| 1 | 1 | | 86R15495 GRM-D |
|---|
| 2 | 2 | | By: Lucio III H.B. No. 4759 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the powers and duties of the Port of Harlingen |
|---|
| 8 | 8 | | Authority; authorizing the imposition of a tax. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 5013, Special District Local Laws Code, |
|---|
| 11 | 11 | | as effective April 1, 2019, is amended by designating Sections |
|---|
| 12 | 12 | | 5013.001 through 5013.003 as Subchapter A and adding a subchapter |
|---|
| 13 | 13 | | heading to read as follows: |
|---|
| 14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
|---|
| 15 | 15 | | SECTION 2. Section 5013.001, Special District Local Laws |
|---|
| 16 | 16 | | Code, as effective April 1, 2019, is amended to read as follows: |
|---|
| 17 | 17 | | Sec. 5013.001. DEFINITIONS [DEFINITION]. In this chapter: |
|---|
| 18 | 18 | | (1) "Authority"[, "authority"] means the Port of |
|---|
| 19 | 19 | | Harlingen Authority. |
|---|
| 20 | 20 | | (2) "Port commission" means the governing body of the |
|---|
| 21 | 21 | | authority. |
|---|
| 22 | 22 | | (3) "Treasurer" means the treasurer of the authority. |
|---|
| 23 | 23 | | SECTION 3. Chapter 5013, Special District Local Laws Code, |
|---|
| 24 | 24 | | as effective April 1, 2019, is amended by adding Subchapters B and C |
|---|
| 25 | 25 | | to read as follows: |
|---|
| 26 | 26 | | SUBCHAPTER B. POWERS AND DUTIES |
|---|
| 27 | 27 | | Sec. 5013.051. TREASURER. (a) The port commission: |
|---|
| 28 | 28 | | (1) shall hire or appoint a treasurer; and |
|---|
| 29 | 29 | | (2) may terminate or suspend the employment or |
|---|
| 30 | 30 | | appointment of the treasurer. |
|---|
| 31 | 31 | | (b) The treasurer has the power and duties of a treasurer |
|---|
| 32 | 32 | | under Chapters 60 and 62, Water Code. |
|---|
| 33 | 33 | | (c) Notwithstanding Section 62.152, Water Code, the |
|---|
| 34 | 34 | | treasurer shall pay all authority expenses from authority funds. |
|---|
| 35 | 35 | | Sec. 5013.052. SALES AND LEASES. (a) Except as provided by |
|---|
| 36 | 36 | | this section, the provisions of Subchapter C, Chapter 60, Water |
|---|
| 37 | 37 | | Code, apply to all sales and leases entered into by the authority. |
|---|
| 38 | 38 | | (b) Notwithstanding Section 60.039, Water Code, the |
|---|
| 39 | 39 | | authority may enter into a surface lease for a period of not more |
|---|
| 40 | 40 | | than 99 years. |
|---|
| 41 | 41 | | (c) Notwithstanding Section 60.040, Water Code, the |
|---|
| 42 | 42 | | authority is not required to publish notice for a sale, easement, or |
|---|
| 43 | 43 | | lease for a period of not more than 99 years. |
|---|
| 44 | 44 | | (d) Sections 60.041 and 60.042, Water Code, do not apply to |
|---|
| 45 | 45 | | a bid on real property to be sold by the authority. |
|---|
| 46 | 46 | | SUBCHAPTER C. FINANCIAL PROVISIONS |
|---|
| 47 | 47 | | Sec. 5013.101. MAINTENANCE AND OPERATION TAX; TAX RATE. |
|---|
| 48 | 48 | | (a) The authority may impose an ad valorem tax at a rate not to |
|---|
| 49 | 49 | | exceed 10 cents on each $100 valuation of all taxable property in |
|---|
| 50 | 50 | | the authority for the maintenance, operation, and upkeep of the |
|---|
| 51 | 51 | | authority and the improvements constructed by the authority. |
|---|
| 52 | 52 | | (b) The authority may change the rate or suspend collection |
|---|
| 53 | 53 | | of the tax authorized by this section in the manner provided by law |
|---|
| 54 | 54 | | for official action by the authority, subject to the limitation |
|---|
| 55 | 55 | | prescribed by Subsection (a). |
|---|
| 56 | 56 | | (c) Section 62.160, Water Code, does not apply to the |
|---|
| 57 | 57 | | authority. |
|---|
| 58 | 58 | | Sec. 5013.102. SELECTION OF DEPOSITORY. (a) Except as |
|---|
| 59 | 59 | | provided by this section, the authority shall select a depository |
|---|
| 60 | 60 | | for the authority in the manner provided by Section 60.271, Water |
|---|
| 61 | 61 | | Code. |
|---|
| 62 | 62 | | (b) The authority shall select a depository in a manner to |
|---|
| 63 | 63 | | ensure that authority funds are fully insured by the Federal |
|---|
| 64 | 64 | | Deposit Insurance Corporation or the National Credit Union Share |
|---|
| 65 | 65 | | Insurance Fund. |
|---|
| 66 | 66 | | (c) The authority may select more than one institution to |
|---|
| 67 | 67 | | serve as a depository in order to comply with the requirement under |
|---|
| 68 | 68 | | Subsection (b). |
|---|
| 69 | 69 | | SECTION 4. (a) The legal notice of the intention to |
|---|
| 70 | 70 | | introduce this Act, setting forth the general substance of this |
|---|
| 71 | 71 | | Act, has been published as provided by law, and the notice and a |
|---|
| 72 | 72 | | copy of this Act have been furnished to all persons, agencies, |
|---|
| 73 | 73 | | officials, or entities to which they are required to be furnished |
|---|
| 74 | 74 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|---|
| 75 | 75 | | Government Code. |
|---|
| 76 | 76 | | (b) The governor, one of the required recipients, has |
|---|
| 77 | 77 | | submitted the notice and Act to the Texas Commission on |
|---|
| 78 | 78 | | Environmental Quality. |
|---|
| 79 | 79 | | (c) The Texas Commission on Environmental Quality has filed |
|---|
| 80 | 80 | | its recommendations relating to this Act with the governor, the |
|---|
| 81 | 81 | | lieutenant governor, and the speaker of the house of |
|---|
| 82 | 82 | | representatives within the required time. |
|---|
| 83 | 83 | | (d) All requirements of the constitution and laws of this |
|---|
| 84 | 84 | | state and the rules and procedures of the legislature with respect |
|---|
| 85 | 85 | | to the notice, introduction, and passage of this Act are fulfilled |
|---|
| 86 | 86 | | and accomplished. |
|---|
| 87 | 87 | | SECTION 5. This Act takes effect September 1, 2019. |
|---|