HB5092 - Relating to the operation and dissolution of the Lubbock Reese Redevelopment Authority and to agreements between Texas Tech University and the authority.

      H.B. No. 5092         AN ACT   relating to the operation and dissolution of the Lubbock Reese   Redevelopment Authority and to agreements between Texas Tech   University and the authority.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 3501.001, Special District Local Laws   Code, is amended by adding Subdivisions (5) and (6) to read as   follows:                 (5)     "Critical infrastructure" has the meaning   assigned by Section 117.001, Business & Commerce Code.                 (6)     "National security-related technology" means   technology that is:                       (A)     researched or developed in collaboration   with Texas Tech University for a use related to national security by   the United States Department of Defense, the United States   Department of Defense's component services and agencies, the United   States Department of Energy, the United States Department of   Homeland Security, or another collaborating partner in the public   or private sector; and                       (B)     used in qualified research, as defined by   Section 151.3182, Tax Code.          SECTION 2.  Section 3501.003(a), Special District Local Laws   Code, is amended to read as follows:          (a)  The purpose of the authority is to:                (1)  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), and to research related to national   security and critical infrastructure conducted on the property,   including the acquisition, construction, operation, maintenance,   enhancement, or disposal of:                      (A)  roads, bridges, and rights-of-way;                      (B)  housing;                      (C)  property;                      (D)  police, fire, medical, cultural,   educational, and research services, equipment, institutions, and   resources;                      (E)  other community support services;                      (F)  flood control, water, wastewater treatment,   and all other utility facilities; and                      (G)  other infrastructure improvements;                (2)  encourage the development of new industry by   private businesses; [ and ]                (3)  encourage financing of projects designated under   Section 3501.1024 ; and                 (4)     facilitate the establishment of an applied   research site in cooperation and collaboration with Texas Tech   University .          SECTION 3.  Sections 3501.004(c) and (d), Special District   Local Laws Code, are amended to read as follows:          (c)   Tangible personal property that is used primarily to   develop national security-related technology or critical   infrastructure technology, tangible personal property that is   national security-related technology or critical infrastructure   technology, or a [ A ] commercial aircraft to be used as an instrument   of commerce that is under construction or development, as   applicable, in the authority is presumed to be in interstate,   international, or foreign commerce and not located in this state   for longer than a temporary period for purposes of Sections 11.01   and 21.02, Tax Code.          (d)  Tangible personal property located in the authority is   presumed to be in interstate, international, or foreign commerce   and not located in this state for longer than a temporary period for   purposes of Sections 11.01 and 21.02, Tax Code, if the owner   demonstrates to the chief appraiser for the appraisal district in   which the authority is located that the owner intends to   incorporate the property into or attach the property to tangible   personal property described by Subsection (c) or a commercial   aircraft described by Subsection (c).          SECTION 4.  Section 3501.005(a), Special District Local Laws   Code, is amended to read as follows:          (a)  In this section, "qualifying project" means any real   estate project involving the construction of:                (1)  a tenant finish-out or build-to-suit facility for   a tenant who, through the execution of a lease with the authority,   pays for or reimburses the authority for the cost of the   improvements;                (2)  infrastructure improvements including roads,   driveways, or utility extensions made in connection with the sale   or lease of property owned by the authority and for which the   proceeds of the sale or the lease are used to reimburse the   authority for the infrastructure improvements; or                (3)  an income-producing facility that generates   revenue for the authority and is constructed by :                       (A)   a private developer with special expertise in   development ; or                       (B)     an entity whose purpose is to support the   research and development of national security-related technology   or critical infrastructure technology or services in collaboration   with Texas Tech University .          SECTION 5.  Section 3501.051, Special District Local Laws   Code, is amended to read as follows:          Sec. 3501.051.  COMPOSITION OF BOARD. (a)  The board is   composed of:                (1)   six [ five ] directors appointed in the manner   provided by Subsection (b) [ by the governing body of the City of   Lubbock from a list of persons recommended by the board under this   section ]; and                (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) ]  the executive director of the South Plains   Association of Governments.          (b)  Before the term of an appointed [ a ] director [ appointed   under Subsection (a)(1) or (a)(2) ] expires, the board, in   consultation with the president of Texas Tech University, or the   president's designee [ 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 a person to serve as a successor   director [ the appropriate number of directors from the recommended   persons, or request that the board provide additional   recommendations ].          (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 of   successor directors to the board so that places on the board are   occupied by persons with experience in:                (1)  real estate;                (2)  finance;                (3)  manufacturing;                (4)  agriculture; and                (5)   national security-related technology or critical   infrastructure technology [ general business ].          SECTION 6.  Section 3501.102(b), Special District Local Laws   Code, is amended to read as follows:          (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,   ap [Text truncated for display. 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