76R10882 CMR-D
By Cuellar H.B. No. 2532
Substitute the following for H.B. No. 2532:
By Alexander C.S.H.B. No. 2532
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the City of Laredo Port of Entry Authority; granting
1-3 the power of eminent domain.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 535, Acts of the 71st Legislature,
1-6 Regular Session, 1989 (Article 1015g-6, Vernon's Texas Civil
1-7 Statutes), is amended to read as follows:
1-8 Sec. 1. DEFINITIONS. In this Act:
1-9 (1) "Authority" means the port of entry and
1-10 transportation authority created under this Act.
1-11 (2) "Board" means the governing board of the
1-12 authority.
1-13 (3) "City" means the city of Laredo.
1-14 (4) "Governing body" means the governing body of the
1-15 city.
1-16 Sec. 2. CREATION OF AUTHORITY. (a) The city by ordinance
1-17 may create the authority, which shall be called the "[City of]
1-18 Laredo Port of Entry and Transportation Authority," for the
1-19 purposes provided by this Act.
1-20 (b) If created under this section, the [The area of]
1-21 jurisdiction of the authority includes the area within the
1-22 boundaries and extraterritorial jurisdiction of the city.
1-23 Sec. 3. BOARD. (a) The authority is governed by a board
1-24 composed of nine voting members who must reside within the
2-1 authority and two nonvoting members who must reside in Mexico. The
2-2 governing body shall appoint the members.
2-3 (b) Of the voting members:
2-4 (1) one must be a representative of United States
2-5 customs brokers;
2-6 (2) one must be a representative of freight
2-7 forwarders;
2-8 (3) one must be a representative of the trucking
2-9 [transportation] industry;
2-10 (4) one must be a representative of the railroad
2-11 industry [an international banker]; [and]
2-12 (5) one must be a representative of the airfreight
2-13 industry;
2-14 (6) one must be a representative of the county
2-15 selected by the governing body from a list of nominations submitted
2-16 by the Commissioners Court of Webb County;
2-17 (7) one must be experienced in land use planning; and
2-18 (8) one must be a representative of a maquiladora
2-19 project.
2-20 (c) Members of the board serve staggered two-year terms,
2-21 with the terms of five members expiring February 1 of each
2-22 odd-numbered year and the terms of six members expiring February 1
2-23 of each even-numbered year.
2-24 (d) The board shall select from among its voting members a
2-25 chairman, vice-chairman, treasurer, and other officers that the
2-26 board considers appropriate.
2-27 (e) A vacancy that occurs more than 60 days before the
3-1 expiration date of a term promptly shall be filled for the
3-2 unexpired term by appointment of a member having the qualifications
3-3 of the member creating the vacancy.
3-4 (f) A board member may be removed for cause, after a
3-5 hearing, by a two-thirds vote of the membership of the board
3-6 [governing body].
3-7 Sec. 4. COMPENSATION. A board member may not receive
3-8 compensation for services as a member but is entitled to
3-9 reimbursement for the necessary expenses incurred in the discharge
3-10 of duties as a member. The governing body shall pay reimbursement
3-11 under this section.
3-12 Sec. 5. PURPOSES. (a) The authority shall establish and
3-13 collect rents [rental, tolls,] and [other] appropriate fees from
3-14 operators of commercial vehicles or other land, rail, or air
3-15 transports in the territory of [entering] the authority, including
3-16 rents or fees [by an international bridge and] for the use of any
3-17 infrastructure, improvement, or land owned, created, or acquired by
3-18 the authority or under the authority's designated control [other
3-19 facility designated by the city]. The authority may not impose
3-20 [levy] an ad valorem tax but [and] may [not] issue revenue bonds on
3-21 terms approved by the governing body.
3-22 (b) The authority shall use all [the] money collected by the
3-23 authority [under this Act], as the board determines appropriate,
3-24 [only] for the development and promotion of international trade,
3-25 including acquisition and construction of any infrastructure
3-26 improvements in the territory of the authority that will facilitate
3-27 transportation and international trade. The authority must report
4-1 and seek [obtain] the approval of each [the] governing body before
4-2 budgeting any money for an [any] expenditure [of money].
4-3 (c) Not later than the 15th day after the date on which the
4-4 [authority or the] board acts, the city may approve or disapprove
4-5 any action by the [authority or] board. If the city disapproves
4-6 the action [act], the action [act] is ineffective. Otherwise, the
4-7 action takes effect [act becomes effective] on the date that the
4-8 city approves the action [act] or on the 16th [15th] day after the
4-9 date on which the authority or board acted, whichever is first.
4-10 Sec. 6. MANAGEMENT OF MONEY. The authority's treasurer
4-11 shall deposit money collected by the authority in a separate
4-12 account in a bank or trust company. The money may be paid out on
4-13 the warrant or other order of the chairman of the board or another
4-14 person designated by the authority.
4-15 Sec. 7. EXAMINATIONS OF ACCOUNTS. (a) At least once a year
4-16 the authority shall have a certified public accountant conduct an
4-17 audit of its books, accounts, and records. A copy of the audit
4-18 shall be delivered to the city.
4-19 (b) If the authority fails to make the required audit, an
4-20 auditor or accountant designated by the city may examine, at the
4-21 expense of the authority, the accounts and books of the authority,
4-22 including its receipts, disbursements, contracts, leases,
4-23 investments, and other matters relating to its finances, operation,
4-24 and affairs.
4-25 Sec. 8. INITIAL BOARD. In appointing the initial board, the
4-26 governing body shall designate:
4-27 (1) five members to serve terms expiring February 1,
5-1 2001; [1991,] and
5-2 (2) six members to serve terms expiring February 1,
5-3 2002 [1992].
5-4 Sec. 9. EMINENT DOMAIN. The authority may exercise the
5-5 power of eminent domain to accomplish the purposes of the authority
5-6 if the exercise is approved by each governing body.
5-7 Sec. 10. INTERNATIONAL COOPERATION. The authority shall
5-8 seek cooperative association with similar agencies in the United
5-9 Mexican States for furthering border-crossing infrastructures on
5-10 both sides of the Texas-Mexico border in cooperation with the
5-11 governmental entities, including this state and agencies of the
5-12 United States, that have powers or duties regarding international
5-13 trade.
5-14 SECTION 2. This Act takes effect September 1, 1999.
5-15 SECTION 3. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended.