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AN ACT
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relating to the terms and qualifications of the members of the port |
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commission of, and the powers, duties, and territory of, the Port of |
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Harlingen Authority; authorizing the imposition of a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 5013, Special District Local Laws Code, |
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is amended by designating Sections 5013.001 and 5013.002 as |
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Subchapter A and adding a subchapter heading to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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SECTION 2. Section 5013.001, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 5013.001. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Authority"[, "authority"] means the Port of |
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Harlingen Authority. |
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(2) "Port commission" means the governing body of the |
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authority. |
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(3) "Port commissioner" means a member of the port |
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commission. |
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(4) "Treasurer" means the treasurer of the authority. |
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SECTION 3. Subchapter A, Chapter 5013, Special District |
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Local Laws Code, as added by this Act, is amended by adding Section |
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5013.0025 to read as follows: |
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Sec. 5013.0025. AUTHORITY TERRITORY. The authority is |
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composed of the original territory of the district, as it may have |
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been amended by Subchapter H, Chapter 62, Water Code, or other law, |
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except the territory does not include any portion of Willacy |
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County. |
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SECTION 4. Chapter 5013, Special District Local Laws Code, |
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is amended by adding Subchapter B, and a heading is added to that |
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subchapter to read as follows: |
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SUBCHAPTER B. PORT COMMISSION |
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SECTION 5. Section 5013.003, Special District Local Laws |
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Code, is transferred to Subchapter B, Chapter 5013, Special |
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District Local Laws Code, as added by this Act, redesignated as |
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Section 5013.051, and amended to read as follows: |
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Sec. 5013.051 [5013.003]. GOVERNING BODY. (a) The |
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navigation and canal commission of the authority is called the port |
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commission and is composed of five port commissioners. |
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(b) The port commissioners shall be elected by the voters of |
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the district at large to positions numbered one through five. |
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(c) Port commissioners serve staggered four-year terms, |
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with port commissioners elected in odd-numbered years. |
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SECTION 6. Chapter 5013, Special District Local Laws Code, |
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is amended by adding Subchapters C and D to read as follows: |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 5013.101. TREASURER. (a) The port commission: |
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(1) shall hire or appoint a treasurer; and |
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(2) may terminate or suspend the employment or |
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appointment of the treasurer. |
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(b) The treasurer has the power and duties of a treasurer |
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under Chapters 60 and 62, Water Code. |
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(c) Notwithstanding Section 62.152, Water Code, the |
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treasurer shall pay all authority expenses from authority funds. |
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Sec. 5013.102. SALES AND LEASES. (a) Except as provided by |
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this section, the provisions of Subchapter C, Chapter 60, Water |
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Code, apply to all sales and leases entered into by the authority. |
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(b) Notwithstanding Section 60.039, Water Code, the |
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authority may enter into a surface lease for a period of not more |
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than 99 years. |
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(c) Notwithstanding Section 60.040, Water Code, the |
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authority is not required to publish notice for a sale, easement, or |
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lease for a period of not more than 99 years. |
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(d) Sections 60.041 and 60.042, Water Code, do not apply to |
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a bid on real property to be sold by the authority. |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 5013.151. MAINTENANCE AND OPERATION TAX; TAX RATE. |
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(a) The authority may impose an ad valorem tax at a rate not to |
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exceed 10 cents on each $100 valuation of all taxable property in |
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the authority for the maintenance, operation, and upkeep of the |
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authority and the improvements constructed by the authority. |
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(b) The authority may change the rate or suspend collection |
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of the tax authorized by this section in the manner provided by law |
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for official action by the authority, subject to the limitation |
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prescribed by Subsection (a). |
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(c) Section 62.160, Water Code, does not apply to the |
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authority. |
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Sec. 5013.152. SELECTION OF DEPOSITORY. (a) Except as |
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provided by this section, the authority shall select a depository |
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for the authority in the manner provided by Section 60.271, Water |
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Code. |
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(b) The authority shall select a depository in a manner to |
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ensure that authority funds are fully insured by the Federal |
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Deposit Insurance Corporation or the National Credit Union Share |
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Insurance Fund. |
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(c) The authority may select more than one institution to |
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serve as a depository in order to comply with the requirement under |
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Subsection (b). |
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SECTION 7. (a) In this section, "authority," "port |
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commission," and "port commissioner" have the meanings assigned by |
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Section 5013.001, Special District Local Laws Code, as amended by |
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this Act. |
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(b) A port commissioner of the authority who is serving on |
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the day before the effective date of this Act shall serve until a |
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successor qualifies following an election under Subsection (c) of |
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this section. |
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(c) On the uniform election date in November 2021, the port |
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commission shall hold an election to elect two port commissioners, |
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numbered four and five. |
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(d) The three port commissioners serving on the effective |
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date of this Act shall draw lots to assign port commissioner numbers |
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one through three and determine which two port commissioners shall |
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serve a term expiring December 1, 2023, and which port commissioner |
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shall serve a term expiring December 1, 2025. |
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(e) On the uniform election date in November 2023, the port |
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commission shall hold an election to elect two port commissioners |
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to terms of four years. |
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(f) On the uniform election date in 2025, the port |
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commission shall hold an election to elect three port commissioners |
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to terms of four years. |
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SECTION 8. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 635 passed the Senate on |
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April 19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 635 passed the House on |
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April 30, 2021, by the following vote: Yeas 107, Nays 34, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |