By: Vasut H.B. No. 5336
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of Port Freeport; limiting the
authority of certain municipalities to regulate land use by Port
Freeport; and the creation of a reinvestment zone containing
property owned by Port Freeport.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 5002, Special District Local Laws Code,
is amended by adding Subchapters D and E to read as follows:
SUBCHAPTER D. POWERS AND DUTIES
Sec. 5002.151. DEFINITIONS. As used in this chapter:
(1) “Port use” shall mean any use permitted or allowed
(with or without a special use permit) in the following zoning
districts under the zoning ordinance, or any additional use
subsequently permitted or allowed in the following zoning districts
under an amendment to the zoning ordinance:
(A) a zoning district designated as DT, C-1, C-2,
C-3 or W-1; or
(B) a zoning district designated as “IN”, other
than heavy industrial or other heavy industrial uses as defined in
the zoning ordinance.
(2) “Port zone” means:
(A) the lands within the protected zone that are
located both south of West Eighth Street and east of Cherry Street;
and
(B) all lands east of F.M. 1495 that are included
within the Plat and Dedication of the Freeport Townsite recorded in
Volume 2, at Page 95 of the Real Property Records of Brazoria
County, Texas.
(3) "Protected zone” means the portion of the
corporate limits of the City of Freeport as they exist on September
1, 2023 that lies within the enclosed space either:
(A) bounded by beginning at the intersection of
State Highway 36 and the center of the Brazos River, then north
along the center of the Brazos River to the intersection of the
center of the Brazos River and the center of the DOW fresh water
canal, then north and east along the center of the DOW fresh water
canal to the intersection of the center of the DOW fresh water canal
and Farm-to-Market Road 1495, then south along Farm-to- Market Road
1495 to the intersection of Farm-to-Market Road 1495 and State
Highway 36, and then west along State Highway 36 to the intersection
of State Highway 36 and the center of the Brazos River;
(B) within Brazoria County 2020 United States
Census tract 664501 blocks 2027, 2032, and 2034;
(C) bounded by beginning at the intersection of
Farm-to-Market Road 1495 and the Intercoastal Waterway, then west
along the Intercoastal Waterway to the intersection of the
Intercoastal Waterway and the Brazos River, then south along the
Brazos River to the Gulf of Mexico, then east along the Gulf of
Mexico to the intersection of a line extending from the southern
terminus of Farm-to-Market Road 1495 due south to the intersection
with the Gulf of Mexico, and then due north to the intersection of
Farm-to-Market Road 1495 and the Intercoastal Waterway; or
(D) located adjacent to the old Brazos River
channel and inside the floodgate, which is zoned as a W-1 District
under the zoning ordinance, and bounded by F.M. 1495 on the east,
S.H. 36 / S.H. 288 on the south, and the Brazos River diversion
channel on the west.
(4) "Zoning ordinance" means Chapter 155, Code of
Ordinances, of the City of Freeport, Texas in effect on January 1,
2023.
Sec. 5002.152. POWERS REGARDING PORTS AND FACILITIES.
Except as expressly set forth in section 5002.153 of this
subchapter, the district may:
(1) acquire by gift, purchase, or eminent domain and
own land adjacent or accessible by road, rail, or water to navigable
water and ports developed by the district that is necessary for the
development and operation of the navigable water or ports within
the district or necessary for or in aid of the development of
industries and businesses on that land; and
(2) construct, extend, improve, repair, maintain, and
reconstruct, cause to be constructed, extended, improved,
repaired, maintained, and reconstructed, and own, rent, lease, use,
and operate any facility of any kind necessary or convenient to the
exercise of the rights, powers, privileges, and functions granted
by this chapter.
Sec. 5002.153. LIMITATION ON ACQUISITION AND USE OF REAL
PROPERTY WITHIN THE CORPORATE LIMITS OF CERTAIN MUNICIPALITIES.
After the effective date of this Act, the district shall not:
(a) acquire by gift, purchase, or condemnation any real
property located within the protected zone unless:
(1) the acquisition is of a residential lot or lots for
which no change in the permitted use will be sought by the district;
or
(2) the acquisition is submitted to the qualified
voters of the municipality within which the real property is
located at an election held on a uniform election date and is
approved by a majority of the votes received at the election;
(b) use any property now owned or hereafter acquired by the
district in the port zone for anything other than a port use; or
(c) use any property now owned or hereafter acquired by the
district in the protected zone that is not in the port zone for
anything other than a use permitted under the zoning ordinance
unless such use is approved by the governing body of the
municipality in which such land is situated.
Sec. 5002.154. CALLING ELECTION. The governing body of a
municipality shall call for the election contemplated by Section
5002.153(c) to be held on the next allowable uniform election date
within thirty (30) days of the municipality’s receipt from the
district of a written request for the election and the description
of all property subject to the election.
Sec. 5002.155. REPLATTING OF LAND. (a) The district may
replat land owned by the district in accordance with Subchapter A,
Chapter 212, Local Government Code, for the purpose of combining
previously platted lots for development.
(b) The municipal authority responsible for approving the
plat shall approve a replat requested by the district for the
purposes set forth in this section within 60 days following receipt
of the application for replat.
SUBCHAPTER E. RELATIONSHIP WITH MUNICIPALITIES
Sec. 5002.201. DISTRICT PROPERTY SUBJECT TO MUNICIPAL
JURISDICTION. (a) This section applies only to property:
(1) owned or leased by the district; and
(2) located in:
(A) the district; and
(B) the boundaries or extraterritorial
jurisdiction of a municipality with a population of less than
20,000 that is wholly located in the district and whose corporate
limits border the Gulf of Mexico.
(b) Except as provided by subsection (c), the district has
exclusive land use jurisdiction over property to which this section
applies.
(c) This section does not apply to an ordinance, rule, or
other measure adopted by a municipality that:
(1) applies only to property within the boundaries of
the municipality;
(2) regulates only the safety of operations of the
municipality or reasonable aesthetics, including regulations
governing fire and emergency response, traffic, light, or noise;
(3) is commercially reasonable; and
(4) does not effectively prohibit development and
operation of industries and businesses on property owned or leased
by the district.
(d) Except as provided by Subsection (c), a municipality may
not adopt or enforce an ordinance, rule, or other measure that
prohibits or restricts:
(1) the acquisition or leasing of property to which
this section applies for a purpose described by Section 5002.152;
or
(2) the development of industries and businesses on
property to which this section applies.
Sec. 5002.202. MUNICIPAL CONSENT NOT REQUIRED. Municipal
consent is not required for the district to exercise a power or duty
under this chapter.
Sec. 5002.203. DESIGNATION OF REINVESTMENT ZONE UNDER
CHAPTER 312, TAX CODE. Notwithstanding Subchapter B, Chapter 312,
Tax Code, upon receipt of a written request by the district, the
commissioners court for the county where the property is located
may designate any property owned by the district as a reinvestment
zone or area for purposes of Chapter 312, Tax Code, if the
commissioners court finds the criteria set forth in Section
312.202, Tax Code, is met for the property as if the municipality in
which the property is located were creating the zone.
Sec. 5002.204. ENFORCEMENT OF SUBCHAPTER. (a) The
provisions of subchapters D and E may be enforced only through
mandamus or declaratory or injunctive relief. A political
subdivision's immunity from suit is waived in regard to an action
under this chapter.
(b) A court may award court costs and reasonable and
necessary attorney's fees to the prevailing party in an action
under this subchapter.
Sec. 5002.205. EFFECT OF INVALIDITY OF CERTAIN PROVISIONS.
(a) This section applies only to a municipality with a population
of more than 5,000 that is wholly located in the district and only
to property:
(1) owned or leased by the district;
(2) located in the district and within 7 miles of the
Gulf of Mexico; and
(3) located in the boundaries or extraterritorial
jurisdiction of a municipality that is subject to this section.
(b) If enforcement of any part of section 5002.201 is ever
permanently enjoined or held to be invalid or to violate the
requirements of the Texas Constitution by a final, non-appealable
order or judgment of a court of competent jurisdiction, then:
(1) all of section 5002.201 will be automatically
enjoined from enforcement; and
(2) the authority of a municipality subject to this
section to regulate property subject to this section under Chapter
211 or Chapter 212, Local Government Code or any local code or
ordinance shall be expressly preempted and Chapter 232, Local
Government Code shall exclusively apply to such property.
(c) If enforcement of any part of sections 5002.153 or
5002.154 is ever permanently enjoined or held to be invalid or to
violate the requirements of the Texas Constitution by a final,
non-appealable order or judgment of a court of competent
jurisdiction, then section 5002.201 will be automatically enjoined
from enforcement.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.