Texas 2021 - 87th Regular

Texas Senate Bill SB1643 Compare Versions

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1-S.B. No. 1643
1+By: Creighton, et al. S.B. No. 1643
2+ (Deshotel)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to special purpose territory of the Port of Beaumont
68 Navigation District of Jefferson County, Texas.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Section 5010.0104, Special District Local Laws
911 Code, is amended to read as follows:
1012 Sec. 5010.0104. DISTRICT TERRITORY. The district is
1113 composed of the territory:
1214 (1) in Jefferson and Orange Counties described by
1315 Sections 1 and 1A, Chapter 147, Acts of the 51st Legislature,
1416 Regular Session, 1949, as that territory may have been modified
1517 under:
1618 (A) [(1)] Section 3 or 3a, Chapter 103, Acts of
1719 the 41st Legislature, 1st Called Session, 1929 (Article 8263a,
1820 Vernon's Texas Civil Statutes), before August 30, 1971;
1921 (B) [(2)] Subchapter H, Chapter 62, Water Code;
2022 or
2123 (C) [(3)] other law; and
2224 (2) described by Section 3 of the Act enacting
2325 Subchapter F.
2426 SECTION 2. Chapter 5010, Special District Local Laws Code,
2527 is amended by adding Subchapter F to read as follows:
2628 SUBCHAPTER F. SPECIAL PURPOSE AREA
2729 Sec. 5010.0601. DEFINITION. In this subchapter, "special
2830 purpose area" means the territory described by Section 3 of the Act
2931 enacting this subchapter.
3032 Sec. 5010.0602. REPORTING OF CARGO AND VESSEL MOVEMENTS.
3133 Waterborne commercial cargo and vessel movements originating in or
3234 departing from the special purpose area may be attributed as
3335 waterborne commercial cargo or vessel movements originating in or
3436 departing from the district for the purpose of reporting to the
3537 United States Army Corps of Engineers under applicable federal law.
3638 Sec. 5010.0603. EFFECT ON OTHER DISTRICTS. The inclusion
3739 of the special purpose area in the district does not affect any
3840 powers or duties exercised in the special purpose area by the
3941 Sabine-Neches Navigation District or the Orange County Navigation
4042 and Port District.
4143 Sec. 5010.0604. TAXATION PROHIBITED. The district may not
4244 impose a tax in the special purpose area.
4345 SECTION 3. The Port of Beaumont Navigation District of
4446 Jefferson County, Texas, includes the following two tracts as a
4547 special purpose area for the purposes of Subchapter F, Chapter
4648 5010, Special District Local Laws Code:
4749 TRACT 1
4850 BEING 1875 ± acres of land and water, part of the Neches
4951 River, the Burr & Caswell Survey, Section No. 3, Abstract No. 393,
5052 the O.W. Keith Survey, Abstract No. 681, the Burr & Caswell Survey,
5153 Section Number 5, Abstract No. 406, the John Montez Survey,
5254 Abstract No. 175, the William Carroll Survey, Abstract No. 13, and
5355 the R.A. Greer Survey, Abstract No. 678, Jefferson County, Texas;
5456 said 1875 ± acre tract being more fully described by metes and
5557 bounds as follows, to wit:
5658 BEGINNING at a point on the intersection of the thread of the
5759 Neches River with the East line of the Joseph S. Johnston Survey,
5860 Abstract No. 34, same being the West line of the William Carroll
5961 Survey, Abstract No. 13, for the Northwest comer of the herein
6062 described tract; said point being an easterly comer of the current
6163 boundary of the Port of Beaumont Navigation District;
6264 THENCE, in a Southeasterly direction, on the meanders of the
6365 thread of the Neches River, a distance of 11.3 ± miles to its
6466 intersection with the current city limits of the City of Port
6567 Arthur, as described in Ordinance No. 2540, dated November 4, 1959,
6668 for the Northeast comer of the herein described tract;
6769 THENCE, in a Southwesterly direction, on the current city
6870 limits of the City of Port Arthur, a distance of 1007' ± to a point
6971 on the southwesterly bank of the Neches River where it meets the
7072 mouth of Molasses Bayou, for the Southeast comer of the herein
7173 described tract;
7274 THENCE, in a Northwesterly direction, on the southwesterly
7375 bank of the Neches River, and the Southwesterly bank of the Neches
7476 River Cut-Offs shown on Volume 9, Page 10, and Volume 6, Pages
7577 47-52, Map Records, Jefferson County, Texas, a distance of 9.1 ±
7678 miles to a point on the current limits of the Port of Beaumont
7779 Navigation District, same being the East line of the Joseph S.
7880 Johnston Survey, Abstract No. 34, and the West line of the William
7981 Carroll Survey, Abstract No. 13, for the Southwest comer of the
8082 herein described tract;
8183 THENCE, in Northerly direction, on the current limits of the
8284 Port of Beaumont Navigation District, same being the East line of
8385 the Joseph S. Johnston Survey, Abstract No. 34, and the West line of
8486 the William Carroll Survey, Abstract No. 13, a distance of 4050' ±
8587 to the POINT OF BEGINNING, and containing 1875 ± acres of land, more
8688 or less.
8789 TRACT 2
8890 BEING 265.4 ± acres of land, part of the Neches River, the
8991 William Stephenson Survey, Abstract No. 23, and the Gilbert
9092 Stevenson Survey, Abstract No. 167, Orange County, Texas; being all
9193 of a (Called 250) acre tract of land, known as Tract 12, described
9294 in a deed to Port of Beaumont Navigation District, recorded in
9395 Volume 123, Page 376, Deed Records, Orange County, Texas, and all of
9496 a (Called 108.9935) acre tract, described in a Quitclaim Deed to the
9597 Port of Beaumont Navigation District, recorded in Volume 955, Page
9698 34, Official Public Records, Orange County, Texas; said 265.4 ±
9799 acre tract being more fully described by metes and follows as
98100 follows, to wit:
99101 BEGINNING at a half-inch steel rod, capped and marked “
100102 SOUTEX”, found on the southeasterly line of a 225’ wide Kansas City
101103 Southern Railway Company right of way, formerly Texarkana & Fort
102104 Smith Railway Company, and the West line of a (Called 496.00) acre
103105 tract of land, known as Parcel 1, described in a deed to Optimus
104106 Steel, LLC, recorded in File No. 458665, Official Public Records,
105107 Orange County, Texas, for the most northerly corner of the herein
106108 described tract; said capped rod having coordinates of N:
107109 10052007.85, E: 4274200.44;
108110 THENCE, South 05 deg., 58 min., 02 sec., East, on the West
109111 line of the (Called 496.00) acre tract, a distance of 1894.32’ to a
110112 3” steel pipe found for corner on the common line of the Gilbert
111113 Stevenson Survey, Abstract No. 167 and the William Stephenson
112114 Survey, Abstract No. 23; said steel pipe having coordinates of N:
113115 10050123.79, E: 4274397.37;
114116 THENCE, South 06 deg., 06 min., 36 sec., East, continuing on
115117 the West line of the (Called 496.00) acre tract, and an extension
116118 thereof, at 2271.95’ passing a 1” steel pipe found for reference,
117119 and continuing a total distance of 2729.68’± to a point on the
118120 thread of the Neches River, for the Southeast corner of the herein
119121 described tract; said point for corner being on the current
120122 boundary of the Port of Beaumont Navigation District;
121123 THENCE, in a northwesterly direction, on the thread of the
122124 Neches River and the current limits of the Port of Beaumont
123125 Navigation District, a distance of 5143’± to a point on the
124126 southeasterly line of the 225’ wide Kansas City Southern Railway
125127 Company right of way, for the Southwest corner of the herein
126128 described tract;
127129 THENCE, North 45 deg. 36 min. 40 sec East, on the
128130 southeasterly line of said Kansas City Southern Railway Company
129131 right of way, a distance of 386.45’± to a point for corner;
130132 THENCE, continuing on the southeasterly line of said Kansas
131133 City Southern Railway Company right of way, on the arc of a curve to
132134 the right, having a radius of 2785.00’, an arc length of 477.92’, a
133135 chord bearing of North 50 deg., 07 min., 07 sec., East, a chord
134136 distance of 477.33’ to a point for corner;
135137 THENCE, North 55 deg., 02 min., 05 sec., East, continuing on
136138 the southeasterly line of said Kansas City Southern Railway right
137139 of way, a distance of 4430.21’ to the POINT OF BEGINNING and
138140 containing 265.4 ± acres of land and water, more or less.
139141 SECTION 4. (a) The legal notice of the intention to
140142 introduce this Act, setting forth the general substance of this
141143 Act, has been published as provided by law, and the notice and a
142144 copy of this Act have been furnished to all persons, agencies,
143145 officials, or entities to which they are required to be furnished
144146 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
145147 Government Code.
146148 (b) The governor, one of the required recipients, has
147149 submitted the notice and Act to the Texas Commission on
148150 Environmental Quality.
149151 (c) The Texas Commission on Environmental Quality has filed
150152 its recommendations relating to this Act with the governor, the
151153 lieutenant governor, and the speaker of the house of
152154 representatives within the required time.
153155 (d) All requirements of the constitution and laws of this
154156 state and the rules and procedures of the legislature with respect
155157 to the notice, introduction, and passage of this Act are fulfilled
156158 and accomplished.
157159 SECTION 5. This Act takes effect immediately if it receives
158160 a vote of two-thirds of all the members elected to each house, as
159161 provided by Section 39, Article III, Texas Constitution. If this
160162 Act does not receive the vote necessary for immediate effect, this
161163 Act takes effect September 1, 2021.
162- ______________________________ ______________________________
163- President of the Senate Speaker of the House
164- I hereby certify that S.B. No. 1643 passed the Senate on
165- April 19, 2021, by the following vote: Yeas 31, Nays 0.
166- ______________________________
167- Secretary of the Senate
168- I hereby certify that S.B. No. 1643 passed the House on
169- May 8, 2021, by the following vote: Yeas 130, Nays 9, two present
170- not voting.
171- ______________________________
172- Chief Clerk of the House
173- Approved:
174- ______________________________
175- Date
176- ______________________________
177- Governor