By Truan                                               S.B. No. 821
         77R3045 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 propositions:
1-17                 (1)  "Annexation of San Patricio County to the Port of
1-18     Corpus Christi Authority of Nueces County, Texas"; and
1-19                 (2)  "Assumption of a pro rata part of the bonded debt
1-20     of the Port of Corpus Christi Authority of Nueces County, Texas."
1-21           (b)  The commissioners court shall conduct the election as
1-22     provided by Sections 62.296-62.298, Water Code, performing all the
1-23     duties of the commission of the annexing district provided by those
1-24     sections.
 2-1           (c)  The commissioners court shall canvass the returns of the
 2-2     election and certify the election result to the port commission.
 2-3           (d)  If a majority of the voters voting at the election favor
 2-4     the annexation of San Patricio County, the port commission shall
 2-5     enter and have recorded an order of annexation as provided by
 2-6     Sections 62.299(b)-(d), Water Code.  The territory annexed under
 2-7     this section is subject to bonded indebtedness and taxation as
 2-8     provided by Sections 62.299(b) and (c).
 2-9           (e)  Section 41.001, Election Code, does not apply to an
2-10     election held under this section. Except as provided by this
2-11     section, the confirmation election must be conducted as provided by
2-12     the Election Code.
2-13           SECTION 3. EXPIRATION DATE.  If the annexation of San
2-14     Patricio County is not approved at an election held under Section 2
2-15     of this Act before September 1, 2003, this Act expires on that
2-16     date.
2-17           SECTION 4. PORT COMMISSION.  If the annexation of San
2-18     Patricio County is approved at an election held under Section 2 of
2-19     this Act:
2-20                 (1)  notwithstanding Section 1, Chapter 397, Acts of
2-21     the 68th Legislature, Regular Session, 1983, the port commission is
2-22     composed of nine members;
2-23                 (2)  notwithstanding Section 2, Chapter 397, Acts of
2-24     the 68th Legislature, Regular Session, 1983:
2-25                       (A)  the Commissioners Court of Nueces County
2-26     shall appoint four members to the port commission;
2-27                       (B)  the City Council of Corpus Christi shall
 3-1     appoint four members to the port commission;
 3-2                       (C)  the Commissioners Court of San Patricio
 3-3     County shall appoint one member to the port commission; and
 3-4                       (D)  to be eligible for appointment to the port
 3-5     commission, a person must have been a resident of Nueces County or
 3-6     San Patricio County for at least the six months preceding the date
 3-7     of the appointment;
 3-8                 (3)  the commissioners serving at the time the
 3-9     annexation of San Patricio County is approved continue to serve,
3-10     unless otherwise removed as provided by law, until the expiration
3-11     of their terms;
3-12                 (4)  not later than the 90th day after the annexation
3-13     of San Patricio County is approved, the City Council of Corpus
3-14     Christi shall appoint one member to the port commission and the
3-15     Commissioners Court of San Patricio County shall appoint one member
3-16     to the port commission;
3-17                 (5)  the two new commissioners shall draw lots to
3-18     determine whose term expires the next time the terms of two other
3-19     commissioners expire and whose term expires the following time the
3-20     terms of two other commissioners expire;
3-21                 (6)  the terms of the two new commissioners may not
3-22     expire at the time the terms of three other commissioners expire;
3-23     and
3-24                 (7)  after the initial terms of the new commissioners,
3-25     all of the commissioners shall serve staggered three-year terms, as
3-26     provided by Section 3, Chapter 397, Acts of the 68th Legislature,
3-27     Regular Session, 1983, with the terms of three commissioners
 4-1     expiring every year.
 4-2           SECTION 5.  This Act takes effect immediately if it receives
 4-3     a vote of two-thirds of all the members elected to each house, as
 4-4     provided by Section 39, Article III, Texas Constitution.  If this
 4-5     Act does not receive the vote necessary for immediate effect, this
 4-6     Act takes effect September 1, 2001.