1-1 By: Truan S.B. No. 1802 1-2 (In the Senate - Filed April 9, 2001; April 10, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 24, 2001, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; April 24, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the annexation of additional territory and the 1-9 composition of the port commission of the Port of Corpus Christi 1-10 Authority of Nueces County, Texas. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. DEFINITIONS. In this Act: 1-13 (1) "Authority" means the Port of Corpus Christi 1-14 Authority of Nueces County, Texas. 1-15 (2) "Commissioners court" means the Commissioners 1-16 Court of San Patricio County. 1-17 (3) "Port commission" means the port commission of the 1-18 Port of Corpus Christi Authority of Nueces County, Texas. 1-19 SECTION 2. CONFIRMATION ELECTION. (a) As soon as 1-20 practicable after the effective date of this Act, the commissioners 1-21 court shall call and hold an election in San Patricio County to 1-22 allow for voting for or against the proposition: "Annexation of 1-23 San Patricio County to the Port of Corpus Christi Authority of 1-24 Nueces County, Texas." 1-25 (b) The commissioners court shall conduct the election as 1-26 provided by Sections 62.296 and 62.298, Water Code, performing all 1-27 the duties of the commission of the annexing district provided by 1-28 those sections. 1-29 (c) The commissioners court shall canvass the returns of the 1-30 election and certify the election result to the port commission. 1-31 (d) If a majority of the voters voting at the election favor 1-32 the annexation of San Patricio County, the port commission shall 1-33 enter and have recorded an order of annexation as provided by 1-34 Sections 62.299(c) and (d), Water Code. The territory annexed 1-35 under this section is subject to bonded indebtedness and taxation 1-36 as provided by Section 62.299(c), Water Code. 1-37 (e) Section 41.001, Election Code, does not apply to an 1-38 election held under this section. Except as provided by this 1-39 section, the confirmation election must be conducted as provided by 1-40 the Election Code. 1-41 SECTION 3. EXPIRATION DATE. If the annexation of San 1-42 Patricio County is not approved at an election held under Section 2 1-43 of this Act before September 1, 2003, this Act expires on that 1-44 date. 1-45 SECTION 4. PORT COMMISSION. If the annexation of San 1-46 Patricio County is approved at an election held under Section 2 of 1-47 this Act: 1-48 (1) notwithstanding Section 1, Chapter 397, Acts of 1-49 the 68th Legislature, Regular Session, 1983, the port commission is 1-50 composed of nine members; 1-51 (2) notwithstanding Section 2, Chapter 397, Acts of 1-52 the 68th Legislature, Regular Session, 1983: 1-53 (A) the Commissioners Court of Nueces County 1-54 shall appoint four members to the port commission; 1-55 (B) the City Council of Corpus Christi shall 1-56 appoint four members to the port commission; 1-57 (C) the Commissioners Court of San Patricio 1-58 County shall appoint one member to the port commission; and 1-59 (D) to be eligible for appointment to the port 1-60 commission, a person must have been a resident of Nueces County or 1-61 San Patricio County for at least the six months preceding the date 1-62 of the appointment; 1-63 (3) the commissioners serving at the time the 1-64 annexation of San Patricio County is approved continue to serve, 2-1 unless otherwise removed as provided by law, until the expiration 2-2 of their terms; 2-3 (4) not later than the 90th day after the annexation 2-4 of San Patricio County is approved, the City Council of Corpus 2-5 Christi shall appoint one member to the port commission and the 2-6 Commissioners Court of San Patricio County shall appoint one member 2-7 to the port commission; 2-8 (5) the two new commissioners shall draw lots to 2-9 determine whose term expires the next time the terms of two other 2-10 commissioners expire and whose term expires the following time the 2-11 terms of two other commissioners expire; 2-12 (6) the terms of the two new commissioners may not 2-13 expire at the time the terms of three other commissioners expire; 2-14 and 2-15 (7) after the initial terms of the new commissioners, 2-16 all of the commissioners shall serve staggered three-year terms, as 2-17 provided by Section 3, Chapter 397, Acts of the 68th Legislature, 2-18 Regular Session, 1983, with the terms of three commissioners 2-19 expiring every year. 2-20 SECTION 5. This Act takes effect immediately if it receives 2-21 a vote of two-thirds of all the members elected to each house, as 2-22 provided by Section 39, Article III, Texas Constitution. If this 2-23 Act does not receive the vote necessary for immediate effect, this 2-24 Act takes effect September 1, 2001. 2-25 * * * * *