Texas 2021 - 87th Regular

Texas Senate Bill SB635 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 635
	1	+	By: Lucio S.B. No. 635
	2	+	(Lucio III)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the terms and qualifications of the members of the port
6	8		commission of, and the powers, duties, and territory of, the Port of
7	9		Harlingen Authority; authorizing the imposition of a tax.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 5013, Special District Local Laws Code,
10	12		is amended by designating Sections 5013.001 and 5013.002 as
11	13		Subchapter A and adding a subchapter heading to read as follows:
12	14		SUBCHAPTER A. GENERAL PROVISIONS
13	15		SECTION 2. Section 5013.001, Special District Local Laws
14	16		Code, is amended to read as follows:
15	17		Sec. 5013.001. DEFINITIONS [DEFINITION]. In this chapter:
16	18		(1) "Authority"[, "authority"] means the Port of
17	19		Harlingen Authority.
18	20		(2) "Port commission" means the governing body of the
19	21		authority.
20	22		(3) "Port commissioner" means a member of the port
21	23		commission.
22	24		(4) "Treasurer" means the treasurer of the authority.
23	25		SECTION 3. Subchapter A, Chapter 5013, Special District
24	26		Local Laws Code, as added by this Act, is amended by adding Section
25	27		5013.0025 to read as follows:
26	28		Sec. 5013.0025. AUTHORITY TERRITORY. The authority is
27	29		composed of the original territory of the district, as it may have
28	30		been amended by Subchapter H, Chapter 62, Water Code, or other law,
29	31		except the territory does not include any portion of Willacy
30	32		County.
31	33		SECTION 4. Chapter 5013, Special District Local Laws Code,
32	34		is amended by adding Subchapter B, and a heading is added to that
33	35		subchapter to read as follows:
34	36		SUBCHAPTER B. PORT COMMISSION
35	37		SECTION 5. Section 5013.003, Special District Local Laws
36	38		Code, is transferred to Subchapter B, Chapter 5013, Special
37	39		District Local Laws Code, as added by this Act, redesignated as
38	40		Section 5013.051, and amended to read as follows:
39	41		Sec. 5013.051 [5013.003]. GOVERNING BODY. (a) The
40	42		navigation and canal commission of the authority is called the port
41	43		commission and is composed of five port commissioners.
42	44		(b) The port commissioners shall be elected by the voters of
43	45		the district at large to positions numbered one through five.
44	46		(c) Port commissioners serve staggered four-year terms,
45	47		with port commissioners elected in odd-numbered years.
46	48		SECTION 6. Chapter 5013, Special District Local Laws Code,
47	49		is amended by adding Subchapters C and D to read as follows:
48	50		SUBCHAPTER C. POWERS AND DUTIES
49	51		Sec. 5013.101. TREASURER. (a) The port commission:
50	52		(1) shall hire or appoint a treasurer; and
51	53		(2) may terminate or suspend the employment or
52	54		appointment of the treasurer.
53	55		(b) The treasurer has the power and duties of a treasurer
54	56		under Chapters 60 and 62, Water Code.
55	57		(c) Notwithstanding Section 62.152, Water Code, the
56	58		treasurer shall pay all authority expenses from authority funds.
57	59		Sec. 5013.102. SALES AND LEASES. (a) Except as provided by
58	60		this section, the provisions of Subchapter C, Chapter 60, Water
59	61		Code, apply to all sales and leases entered into by the authority.
60	62		(b) Notwithstanding Section 60.039, Water Code, the
61	63		authority may enter into a surface lease for a period of not more
62	64		than 99 years.
63	65		(c) Notwithstanding Section 60.040, Water Code, the
64	66		authority is not required to publish notice for a sale, easement, or
65	67		lease for a period of not more than 99 years.
66	68		(d) Sections 60.041 and 60.042, Water Code, do not apply to
67	69		a bid on real property to be sold by the authority.
68	70		SUBCHAPTER D. FINANCIAL PROVISIONS
69	71		Sec. 5013.151. MAINTENANCE AND OPERATION TAX; TAX RATE.
70	72		(a) The authority may impose an ad valorem tax at a rate not to
71	73		exceed 10 cents on each $100 valuation of all taxable property in
72	74		the authority for the maintenance, operation, and upkeep of the
73	75		authority and the improvements constructed by the authority.
74	76		(b) The authority may change the rate or suspend collection
75	77		of the tax authorized by this section in the manner provided by law
76	78		for official action by the authority, subject to the limitation
77	79		prescribed by Subsection (a).
78	80		(c) Section 62.160, Water Code, does not apply to the
79	81		authority.
80	82		Sec. 5013.152. SELECTION OF DEPOSITORY. (a) Except as
81	83		provided by this section, the authority shall select a depository
82	84		for the authority in the manner provided by Section 60.271, Water
83	85		Code.
84	86		(b) The authority shall select a depository in a manner to
85	87		ensure that authority funds are fully insured by the Federal
86	88		Deposit Insurance Corporation or the National Credit Union Share
87	89		Insurance Fund.
88	90		(c) The authority may select more than one institution to
89	91		serve as a depository in order to comply with the requirement under
90	92		Subsection (b).
91	93		SECTION 7. (a) In this section, "authority," "port
92	94		commission," and "port commissioner" have the meanings assigned by
93	95		Section 5013.001, Special District Local Laws Code, as amended by
94	96		this Act.
95	97		(b) A port commissioner of the authority who is serving on
96	98		the day before the effective date of this Act shall serve until a
97	99		successor qualifies following an election under Subsection (c) of
98	100		this section.
99	101		(c) On the uniform election date in November 2021, the port
100	102		commission shall hold an election to elect two port commissioners,
101	103		numbered four and five.
102	104		(d) The three port commissioners serving on the effective
103	105		date of this Act shall draw lots to assign port commissioner numbers
104	106		one through three and determine which two port commissioners shall
105	107		serve a term expiring December 1, 2023, and which port commissioner
106	108		shall serve a term expiring December 1, 2025.
107	109		(e) On the uniform election date in November 2023, the port
108	110		commission shall hold an election to elect two port commissioners
109	111		to terms of four years.
110	112		(f) On the uniform election date in 2025, the port
111	113		commission shall hold an election to elect three port commissioners
112	114		to terms of four years.
113	115		SECTION 8. (a) The legal notice of the intention to
114	116		introduce this Act, setting forth the general substance of this
115	117		Act, has been published as provided by law, and the notice and a
116	118		copy of this Act have been furnished to all persons, agencies,
117	119		officials, or entities to which they are required to be furnished
118	120		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
119	121		Government Code.
120	122		(b) The governor, one of the required recipients, has
121	123		submitted the notice and Act to the Texas Commission on
122	124		Environmental Quality.
123	125		(c) The Texas Commission on Environmental Quality has filed
124	126		its recommendations relating to this Act with the governor, the
125	127		lieutenant governor, and the speaker of the house of
126	128		representatives within the required time.
127	129		(d) All requirements of the constitution and laws of this
128	130		state and the rules and procedures of the legislature with respect
129	131		to the notice, introduction, and passage of this Act are fulfilled
130	132		and accomplished.
131	133		SECTION 9. This Act takes effect immediately if it receives
132	134		a vote of two-thirds of all the members elected to each house, as
133	135		provided by Section 39, Article III, Texas Constitution. If this
134	136		Act does not receive the vote necessary for immediate effect, this
135	137		Act takes effect September 1, 2021.
136		-	______________________________ ______________________________
137		-	President of the Senate Speaker of the House
138		-	I hereby certify that S.B. No. 635 passed the Senate on
139		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
140		-	______________________________
141		-	Secretary of the Senate
142		-	I hereby certify that S.B. No. 635 passed the House on
143		-	April 30, 2021, by the following vote: Yeas 107, Nays 34, two
144		-	present not voting.
145		-	______________________________
146		-	Chief Clerk of the House
147		-	Approved:
148		-	______________________________
149		-	Date
150		-	______________________________
151		-	Governor