77R14537 E
By Hawley, Luna, Seaman, Salinas H.B. No. 3681
Substitute the following for H.B. No. 3681:
By Alexander C.S.H.B. No. 3681
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the annexation of additional territory and the
1-3 composition of the port commission of the Port of Corpus Christi
1-4 Authority of Nueces County, Texas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. DEFINITIONS. In this Act:
1-7 (1) "Authority" means the Port of Corpus Christi
1-8 Authority of Nueces County, Texas.
1-9 (2) "Commissioners court" means the Commissioners
1-10 Court of San Patricio County.
1-11 (3) "Port commission" means the port commission of the
1-12 Port of Corpus Christi Authority of Nueces County, Texas.
1-13 SECTION 2. CONFIRMATION ELECTION. (a) As soon as practicable
1-14 after the effective date of this Act, the commissioners court
1-15 shall call and hold an election in San Patricio County to allow for
1-16 voting for or against the proposition: "Annexation of San Patricio
1-17 County to the Port of Corpus Christi Authority of Nueces County,
1-18 Texas."
1-19 (b) The commissioners court shall conduct the election as
1-20 provided by Sections 62.296 and 62.298, Water Code, performing all
1-21 the duties of the commission of the annexing district provided by
1-22 those sections.
1-23 (c) The commissioners court shall canvass the returns of the
1-24 election and certify the election result to the port commission.
2-1 (d) If a majority of the voters voting at the election favor
2-2 the annexation of San Patricio County, the port commission shall
2-3 enter and have recorded an order of annexation as provided by
2-4 Sections 62.299(c) and (d), Water Code. The territory annexed
2-5 under this section is subject to bonded indebtedness and taxation
2-6 as provided by Section 62.299(c).
2-7 (e) Section 41.001, Election Code, does not apply to an
2-8 election held under this section. Except as provided by this
2-9 section, the confirmation election must be conducted as provided by
2-10 the Election Code.
2-11 SECTION 3. EXPIRATION DATE. If the annexation of San
2-12 Patricio County is not approved at an election held under Section 2
2-13 of this Act before September 1, 2003, this Act expires on that
2-14 date.
2-15 SECTION 4. PORT COMMISSION. If the annexation of San
2-16 Patricio County is approved at an election held under Section 2 of
2-17 this Act:
2-18 (1) notwithstanding Section 1, Chapter 397, Acts of
2-19 the 68th Legislature, Regular Session, 1983, the port commission is
2-20 composed of nine members;
2-21 (2) notwithstanding Section 2, Chapter 397, Acts of
2-22 the 68th Legislature, Regular Session, 1983:
2-23 (A) the Commissioners Court of Nueces County
2-24 shall appoint four members to the port commission, one of whom
2-25 shall be a resident of Port Aransas;
2-26 (B) the City Council of Corpus Christi shall
2-27 appoint four members to the port commission;
3-1 (C) the Commissioners Court of San Patricio
3-2 County shall appoint one member to the port commission; and
3-3 (D) to be eligible for appointment to the port
3-4 commission, a person must have been a resident of Nueces County or
3-5 San Patricio County for at least the six months preceding the date
3-6 of the appointment;
3-7 (3) the commissioners serving at the time the
3-8 annexation of San Patricio County is approved continue to serve,
3-9 unless otherwise removed as provided by law, until the expiration
3-10 of their terms;
3-11 (4) not later than the 90th day after the annexation
3-12 of San Patricio County is approved, the City Council of Corpus
3-13 Christi shall appoint one member to the port commission and the
3-14 Commissioners Court of San Patricio County shall appoint one member
3-15 to the port commission;
3-16 (5) the two new commissioners shall draw lots to
3-17 determine whose term expires the next time the terms of two other
3-18 commissioners expire and whose term expires the following time the
3-19 terms of two other commissioners expire;
3-20 (6) the terms of the two new commissioners may not
3-21 expire at the time the terms of three other commissioners expire;
3-22 and
3-23 (7) after the initial terms of the new commissioners,
3-24 all of the commissioners shall serve staggered three-year terms, as
3-25 provided by Section 3, Chapter 397, Acts of the 68th Legislature,
3-26 Regular Session, 1983, with the terms of three commissioners
3-27 expiring every year.
4-1 SECTION 5. This Act takes effect immediately if it receives
4-2 a vote of two-thirds of all the members elected to each house, as
4-3 provided by Section 39, Article III, Texas Constitution. If this
4-4 Act does not receive the vote necessary for immediate effect, this
4-5 Act takes effect September 1, 2001.