Bill Text: TX HB4759 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the powers and duties of the Port of Harlingen Authority; authorizing the imposition of a tax.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-23 - Recommendations filed with the Speaker [HB4759 Detail]
Download: Texas-2019-HB4759-Introduced.html
86R15495 GRM-D | ||
By: Lucio III | H.B. No. 4759 |
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relating to the powers and duties of the Port of Harlingen | ||
Authority; authorizing the imposition of a tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 5013, Special District Local Laws Code, | ||
as effective April 1, 2019, is amended by designating Sections | ||
5013.001 through 5013.003 as Subchapter A and adding a subchapter | ||
heading to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
SECTION 2. Section 5013.001, Special District Local Laws | ||
Code, as effective April 1, 2019, 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) "Treasurer" means the treasurer of the authority. | ||
SECTION 3. Chapter 5013, Special District Local Laws Code, | ||
as effective April 1, 2019, is amended by adding Subchapters B and C | ||
to read as follows: | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 5013.051. 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. 5013.052. 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 C. FINANCIAL PROVISIONS | ||
Sec. 5013.101. 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. 5013.102. 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 4. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act 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 Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act 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 this Act are fulfilled | ||
and accomplished. | ||
SECTION 5. This Act takes effect September 1, 2019. |