Texas 2025 - 89th Regular

Texas Senate Bill SB3032 Compare Versions

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

Old	New	Differences
1	1	89R7880 SCF-F
2	2	By: Creighton S.B. No. 3032
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the name and powers of the Sabine Pass Port Authority;
10	10	altering the terms of the authority's port commission; altering the
11	11	authority to issue bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Chapter 5012, Special District
14	14	Local Laws Code, is amended to read as follows:
15	15	CHAPTER 5012. PORT OF SABINE PASS [PORT AUTHORITY]
16	16	SECTION 2. Sections 5012.0001, 5012.0002, and 5012.0003,
17	17	Special District Local Laws Code, are amended to read as follows:
18	18	Sec. 5012.0001. DEFINITIONS. In this chapter:
19	19	(1) ["Authority" means the Sabine Pass Port Authority.
20	20	[(2)] "Commission" means the port's [authority's] port
21	21	commission.
22	22	(2) [(3)] "Commissioner" means a commission member.
23	23	(3) "Port" means the Port of Sabine Pass.
24	24	Sec. 5012.0002. LEGISLATIVE FINDINGS OF PURPOSE AND
25	25	BENEFIT. (a) The port [authority] is [a port district] essential
26	26	to accomplish the purposes of Section 52-a, Article III, and
27	27	Section 59, Article XVI, Texas Constitution, and other public
28	28	purposes stated in this chapter. By granting the port powers under
29	29	this chapter, the legislature has established a program to
30	30	accomplish the public purposes set out in Section 52-a, Article
31	31	III, Texas Constitution.
32	32	(b) The port serves a public use and benefit.
33	33	(c) All land and other property included [territory] in the
34	34	port will benefit [authority benefits] from the [authority's]
35	35	improvements and services to be provided by the port under powers
36	36	conferred by Section 52-a, Article III, and Section 59, Article
37	37	XVI, Texas Constitution, and other powers granted under this
38	38	chapter [, works, and facilities].
39	39	Sec. 5012.0003. PORT [AUTHORITY] TERRITORY. The port
40	40	[authority] is composed of the territory in Jefferson County
41	41	described by Section 1, Chapter 379, Acts of the 63rd Legislature,
42	42	Regular Session, 1973, as that territory may have been modified
43	43	under:
44	44	(1) Subchapter H, Chapter 62, Water Code; or
45	45	(2) other law.
46	46	SECTION 3. The heading to Subchapter B, Chapter 5012,
47	47	Special District Local Laws Code, is amended to read as follows:
48	48	SUBCHAPTER B. PORT [AUTHORITY] ADMINISTRATION
49	49	SECTION 4. Sections 5012.0051, 5012.0052, 5012.0053, and
50	50	5012.0054, Special District Local Laws Code, are amended to read as
51	51	follows:
52	52	Sec. 5012.0051. COMMISSION; TERMS; ELECTION. (a) The port
53	53	[authority] is governed by a commission composed of five elected
54	54	commissioners.
55	55	(b) Commissioners serve staggered four-year [two-year]
56	56	terms, with the appropriate number of [two] commissioners elected
57	57	in each even-numbered year on the uniform election date in May [and
58	58	three commissioners elected in each odd-numbered year].
59	59	(c) The commission:
60	60	(1) is the port's [authority's] governing body; and
61	61	(2) has the powers conferred on navigation and canal
62	62	commissioners of navigation districts and the commissioners court
63	63	by the Water Code.
64	64	Sec. 5012.0052. QUALIFICATIONS FOR OFFICE. Each
65	65	commissioner must:
66	66	(1) be a resident of the port [authority];
67	67	(2) own taxable property in the port [authority]; and
68	68	(3) be a qualified voter.
69	69	Sec. 5012.0053. NOTICE OF COMMISSIONERS' ELECTION. Notice
70	70	of a commissioner's election shall be:
71	71	(1) signed by the commission's presiding officer or
72	72	secretary; and
73	73	(2) posted in accordance with Section 4.003(b),
74	74	Election Code [given by publishing notice once each week for two
75	75	consecutive weeks in a newspaper with general circulation in the
76	76	authority, with the first publication being made not earlier than
77	77	the 60th day before the date of the election, and not later than the
78	78	21st day before the date of the election].
79	79	Sec. 5012.0054. ELECTION RESULTS. As soon as practicable
80	80	after each election held by the port [authority], the commission
81	81	shall declare the results of the election.
82	82	SECTION 5. Section 5012.0055(a), Special District Local
83	83	Laws Code, is amended to read as follows:
84	84	(a) Each commissioner shall:
85	85	(1) take an oath of office that contains the
86	86	applicable provisions provided by law for members of the
87	87	commissioners court; and
88	88	(2) execute a bond for $10,000 payable to the port
89	89	[authority], conditioned on the faithful performance of the
90	90	commissioner's duties as a commissioner.
91	91	SECTION 6. Section 5012.0056, Special District Local Laws
92	92	Code, is amended to read as follows:
93	93	Sec. 5012.0056. VOTING REQUIREMENT. The concurrence of a
94	94	majority of the commissioners present at a meeting where a quorum is
95	95	present is sufficient in any matter relating to port [authority]
96	96	business.
97	97	SECTION 7. Section 5012.0057(c), Special District Local
98	98	Laws Code, is amended to read as follows:
99	99	(c) The secretary shall be responsible for maintaining and
100	100	preserving the minutes, records, and other documents of the port
101	101	[authority].
102	102	SECTION 8. Sections 5012.0058, 5012.0101, 5012.0102,
103	103	5012.0103, and 5012.0104, Special District Local Laws Code, are
104	104	amended to read as follows:
105	105	Sec. 5012.0058. COMPENSATION OF COMMISSIONERS; EXPENSES.
106	106	(a) Each [Unless otherwise provided, each] commissioner is
107	107	entitled to receive $600 per month for the commissioner's services
108	108	[a fee of not more than $50 a day for each day of service necessary
109	109	to discharge the duties of a commissioner].
110	110	(b) Each commissioner is entitled to reimbursement for
111	111	actual expenses incurred on behalf of the port [authority] and
112	112	approved by the commission.
113	113	Sec. 5012.0101. GENERAL POWERS. The port [authority] may
114	114	exercise:
115	115	(1) the rights, privileges, and functions provided by
116	116	this chapter; and
117	117	(2) all powers, rights, privileges, and functions
118	118	conferred by Chapters 60 and 62, Water Code.
119	119	Sec. 5012.0102. POWERS REGARDING PORTS, WATERWAYS, AND
120	120	FACILITIES. The port [authority] may:
121	121	(1) acquire, take over, construct, maintain, repair,
122	122	operate, develop, and regulate wharves, docks, warehouses, grain
123	123	elevators, ship repair facilities, belt railways, lands, and all
124	124	other facilities or aids consistent with or necessary for the
125	125	operation or development of ports, waterways, or maritime commerce
126	126	inside or outside the port's [authority's] boundaries; and
127	127	(2) construct, extend, improve, repair, maintain,
128	128	reconstruct, own, use, and operate any facility necessary or
129	129	convenient to the exercise of such powers, rights, privileges, and
130	130	functions granted by this chapter.
131	131	Sec. 5012.0103. BYLAWS AND RULES. The port [authority] may
132	132	adopt bylaws and rules for the management and regulation of its
133	133	affairs.
134	134	Sec. 5012.0104. GIFT OR PURCHASE OF PROPERTY. The port
135	135	[authority] by gift or purchase may acquire any property or any
136	136	interest in property that is:
137	137	(1) inside or outside the port's [authority's]
138	138	boundaries; and
139	139	(2) necessary or convenient to exercising a power,
140	140	right, privilege, or function conferred on the port [authority] by
141	141	this chapter.
142	142	SECTION 9. Subchapter C, Chapter 5012, Special District
143	143	Local Laws Code, is amended by adding Section 5012.01045 to read as
144	144	follows:
145	145	Sec. 5012.01045. USE OF PORT PROPERTY. (a) The port may
146	146	use port property for:
147	147	(1) job creation and retention;
148	148	(2) economic development;
149	149	(3) industry;
150	150	(4) commerce;
151	151	(5) manufacturing;
152	152	(6) housing;
153	153	(7) recreation;
154	154	(8) infrastructure installation on port property; or
155	155	(9) any other activity essential to accomplish the
156	156	purposes of Section 52-a, Article III, Texas Constitution.
157	157	(b) For the purposes described by Subsection (a), the port
158	158	may:
159	159	(1) develop, construct, improve, maintain, equip, and
160	160	furnish buildings, equipment, facilities, or improvements on or to
161	161	port property; and
162	162	(2) lease port property on terms the commission
163	163	considers advisable to allow for the development, construction,
164	164	improvement, maintenance, equipping, and furnishing of buildings,
165	165	equipment, or facilities on or improvements to the property.
166	166	(c) The port may enter into a contract with another person
167	167	to accomplish the purposes of this section on terms the commission
168	168	considers appropriate, desirable, and in the port's best interests.
169	169	(d) The port may not issue bonds or other obligations
170	170	payable from ad valorem taxes to finance a project authorized under
171	171	this section.
172	172	SECTION 10. Sections 5012.0105, 5012.0106, 5012.0107, and
173	173	5012.0108, Special District Local Laws Code, are amended to read as
174	174	follows:
175	175	Sec. 5012.0105. EMINENT DOMAIN. (a) To exercise a power
176	176	provided by law, the port [authority] may exercise the power of
177	177	eminent domain to acquire any property and any interest in property
178	178	inside the port's [authority's] boundaries. The port [authority]
179	179	must exercise the power of eminent domain in the manner provided by
180	180	Chapter 21, Property Code.
181	181	(b) The port [authority] is a municipal corporation for the
182	182	purposes of Section 21.021, Property Code.
183	183	(c) The port [authority] is not required to give bond for
184	184	appeal or bond for costs in any judicial proceeding related to the
185	185	port's [authority's] exercise of eminent domain.
186	186	(d) The port's [authority's] authority to exercise the power
187	187	of eminent domain expired on September 1, 2013, unless the port
188	188	[authority] submitted a letter to the comptroller in accordance
189	189	with Section 2206.101(b), Government Code, not later than December
190	190	31, 2012.
191	191	Sec. 5012.0106. LEASE OF PORT [AUTHORITY] FACILITIES. A
192	192	lease under Section 60.101, Water Code, may contain any provision
193	193	the commission determines is advantageous to the port [authority],
194	194	including a provision for:
195	195	(1) the sale of a leased property at the termination of
196	196	the lease; and
197	197	(2) the management and operation of a leased property
198	198	by the port or lessee.
199	199	Sec. 5012.0107. SALE OF SURPLUS PROPERTY. The commission
200	200	may order port [authority] property sold as provided in Section
201	201	60.101, Water Code, if the property is not considered reasonably
202	202	required to carry out the port's [authority's] plans.
203	203	Sec. 5012.0108. GENERAL AUTHORITY TO MAKE CONTRACTS AND
204	204	EXECUTE INSTRUMENTS. The port [authority] may make a contract or
205	205	execute an instrument necessary or convenient to exercising a
206	206	power, right, privilege, or function conferred on the port
207	207	[authority] by this chapter.
208	208	SECTION 11. The heading to Section 5012.0109, Special
209	209	District Local Laws Code, is amended to read as follows:
210	210	Sec. 5012.0109. PURCHASES AND [COMPETITIVE BIDDING FOR
211	211	CERTAIN] CONTRACTS.
212	212	SECTION 12. Section 5012.0109(a), Special District Local
213	213	Laws Code, is amended to read as follows:
214	214	(a) The commission may make purchases and contracts as
215	215	provided by Subchapters N and O, Chapter 60, Water Code [Before the
216	216	commission enters into a contract for the expenditure of an amount
217	217	of $25,000 or more, the authority shall submit the proposed
218	218	contract for competitive bids as provided by this section].
219	219	SECTION 13. Sections 5012.0110, 5012.0111, 5012.0112, and
220	220	5012.0151, Special District Local Laws Code, are amended to read as
221	221	follows:
222	222	Sec. 5012.0110. OFFICERS, AGENTS, AND EMPLOYEES. The port
223	223	[authority] may employ, prescribe the duties of, and set the
224	224	compensation of officers, agents, and employees.
225	225	Sec. 5012.0111. SEAL. The port [authority] may adopt and
226	226	use a corporate seal.
227	227	Sec. 5012.0112. AUTHORITY TO SUE AND BE SUED. The port
228	228	[authority] may sue and be sued in its corporate name.
229	229	Sec. 5012.0151. MAINTENANCE AND OPERATIONS TAX. The
230	230	commission may impose an annual tax for the maintenance and
231	231	operation of the port [authority] and the port's [authority's]
232	232	improvements at a rate not to exceed 20 cents for each $100
233	233	valuation of taxable property in the port [authority].
234	234	SECTION 14. Section 5012.0152(b), Special District Local
235	235	Laws Code, is amended to read as follows:
236	236	(b) The tax assessor and collector shall execute a bond in
237	237	an amount set by the commission that is:
238	238	(1) at least twice the average daily balance of the
239	239	port [authority] in its depository for the preceding year; and
240	240	(2) not more than the estimated amount of revenues of
241	241	the port [authority] for any year.
242	242	SECTION 15. Section 5012.0153, Special District Local Laws
243	243	Code, is amended to read as follows:
244	244	Sec. 5012.0153. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS,
245	245	AND ISSUE ASSOCIATED REVENUE BONDS. The port [authority] may:
246	246	(1) borrow money for the port's [authority's]
247	247	corporate purposes consistent with the constitution, this chapter,
248	248	and Chapters 60-63, Water Code;
249	249	(2) borrow money or accept a grant from the United
250	250	States or from a corporation or agency created or designated by the
251	251	United States and, in connection with the loan or grant, enter into
252	252	any agreement the United States or the corporation or agency may
253	253	require; and
254	254	(3) make and issue bonds for money borrowed, in the
255	255	manner provided by this chapter.
256	256	SECTION 16. Section 5012.0154(a), Special District Local
257	257	Laws Code, is amended to read as follows:
258	258	(a) The port [authority] may:
259	259	(1) borrow money for current expenses; and
260	260	(2) evidence the borrowed money by warrants.
261	261	SECTION 17. Sections 5012.0201, 5012.0202, 5012.0203,
262	262	5012.0204, and 5012.0205, Special District Local Laws Code, are
263	263	amended to read as follows:
264	264	Sec. 5012.0201. AUTHORITY TO ISSUE BONDS; ELECTION. (a)
265	265	The port [authority] may issue bonds for any corporate purpose.
266	266	(b) The port [authority] may issue bonds for a purpose
267	267	described by Section 5012.0102(1) or to acquire necessary or proper
268	268	lands, rights of way, extension or improvements of belt railway
269	269	lines, or construction or improvements of wharves, docks, ship
270	270	repair facilities, or other facilities or aids to navigation.
271	271	(c) The port [authority] may secure bonds issued under
272	272	Subsection (b) by liens on properties acquired, constructed, or
273	273	improved and pledge available revenues as additional security.
274	274	(d) An election to approve the issuance of bonds payable
275	275	from taxes must be held in the manner provided for bond elections
276	276	under Chapter 1251 [54], Government [Water] Code.
277	277	Sec. 5012.0202. FORM OF BONDS. Port [Authority] bonds must
278	278	be:
279	279	(1) issued in the port's [authority's] name; and
280	280	(2) signed by the commission's presiding officer.
281	281	Sec. 5012.0203. TERMS OF ISSUANCE. Port [Authority] bonds
282	282	may be:
283	283	(1) sold for cash;
284	284	(2) issued on terms the commission determines in
285	285	exchange for any property, or any interest in property, that the
286	286	commission considers necessary or convenient for the corporate
287	287	purpose for which the bonds are issued; or
288	288	(3) issued in exchange for like principal amounts of
289	289	other obligations of the port [authority], whether matured or
290	290	unmatured.
291	291	Sec. 5012.0204. DEPOSIT OF PROCEEDS. The proceeds of sale
292	292	of port [authority] bonds shall be deposited in one or more banks or
293	293	trust companies, and shall be paid out according to the terms on
294	294	which the port [authority] and the purchasers of the bonds agree.
295	295	Sec. 5012.0205. RESOLUTION PROVISIONS. (a) A resolution
296	296	authorizing bonds may contain provisions approved by the commission
297	297	that are not inconsistent with this chapter, including provisions:
298	298	(1) reserving the right to redeem the bonds or
299	299	requiring the redemption of the bonds, at a time, in an amount, and
300	300	at a price, not to exceed 105 percent of the principal amount of the
301	301	bonds, plus accrued interest;
302	302	(2) providing for the setting aside of sinking funds
303	303	or reserve funds and the regulation and disposition of those funds;
304	304	(3) securing the payment of the principal of and
305	305	interest on the bonds and of the sinking fund or reserve fund
306	306	payments associated with the bonds by pledging:
307	307	(A) all or any part of the gross or net revenue
308	308	subsequently received by the port [authority] with respect to the
309	309	property to be acquired or constructed with the bonds or the
310	310	proceeds of the bonds; [or]
311	311	(B) all or any part of the gross or net revenue
312	312	subsequently received by the port [authority] from any source; or
313	313	(C) all or any part of any contract payments
314	314	received by the port, including payments received in lieu of taxes
315	315	under a tax abatement agreement entered into under Chapter 312, Tax
316	316	Code;
317	317	(4) securing the payment of the principal of and
318	318	interest on the bonds by pledging taxes;
319	319	(5) prescribing the purposes to which the bonds or any
320	320	bonds subsequently issued, or the proceeds of the bonds, may be
321	321	applied;
322	322	(6) agreeing to set and collect rates and charges
323	323	sufficient to produce revenue adequate to:
324	324	(A) pay all expenses necessary to the operation,
325	325	maintenance, and replacement of and additions to the port's
326	326	[authority's] property;
327	327	(B) pay the principal of, and the interest and
328	328	premium, if any, on bonds issued under this chapter when the bonds
329	329	become due and payable;
330	330	(C) pay all sinking fund or reserve fund payments
331	331	for those bonds out of those revenues as and when they become due
332	332	and payable;
333	333	(D) fulfill the terms of any agreements made with
334	334	the holders of the bonds or with any person on their behalf; and
335	335	(E) discharge all other lawful obligations of the
336	336	port [authority] as and when the obligations become due;
337	337	(7) prescribing limitations on the issuance of
338	338	additional bonds and subordinate lien bonds and on the agreements
339	339	that may be made with the purchasers and successive holders of those
340	340	bonds;
341	341	(8) regarding the construction, extension,
342	342	improvement, reconstruction, operation, maintenance, and repair of
343	343	the port's [authority's] properties and the carrying of insurance
344	344	on all or any part of those properties covering loss, damage, or
345	345	loss of use and occupancy resulting from specified risks;
346	346	(9) setting the procedure by which the port
347	347	[authority] may change the terms of a contract with the
348	348	bondholders, the amount of bonds the holders of which must consent
349	349	to that change, and the manner in which the consent may be given;
350	350	and
351	351	(10) providing for the execution and delivery by the
352	352	port [authority] to a bank or trust company authorized by law to
353	353	accept trusts, or to the United States or any officer of the United
354	354	States, of indentures and agreements for the benefit of the
355	355	bondholders setting forth any of the agreements authorized by this
356	356	chapter to be made with or for the benefit of the bondholders and
357	357	any other provisions that are customary in such indentures or
358	358	agreements.
359	359	(b) A provision authorized by this section that is contained
360	360	in a bond resolution is part of the contract between the port
361	361	[authority] and the bondholders.
362	362	SECTION 18. Sections 5012.0206(a) and (c), Special District
363	363	Local Laws Code, are amended to read as follows:
364	364	(a) The commission may declare an emergency because money is
365	365	not available to meet any of the port's [authority's] needs,
366	366	including to pay the principal of and interest on port [authority]
367	367	bonds.
368	368	(c) Bond anticipation notes issued by the port [authority]
369	369	must be taken up with the proceeds of the bonds, or the bonds may be
370	370	issued and delivered in exchange for the bond anticipation notes.
371	371	SECTION 19. Section 5012.0207, Special District Local Laws
372	372	Code, is amended to read as follows:
373	373	Sec. 5012.0207. REFUNDING BONDS. (a) The port [authority]
374	374	may make and issue bonds for the purpose of refunding or refinancing
375	375	outstanding bonds authorized and issued by the port [authority]
376	376	under this chapter or other law and the interest and any premium on
377	377	the bonds to maturity or on any earlier redemption date specified in
378	378	the resolution authorizing the issuance of the refunding bonds.
379	379	(b) Refunding bonds issued by the port [authority] may:
380	380	(1) be issued to refund more than one series of
381	381	outstanding bonds;
382	382	(2) combine the pledges of the outstanding bonds for
383	383	the security of the refunding bonds; or
384	384	(3) be secured by other or additional revenue.
385	385	(c) The provisions of this chapter regarding the issuance of
386	386	bonds, the terms and provisions of bonds, and the remedies of the
387	387	bondholders apply to refunding bonds issued by the port
388	388	[authority].
389	389	(d) The comptroller shall register the refunding bonds
390	390	issued by the port [authority] on the surrender and cancellation of
391	391	the bonds to be refunded.
392	392	(e) Instead of issuing bonds to be registered on the
393	393	surrender and cancellation of the bonds to be refunded, the port
394	394	[authority], in the resolution authorizing the issuance of
395	395	refunding bonds, may provide for the sale of the refunding bonds and
396	396	the deposit of the proceeds at the places at which the bonds to be
397	397	refunded are payable. In that case, the refunding bonds may be
398	398	issued in an amount sufficient to pay the interest and premium, if
399	399	any, on the bonds to be refunded to the bonds' maturity date or
400	400	specified earlier redemption date, and the comptroller shall
401	401	register the refunding bonds without the concurrent surrender and
402	402	cancellation of the bonds to be refunded.
403	403	(f) The port [authority] may also refund outstanding bonds
404	404	in the manner provided by Chapters 60-63, Water Code.
405	405	SECTION 20. Sections 5012.0109(b), (c), and (d), Special
406	406	District Local Laws Code, are repealed.
407	407	SECTION 21. (a) The Port of Sabine Pass shall hold an
408	408	election to elect five commissioners as described by Section
409	409	5012.0051, Special District Local Laws Code, as amended by this
410	410	Act, on the uniform election date in May 2026.
411	411	(b) The terms of the commissioners serving on the commission
412	412	of the Port of Sabine Pass on the effective date of this Act expire
413	413	on the date the commissioners elected under Subsection (a) of this
414	414	section have qualified.
415	415	(c) At the first meeting of the commissioners of the Port of
416	416	Sabine Pass that follows the election held under Subsection (a) of
417	417	this section, the five commissioners elected shall draw lots to
418	418	determine which three commissioners serve an initial term of two
419	419	years, and which two commissioners serve a term of four years.
420	420	SECTION 22. (a) The legal notice of the intention to
421	421	introduce this Act, setting forth the general substance of this
422	422	Act, has been published as provided by law, and the notice and a
423	423	copy of this Act have been furnished to all persons, agencies,
424	424	officials, or entities to which they are required to be furnished
425	425	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
426	426	Government Code.
427	427	(b) The governor, one of the required recipients, has
428	428	submitted the notice and Act to the Texas Commission on
429	429	Environmental Quality.
430	430	(c) The Texas Commission on Environmental Quality has filed
431	431	its recommendations relating to this Act with the governor, the
432	432	lieutenant governor, and the speaker of the house of
433	433	representatives within the required time.
434	434	(d) All requirements of the constitution and laws of this
435	435	state and the rules and procedures of the legislature with respect
436	436	to the notice, introduction, and passage of this Act are fulfilled
437	437	and accomplished.
438	438	SECTION 23. This Act takes effect September 1, 2025.