BILL ANALYSIS

 

 

Senate Research Center                                                                                                 C.S.S.B. 836

81R17631 HLT-F                                                                                                          By: Hinojosa

                                                                                                         International Relations & Trade

                                                                                                                                              4/2/2009

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In 1987, the Port of Corpus Christi Authority of Nueces County, Texas (authority) conveyed 576.615 acres of land to the United States Navy for the construction and operation of Naval Station Ingleside (NSI).  The deed says that this property will revert to the authority when the property is no longer used for maritime purposes by the United States Department of Defense (DoD).

 

NSI became the Navy's "Mine Warfare Center of Excellence" and homeport to the Navy's Mine Warfare Force, including 14 Avenger Class mine countermeasures ships, 10 Osprey Class coastal mine hunters, and the Mine Countermeasures Command, Control and Support Ship USS Inchon.

 

In its 2005 Base Closure and Realignment Commission's (BRAC) recommendations, the DoD recommended the closure of NSI.  Assuming no economic recovery, the DoD estimated that this recommendation, along with the recommended realignment of Naval Air Station Corpus Christi, could result in a potential reduction of 6,864 jobs (3,184 direct jobs and 3,680 indirect jobs).  NSI will close in September 2010, if not sooner.  With the closure of the naval station at Ingleside, the authority seeks additional statutory authority to provide for security in the channels and waterways under the authority's control.

 

C.S.S.B. 836 authorizes the authority to enter into interlocal agreements or contract with qualified parties for security.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the governing body of the Port of Corpus Christi Authority of Nueces County, Texas in SECTION 1 (Sec. 4C, Chapter 397, Acts of the 68th Legislature, Regular Session, 1983) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Chapter 397, Acts of the 68th Legislature, Regular Session, 1983, by adding Sections 1A, 4B, and 4C, as follows:

 

Sec. 1A.  DEFINITIONS.  Defines "authority," "port commission," and "port commissioner."

 

Sec.  4B.  ELECTIONS.  Requires that an election relating to the Port of Corpus Christi Authority of Nueces County, Texas (authority)  be held in the authority as a whole, and not on a county-by-county basis.

 

Sec. 4C.  SECURITY AND LAW ENFORCEMENT.  (a)  Authorizes the port commission (the governing body of the authority) to adopt, amend, repeal, and enforce an ordinance, rule, or police regulation necessary to protect, secure, and defend the ship channels and waterways in the jurisdiction of the authority and facilities served by those ship channels and waterways; promote the health, safety, and general welfare of any person using the ship channels and waterways in the jurisdiction of the authority; or comply with a federal law or regulation or implement a directive or standard of the federal government, including the United States Department of Homeland Security and the United States Coast Guard, relating to securing ship channels and waterways and facilities served by ship channels and waterways and preventing terrorist attacks on ship channels, waterways, associated maritime facilities, and other facilities served by ship channels and waterways.

 

(b)  Authorizes a sheriff, constable, or other duly constituted peace officer of this state or a peace officer employed or appointed by the port commission, in the enforcement of an authority ordinance, rule, or police regulation, to make arrests, serve criminal warrants, subpoenas, or writs, and perform any other service or duty that is authorized to be performed by any sheriff, constable, or other duly constituted peace officer of this state in enforcing other laws of this state.

 

(c)  Requires the port commission, in adopting an ordinance, rule, or police regulation under Subsection (a) of this section, to comply with the procedures provided by Sections 60.074 (Style of Ordinances) and 60.075 (Publication of Ordinance, Rule, or Regulation; Proof of Publication), Water Code.

 

(d)  Authorizes the authority to enter into an interlocal agreement with this state or a county, municipality, or other political subdivision of this state to jointly provide, and share the costs of, security for the ship channels and waterways in the jurisdiction of the authority.

 

(e)  Authorizes the authority, to protect the public interest, to contract with a qualified party, including the federal government, Nueces County, or San Patricio County, for the provision of the law enforcement services in all or part of the jurisdiction of the authority.

 

SECTION 2.  Effective date:  upon passage or September 1, 2009.