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.