Texas 2021 - 87th Regular

Texas House Bill HB1023 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R16938~~ MP-F
	1	+	87R3279 MP-F
2	2		By: Lucio III H.B. No. 1023
3		-	Substitute the following for H.B. No. 1023:
4		-	By: Landgraf C.S.H.B. No. 1023
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the terms and qualifications of the members of the port
10		-	commission of, and the powers, duties, and territory of, the Port of
	7	+	relating to the powers, duties, and territory of the Port of
11	8		Harlingen Authority; authorizing the imposition of a tax.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Chapter 5013, Special District Local Laws Code,
14	11		is amended by designating Sections 5013.001 and 5013.002 as
15	12		Subchapter A and adding a subchapter heading to read as follows:
16	13		SUBCHAPTER A. GENERAL PROVISIONS
17	14		SECTION 2. Section 5013.001, Special District Local Laws
18	15		Code, is amended to read as follows:
19	16		Sec. 5013.001. DEFINITIONS [DEFINITION]. In this chapter:
20	17		(1) "Authority"[, "authority"] means the Port of
21	18		Harlingen Authority.
22	19		(2) "Port commission" means the governing body of the
23	20		authority.
24		-	(3) "Port commissioner" means a member of the port
25		-	commission.
26		-	(4) "Treasurer" means the treasurer of the authority.
	21	+	(3) "Treasurer" means the treasurer of the authority.
27	22		SECTION 3. Subchapter A, Chapter 5013, Special District
28	23		Local Laws Code, as added by this Act, is amended by adding Section
29	24		5013.0025 to read as follows:
30	25		Sec. 5013.0025. AUTHORITY TERRITORY. The authority is
31	26		composed of the original territory of the district, as it may have
32	27		been amended by Subchapter H, Chapter 62, Water Code, or other law,
33	28		except the territory does not include any portion of Willacy
34	29		County.
35	30		SECTION 4. Chapter 5013, Special District Local Laws Code,
36		-	is amended by adding Subchapter B, and a heading is added to that
37		-	subchapter to read as follows:
38		-	SUBCHAPTER B. PORT COMMISSION
39		-	SECTION 5. Section 5013.003, Special District Local Laws
40		-	Code, is transferred to Subchapter B, Chapter 5013, Special
41		-	District Local Laws Code, as added by this Act, redesignated as
42		-	Section 5013.051, and amended to read as follows:
43		-	Sec. 5013.051 [5013.003]. GOVERNING BODY. (a) The
44		-	navigation and canal commission of the authority is called the port
45		-	commission and is composed of five port commissioners.
46		-	(b) The port commissioners shall be elected by the voters of
47		-	the district at large to positions numbered one through five.
48		-	(c) Port commissioners serve staggered four-year terms,
49		-	with port commissioners elected in odd-numbered years.
50		-	SECTION 6. Chapter 5013, Special District Local Laws Code,
	31	+	is amended by designating Section 5013.003 as Subchapter B and
	32	+	adding a subchapter heading to read as follows:
	33	+	SUBCHAPTER B. DISTRICT ADMINISTRATION
	34	+	SECTION 5. Chapter 5013, Special District Local Laws Code,
51	35		is amended by adding Subchapters C and D to read as follows:
52	36		SUBCHAPTER C. POWERS AND DUTIES
53	37		Sec. 5013.101. TREASURER. (a) The port commission:
54	38		(1) shall hire or appoint a treasurer; and
55	39		(2) may terminate or suspend the employment or
56	40		appointment of the treasurer.
57	41		(b) The treasurer has the power and duties of a treasurer
58	42		under Chapters 60 and 62, Water Code.
59	43		(c) Notwithstanding Section 62.152, Water Code, the
60	44		treasurer shall pay all authority expenses from authority funds.
61	45		Sec. 5013.102. SALES AND LEASES. (a) Except as provided by
62	46		this section, the provisions of Subchapter C, Chapter 60, Water
63	47		Code, apply to all sales and leases entered into by the authority.
64	48		(b) Notwithstanding Section 60.039, Water Code, the
65	49		authority may enter into a surface lease for a period of not more
66	50		than 99 years.
67	51		(c) Notwithstanding Section 60.040, Water Code, the
68	52		authority is not required to publish notice for a sale, easement, or
69	53		lease for a period of not more than 99 years.
70	54		(d) Sections 60.041 and 60.042, Water Code, do not apply to
71	55		a bid on real property to be sold by the authority.
72	56		SUBCHAPTER D. FINANCIAL PROVISIONS
73	57		Sec. 5013.151. MAINTENANCE AND OPERATION TAX; TAX RATE.
74	58		(a) The authority may impose an ad valorem tax at a rate not to
75	59		exceed 10 cents on each $100 valuation of all taxable property in
76	60		the authority for the maintenance, operation, and upkeep of the
77	61		authority and the improvements constructed by the authority.
78	62		(b) The authority may change the rate or suspend collection
79	63		of the tax authorized by this section in the manner provided by law
80	64		for official action by the authority, subject to the limitation
81	65		prescribed by Subsection (a).
82	66		(c) Section 62.160, Water Code, does not apply to the
83	67		authority.
84	68		Sec. 5013.152. SELECTION OF DEPOSITORY. (a) Except as
85	69		provided by this section, the authority shall select a depository
86	70		for the authority in the manner provided by Section 60.271, Water
87	71		Code.
88	72		(b) The authority shall select a depository in a manner to
89	73		ensure that authority funds are fully insured by the Federal
90	74		Deposit Insurance Corporation or the National Credit Union Share
91	75		Insurance Fund.
92	76		(c) The authority may select more than one institution to
93	77		serve as a depository in order to comply with the requirement under
94	78		Subsection (b).
95		-	SECTION 7. (a) In this section, "authority," "port
96		-	commission," and "port commissioner" have the meanings assigned by
97		-	Section 5013.001, Special District Local Laws Code, as amended by
98		-	this Act.
99		-	(b) A port commissioner of the authority who is serving on
100		-	the day before the effective date of this Act shall serve until a
101		-	successor qualifies following an election under Subsection (c) of
102		-	this section.
103		-	(c) On the uniform election date in November 2021, the port
104		-	commission shall hold an election to elect two port commissioners,
105		-	numbered four and five.
106		-	(d) The three port commissioners serving on the effective
107		-	date of this Act shall draw lots to assign port commissioner numbers
108		-	one through three and determine which two port commissioners shall
109		-	serve a term expiring December 1, 2023, and which port commissioner
110		-	shall serve a term expiring December 1, 2025.
111		-	(e) On the uniform election date in November 2023, the port
112		-	commission shall hold an election to elect two port commissioners
113		-	to terms of four years.
114		-	(f) On the uniform election date in 2025, the port
115		-	commission shall hold an election to elect three port commissioners
116		-	to terms of four years.
117		-	SECTION 8. (a) The legal notice of the intention to
	79	+	SECTION 6. (a) The legal notice of the intention to
118	80		introduce this Act, setting forth the general substance of this
119	81		Act, has been published as provided by law, and the notice and a
120	82		copy of this Act have been furnished to all persons, agencies,
121	83		officials, or entities to which they are required to be furnished
122	84		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
123	85		Government Code.
124	86		(b) The governor, one of the required recipients, has
125	87		submitted the notice and Act to the Texas Commission on
126	88		Environmental Quality.
127	89		(c) The Texas Commission on Environmental Quality has filed
128	90		its recommendations relating to this Act with the governor, the
129	91		lieutenant governor, and the speaker of the house of
130	92		representatives within the required time.
131	93		(d) All requirements of the constitution and laws of this
132	94		state and the rules and procedures of the legislature with respect
133	95		to the notice, introduction, and passage of this Act are fulfilled
134	96		and accomplished.
135		-	SECTION 9. This Act takes effect immediately if it receives
136		-	a vote of two-thirds of all the members elected to each house, as
137		-	provided by Section 39, Article III, Texas Constitution. If this
138		-	Act does not receive the vote necessary for immediate effect, this
139		-	Act takes effect September 1, 2021.
	97	+	SECTION 7. This Act takes effect September 1, 2021.