CHAPTER 2309. NATIONAL DEFENSE IMPACTED REGION ASSISTANCE - Texas Statutes

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING BOTH STATE

AND LOCAL GOVERNMENTS

CHAPTER 2309. NATIONAL DEFENSE IMPACTED REGION ASSISTANCE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2309.001. SHORT TITLE. This chapter may be cited as the

National Defense Impacted Region Assistance Act.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.

1, 1995.

Sec. 2309.002. PURPOSE; FINDINGS. (a) The purpose of this

chapter is to provide significant state financial assistance to

an impacted region so that a governmental entity in the impacted

region may better serve the people of the region, including the

assigned military personnel, by ensuring the adequate provision

of government services.

(b) The legislature finds that the construction and operation of

a significant new naval military facility in the state provides

substantial financial benefit to the state and that the state is

better protected in the event of enemy attack.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.

1, 1995.

Sec. 2309.003. DEFINITIONS. In this chapter:

(1) "Fund" means the Texas home port trust fund.

(2) "Impacted region" means a county:

(A) in which a significant new naval military facility is

located; or

(B) that has a common boundary with a county in which the

facility is located.

(3) "Significant new naval military facility" means a new United

States Navy installation or an addition and expansion of an

existing naval installation that involves:

(A) the acquisition of at least 60 acres of land;

(B) the construction of facilities and improvements that have a

cost of at least $65 million; and

(C) the assignment of the facility as the home port of at least

2,000 additional active duty members of the armed forces.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.

1, 1995.

SUBCHAPTER B. FUND

Sec. 2309.021. FUND ADMINISTRATION. (a) The Texas home port

trust fund is administered by the comptroller and may be paid

only on written authorization of the governor.

(b) Before authorizing the use of money under this section, the

governor shall notify the speaker of the house, the lieutenant

governor, and the comptroller of the proposed authorizations and

shall consider their recommendations and requests.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.

1, 1995. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.77,

eff. Sept. 1, 1997.

Sec. 2309.022. FUND PAYMENTS. Payments may be made from the

fund to a navigation district or to any other political

subdivision, as determined by the governor to be appropriate, to

be used only to:

(1) make a public works improvement, including docks, dredging,

bulkheads, and utilities, related to the naval facility; or

(2) provide a permanent berthing location for a United States

Navy aircraft carrier.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.

1, 1995.

Sec. 2309.023. IMPROVEMENT MADE WITH FUND PAYMENT. (a) An

improvement made with funds authorized under Section 2309.022(1)

must be of a nature that would benefit the state if the facility

were not used as a military installation.

(b) The improvement may be leased to the United States

government, but ownership of the improvement remains with the

state, the navigation district, or the political subdivision.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.

1, 1995.

Sec. 2309.024. INTEREST ON FUND. Interest earned by the fund

shall be deposited to the credit of the general revenue fund.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.

1, 1995.

Sec. 2309.025. LAPSE OF FUND. The fund lapses on the fourth

anniversary of the date on which construction begins. At that

time, any balance remaining in the fund shall be deposited to the

credit of the general revenue fund.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.

1, 1995.

SUBCHAPTER C. GOVERNOR'S PROCLAMATION

Sec. 2309.041. GOVERNOR'S PROCLAMATION. When the Department of

the Navy of the United States Department of Defense makes a final

determination to locate a significant new naval military facility

in this state, the governor shall issue an official proclamation

declaring that determination.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.83(a), eff. Sept.

1, 1995.