Texas 2023 - 88th Regular

Texas House Bill HB5336 Compare Versions

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1	1	H.B. No. 5336
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of Port Freeport; limiting the
6	6	authority of certain municipalities to regulate land use by Port
7	7	Freeport; and the creation of a reinvestment zone containing
8	8	property owned by Port Freeport.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 5002, Special District Local Laws Code,
11	11	is amended by adding Subchapters D and E to read as follows:
12	12	SUBCHAPTER D. POWERS AND DUTIES
13	13	Sec. 5002.151. DEFINITIONS. In this subchapter:
14	14	(1) “Port use” means any use permitted or allowed,
15	15	with or without a special use permit, in the following zoning
16	16	districts under the zoning ordinance, or any additional use
17	17	subsequently permitted or allowed in the following zoning districts
18	18	under an amendment to the zoning ordinance:
19	19	(A) a zoning district designated as DT, C-1, C-2,
20	20	C-3, or W-1; or
21	21	(B) a zoning district designated as “IN," other
22	22	than heavy industrial or other heavy industrial uses as defined in
23	23	the zoning ordinance.
24	24	(2) “Port zone” means:
25	25	(A) the lands within the protected zone that are
26	26	located both south of West Eighth Street and east of Cherry Street;
27	27	and
28	28	(B) all lands east of Farm-to-Market Road 1495
29	29	that are included within the Plat and Dedication of the Freeport
30	30	Townsite recorded in Volume 2, at Page 95 of the Brazoria County
31	31	Real Property Records.
32	32	(3) "Protected zone” means the portion of the
33	33	corporate limits of the City of Freeport as they exist on September
34	34	1, 2023, that lies:
35	35	(A) within the enclosed space bounded by
36	36	beginning at the intersection of State Highway 36 and the center of
37	37	the Brazos River, then north along the center of the Brazos River to
38	38	the intersection of the center of the Brazos River and the center of
39	39	the DOW fresh water canal, then north and east along the center of
40	40	the DOW fresh water canal to the intersection of the center of the
41	41	DOW fresh water canal and Farm-to-Market Road 1495, then south
42	42	along Farm-to-Market Road 1495 to the intersection of
43	43	Farm-to-Market Road 1495 and State Highway 36, and then west along
44	44	State Highway 36 to the intersection of State Highway 36 and the
45	45	center of the Brazos River;
46	46	(B) within Brazoria County 2020 United States
47	47	Census tract 664501 blocks 2027, 2032, and 2034;
48	48	(C) within the enclosed space bounded by
49	49	beginning at the intersection of Farm-to-Market Road 1495 and the
50	50	Intracoastal Waterway, then west along the Intracoastal Waterway to
51	51	the intersection of the Intracoastal Waterway and the Brazos River,
52	52	then south along the Brazos River to the Gulf of Mexico, then east
53	53	along the Gulf of Mexico to the intersection of a line extending
54	54	from the southern terminus of Farm-to-Market Road 1495 due south to
55	55	the intersection with the Gulf of Mexico, and then due north to the
56	56	intersection of Farm-to-Market Road 1495 and the Intracoastal
57	57	Waterway;
58	58	(D) adjacent to the old Brazos River channel and
59	59	inside the floodgate, which is zoned as a W-1 District under the
60	60	zoning ordinance, and bounded by Farm-to-Market Road 1495 on the
61	61	west;
62	62	(E) within the portion of Brazoria County 2020
63	63	United States Census tract 664200 blocks 2059, 2060, and 2061 that
64	64	lies within 3,500 feet of the centerline of State Highway 332;
65	65	(F) within the 13.316 acre tract of land
66	66	described in that certain Deed recorded in Volume 11199, at Page 471
67	67	of the Brazoria County Real Property Records; or
68	68	(G) within the 56.751 acre tract of land
69	69	described in that certain Deed of Exchange recorded in Volume
70	70	86286, at Page 927 of the Brazoria County Real Property Records.
71	71	(4) "Zoning ordinance" means Chapter 155, Code of
72	72	Ordinances, of the City of Freeport, Texas in effect on January 1,
73	73	2023.
74	74	Sec. 5002.152. POWERS REGARDING PORTS AND FACILITIES.
75	75	Except as provided by Section 5002.153, the district may:
76	76	(1) acquire by gift, purchase, or eminent domain and
77	77	own land adjacent or accessible by road, rail, or water to navigable
78	78	water and ports developed by the district that is necessary for the
79	79	development and operation of the navigable water or ports within
80	80	the district or necessary for or in aid of the development of
81	81	industries and businesses on that land; and
82	82	(2) construct, extend, improve, repair, maintain, and
83	83	reconstruct, cause to be constructed, extended, improved,
84	84	repaired, maintained, and reconstructed, and own, rent, lease, use,
85	85	and operate any facility of any kind necessary or convenient to the
86	86	exercise of the rights, powers, privileges, and functions granted
87	87	by this chapter.
88	88	Sec. 5002.153. LIMITATION ON ACQUISITION AND USE OF REAL
89	89	PROPERTY WITHIN THE CORPORATE LIMITS OF CERTAIN MUNICIPALITIES.
90	90	After the effective date of the Act enacting this section, the
91	91	district shall not:
92	92	(1) acquire by gift, purchase, or condemnation any
93	93	real property located within the protected zone unless:
94	94	(A) the acquisition is of a residential lot or
95	95	lots for which no change in the permitted use will be sought by the
96	96	district; or
97	97	(B) the acquisition is submitted to the qualified
98	98	voters of the municipality within which the real property is
99	99	located at an election held on a uniform election date and is
100	100	approved by a majority of the votes received at the election;
101	101	(2) use any property owned or acquired by the district
102	102	in the port zone for anything other than a port use; or
103	103	(3) use any property owned or acquired by the district
104	104	in the protected zone that is not in the port zone for anything
105	105	other than a use permitted under the zoning ordinance unless the use
106	106	is approved by the governing body of the municipality in which the
107	107	land is located.
108	108	Sec. 5002.154. CALLING ELECTION. The governing body of a
109	109	municipality shall call an election under Section 5002.153(1)(B) to
110	110	be held on the next uniform election date within 30 days of the
111	111	municipality’s receipt from the district of a written request for
112	112	the election and the description of all property subject to the
113	113	election.
114	114	Sec. 5002.155. REPLATTING OF LAND. (a) The district may
115	115	replat land owned by the district in accordance with Subchapter A,
116	116	Chapter 212, Local Government Code, for the purpose of combining
117	117	previously platted lots for development.
118	118	(b) The municipal authority responsible for approving the
119	119	plat shall approve a replat requested by the district for the
120	120	purposes set forth in this section within 60 days following receipt
121	121	of the application for replat.
122	122	(c) The provisions of Subsection (b) do not apply to the
123	123	replatting of land by the district if the replat creates or proposes
124	124	municipally owned or municipally maintained public right-of-way or
125	125	municipally owned or municipally maintained water, wastewater, or
126	126	stormwater infrastructure within the property being platted.
127	127	SUBCHAPTER E. RELATIONSHIP WITH MUNICIPALITIES
128	128	Sec. 5002.201. DISTRICT PROPERTY SUBJECT TO MUNICIPAL
129	129	JURISDICTION. (a) This section applies only to property:
130	130	(1) owned or leased by the district; and
131	131	(2) located in:
132	132	(A) the district; and
133	133	(B) the boundaries or extraterritorial
134	134	jurisdiction of a municipality with a population of less than
135	135	20,000 that is wholly located in the district and whose corporate
136	136	limits border the Gulf of Mexico.
137	137	(b) Except as provided by Subsection (c), the district has
138	138	exclusive land use jurisdiction over property to which this section
139	139	applies.
140	140	(c) This section does not apply to an ordinance, rule, or
141	141	other measure adopted by a municipality that:
142	142	(1) applies only to property within the boundaries of
143	143	the municipality;
144	144	(2) regulates only the safety of the operations of the
145	145	municipality or reasonable aesthetics, including regulations
146	146	governing fire and emergency response, traffic, light, or noise;
147	147	(3) is commercially reasonable; and
148	148	(4) does not effectively prohibit development and
149	149	operation of industries and businesses on property owned or leased
150	150	by the district that are built in accordance with building codes
151	151	adopted by the district that meet or exceed the building codes
152	152	adopted by the local municipality.
153	153	(d) A municipality may conduct inspections to verify
154	154	compliance with Subsection (c) if the inspections are conducted in
155	155	a timely manner, and any differences in interpretation of
156	156	applicable codes are determined in favor of the district.
157	157	(e) Except as provided by Subsection (c), a municipality may
158	158	not adopt or enforce an ordinance, rule, or other measure that
159	159	prohibits or restricts:
160	160	(1) the acquisition or leasing of property to which
161	161	this section applies for a purpose described by Section 5002.152;
162	162	or
163	163	(2) the development of industries and businesses on
164	164	property to which this section applies.
165	165	Sec. 5002.202. MUNICIPAL CONSENT NOT REQUIRED. Municipal
166	166	consent is not required for the district to exercise a power or duty
167	167	under this chapter.
168	168	Sec. 5002.203. DESIGNATION OF REINVESTMENT ZONE.
169	169	Notwithstanding Subchapter B, Chapter 312, Tax Code, the district
170	170	may submit a written request to the commissioners court of a county
171	171	in which a property owned by the district is located for the
172	172	commissioners court to designate the property as a reinvestment
173	173	zone or area for the purposes of Chapter 312, Tax Code. The
174	174	commissioners court may designate the property as a reinvestment
175	175	zone or area if the commissioners court finds the criteria set forth
176	176	in Section 312.202, Tax Code, are met for the property as if a
177	177	municipality in which the property is located were creating the
178	178	zone.
179	179	Sec. 5002.204. ENFORCEMENT OF SUBCHAPTERS. (a) The
180	180	provisions of Subchapters D and E may be enforced only through
181	181	mandamus or declaratory or injunctive relief. A political
182	182	subdivision's immunity from suit is waived in regard to an action
183	183	under this subchapter.
184	184	(b) A court may award court costs and reasonable and
185	185	necessary attorney's fees to the prevailing party in an action
186	186	under this subchapter.
187	187	Sec. 5002.205. EFFECT OF INVALIDITY OF CERTAIN PROVISIONS.
188	188	(a) This section applies only to a municipality with a population
189	189	of more than 5,000 that is wholly located in the district and to
190	190	property:
191	191	(1) owned or leased by the district;
192	192	(2) located in the district and within seven miles of
193	193	the Gulf of Mexico; and
194	194	(3) located in the corporate limits or
195	195	extraterritorial jurisdiction of a municipality that is subject to
196	196	this section.
197	197	(b) If enforcement of any part of Section 5002.201 is ever
198	198	permanently enjoined or held to be invalid or to violate the
199	199	requirements of the Texas Constitution by a final, non-appealable
200	200	order or judgment of a court of competent jurisdiction, other than
201	201	pursuant to an action initiated by the district, then:
202	202	(1) all of Section 5002.201 will be automatically
203	203	enjoined from enforcement; and
204	204	(2) the authority of a municipality subject to this
205	205	section to regulate property subject to this section under Chapter
206	206	211 or 212, Local Government Code, or any local code or ordinance
207	207	shall be expressly preempted and Chapter 232, Local Government
208	208	Code, shall exclusively apply to such property.
209	209	(c) If enforcement of any part of Section 5002.153 or
210	210	5002.154 is ever permanently enjoined or held to be invalid or to
211	211	violate the requirements of the Texas Constitution by a final,
212	212	non-appealable order or judgment of a court of competent
213	213	jurisdiction, other than pursuant to an action initiated by a
214	214	municipality, then Section 5002.201 will be automatically enjoined
215	215	from enforcement.
216	216	SECTION 2. This Act takes effect immediately if it receives
217	217	a vote of two-thirds of all the members elected to each house, as
218	218	provided by Section 39, Article III, Texas Constitution. If this
219	219	Act does not receive the vote necessary for immediate effect, this
220	220	Act takes effect September 1, 2023.
221	221	______________________________ ______________________________
222	222	President of the Senate Speaker of the House
223	223	I certify that H.B. No. 5336 was passed by the House on May 9,
224	224	2023, by the following vote: Yeas 131, Nays 11, 2 present, not
225	225	voting; and that the House concurred in Senate amendments to H.B.
226	226	No. 5336 on May 25, 2023, by the following vote: Yeas 139, Nays 0,
227	227	1 present, not voting.
228	228	______________________________
229	229	Chief Clerk of the House
230	230	I certify that H.B. No. 5336 was passed by the Senate, with
231	231	amendments, on May 21, 2023, by the following vote: Yeas 29, Nays
232	232	2.
233	233	______________________________
234	234	Secretary of the Senate
235	235	APPROVED: __________________
236	236	Date
237	237	__________________
238	238	Governor