SRC-MWN S.B. 821 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 821
77R3045 QS-DBy: Truan
Natural Resources
4/8/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Port of Corpus Christi owns and operates facilities in San
Patricio County and Nueces County. As proposed, S.B. 821 offers voters of
San Patricio the opportunity to be annexed into the port and to have
representation on the port commission. S.B. 821 also adds another
representative from the City of Corpus Christi to the port commission. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Definitions. Defines "authority," "commissioners court," and
"port commission." 

SECTION 2. CONFIRMATION ELECTION. Requires the commissioners court, as soon
as practicable after the effective date of this Act, to call and hold an
election in San Patricio County to allow for voting for or against certain
propositions. Requires the commissioners court to conduct the election as
provided by Sections 62.296 (Notice of Election); 62.297 (Ballots); and
62.298 (Election Officials), Water Code, performing all the duties of the
commission of the annexing district provided by those sections. Requires
the commissioners court to canvass the return of the election and certify
the election result to the port commission. Requires the port commission,
if a majority of the voters voting at the election favor the annexation of
San Patricio County, to enter and have recorded an order of annexation as
provided by Section 62.299(b)-(d) (Canvass of Vote; Entry of Order), Water
Code. Provides that the territory annexed under this section is subject to
bonded indebtedness and taxation as provided by Sections 62.299(b) and (c).
Provides that Section 41.001 (Uniform Election Dates), Election Code, does
not apply to an election held under this section. Requires the confirmation
election, except as provided by this section, to be conducted as provided
by the Election Code. 

SECTION 3. EXPIRATION DATE. Provides that if the annexation of San Patricio
County is not approved at an election held under Section 2 of this Act
before September 1, 2003, this Act expires on that date. 

SECTION 4. PORT COMMISSION. Provides that if the annexation of San Patricio
County is approved at an election held under Section 2 of this Act
notwithstanding Section 1, Chapter 397 (Composition of Port Commission),
Acts of the 68th Legislature, Regular Session, 1983, the port commission is
composed of nine members; notwithstanding Section 2, Chapter 397
(Appointment of Port Commissioners), Acts of the 68th Legislature, Regular
Session, 1983 the Commissioners Court of Nueces County is required to
appoint four members to the port commission; the City Council of Corpus
Christi is required to appoint four members to the port commission; the
Commissioners Court of San Patricio County is required to appoint one
member to the port commission; and to be eligible for appointment to the
port commission, a person is required to have been a resident of Nueces
County or San Patricio County for at least the six months preceding the
date of the appointment; the commissioners court serving at the time the
annexation of San Patricio County is approved continue to  serve, unless
otherwise removed as provided by law, until the expiration of their terms;
not later than the 90th day after the annexation of San Patricio County is
approved, the City Council of Corpus Christi is required to appoint one
member to the port commission and the Commissioners Court of San Patricio
County is required to appoint one member to the port commission; the two
new commissioners are required to draw lots  to determine whose term
expires the next time the terms of two other commissioners expire and whose
term expires the following time the terms of two other commissioners
expire; the terms of the two new commissioners are prohibited from expiring
at the time the terms of three other commissioners expire; and after the
initial terms of the new commissioners, all of the commissioners are
required to serve staggered three-year terms, as provided by Section 3,
Chapter 397 (Terms of Office), Acts of 68th Legislature, Regular Session,
1983, with the terms of three commissioner expiring every year. 

SECTION 5. Effective date: upon passage or September 1, 2001.