Texas 2021 - 87th Regular

Texas Senate Bill SB2186 Compare Versions

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

Old	New	Differences
1	1	87R16669 BRG-F
2	2	By: Hinojosa S.B. No. 2186
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, as effective April 1, 2021, 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, as effective April 1, 2021, is amended by adding
42	42	Sections 5016.0003 and 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, as effective April 1, 2021, 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 lands or flats previously purchased from the State of
65	65	Texas under former Article 8225, Revised Civil Statutes of Texas,
66	66	1925; or
67	67	(B) the corporate limits of the City of Robstown;
68	68	or
69	69	(2) property owned by Nueces County:
70	70	(A) that is leased to the authority or that the
71	71	authority has the right to develop or improve; and
72	72	(B) that is located in:
73	73	(i) the unincorporated areas of Nueces
74	74	County; or
75	75	(ii) the corporate limits of the City of
76	76	Robstown.
77	77	(b) The authority may use [naval] property to which this
78	78	section applies for [in ways that replace and enhance the economic
79	79	benefits generated by the former Naval Station Ingleside through
80	80	diversified activities, including uses to foster]:
81	81	(1) job creation and retention;
82	82	(2) economic development;
83	83	(3) industry;
84	84	(4) commerce;
85	85	(5) manufacturing;
86	86	(6) housing;
87	87	(7) recreation; [and]
88	88	(8) infrastructure installation on the [naval]
89	89	property; or
90	90	(9) any other activity essential to accomplish the
91	91	purposes of Section 52-a, Article III, Texas Constitution.
92	92	[(b) The port commission may:
93	93	[(1) declare any portion of naval property surplus if
94	94	the property is not needed for a navigation-related project; and
95	95	[(2) sell or lease the surplus property on terms the
96	96	port commission considers advisable to carry out the purposes of
97	97	this chapter.]
98	98	(c) For the purposes described by Subsection (b), the
99	99	authority may:
100	100	(1) develop, construct, improve, maintain, equip, and
101	101	furnish buildings, equipment, facilities, or improvements on or to
102	102	the property; and
103	103	(2) lease the property owned by the authority, on
104	104	terms as the port commission considers advisable, to allow for the
105	105	development, construction, improvement, maintenance, equipping,
106	106	and furnishing of buildings, equipment, facilities, or
107	107	improvements on or to the property [Notwithstanding any other law
108	108	and subject to the terms of this subsection, the authority may sell
109	109	or lease property declared surplus under this section with or
110	110	without public bidding. The authority may not sell naval property
111	111	declared surplus under this section in a private sale for less than
112	112	the property's fair market value. The authority shall obtain an
113	113	appraisal of the surplus property, which is conclusive evidence of
114	114	the surplus property's fair market value].
115	115	(d) The authority may contract with another person for
116	116	assistance in accomplishing the purposes of this section on terms
117	117	[by competitive bidding or negotiated contract as] the port
118	118	commission considers appropriate, desirable, and in the
119	119	authority's best interests.
120	120	(e) The authority may not issue bonds or other obligations
121	121	payable from ad valorem taxes to finance a project authorized under
122	122	this section.
123	123	SECTION 4. (a) The legal notice of the intention to
124	124	introduce this Act, setting forth the general substance of this
125	125	Act, has been published as provided by law, and the notice and a
126	126	copy of this Act have been furnished to all persons, agencies,
127	127	officials, or entities to which they are required to be furnished
128	128	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
129	129	Government Code.
130	130	(b) The governor, one of the required recipients, has
131	131	submitted the notice and Act to the Texas Commission on
132	132	Environmental Quality.
133	133	(c) The Texas Commission on Environmental Quality has filed
134	134	its recommendations relating to this Act with the governor, the
135	135	lieutenant governor, and the speaker of the house of
136	136	representatives within the required time.
137	137	(d) All requirements of the constitution and laws of this
138	138	state and the rules and procedures of the legislature with respect
139	139	to the notice, introduction, and passage of this Act are fulfilled
140	140	and accomplished.
141	141	SECTION 5. This Act takes effect immediately if it receives
142	142	a vote of two-thirds of all the members elected to each house, as
143	143	provided by Section 39, Article III, Texas Constitution. If this
144	144	Act does not receive the vote necessary for immediate effect, this
145	145	Act takes effect September 1, 2021.