Bill Text: TX HB1053 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the administration, powers, and duties of certain navigation districts; authorizing the imposition of a tax.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB1053 Detail]
Download: Texas-2019-HB1053-Enrolled.html
H.B. No. 1053 |
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relating to the administration, powers, and duties of certain | ||
navigation districts; authorizing the imposition of a tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 404, Acts of the 53rd Legislature, | ||
Regular Session, 1953, is amended by adding Section 11 to read as | ||
follows: | ||
Sec. 11. (a) The District may sell, exchange, or lease | ||
real property or any interest in real property owned by it, whether | ||
the real property was acquired by gift or purchase, in settlement of | ||
any litigation, controversy, or claim in behalf of the District, or | ||
in any other manner, except that lands or flats heretofore | ||
purchased from the State of Texas under former Article 8225, | ||
Revised Civil Statutes of Texas, 1925, or granted by the State of | ||
Texas in any general or special act, may be sold only to the State of | ||
Texas or exchanged with the State of Texas for other lands or | ||
exchanged for adjacent littoral land as authorized by Section | ||
61.117, Water Code. The District may impose restrictions on the | ||
development, use, and transfer of any real property or interest in | ||
real property, other than lands or flats purchased from the State of | ||
Texas under former Article 8225, Revised Civil Statutes of Texas, | ||
1925, or granted by the State of Texas in any general or special | ||
act, in connection with its sale or exchange under this section. | ||
(b) Except as provided by Subsection (d) of this section, | ||
before the District may sell or exchange real property, the Board | ||
shall determine by resolution that the land is no longer needed for | ||
use by the District in connection with the development of a | ||
navigation project. | ||
(c) Except as provided by Subsection (d), (e), or (f) of | ||
this section, a sale or exchange of real property shall be made as | ||
provided by Sections 60.040-60.042, Water Code. | ||
(d) The District may donate, exchange, convey, sell, or | ||
lease land, improvements, easements, or any other interests in real | ||
property to promote an authorized project. For the purposes of this | ||
subsection, "authorized project" means a project that includes the | ||
land, buildings, equipment, facilities, expenditures, targeted | ||
infrastructure, and improvements that are: | ||
(1) for the purpose of economic development; and | ||
(2) found by the board of directors to be required or | ||
suitable for the development, retention, or expansion of: | ||
(A) manufacturing and industrial facilities; | ||
(B) research and development facilities; | ||
(C) military facilities; | ||
(D) law enforcement facilities; | ||
(E) transportation facilities; | ||
(F) sewage or solid waste disposal facilities; | ||
(G) recycling facilities; | ||
(H) air or water pollution control facilities; | ||
(I) facilities for the transmission and | ||
treatment of water; | ||
(J) distribution centers; | ||
(K) warehouse facilities; | ||
(L) education or job training facilities; or | ||
(M) corporate headquarters facilities. | ||
(e) The District may donate, exchange, convey, sell, or | ||
lease a real property interest under Subsection (d) of this section | ||
for less than its fair market value and without complying with the | ||
notice and bidding requirements of Sections 60.040-60.042, Water | ||
Code. | ||
(f) Narrow strips of real property resulting from boundary | ||
or surveying conflicts or similar causes, or from insubstantial | ||
encroachments by abutting real property owners, or real property of | ||
larger configuration that has been subject to encroachments by | ||
abutting real property owners for more than 25 years may be | ||
abandoned, released, exchanged, or transferred to such abutting | ||
owners on terms and conditions considered appropriate or | ||
advantageous to the District. The District may convey real | ||
property under this subsection for less than its fair market value | ||
and without complying with the notice and bidding requirements of | ||
Sections 60.040-60.042, Water Code. | ||
(g) The District may grant easements over or on its real | ||
property on terms and conditions the Board determines to be | ||
advantageous to the District. | ||
(h) The authority granted to the District by this section to | ||
dispose of interests in real property is in addition to any | ||
authority granted by Chapter 272, Local Government Code, and a | ||
disposition of an interest in real property under this section is | ||
exempt from the notice, bidding, and other requirements of Chapter | ||
272, Local Government Code. | ||
SECTION 2. Chapter 5013, Special District Local Laws Code, | ||
is amended by designating Sections 5013.001 and 5013.002 as | ||
Subchapter A and adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
SECTION 3. Section 5013.001, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 5013.001. DEFINITIONS [ |
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(1) "Authority"[ |
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Harlingen Authority. | ||
(2) "Port commission" means the governing body of the | ||
authority. | ||
(3) "Port commissioner" means a member of the port | ||
commission. | ||
(4) "Treasurer" means the treasurer of the authority. | ||
SECTION 4. Chapter 5013, Special District Local Laws Code, | ||
is amended by adding Subchapter B, and a heading is added to that | ||
subchapter to read as follows: | ||
SUBCHAPTER B. PORT COMMISSION | ||
SECTION 5. Section 5013.003, Special District Local Laws | ||
Code, is transferred to Subchapter B, Chapter 5013, Special | ||
District Local Laws Code, as added by this Act, redesignated as | ||
Section 5013.051, and amended to read as follows: | ||
Sec. 5013.051 [ |
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navigation and canal commission of the authority is called the port | ||
commission and is composed of port commissioners. | ||
(b) The port commission shall divide the territory of the | ||
authority into four numbered single-member districts for electing | ||
port commissioners. | ||
(c) The port commission may revise the single-member | ||
districts as necessary or appropriate. | ||
(d) The port commission consists of five port | ||
commissioners. One port commissioner is elected from each | ||
single-member district, and one port commissioner is elected from | ||
the authority at large. | ||
(e) Port commissioners serve staggered four-year terms. | ||
(f) The port commissioner elected from the authority at | ||
large serves as the presiding officer of the port commission. | ||
(g) The port commission shall hold an election to elect the | ||
appropriate number of port commissioners on the uniform election | ||
date in November of each odd-numbered year. | ||
SECTION 6. Chapter 5013, Special District Local Laws Code, | ||
is amended by adding Subchapters C and D to read as follows: | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 5013.101. TREASURER. (a) The port commission: | ||
(1) shall hire or appoint a treasurer; and | ||
(2) may terminate or suspend the employment or | ||
appointment of the treasurer. | ||
(b) The treasurer has the power and duties of a treasurer | ||
under Chapters 60 and 62, Water Code. | ||
(c) Notwithstanding Section 62.152, Water Code, the | ||
treasurer shall pay all authority expenses from authority funds. | ||
Sec. 5013.102. SALES AND LEASES. (a) Except as provided by | ||
this section, the provisions of Subchapter C, Chapter 60, Water | ||
Code, apply to all sales and leases entered into by the authority. | ||
(b) Notwithstanding Section 60.039, Water Code, the | ||
authority may enter into a surface lease for a period of not more | ||
than 99 years. | ||
(c) Notwithstanding Section 60.040, Water Code, the | ||
authority is not required to publish notice for a sale, easement, or | ||
lease for a period of not more than 99 years. | ||
(d) Sections 60.041 and 60.042, Water Code, do not apply to | ||
a bid on real property to be sold by the authority. | ||
SUBCHAPTER D. FINANCIAL PROVISIONS | ||
Sec. 5013.151. MAINTENANCE AND OPERATION TAX; TAX RATE. | ||
(a) The authority may impose an ad valorem tax at a rate not to | ||
exceed 10 cents on each $100 valuation of all taxable property in | ||
the authority for the maintenance, operation, and upkeep of the | ||
authority and the improvements constructed by the authority. | ||
(b) The authority may change the rate or suspend collection | ||
of the tax authorized by this section in the manner provided by law | ||
for official action by the authority, subject to the limitation | ||
prescribed by Subsection (a). | ||
(c) Section 62.160, Water Code, does not apply to the | ||
authority. | ||
Sec. 5013.152. SELECTION OF DEPOSITORY. (a) Except as | ||
provided by this section, the authority shall select a depository | ||
for the authority in the manner provided by Section 60.271, Water | ||
Code. | ||
(b) The authority shall select a depository in a manner to | ||
ensure that authority funds are fully insured by the Federal | ||
Deposit Insurance Corporation or the National Credit Union Share | ||
Insurance Fund. | ||
(c) The authority may select more than one institution to | ||
serve as a depository in order to comply with the requirement under | ||
Subsection (b). | ||
SECTION 7. (a) In this section, "authority," "port | ||
commission," and "port commissioner" have the meanings assigned by | ||
Section 5013.001, Special District Local Laws Code, as amended by | ||
this Act. | ||
(b) Not later than June 1, 2021, the port commission shall | ||
divide the territory of the authority into four numbered | ||
single-member districts as required by Section 5013.051, Special | ||
District Local Laws Code, as redesignated and amended by this Act. | ||
(c) A port commissioner of the authority who is serving on | ||
the day before the effective date of this Act shall serve until a | ||
successor qualifies following an election under Subsection (d) of | ||
this section. | ||
(d) On the uniform election date in November 2021, the port | ||
commission shall hold an election to elect one at-large port | ||
commissioner and four port commissioners from single-member | ||
districts. | ||
(e) The five port commissioners elected under Subsection | ||
(d) of this section shall draw lots to determine which two port | ||
commissioners shall serve a term expiring December 1, 2023, and | ||
which three port commissioners shall serve a term expiring December | ||
1, 2025. | ||
(f) On the uniform election date in November 2023, the port | ||
commission shall hold an election to elect two port commissioners | ||
to terms of four years. | ||
(g) On the uniform election date in 2025, the port | ||
commission shall hold an election to elect three port commissioners | ||
to terms of four years. | ||
SECTION 8. (a) The legal notice of the intention to | ||
introduce a bill relating to the administration, powers, and duties | ||
of the Port of Harlingen Authority, setting forth the general | ||
substance of a bill relating to the administration, powers, and | ||
duties of the Port of Harlingen Authority, has been published as | ||
provided by law, and the notice and a copy of a bill relating to the | ||
administration, powers, and duties of the Port of Harlingen | ||
Authority have been furnished to all persons, agencies, officials, | ||
or entities to which they are required to be furnished under Section | ||
59, Article XVI, Texas Constitution, and Chapter 313, Government | ||
Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and a copy of a bill relating to the | ||
administration, powers, and duties of the Port of Harlingen | ||
Authority to the Texas Commission on Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to a bill relating to the | ||
administration, powers, and duties of the Port of Harlingen | ||
Authority with the governor, the lieutenant governor, and the | ||
speaker of the house of representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of a bill relating to the | ||
administration, powers, and duties of the Port of Harlingen | ||
Authority are fulfilled and accomplished. | ||
SECTION 9. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1053 was passed by the House on April | ||
11, 2019, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 1053 on May 23, 2019, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 1053 on May 26, 2019, by the following vote: Yeas 144, | ||
Nays 0, 1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1053 was passed by the Senate, with | ||
amendments, on May 21, 2019, by the following vote: Yeas 27, Nays | ||
4; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
1053 on May 26, 2019, by the following vote: Yeas 27, Nays 4. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |