adopt an annual operating budget for all major expenditures before the beginning of the fiscal year;
    8. (8) establish a system of accounts for the authority;
    9. (9) invest its money in accordance with Chapter 2256, Government Code;
    10. (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. (11) manage, operate, or improve that property, to perform a duty or to exercise a power under this chapter;
    12. (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. (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. (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. (15) maintain an office;
    16. (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. (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. (18) establish, impose, and collect rents, rates, fees, and charges for its facilities and services; and
    19. (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.
  1. 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.
  2. (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).
  3. (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.
  4. (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).
  5. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. 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.
  2. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 3501.105. ADVISORY BOARDS. The board may appoint advisory boards to assist the board in administering this chapter.
  2. Added by Acts 2005, 79th Leg., Ch. 423 (S.B. 1751), Sec. 2, eff. June 17, 2005.
  1. 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.
  2. Added by Acts 2005, 79th Leg., Ch. 423 (S.B. 1751), Sec. 2, eff. June 17, 2005.

SUBCHAPTER D. DISSOLUTION

  1. Sec. 3501.151. LEGISLATIVE INTENT. The legislature intends that the authority be dissolved after conveyance and sale of all of the base property.
  2. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 3501.152. DUTY TO DISSOLVE. (a) The authority shall be dissolved on approval of the City of Lubbock and Lubbock County:
    1. (1) when all the functions of the authority are performed and completed; and
    2. (2) after all debts or obligations have been satisfied or retired with the assets of the authority.
  2. (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.
  3. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

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