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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Presidio International Port |
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Authority District; providing authority to issue bonds; providing |
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authority to impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3797 to read as follows: |
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CHAPTER 3797. PRESIDIO INTERNATIONAL PORT AUTHORITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3797.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the authority's board of directors. |
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(2) "City" means the city of Presidio. |
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(3) "County" means Presidio County. |
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(4) "Director" means a board member. |
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(5) "District" means the Presidio International Port |
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Authority District. |
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(6) "School district" means Presidio Independent |
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School District. |
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Sec. 3797.0102. NATURE OF DISTRICT. The Presidio |
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International Port Authority District is a special district created |
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under Section 59, Article XVI, Texas Constitution. |
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Sec. 3797.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. |
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(b) By creating the district and in authorizing the county, |
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the city, the school district, and other political subdivisions to |
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contract with the district, the legislature has established a |
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program to accomplish the public purposes set out in Section 52-a, |
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Article III, Texas Constitution. |
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(c) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(d) The district is created to serve the interests of the |
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residents of the district and the general public by improving the |
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Presidio port of entry and encouraging international trade. |
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(e) This chapter and the creation of the district may not be |
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interpreted to relieve the county or the city from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant county or city services |
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provided in the district. |
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Sec. 3797.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; |
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(3) developing or expanding transportation and |
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commerce; and |
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(4) developing and expanding international trade. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center, |
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including by developing, constructing, owning, operating, and |
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improving industrial parks; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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(4) provide for water, wastewater, drainage, rail, and |
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road facilities for the district; and |
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(5) provide for international border facilities, |
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industrial parks, air transportation facilities, intermodal |
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facilities, and foreign trade zones in the district. |
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(e) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3797.0105. INITIAL DISTRICT TERRITORY. The district |
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is initially composed of the territory in Presidio County. |
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Sec. 3797.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) a foreign trade zone. |
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Sec. 3797.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3797.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3797.0201. GOVERNING BODY; TERMS. The district is |
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governed by a board of seven voting directors who serve staggered |
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terms of four years with three or four directors' terms expiring |
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June 1 of each odd-numbered year. |
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Sec. 3797.0202. QUALIFICATIONS AND APPOINTMENT OF VOTING |
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DIRECTORS. (a) Section 375.063, Local Government Code, does not |
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apply to the district. |
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(b) To be qualified to serve as a director, a person must be |
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at least 18 years of age. |
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(c) From persons recommended by the board in the manner |
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provided by Section 375.064, Local Government Code, the governing |
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body of the county shall appoint three directors and the governing |
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body of the city shall appoint two directors. Each of the appointed |
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directors must be: |
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(1) an owner of property in the district; |
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(2) an owner of a beneficial interest in a trust, or a |
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trustee in a trust, that directly or indirectly owns property in the |
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district; |
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(3) an agent, employee, or tenant of a person |
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described by Subdivision (1) or (2); or |
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(4) a person involved in international trade |
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activities in the district. |
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(d) In addition to the directors appointed under Subsection |
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(c), notwithstanding the common law doctrine of incompatibility, |
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the mayor of the city and the county judge of the county serve as |
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directors of the district, except as provided by Subsection (e). |
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Notwithstanding Section 3797.0201, the term of a director who is |
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also the mayor of the city or the county judge of the county expires |
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when the member's term as mayor or county judge, as applicable, |
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expires. |
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(e) The mayor of the city or the county judge of the county |
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may decline to serve as a director. If the mayor of the city |
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declines to serve, the governing body of the city shall appoint an |
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alternate director in the manner provided by Subsection (c). If the |
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county judge of the county declines to serve, the county shall |
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appoint an alternate director in the manner provided by Subsection |
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(c). |
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(f) A director described by Subsection (d) may not |
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participate in a discussion of or vote on a matter regarding a |
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contract with the political subdivision for which the person serves |
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as an officer. |
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Sec. 3797.0203. NONVOTING DIRECTORS. The board may appoint |
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representatives of taxing entities in the district to serve as |
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nonvoting directors. |
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Sec. 3797.0204. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through four expire June 1, 2025, and |
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the terms of directors appointed for positions five through seven |
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expire June 1, 2027. |
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(c) Section 3797.0202 does not apply to initial directors |
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appointed by this section. |
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(d) This section expires September 1, 2027. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3797.0301. GENERAL POWERS AND DUTIES. (a) The |
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district has the powers and duties necessary to accomplish the |
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purposes for which the district is created. |
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(b) Section 375.092(e), Local Government Code, applies to |
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real property located inside or outside the district. |
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Sec. 3797.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) |
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The district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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(d) The county, the school district, the Big Bend Regional |
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Hospital District, and any other local government or political |
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subdivision may contract with the district to provide for |
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financing, construction, maintenance, and operation of public |
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infrastructure or to carry out a district purpose. |
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(e) The district may not undertake a project on land owned |
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by the city unless the city consents to the project. |
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Sec. 3797.0303. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3797.0304. AUTHORITY TO CONTRACT FOR PUBLIC SAFETY |
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SERVICES. To protect the public interest, the district may |
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contract with a qualified party, including a municipality, the |
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county, or any other governmental entity to provide law |
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enforcement, public safety, fire protection, ambulance, emergency, |
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or code enforcement services in the district for a fee. |
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Sec. 3797.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3797.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may engage in activities that accomplish the economic |
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development purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3797.0307. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3797.0308. INTERNATIONAL BORDER FACILITIES. (a) The |
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district may operate and maintain a port of entry in the district. |
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(b) The district may acquire, lease as lessor or lessee, |
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construct, develop, own, operate, and maintain bridge facilities, a |
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system of international border crossing points, or other structures |
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or accommodations facilitating international trade and related |
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appurtenances. |
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(c) The facilities described by this section serve the |
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public purposes of the district and are owned, used, and held for a |
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public purpose even if leased or operated by a private entity for a |
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term of years. |
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(d) The district's bridge facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(e) The development and operation of the facilities |
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described by this section may be considered an economic development |
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program. |
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Sec. 3797.0309. RAIL FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain rail facilities, and related appurtenances, |
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to facilitate international trade. |
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(b) The district's rail facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The development and operation of the district's rail |
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facilities may be considered an economic development program. |
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Sec. 3797.0310. TRANSPORTATION FACILITIES. (a) The |
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district may acquire, lease as lessor or lessee, construct, |
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develop, own, operate, and maintain facilities related to air |
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transportation and intermodal facilities. |
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(b) The district's air transportation and intermodal |
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facilities serve the public purposes of the district and are owned, |
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used, and held for a public purpose even if leased or operated by a |
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private entity for a term of years. |
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(c) The development and operation of the district's air |
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transportation and intermodal facilities may be considered an |
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economic development program. |
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Sec. 3797.0311. REGIONAL MOBILITY AUTHORITY POWERS. The |
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district may exercise the transportation project powers of a |
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regional mobility authority under Chapter 370, Transportation |
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Code, for a transportation project, as defined by Section 370.003, |
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Transportation Code. |
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Sec. 3797.0312. FEES. The district may establish and |
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maintain reasonable and nondiscriminatory rates, fares, charges, |
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rents, or other fees or compensation for the use of facilities |
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constructed, operated, or maintained by the district. |
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Sec. 3797.0313. FOREIGN TRADE ZONE. (a) In this section, |
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"foreign trade zone" has the meaning assigned by Section 681.001, |
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Business & Commerce Code. |
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(b) The district may apply for, accept a grant of authority |
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to, and establish, operate, and maintain a foreign trade zone, |
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including the selection and description of the foreign trade zone |
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and subzones. |
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(c) An authorization under this section is subject to the |
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requirements of federal law and regulations established to carry |
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out the provisions of the Foreign Trade Zones Act (19 U.S.C. Section |
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81a et seq.). |
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Sec. 3797.0314. ADDING OR EXCLUDING LAND. The district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 3797.0315. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3797.0316. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to the district. |
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Sec. 3797.0317. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 3797.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3797.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3797.0501. TAX ELECTION REQUIRED. The district must |
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hold an election in the manner provided by Chapter 49, Water Code, |
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or, if applicable, Chapter 375, Local Government Code, to obtain |
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voter approval before the district may impose an ad valorem tax. |
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Sec. 3797.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election under Section 3797.0501, the district may impose an |
|
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operation and maintenance tax on taxable property in the district |
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in the manner provided by Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the operation and maintenance |
|
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tax rate. The rate may not exceed the rate approved at the |
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election. |
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Sec. 3797.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
|
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BONDS. (a) The district may borrow money on terms determined by |
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the board. |
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(b) The district may issue bonds, notes, or other |
|
|
obligations payable wholly or partly from ad valorem taxes, |
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|
assessments, impact fees, revenue, contract payments, grants, or |
|
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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Sec. 3797.0504. BONDS SECURED BY REVENUE OR CONTRACT |
|
|
PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue other than ad valorem taxes, including |
|
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contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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|
Sec. 3797.0505. BONDS SECURED BY AD VALOREM TAXES; |
|
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ELECTIONS. (a) If authorized at an election under Section |
|
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3797.0501, the district may issue bonds payable from ad valorem |
|
|
taxes. |
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|
(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
|
|
(c) At the time the district issues bonds payable wholly or |
|
|
partly from ad valorem taxes, the board shall provide for the annual |
|
|
imposition of a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, for each year that all or part of the |
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bonds are outstanding as required and in the manner provided by |
|
|
Sections 54.601 and 54.602, Water Code. |
|
|
(d) All or any part of any facilities or improvements that |
|
|
may be acquired by a district by the issuance of its bonds may be |
|
|
submitted as a single proposition or as several propositions to be |
|
|
voted on at the election. |
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|
Sec. 3797.0506. CONSENT OF CITY REQUIRED. (a) The board |
|
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may not issue bonds until the city has consented by ordinance or |
|
|
resolution to the creation of the district and to the inclusion of |
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municipal territory in the district. |
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|
(b) This section applies only to the district's first |
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issuance of bonds payable from ad valorem taxes. |
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SUBCHAPTER F. DEFINED AREAS |
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Sec. 3797.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 3797.0602. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax applicable only to the defined |
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area or designated property or issue bonds payable from ad valorem |
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taxes of the defined area or designated property, the board shall |
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hold an election in the defined area or designated property only. |
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(b) The board may submit the proposition to the voters on |
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the same ballot to be used in another election. |
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Sec. 3797.0603. DECLARING RESULT AND ISSUING ORDER. (a) If |
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a majority of the voters voting at an election held under Section |
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3797.0602 approve the proposition or propositions, the board shall |
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declare the results and, by order, shall establish the defined area |
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or designated property and describe it by metes and bounds or |
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designate the specific area or property. |
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(b) A court may not review the board's order except on the |
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ground of fraud, palpable error, or arbitrary and confiscatory |
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abuse of discretion. |
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Sec. 3797.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of an order described by Section 3797.0603, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 3797.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR |
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DESIGNATED PROPERTY. After an order under Section 3797.0603 is |
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adopted, the district may issue bonds to provide for any land, |
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improvements, facilities, plants, equipment, and appliances for |
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the defined area or designated property. |
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SUBCHAPTER I. DISSOLUTION |
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Sec. 3797.0901. DISSOLUTION. (a) The board shall dissolve |
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the district on written petition filed with the board by the owners |
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of: |
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(1) 66 percent or more of the assessed value of the |
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property subject to assessment by the district based on the most |
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recent certified county property tax rolls; or |
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(2) 66 percent or more of the surface area of the |
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district, excluding roads, streets, highways, utility |
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rights-of-way, other public areas, and other property exempt from |
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assessment by the district according to the most recent certified |
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county property tax rolls. |
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(b) The board by majority vote may dissolve the district at |
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any time. |
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(c) The district may not be dissolved by its board under |
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Subsection (a) or (b) if the district: |
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(1) has any outstanding bonded indebtedness until that |
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bonded indebtedness has been repaid or defeased in accordance with |
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the order or resolution authorizing the issuance of the bonds; |
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(2) has a contractual obligation to pay money until |
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that obligation has been fully paid in accordance with the |
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contract; or |
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(3) owns, operates, or maintains public works, |
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facilities, or improvements unless the district contracts with |
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another person for the ownership, operation, or maintenance of the |
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public works, facilities, or improvements. |
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(d) Sections 375.261, 375.262, and 375.264, Local |
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Government Code, do not apply to the district. |
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SECTION 2. (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, |
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lieutenant governor, and speaker of the house of representatives |
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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 have been |
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fulfilled and accomplished. |
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SECTION 3. This Act takes effect September 1, 2023. |