By Cuellar                                            H.B. No. 2532
         76R8186 CMR-F                           
                                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)  "County" means Webb County, Texas.
1-15                 (5)  "Governing body" means the commissioners court
1-16     with regard to the county and the governing body of the city with
1-17     regard to the city.
1-18           Sec. 2.  CREATION OF AUTHORITY.  (a)  The city by ordinance
1-19     and the county by order may jointly create the authority, which
1-20     shall be called the "[City of] Laredo Port of Entry and
1-21     Transportation Authority," for the purposes provided by this Act.
1-22           (b)  If created under this section, the [The area of]
1-23     jurisdiction of the authority includes all the territory of the
1-24     county and the [area within the boundaries and extraterritorial
 2-1     jurisdiction of the] city.
 2-2           Sec. 3.  BOARD.  (a)  The authority is governed by a board
 2-3     composed of not fewer than 10 and not more than 15 [nine] voting
 2-4     members who must reside within the authority and two nonvoting
 2-5     members who must reside in Mexico.  The governing body of the city
 2-6     shall appoint five voting members and the governing body of the
 2-7     county shall appoint five voting [the] members.  Following the
 2-8     appointments, the board:
 2-9                 (1)  may appoint to the board not more than five
2-10     additional voting members; and
2-11                 (2)  shall appoint the two nonvoting members.
2-12           (b)  Of the voting members:
2-13                 (1)  one must be a representative of United States
2-14     customs brokers;
2-15                 (2)  one must be a representative of freight
2-16     forwarders;
2-17                 (3)  one must be a representative of the trucking
2-18     [transportation] industry;
2-19                 (4)  one must be a representative of the railroad
2-20     industry [an international banker]; [and]
2-21                 (5)  one must be experienced in land use planning; and
2-22                 (6)  one must be a representative of a maquiladora
2-23     project.
2-24           (c)  Members of the board serve staggered two-year terms,
2-25     with the terms of at least half of the [five] members expiring
2-26     February 1 of each odd-numbered year and the terms of the remaining
2-27     [six] members expiring February 1 of each even-numbered year.
 3-1           (d)  The board shall select from among its voting members a
 3-2     chairman, vice-chairman, treasurer, and other officers that the
 3-3     board considers appropriate.
 3-4           (e)  A vacancy that occurs more than 60 days before the
 3-5     expiration date of a term promptly shall be filled for the
 3-6     unexpired term by appointment of a member having the qualifications
 3-7     of the member creating the vacancy.
 3-8           (f)  A board member may be removed for cause, after a
 3-9     hearing, by a two-thirds vote of the membership of the board
3-10     [governing body].
3-11           Sec. 4.  COMPENSATION.  A board member may not receive
3-12     compensation for services as a member but is entitled to
3-13     reimbursement for the necessary expenses incurred in the discharge
3-14     of duties as a member.  The governing body of the city or county
3-15     that initially appointed the member shall pay reimbursement under
3-16     this section.
3-17           Sec. 5.  PURPOSES.  (a)  The authority shall establish and
3-18     collect rents [rental, tolls,] and [other] appropriate fees from
3-19     operators of commercial vehicles or other transports in the
3-20     territory of [entering] the authority, including rents or fees [by
3-21     an international bridge and] for the use of any infrastructure,
3-22     improvement, or land owned, created, or acquired by the authority
3-23     or under the authority's designated control [other facility
3-24     designated by the city].  The authority may not impose [levy] an ad
3-25     valorem tax but [and] may [not] issue revenue bonds on terms
3-26     approved by the governing body of the city and the county.
3-27           (b)  The authority shall use all [the] money collected by the
 4-1     authority [under this Act], as the board determines appropriate,
 4-2     [only] for the development and promotion of international trade,
 4-3     including acquisition and construction of any infrastructure
 4-4     improvements in the territory of the authority that will facilitate
 4-5     transportation and international trade.  The authority must report
 4-6     and seek [obtain] the approval of each [the] governing body before
 4-7     budgeting any money for an [any] expenditure [of money].
 4-8           (c)  Not later than the 15th day after the date on which the
 4-9     [authority or the] board acts, the city and the county may approve
4-10     or disapprove any action by the [authority or] board.  If both the
4-11     governing bodies of the city and the county by ordinance or order
4-12     disapprove of [disapproves] the action [act], the action [act] is
4-13     ineffective.  Otherwise, the action takes effect [act becomes
4-14     effective] on the date that the city approves the action [act] or
4-15     on the 16th [15th] day after the date on which the authority or
4-16     board acted, whichever is first.
4-17           Sec. 6.  MANAGEMENT OF MONEY.  The authority's treasurer
4-18     shall deposit money collected by the authority in a separate
4-19     account in a bank or trust company.  The money may be paid out on
4-20     the warrant or other order of the chairman of the board or another
4-21     person designated by the authority.
4-22           Sec. 7.  EXAMINATIONS OF ACCOUNTS.  (a)  At least once a year
4-23     the authority shall have a certified public accountant conduct an
4-24     audit of its books, accounts, and records.  A copy of the audit
4-25     shall be delivered to both the city and the county.
4-26           (b)  If the authority fails to make the required audit, an
4-27     auditor or accountant jointly designated by the city and the county
 5-1     may examine, at the expense of the authority, the accounts and
 5-2     books of the authority, including its receipts, disbursements,
 5-3     contracts, leases, investments, and other matters relating to its
 5-4     finances, operation, and affairs.
 5-5           Sec. 8.  INITIAL BOARD.  In appointing the initial board:
 5-6                 (1) [,]  the governing body of the city shall
 5-7     designate:
 5-8                       (A)  two [five] members to serve terms expiring
 5-9     February 1, 2001; [1991,] and
5-10                       (B)  three [six] members to serve terms expiring
5-11     February 1, 2002; and
5-12                 (2)  the governing body of the county shall designate:
5-13                       (A)  three members to serve terms expiring
5-14     February 1, 2001; and
5-15                       (B)  two members to serve terms expiring February
5-16     1, 2002 [1992].
5-17           Sec. 9.  EMINENT DOMAIN.  The authority may exercise the
5-18     power of eminent domain to accomplish the purposes of the authority
5-19     if the exercise is approved by each governing body.
5-20           Sec. 10.  INTERNATIONAL COOPERATION.  The authority shall
5-21     seek cooperative association with similar agencies in the United
5-22     Mexican States for furthering border-crossing infrastructures on
5-23     both sides of the Texas-Mexico border in cooperation with the
5-24     governmental entities, including this state and agencies of the
5-25     United States, that have powers or duties regarding international
5-26     trade.
5-27           SECTION 2.  This Act takes effect September 1, 1999.
 6-1           SECTION 3.  The importance of this legislation and the
 6-2     crowded condition of the calendars in both houses create an
 6-3     emergency and an imperative public necessity that the
 6-4     constitutional rule requiring bills to be read on three several
 6-5     days in each house be suspended, and this rule is hereby suspended.