By:  Seaman                                                       H.B. No. 2821


A BILL TO BE ENTITLED
AN ACT
relating to the annexation of additional territory and the composition of the port commission of the Port of Corpus Christi Authority of Nueces County, Texas. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. DEFINITIONS. In this Act: (1) "Authority" means the Port of Corpus Christi Authority of Nueces County, Texas. (2) "Commissioners court" means the Commissioners Court of San Patricio County. (3) "Port commission" means the port commission of the Port of Corpus Christi Authority of Nueces County, Texas. SECTION 2. CONFIRMATION ELECTION. (a) As soon as practicable after the effective date of this Act, the commissioners court shall hold an election in San Patricio County to allow for voting for or against the propositiion: "Annexation of San Patricio County to the Port of Corpus Christi Authority of Nueces County, Texas." (b) The commissioners court shall conduct the election as provided by Sections 62.296 and 62.298, Water Code, performing all the duties of the commission of the annexing district provided by those sections. (c) The commissioners court shall canvass the returns of the election and certify the election result to the port commission. (d) If a majority of the voters voting at the election favor the annexation of San Patricio County, the port commission shall enter and record an order of annexation as provided by Sections 62.299(c) and (d), Water Code. (e) Section 41.001, Election Code, does not apply to an election held under this section. Except as provided by this section, the confirmation election must be conducted as provided by the Election Code. SECTION 3. EXPIRATION DATE. If the annexation of San Patricio County is not approved at an election held under Section 2 of this Act before September 1, 2004, this Act expired on that date. SECTION 4. PORT COMMISSION. If the annexation of San Patricio County is approved at an election held under Section 2 of this Act: (1) the port commission is composed of seven members; (2) notwithstanding Section 2, Chapter 397, Acts of the 68th Legislature, Regular Session, 1983: (A) the Commissioners Court of Nueces County shall appoint four members to the port commission, three members from Nueces County, Texas and one from San Patricio County, Texas; (B) the City Council of Corpus Christi shall appoint three members to the port commission; (C) to be eligible for appointment to the port commission, a person must have been a resident of Nueces County or San Patricio County for at least six months preceding the date of the appointment; (3) the commissioners serving at the time the annexation of San Patricio County is approved continue to serve, unless otherwise removed as provided by law, until the expiration of their terms; (4) after the initial term of the new commissioner, all of the commissioners shall serve staggered three-year terms, as provided by Section 3, Chapter 397, Acts of the 68th Legislature, Regular Session, 1983, with the terms of three commissioners expiring every year. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.