82R8151 KYF-F
By: Hunter H.B. No. 3321
A BILL TO BE ENTITLED
AN ACT
relating to the name, organization, and powers of the Port of Corpus
Christi Authority of Nueces County, Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Chapter 397, Acts of the 68th
Legislature, Regular Session, 1983, is amended by amending
Subdivision (2) and adding Subdivision (5) to read as follows:
(2) "Authority" means the Port of Corpus Christi
Authority [of Nueces County, Texas].
(5) "Port commissioner" means a member of the port
commission.
SECTION 2. Section 1A, Chapter 397, Acts of the 68th
Legislature, Regular Session, 1983, as added by Chapter 498, Acts
of the 81st Legislature, Regular Session, 2009, is amended to read
as follows:
Sec. 1A. NAME OF AUTHORITY. The name of the Port of Corpus
Christi Authority of Nueces County, Texas, is changed to the Port of
Corpus Christi Authority. [COMPOSITION OF PORT COMMISSION. The
port commission is composed of seven members.]
SECTION 3. Section 2, Chapter 397, Acts of the 68th
Legislature, Regular Session, 1983, is amended to read as follows:
Sec. 2. COMPOSITION [APPOINTMENT] OF PORT COMMISSION
[COMMISSIONERS]; ELIGIBILITY. (a) The port commission is composed
of seven members appointed as follows:
(1) the [The] Commissioners Court of Nueces County
shall appoint three [four] members to the port commission;
(2) [, and] the City Council of Corpus Christi shall
appoint three members to the port commission; and
(3) the Commissioners Court of San Patricio County
shall appoint one member to the port commission.
(b) To be eligible for appointment to the port commission, a
[A] person must have been a resident of the political subdivision
the governing body of which makes the appointment [Nueces County]
for at least six months [to be eligible for appointment to the port
commission].
SECTION 4. Chapter 397, Acts of the 68th Legislature,
Regular Session, 1983, is amended by adding Section 4D to read as
follows:
Sec. 4D. LEASE OF LAND AND BUILDINGS. (a) The authority
may lease any real property owned by the authority, other than real
property acquired by condemnation, to an individual, private
corporation, or other private entity for any purpose the port
commission considers necessary or convenient for the industrial or
commercial development of the authority's property.
(b) The authority may lease property as authorized by this
section for any number of years and on any terms to which the port
commission and lessee agree. The authority may enter into any other
agreements concerning the lease that the port commission considers
appropriate.
(c) The authority may construct buildings and other
improvements on real property owned by the authority, other than on
real property acquired by condemnation, for the purpose of leasing
the real property, buildings, or other improvements to an
individual, private corporation, or other private entity for any
purpose the authority considers necessary or convenient for the
industrial or commercial development of the authority's property.
(d) The authority may not acquire real property by gift and
then lease it back to the donor if the donor's leasehold interest in
the real property would be exempt from ad valorem taxes, unless the
commissioners court of the county in which the real property is
located approves the lease.
(e) The powers granted to the authority in this section are
in addition to, and do not limit, any power the authority has under
general law.
(f) This section does not limit the powers related to zoning
or taxation of a municipality in which the authority is located. In
the event of a conflict between this section and the powers related
to zoning or taxation of a municipality in which any part of the
authority is located, the powers of the municipality prevail.
SECTION 5. The following laws are repealed:
(1) Chapter 1334, Acts of the 78th Legislature,
Regular Session, 2003;
(2) Section 1A, Chapter 397, Acts of the 68th
Legislature, Regular Session, 1983, as added by Chapter 53, Acts of
the 81st Legislature, Regular Session, 2009; and
(3) Section 4, Chapter 397, Acts of the 68th
Legislature, Regular Session, 1983.
SECTION 6. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 7. 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, 2011.