Texas 2021 - 87th Regular

Texas House Bill HB4640 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R19059 BRG-F
2	2	By: Herrero H.B. No. 4640
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 Corpus Christi
8	8	Authority of Nueces County, Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5016.0001, Special District Local Laws
11	11	Code, is amended to read as follows:
12	12	Sec. 5016.0001. DEFINITIONS. In this chapter:
13	13	(1) ["Adjacent property" means the approximately 433
14	14	acres that the authority owns in San Patricio County that is bounded
15	15	on the east by the western boundary of the former Naval Station
16	16	Ingleside, on the north by Farm-to-Market Road 1069, on the west by
17	17	the corporate limits of the City of Ingleside on the Bay, and on the
18	18	south by the corporate limits of the City of Ingleside on the Bay
19	19	and the north shoreline of Corpus Christi Bay. The term does not
20	20	include property:
21	21	[(A) that the authority purchased from this state
22	22	under former Article 8225, Revised Statutes; or
23	23	[(B) that was granted to the authority by this
24	24	state under any general or special law.
25	25	[(2)] "Authority" means the Port of Corpus Christi
26	26	Authority of Nueces County, Texas.
27	27	[(3) "Naval property" means:
28	28	[(A) the approximately 576.615 acres of land and
29	29	submerged land in San Patricio and Nueces Counties, improvements,
30	30	and personal property, if any, that reverted to the authority when
31	31	former Naval Station Ingleside closed, other than property that the
32	32	authority purchased from this state under former Article 8225,
33	33	Revised Statutes, or that was granted to the authority by this state
34	34	under any general or special law; and
35	35	[(B) the adjacent property.]
36	36	(2) [(4)] "Port commission" means the authority's
37	37	governing body.
38	38	(3) [(5)] "Port commissioner" means a member of the
39	39	port commission.
40	40	SECTION 2. Subchapter A, Chapter 5016, Special District
41	41	Local Laws Code, is amended by adding Sections 5016.0003 and
42	42	5016.0004 to read as follows:
43	43	Sec. 5016.0003. PURPOSE; LEGISLATIVE FINDINGS. The
44	44	authority is essential to accomplish the purposes of Section 52-a,
45	45	Article III, and Section 59, Article XVI, Texas Constitution, and
46	46	other public purposes stated in this chapter. By granting the
47	47	authority powers under this chapter, the legislature has
48	48	established a program to accomplish the public purposes set out in
49	49	Section 52-a, Article III, Texas Constitution.
50	50	Sec. 5016.0004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
51	51	(a) The authority serves a public use and benefit.
52	52	(b) All land and other property included in the authority
53	53	will benefit from the improvements and services to be provided by
54	54	the authority under powers conferred by Section 52-a, Article III,
55	55	and Section 59, Article XVI, Texas Constitution, and other powers
56	56	granted under this chapter.
57	57	SECTION 3. Section 5016.0101, Special District Local Laws
58	58	Code, is amended to read as follows:
59	59	Sec. 5016.0101. USE [AND DISPOSITION] OF CERTAIN [NAVAL]
60	60	PROPERTY. (a) This section applies only to:
61	61	(1) property owned by the authority that is located
62	62	in:
63	63	(A) the unincorporated areas of Nueces County,
64	64	other than:
65	65	(i) areas in the extraterritorial
66	66	jurisdiction of the City of Corpus Christi; or
67	67	(ii) lands or flats previously purchased
68	68	from the State of Texas under former Article 8225, Revised Civil
69	69	Statutes of Texas, 1925; or
70	70	(B) the corporate limits of the City of Robstown;
71	71	or
72	72	(2) property owned by Nueces County or the City of
73	73	Robstown:
74	74	(A) that is leased to the authority or that the
75	75	authority has the right to develop or improve; and
76	76	(B) that is located in:
77	77	(i) the unincorporated areas of Nueces
78	78	County, other than areas in the extraterritorial jurisdiction of
79	79	the City of Corpus Christi; or
80	80	(ii) the corporate limits of the City of
81	81	Robstown.
82	82	(b) The authority may use [naval] property to which this
83	83	section applies for [in ways that replace and enhance the economic
84	84	benefits generated by the former Naval Station Ingleside through
85	85	diversified activities, including uses to foster]:
86	86	(1) job creation and retention;
87	87	(2) economic development;
88	88	(3) industry;
89	89	(4) commerce;
90	90	(5) manufacturing;
91	91	(6) housing;
92	92	(7) recreation; [and]
93	93	(8) infrastructure installation on the [naval]
94	94	property; or
95	95	(9) any other activity essential to accomplish the
96	96	purposes of Section 52-a, Article III, Texas Constitution.
97	97	[(b) The port commission may:
98	98	[(1) declare any portion of naval property surplus if
99	99	the property is not needed for a navigation-related project; and
100	100	[(2) sell or lease the surplus property on terms the
101	101	port commission considers advisable to carry out the purposes of
102	102	this chapter.]
103	103	(c) For the purposes described by Subsection (b), the
104	104	authority may:
105	105	(1) develop, construct, improve, maintain, equip, and
106	106	furnish buildings, equipment, facilities, or improvements on or to
107	107	the property; and
108	108	(2) lease the property owned by the authority, on
109	109	terms as the port commission considers advisable, to allow for the
110	110	development, construction, improvement, maintenance, equipping,
111	111	and furnishing of buildings, equipment, facilities, or
112	112	improvements on or to the property [Notwithstanding any other law
113	113	and subject to the terms of this subsection, the authority may sell
114	114	or lease property declared surplus under this section with or
115	115	without public bidding. The authority may not sell naval property
116	116	declared surplus under this section in a private sale for less than
117	117	the property's fair market value. The authority shall obtain an
118	118	appraisal of the surplus property, which is conclusive evidence of
119	119	the surplus property's fair market value].
120	120	(d) The authority may contract with another person for
121	121	assistance in accomplishing the purposes of this section on terms
122	122	[by competitive bidding or negotiated contract as] the port
123	123	commission considers appropriate, desirable, and in the
124	124	authority's best interests.
125	125	(e) The authority may not issue bonds or other obligations
126	126	payable from ad valorem taxes to finance a project authorized under
127	127	this section.
128	128	SECTION 4. (a) The legal notice of the intention to
129	129	introduce this Act, setting forth the general substance of this
130	130	Act, has been published as provided by law, and the notice and a
131	131	copy of this Act have been furnished to all persons, agencies,
132	132	officials, or entities to which they are required to be furnished
133	133	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
134	134	Government Code.
135	135	(b) The governor, one of the required recipients, has
136	136	submitted the notice and Act to the Texas Commission on
137	137	Environmental Quality.
138	138	(c) The Texas Commission on Environmental Quality has filed
139	139	its recommendations relating to this Act with the governor, the
140	140	lieutenant governor, and the speaker of the house of
141	141	representatives within the required time.
142	142	(d) All requirements of the constitution and laws of this
143	143	state and the rules and procedures of the legislature with respect
144	144	to the notice, introduction, and passage of this Act are fulfilled
145	145	and accomplished.
146	146	SECTION 5. This Act takes effect immediately if it receives
147	147	a vote of two-thirds of all the members elected to each house, as
148	148	provided by Section 39, Article III, Texas Constitution. If this
149	149	Act does not receive the vote necessary for immediate effect, this
150	150	Act takes effect September 1, 2021.