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                                  * * * * *