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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale, development, or acquisition of certain |
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property by certain navigation districts, including the Port of |
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Houston Authority of Harris County, Texas; removing authority to |
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own certain property, acquire certain property, and make related |
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changes to the board of commissioners and name of the navigation |
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district; requiring the sale or development of certain property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 5007, Special District |
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Local Laws Code, is amended by adding Sections 5007.011 and |
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5007.012 to read as follows: |
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Sec. 5007.011. SALE OF CERTAIN REAL PROPERTY. (a) In this |
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section, "taxing unit" has the meaning assigned by Section 1.04, |
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Tax Code. |
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(b) The authority may not sell real property to a person if |
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the ownership and use of the property under the new owner would |
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render the property not subject to ad valorem taxation, unless the |
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sale is approved by a resolution adopted by each taxing unit, other |
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than the authority, in which the property is located. |
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Sec. 5007.012. SALE OR DEVELOPMENT OF REAL DISTRICT |
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PROPERTY. (a) This section applies only to real property owned by |
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the authority on Pelican Island. |
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(b) Not later than September 1, 2024, the authority shall: |
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(1) substantially develop the property; or |
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(2) sell the property at an auction open only to |
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bidders other than entities approved by the Internal Revenue |
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Service as tax exempt under Section 501(c)(3), Internal Revenue |
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Code of 1986. |
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SECTION 2. Subchapter A, Chapter 60, Water Code, is amended |
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by adding Section 60.006 to read as follows: |
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Sec. 60.006. DISTRICT PROPERTY. Notwithstanding any other |
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law, a district may not own real property on the Bolivar Peninsula |
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or Pelican Island, other than an easement or right-of-way necessary |
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to gain access to district property or perform district functions. |
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SECTION 3. The following sections of the Water Code are |
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repealed: |
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(1) Section 62.1071; |
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(2) Section 62.1072; and |
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(3) Section 62.209. |
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SECTION 4. A navigation district in violation of Section |
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60.006, Water Code, as added by this Act, on the effective date of |
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this Act, is not subject to penalty or suit related to that |
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violation if the navigation district completes a sale or transfer |
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of the property the ownership of which results in the violation not |
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later than September 1, 2024. |
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SECTION 5. (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 6. 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, 2021. |