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A BILL TO BE ENTITLED
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AN ACT
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relating to the name, organization, and powers of the Port of Corpus |
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Christi Authority of Nueces County, Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Chapter 397, Acts of the 68th |
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Legislature, Regular Session, 1983, is amended by amending |
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Subdivision (2) and adding Subdivision (5) to read as follows: |
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(2) "Authority" means the Port of Corpus Christi |
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Authority [of Nueces County, Texas]. |
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(5) "Port commissioner" means a member of the port |
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commission. |
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SECTION 2. Section 1A, Chapter 397, Acts of the 68th |
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Legislature, Regular Session, 1983, as added by Chapter 498, Acts |
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of the 81st Legislature, Regular Session, 2009, is amended to read |
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as follows: |
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Sec. 1A. NAME OF AUTHORITY. The name of the Port of Corpus |
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Christi Authority of Nueces County, Texas, is changed to the Port of |
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Corpus Christi Authority. [COMPOSITION OF PORT COMMISSION. The
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port commission is composed of seven members.] |
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SECTION 3. Section 2, Chapter 397, Acts of the 68th |
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Legislature, Regular Session, 1983, is amended to read as follows: |
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Sec. 2. COMPOSITION [APPOINTMENT] OF PORT COMMISSION |
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[COMMISSIONERS]; ELIGIBILITY. (a) The port commission is composed |
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of seven members appointed as follows: |
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(1) the [The] Commissioners Court of Nueces County |
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shall appoint three [four] members to the port commission; |
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(2) [, and] the City Council of Corpus Christi shall |
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appoint three members to the port commission; and |
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(3) the Commissioners Court of San Patricio County |
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shall appoint one member to the port commission. |
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(b) To be eligible for appointment to the port commission, a |
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[A] person must have been a resident of the political subdivision |
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the governing body of which makes the appointment [Nueces County] |
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for at least six months [to be eligible for appointment to the port
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commission]. |
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SECTION 4. Chapter 397, Acts of the 68th Legislature, |
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Regular Session, 1983, is amended by adding Section 4D to read as |
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follows: |
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Sec. 4D. LEASE OF LAND AND BUILDINGS. (a) The authority |
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may lease any real property owned by the authority, other than real |
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property acquired by condemnation, to an individual, private |
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corporation, or other private entity for any purpose the port |
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commission considers necessary or convenient for the industrial or |
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commercial development of the authority's property. |
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(b) The authority may lease property as authorized by this |
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section for any number of years and on any terms to which the port |
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commission and lessee agree. The authority may enter into any other |
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agreements concerning the lease that the port commission considers |
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appropriate. |
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(c) The authority may construct buildings and other |
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improvements on real property owned by the authority, other than on |
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real property acquired by condemnation, for the purpose of leasing |
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the real property, buildings, or other improvements to an |
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individual, private corporation, or other private entity for any |
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purpose the authority considers necessary or convenient for the |
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industrial or commercial development of the authority's property. |
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(d) The authority may not acquire real property by gift and |
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then lease it back to the donor if the donor's leasehold interest in |
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the real property would be exempt from ad valorem taxes, unless the |
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commissioners court of the county in which the real property is |
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located approves the lease. |
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(e) The powers granted to the authority in this section are |
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in addition to, and do not limit, any power the authority has under |
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general law. |
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(f) This section does not limit the powers related to zoning |
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or taxation of a municipality in which the authority is located. In |
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the event of a conflict between this section and the powers related |
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to zoning or taxation of a municipality in which any part of the |
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authority is located, the powers of the municipality prevail. |
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SECTION 5. The following laws are repealed: |
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(1) Chapter 1334, Acts of the 78th Legislature, |
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Regular Session, 2003; |
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(2) Section 1A, Chapter 397, Acts of the 68th |
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Legislature, Regular Session, 1983, as added by Chapter 53, Acts of |
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the 81st Legislature, Regular Session, 2009; and |
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(3) Section 4, Chapter 397, Acts of the 68th |
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Legislature, Regular Session, 1983. |
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SECTION 6. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |