By: Gallego H.B. No. 3272
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a port of entry authority by certain
counties; authorizing a tax and the issuance of bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 12, Local Government Code, is
amended by adding Chapter 388 to read as follows:
CHAPTER 388. COUNTY PORT OF ENTRY AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 388.001. DEFINITIONS. In this chapter:
(1) "Authority" means the board of entry authority
created under this chapter.
(2) "Board" means the board of directors of the
authority.
(3) "Commissioners court" means the commissioners
court of the county that created the authority.
Sec. 388.002. CREATION OF AUTHORITY. The commissioners
court of a county with a population of less than 15,000 that is
adjacent to an international boundary and contains a class A port of
entry may create a port of entry authority.
Sec. 388.003. JURISDICTION. The jurisdiction of the
authority is coextensive with the jurisdiction of the county
creating the authority.
[Sections 388.004-388.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 388.051. GOVERNING BODY. An authority is governed by
a board of five directors.
Sec. 388.052. QUALIFICATIONS; APPOINTMENT. (a) A director
shall reside in the county that created the authority.
(b) The commissioners court shall appoint the directors as
follows:
(1) one director who represents United States customs
brokers;
(2) one director who represents freight forwarders;
(3) one director who represents the transportation
industry;
(4) one director who is an international banker; and
(5) one director who represents the public.
(c) In appointing the initial board, the commissioners
court shall appoint two directors to serve until February 1 of the
year following the year the authority is created.
Sec. 388.053. TERMS. Directors serve staggered two-year
terms, with the terms of three directors expiring February 1 of each
odd-numbered year and the terms of two directors expiring February
1 of each even-numbered year.
Sec. 388.054. VACANCY; REMOVAL. (a) The commissioners
court shall promptly fill a vacancy that occurs more than 60 days
before the expiration of a term by appointing a person who has the
qualifications of the director creating the vacancy for the
remainder of the unexpired term.
(b) The commissioners court may remove a director for cause,
after a hearing, by two-thirds vote.
Sec. 388.055. OFFICERS. The board shall select from among
the directors a presiding officer, assistant presiding officer,
treasurer, and other officers that the board considers appropriate.
Sec. 388.056. COMPENSATION. A director may not receive
compensation for services as a director but is entitled to
reimbursement for the necessary expenses in the discharge of duties
as a director.
[Sections 388.057-388.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 388.101. FEES. The authority shall establish and
collect rental, tolls, and other appropriate fees from operators of
commercial vehicles for entering the authority by an international
bridge and for using any other facility designated by the county.
Sec. 388.102. INFRASTRUCTURE; INTERNATIONAL TRADE. The
authority shall use the money collected under this chapter, as the
board determines appropriate, to develop and promote
infrastructure and international trade.
Sec. 388.103. EMPLOYEES. The authority may employ persons
necessary to perform an authority function.
Sec. 388.104. APPROVAL OF COMMISSIONERS COURT
REQUIRED. (a) The authority must obtain the approval of the
commissioners court before any expenditure of money.
(b) Not later than the 15th day after the date on which the
authority or board acts, the commissioners court may approve or
disapprove the action. If the commissioners court disapproves the
action, the action is ineffective. Otherwise, the action becomes
effective on the date that the commissioners court approves the
action or on the 15th day after the date on which the authority or
board acted, whichever is first.
[Sections 388.105-388.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 388.151. AD VALOREM TAX; BONDS; COUNTY TAX ASSESSOR.
(a) If approved at an election held in the authority for that
purpose, the authority may impose an ad valorem tax on property in
the district and issue bonds payable from the proceeds of the tax.
(b) The county tax assessor-collector shall assess and
collect taxes for the authority.
Sec. 388.152. MANAGEMENT OF MONEY. The authority's
treasurer shall deposit money collected by the authority in a
separate account in a bank or trust company. The money may be paid
out on the warrant or other order of the presiding officer of the
board or another person designated by the authority.
Sec. 388.153. AUDIT. (a) At least once a year the
authority shall hire a certified public accountant to conduct an
audit of its books, accounts, and records. The authority shall
deliver a copy of the audit to the commissioners court.
(b) If the audit does not occur as required under Subsection
(a), a person designated by the commissioners court may examine, at
the expense of the authority, the accounts and books of the
authority, including its receipts, disbursements, contracts,
leases, investments, and other matters relating to its finances,
operation, and affairs.
[Sections 388.154-388.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 388.201. DISSOLUTION. (a) Except as provided by
Subsection (b), the commissioners court may dissolve an authority
at any time.
(b) An authority may not be dissolved if the authority has
outstanding bonded indebtedness.
(c) On dissolution of the authority, the county shall resume
the assets and liabilities of the authority.
SECTION 2. 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.