HBA-GUM H.B. 2532 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2532 By: Cuellar Transportation 3/29/1999 Introduced BACKGROUND AND PURPOSE Currently, Chapter 535, Acts of the 71st Legislature, Regular Session, 1989 (Article 1015g-6, V.T.C.S.), serves as the legal basis for establishing a port authority in Laredo. Reviews of data from maritime ports in Texas, the United States, and some United States non-maritime inland ports suggest that inland port authorities need expertise in the trucking industry, the railroad industry, land use planning, and maquiladoras. In addition, because of Laredo's location, an inland port authority raises binational issues. H.B. 2532 creates the Laredo Port of Entry and Transportation Authority, further defines the composition and appointment procedures of the governing board, funding and purposes of the authority, and encourages international cooperation among certain United States and Mexican entities. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 1015g-6, V.T.C.S., as follows: Sec. 1. DEFINITIONS. Defines "county." Redefines "governing body" to include the commissioners court of Webb County (county) and expands the definition of "authority" to include transportation. Makes nonsubstantive and conforming changes. Sec. 2. CREATION OF AUTHORITY. (a) Authorizes the county, in conjunction with the City of Laredo (city), to create the authority under this section. Renames the authority as the "Laredo Port of Entry and Transportation Authority." (b) Provides that this subsection sets forth the jurisdiction of the authority only if created by this section. Makes nonsubstantive changes. Sec. 3. BOARD. (a) Increases the number of voting board members from nine to a number between 10 and 15. Requires the governing body of the city and of the county to each appoint five voting members to the board. Authorizes the board to appoint to that board a maximum of 5 additional voting members. Requires the board to appoint two nonvoting members. (b) Requires that of the voting board members, one be a representative of the trucking industry, rather than of the transportation industry, and one be a representative of the railroad industry, rather than an international banker. Adds text to require that one member be experienced in land use planning. Makes conforming changes. (c) Makes conforming changes. (f) Makes a nonsubstantive change. Sec. 4. COMPENSATION. Requires the governing body of a city or county that initially appointed the member to pay reimbursement under this section relating to the expenses incurred in the discharge of duties as a member. Sec. 5. PURPOSES. (a) Adds language to provide that this section applies to any transport in the territory of the authority. Deletes text restricting application of this section to a transport entering the authority by an international bridge. Specifies that the collected rents and fees under this section are for the use of any infrastructure, improvement, or land owned, created, or acquired by the authority or under the authority's designated control. Authorizes the authority to issue revenue bonds on terms approved by the governing body of the city and the county. Makes conforming and nonsubstantive changes. (b) Provides that development and promotion of international trade includes acquisition and construction of any infrastructure improvements in the territory of the authority that will facilitate transportation and international trade. Requires the authority to report and seek, rather than to obtain, approval of each governing body before budgeting any money for an expenditure. Makes conforming changes and nonsubstantive changes. (c) Provides that the county is also authorized to approve or disapprove as prescribed by this subsection any action by the board. Provides that if both the governing bodies of the city and the county by ordinance or order disapprove of the action, the action is ineffective. Extends from the 15th day to the 16th day after the date of the action, the date on which the action takes effect. Makes conforming and nonsubstantive changes. Sec. 6. MANAGEMENT OF MONEY. No changes made. Sec. 7. EXAMINATIONS OF ACCOUNTS. (a) Adds text to require that a copy of the audit be delivered to both the city and the county. (b) Adds text to provide that the auditor or accountant, authorized to audit the authority, is to be designated jointly by the city and the county. Sec. 8. INITIAL BOARD. Creates Subsections (1) and (2) to specify the requirements by the city and county for appointing the initial board. Decreases from five to two the number of members serving a term expiring February 1, 2001, rather than February 1, 1991, the governing body of a city is required to appoint. Decreases from six to three the number of members serving a term expiring February 1, 2002, rather than February 1, 1992, the governing body of a city is required to appoint. Requires the governing body of the county to designate three members to serve terms expiring February 1, 2001, and two members to serve terms expiring February 1, 2002. Sec. 9. EMINENT DOMAIN. Creates this section to authorize the domain to exercise the power of eminent domain to accomplish the purposes of the authority provided that the exercise is approved by each governing body. Sec. 10. INTERNATIONAL COOPERATION. Creates this section to require the authority to seek cooperative association with similar agencies in the United Mexican States for furthering border-crossing infrastructures on both sides of the Texas-Mexico border in cooperation with the governmental entities having powers or duties regarding international trade. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.