87R19059 BRG-F

By: Herrero H.B. No. 4640

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of the Port of Corpus Christi Authority of Nueces County, Texas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 5016.0001, Special District Local Laws Code, is amended to read as follows:

Sec. 5016.0001. DEFINITIONS. In this chapter:

(1) ["Adjacent property" means the approximately 433 acres that the authority owns in San Patricio County that is bounded on the east by the western boundary of the former Naval Station Ingleside, on the north by Farm-to-Market Road 1069, on the west by the corporate limits of the City of Ingleside on the Bay, and on the south by the corporate limits of the City of Ingleside on the Bay and the north shoreline of Corpus Christi Bay. The term does not include property:

[(A) that the authority purchased from this state under former Article 8225, Revised Statutes; or

[(B) that was granted to the authority by this state under any general or special law.

[(2)] "Authority" means the Port of Corpus Christi Authority of Nueces County, Texas.

[(3) "Naval property" means:

[(A) the approximately 576.615 acres of land and submerged land in San Patricio and Nueces Counties, improvements, and personal property, if any, that reverted to the authority when former Naval Station Ingleside closed, other than property that the authority purchased from this state under former Article 8225, Revised Statutes, or that was granted to the authority by this state under any general or special law; and

[(B) the adjacent property.]

(2) [(4)] "Port commission" means the authority's governing body.

(3) [(5)] "Port commissioner" means a member of the port commission.

SECTION 2. Subchapter A, Chapter 5016, Special District Local Laws Code, is amended by adding Sections 5016.0003 and 5016.0004 to read as follows:

Sec. 5016.0003. PURPOSE; LEGISLATIVE FINDINGS. The authority is essential to accomplish the purposes of Section 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By granting the authority powers under this chapter, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.

Sec. 5016.0004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The authority serves a public use and benefit.

(b) All land and other property included in the authority will benefit from the improvements and services to be provided by the authority under powers conferred by Section 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.

SECTION 3. Section 5016.0101, Special District Local Laws Code, is amended to read as follows:

Sec. 5016.0101. USE [AND DISPOSITION] OF CERTAIN [NAVAL] PROPERTY. (a) This section applies only to:

(1) property owned by the authority that is located in:

(A) the unincorporated areas of Nueces County, other than:

(i) areas in the extraterritorial jurisdiction of the City of Corpus Christi; or

(ii) lands or flats previously purchased from the State of Texas under former Article 8225, Revised Civil Statutes of Texas, 1925; or

(B) the corporate limits of the City of Robstown; or

(2) property owned by Nueces County or the City of Robstown:

(A) that is leased to the authority or that the authority has the right to develop or improve; and

(B) that is located in:

(i) the unincorporated areas of Nueces County, other than areas in the extraterritorial jurisdiction of the City of Corpus Christi; or

(ii) the corporate limits of the City of Robstown.

(b) The authority may use [naval] property to which this section applies for [in ways that replace and enhance the economic benefits generated by the former Naval Station Ingleside through diversified activities, including uses to foster]:

(1) job creation and retention;

(2) economic development;

(3) industry;

(4) commerce;

(5) manufacturing;

(6) housing;

(7) recreation; [and]

(8) infrastructure installation on the [naval] property; or

(9) any other activity essential to accomplish the purposes of Section 52-a, Article III, Texas Constitution.

[(b) The port commission may:

[(1) declare any portion of naval property surplus if the property is not needed for a navigation-related project; and

[(2) sell or lease the surplus property on terms the port commission considers advisable to carry out the purposes of this chapter.]

(c) For the purposes described by Subsection (b), the authority may:

(1) develop, construct, improve, maintain, equip, and furnish buildings, equipment, facilities, or improvements on or to the property; and

(2) lease the property owned by the authority, on terms as the port commission considers advisable, to allow for the development, construction, improvement, maintenance, equipping, and furnishing of buildings, equipment, facilities, or improvements on or to the property [Notwithstanding any other law and subject to the terms of this subsection, the authority may sell or lease property declared surplus under this section with or without public bidding. The authority may not sell naval property declared surplus under this section in a private sale for less than the property's fair market value. The authority shall obtain an appraisal of the surplus property, which is conclusive evidence of the surplus property's fair market value].

(d) The authority may contract with another person for assistance in accomplishing the purposes of this section on terms [by competitive bidding or negotiated contract as] the port commission considers appropriate, desirable, and in the authority's best interests.

(e) The authority may not issue bonds or other obligations payable from ad valorem taxes to finance a project authorized under this section.

SECTION 4. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

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, 2021.