By: Hinojosa S.B. No. 835
(In the Senate - Filed February 13, 2009; March 4, 2009, read
first time and referred to Subcommittee on Base Realignment and
Closure; April 6, 2009, reported adversely, with favorable
Committee Substitute from Committee on Veteran Affairs and Military
Installations by the following vote: Yeas 4, Nays 0;
April 6, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 835 By: Shapleigh
A BILL TO BE ENTITLED
AN ACT
relating to powers of the Port of Corpus Christi Authority of Nueces
County, Texas, pertaining to land in and adjacent to Naval Station
Ingleside.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 397, Acts of the 68th Legislature,
Regular Session, 1983, is amended by amending Section 1 and adding
Sections 1A and 4B to read as follows:
Sec. 1. DEFINITIONS. In this Act:
(1) "Adjacent property" means the approximately 433
acres that the authority owns in San Patricio County that is bounded
on the east by the western boundary of Naval Station Ingleside, on
the north by Farm-to-Market Road 1069, on the west by the city
limits of the City of Ingleside on the Bay, and on the south by the
city limits of the City of Ingleside on the Bay and the north
shoreline of Corpus Christi Bay. The term does not include property
that the authority purchased from this state under Article 8225,
Revised Statutes, or that was granted to the authority by this state
under any general or special Act.
(2) "Authority" means the Port of Corpus Christi
Authority of Nueces County, Texas.
(3) "Naval property" means:
(A) the approximately 576.615 acres of land and
submerged land in San Patricio and Nueces Counties, improvements,
and personal property, if any, that revert to the authority when
Naval Station Ingleside closes; and
(B) the adjacent property.
(4) "Port commission" means the governing body of the
authority.
Sec. 1A. COMPOSITION OF PORT COMMISSION. The port
commission [of the Port of Corpus Christi Authority of Nueces
County, Texas,] is composed of seven members.
Sec. 4B. USE AND DISPOSITION OF NAVAL PROPERTY. (a) The
authority may use the naval property in ways that replace and
enhance the economic benefits generated by Naval Station Ingleside
through diversified activities, including uses to foster:
(1) the creation and retention of new jobs;
(2) economic development;
(3) industry;
(4) commerce;
(5) manufacturing;
(6) housing;
(7) recreation; and
(8) the installation of infrastructure on the naval
property.
(b) The authority may contract with another person for
assistance in accomplishing the purposes of this section by
competitive bidding or negotiated contract as the port commission
considers appropriate, desirable, and in the best interests of the
authority.
(c) The port commission may declare any portion of the naval
property not needed for a navigation-related project surplus
property and may sell or lease the surplus property on terms the
port commission considers advisable to carry out the purposes of
this Act.
(d) Notwithstanding any other law, and subject to the terms
of this subsection, the authority may sell or lease property
declared surplus under this section with or without public bidding.
Naval property declared surplus under this section may not be sold
in a private sale for less than its fair market value. The
authority shall obtain an appraisal of the surplus property, and
the appraisal is conclusive evidence of the surplus property's fair
market value.
(e) This section is cumulative of and in addition to other
law applicable to or affecting the authority. This section does not
limit the power of the authority to use other law not in conflict
with this Act to the extent necessary or convenient to carry out a
power expressly or impliedly granted by this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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