HB74 - Relating to the creation of the Puerto Verde Port Authority District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

      By: Morales of Maverick, Guillen, McLaughlin, H.B. No. 74       Lujan, Harris, et al.     A BILL TO BE ENTITLED     relating to the creation of the Puerto Verde Port Authority   District; providing authority to issue bonds; providing authority   to impose assessments, fees, and taxes; granting a limited power of   eminent domain.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 4, Special District Local Laws   Code, is amended by adding Chapter 4011 to read as follows:   CHAPTER   4011. PUERTO VERDE PORT AUTHORITY DISTRICT   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 4011.0101.  DEFINITIONS.  In this chapter:                 (1)  "Board" means the district's board of directors.                 (2)  "County" means Maverick County.                 (3)  "Director" means a board member.                 (4)     "District" means the Puerto Verde Port Authority   District.                 (5)     "Rail facilities" includes all real and personal   property owned or held by the district for railroad purposes,   including land, interests in land, structures, easements, rail   lines, stations, platforms, rolling stock, garages, equipment, and   other facilities necessary or convenient for the operation of those   facilities.           Sec.   4011.0102.     NATURE OF DISTRICT. The Puerto Verde Port   Authority District is a special district created under Section 59,   Article XVI, Texas Constitution.           Sec.   4011.0103.     PURPOSE; DECLARATION OF INTENT. (a) The   creation of the district is essential to accomplish the purposes of   Sections 52 and 52-a, Article III, and Section 59, Article XVI,   Texas Constitution, and other public purposes stated in this   chapter.           (b)     By creating the district and in authorizing the county   and other political subdivisions to contract with the district, the   legislature has established a program to accomplish the public   purposes set out in Section 52-a, Article III, Texas Constitution.           (c)     The creation of the district is necessary to promote,   develop, encourage, and maintain employment, commerce,   transportation, housing, tourism, recreation, the arts,   entertainment, economic development, safety, and the public   welfare in the district.           Sec.   4011.0104.     FINDINGS OF BENEFIT AND PUBLIC PURPOSE.   (a) All land and other property included in the district will   benefit from the improvements and services to be provided by the   district under powers conferred by Sections 52 and 52-a, Article   III, and Section 59, Article XVI, Texas Constitution, and other   powers granted under this chapter.           (b)     The district is created to serve a public use and   benefit.           (c)     The creation of the district is in the public interest   and is essential to further the public purposes of:                 (1)     developing and diversifying the economy of the   state;                 (2)  eliminating unemployment and underemployment; and                 (3)     developing or expanding transportation and   commerce.           (d)  The district will:                 (1)     promote the health, safety, and general welfare of   residents, employers, potential employees, employees, visitors,   and consumers in the district, and of the public;                 (2)     provide needed funding for the district to   preserve, maintain, and enhance the economic health and vitality of   the district territory as a community and business center;                 (3)     promote the health, safety, welfare, and enjoyment   of the public by providing pedestrian ways and by landscaping and   developing certain areas in the district, which are necessary for   the restoration, preservation, and enhancement of scenic beauty;   and                 (4)     provide for water, wastewater, drainage, road,   rail, port, navigation, and recreational facilities for the   district.           (e)     Pedestrian ways along or across a street, whether at   grade or above or below the surface, and street lighting, street   landscaping, parking, and street art objects are parts of and   necessary components of a street and are considered to be a street   or road improvement.           (f)     The district will not act as the agent or   instrumentality of any private interest even though the district   will benefit many private interests as well as the public.           Sec.   4011.0105.     INITIAL DISTRICT TERRITORY. (a) The   district is initially composed of the territory described by   Section 2 of the Act enacting this chapter.           (b)     The boundaries and field notes contained in Section 2 of   the Act enacting this chapter form a closure. A mistake in the   field notes or in copying the field notes in the legislative process   does not affect the district's:                 (1)  organization, existence, or validity;                 (2)     right to issue any type of bonds for the purposes   for which the district is created or to pay the principal of and   interest on the bonds;                 (3)  right to impose or collect an assessment or tax; or                 (4)  legality or operation.           Sec.   4011.0106.     ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.   All or any part of the area of the district is eligible to be   included in:                 (1)     a tax increment reinvestment zone created under   Chapter 311, Tax Code; or                 (2)     a tax abatement reinvestment zone created under   Chapter 312, Tax Code.           Sec.   4011.0107.     APPLICABILITY OF MUNICIPAL MANAGEMENT   DISTRICTS LAW. Except as otherwise provided by this chapter,   Chapter 375, Local Government Code, applies to the district.           Sec.   4011.0108.     CONSTRUCTION OF CHAPTER. This chapter   shall be liberally construed in conformity with the findings and   purposes stated in this chapter.   SUBCHAPTER B. BOARD OF DIRECTORS           Sec.   4011.0201.     GOVERNING BODY; TERMS. (a) The district is   governed by a board of five elected voting directors who serve   staggered terms of four years.           (b)     Voting directors are elected in the manner provided by   Subchapter D, Chapter 49, Water Code.           Sec.   4011.0202.     COMPENSATION; EXPENSES. (a) The district   may compensate each voting director in an amount not to exceed $150   for each board meeting. The total amount of compensation for each   voting director in one year may not exceed $7,200.           (b)     A director is entitled to reimbursement for necessary   and reasonable expenses incurred in carrying out the duties and   responsibilities of the board.           (c)     Sections 375.069 and 375.070, Local Government Code, do   not apply to a voting director.           Sec.   4011.0204.     EX OFFICIO DIRECTORS. (a) In addition to   directors elected under Section 4011.0201, the commissioners court   of the county may appoint up to two persons who are officials of or   employed by the county to serve as nonvoting ex officio directors.     An ex officio director serves a term of four years.           (b)     An ex officio director is not counted as a voting   director for purposes of establishing a quorum.           (c)  An ex officio director:                 (1)     is entitled to receive the same notices and   information regarding the district as a voting director; and                 (2)     may attend any board meeting, regardless of   whether the meeting is open or closed to the public.   SUBCHAPTER C. POWERS AND DUTIES           Sec.   4011.0301.     GENERAL POWERS AND DUTIES. (a)   The   district has the powers and duties necessary to accomplish the   purposes for which the district is created.           (b)     The district may contract with a governmental or private   entity, including the county, to carry out an action, power, or duty   authorized by this chapter or to accomplish the purposes for which   the district is created.           Sec.   4011.0302.     IMPROVEMENT PROJECTS AND SERVICES. (a) The   district, using any money available to the district for the   purpose, may provide, design, construct, acquire, improve,   relocate, operate, maintain, or finance an improvement project or   service authorized under this chapter or Chapter 375, Local   Government Code.           (b)     The implementation of a district project or service is a   governmental function or service for the purposes of Chapter 791,   Government Code.   Sec.   4011.0303.     NONPROFIT CORPORATION. (a) The board by   resolution may authorize the creation of a nonprofit corporation to   assist and act for the district in implementing a project or   providing a service authorized by this chapter.           (b)  The nonprofit corporation:                 (1)     has each power of and is considered to be a local   government corporation created under Subchapter D, Chapter 431,   Transportation Code; and                 (2)     may implement any project and provide any service   authorized by this chapter.           (c)     The board shall appoint the board of directors of the   nonprofit corporation. The board of directors of the nonprofit   corporation shall serve in the same manner as the board of directors   of a local government corporation created under Subchapter D,   Chapter 431, Transportation Code, except that a board member is not   required to reside in the district.           Sec.   4011.0304.     NAVIGATION DISTRICT POWERS. The district   has the powers provided by the general law of this state applicable   to navigation districts created under Section 59, Article XVI,   Texas Constitution, including Chapters 60 and 62, Water Code.           Sec.   4011.0305.     LAW ENFORCEMENT SERVICES. To protect the   public interest, the district may contract with a qualified party,   including the county, to provide law enforcement services in the   district for a fee.           Sec.   4011.0306.     MEMBERSHIP IN CHARITABLE ORGANIZATIONS.   The district may join and pay dues to a charitable or nonprofit   organization that performs a service or provides an activity   consistent with the furtherance of a district purpose.           Sec.   4011.0307.     ECONOMIC DEVELOPMENT PROGRAMS. (a) The   district may engage in activities that accomplish the economic   development purposes of the district.           (b)     The district may establish and provide for the   administration of one or more programs to promote state or local   economic development and to stimulate business and commercial & [Text truncated for display. Full text available on Congress.gov.]