By Hawley                                             H.B. No. 3681
         77R12454 QS-D                           
                                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;
2-25                       (B)  the City Council of Corpus Christi shall
2-26     appoint four members to the port commission;
2-27                       (C)  the Commissioners Court of San Patricio
 3-1     County shall appoint one member to the port commission; and
 3-2                       (D)  to be eligible for appointment to the port
 3-3     commission, a person must have been a resident of Nueces County or
 3-4     San Patricio County for at least the six months preceding the date
 3-5     of the appointment;
 3-6                 (3)  the commissioners serving at the time the
 3-7     annexation of San Patricio County is approved continue to serve,
 3-8     unless otherwise removed as provided by law, until the expiration
 3-9     of their terms;
3-10                 (4)  not later than the 90th day after the annexation
3-11     of San Patricio County is approved, the City Council of Corpus
3-12     Christi shall appoint one member to the port commission and the
3-13     Commissioners Court of San Patricio County shall appoint one member
3-14     to the port commission;
3-15                 (5)  the two new commissioners shall draw lots to
3-16     determine whose term expires the next time the terms of two other
3-17     commissioners expire and whose term expires the following time the
3-18     terms of two other commissioners expire;
3-19                 (6)  the terms of the two new commissioners may not
3-20     expire at the time the terms of three other commissioners expire;
3-21     and
3-22                 (7)  after the initial terms of the new commissioners,
3-23     all of the commissioners shall serve staggered three-year terms, as
3-24     provided by Section 3, Chapter 397, Acts of the 68th Legislature,
3-25     Regular Session, 1983, with the terms of three commissioners
3-26     expiring every year.
3-27           SECTION 5.  This Act takes effect immediately if it receives
 4-1     a vote of two-thirds of all the members elected to each house, as
 4-2     provided by Section 39, Article III, Texas Constitution.  If this
 4-3     Act does not receive the vote necessary for immediate effect, this
 4-4     Act takes effect September 1, 2001.