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.