HB5669 - Relating to the name and powers of the Sabine Pass Port Authority; altering the terms of the authority's port commission; altering the authority to issue bonds.

  89R7880 SCF-F     By: Phelan H.B. No. 5669       A BILL TO BE ENTITLED   AN ACT   relating to the name and powers of the Sabine Pass Port Authority;   altering the terms of the authority's port commission; altering the   authority to issue bonds.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 5012, Special District   Local Laws Code, is amended to read as follows:   CHAPTER 5012. PORT OF SABINE PASS [ PORT AUTHORITY ]          SECTION 2.  Sections 5012.0001, 5012.0002, and 5012.0003,   Special District Local Laws Code, are amended to read as follows:          Sec. 5012.0001.  DEFINITIONS.  In this chapter:                (1)  [ "Authority" means the Sabine Pass Port Authority.                [ (2) ]  "Commission" means the port's [ authority's ] port   commission.                 (2)  [ (3) ]  "Commissioner" means a commission member.                 (3)  "Port" means the Port of Sabine Pass.          Sec. 5012.0002.  LEGISLATIVE FINDINGS OF PURPOSE AND   BENEFIT. (a)  The port [ authority ] is [ a port district ] 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 port 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 .          (b)   The port serves a public use and benefit.           (c)   All land and other property included [ territory ] in the   port will benefit [ authority benefits ] from the [ authority's ]   improvements and services to be provided by the port under powers   conferred by Section 52-a, Article III, and Section 59, Article   XVI, Texas Constitution, and other powers granted under this   chapter [ , works, and facilities ].          Sec. 5012.0003.   PORT [ AUTHORITY ] TERRITORY.  The port   [ authority ] is composed of the territory in Jefferson County   described by Section 1, Chapter 379, Acts of the 63rd Legislature,   Regular Session, 1973, as that territory may have been modified   under:                (1)  Subchapter H, Chapter 62, Water Code; or                (2)  other law.          SECTION 3.  The heading to Subchapter B, Chapter 5012,   Special District Local Laws Code, is amended to read as follows:   SUBCHAPTER B. PORT [ AUTHORITY ] ADMINISTRATION          SECTION 4.  Sections 5012.0051, 5012.0052, 5012.0053, and   5012.0054, Special District Local Laws Code, are amended to read as   follows:          Sec. 5012.0051.  COMMISSION; TERMS; ELECTION. (a)  The port   [ authority ] is governed by a commission composed of five elected   commissioners.          (b)  Commissioners serve staggered four-year [ two-year ]   terms, with the appropriate number of [ two ] commissioners elected   in each even-numbered year on the uniform election date in May [ and   three commissioners elected in each odd-numbered year ].          (c)  The commission:                (1)  is the port's [ authority's ] governing body; and                (2)  has the powers conferred on navigation and canal   commissioners of navigation districts and the commissioners court   by the Water Code.          Sec. 5012.0052.  QUALIFICATIONS FOR OFFICE.  Each   commissioner must:                (1)  be a resident of the port [ authority ];                (2)  own taxable property in the port [ authority ]; and                (3)  be a qualified voter.          Sec. 5012.0053.  NOTICE OF COMMISSIONERS' ELECTION.  Notice   of a commissioner's election shall be :                 (1)     signed by the commission's presiding officer or   secretary; and                 (2)     posted in accordance with Section 4.003(b),   Election Code [ given by publishing notice once each week for two   consecutive weeks in a newspaper with general circulation in the   authority, with the first publication being made not earlier than   the 60th day before the date of the election, and not later than the   21st day before the date of the election ].          Sec. 5012.0054.  ELECTION RESULTS.  As soon as practicable   after each election held by the port [ authority ], the commission   shall declare the results of the election.          SECTION 5.  Section 5012.0055(a), Special District Local   Laws Code, is amended to read as follows:          (a)  Each commissioner shall:                (1)  take an oath of office that contains the   applicable provisions provided by law for members of the   commissioners court; and                (2)  execute a bond for $10,000 payable to the port   [ authority ], conditioned on the faithful performance of the   commissioner's duties as a commissioner.          SECTION 6.  Section 5012.0056, Special District Local Laws   Code, is amended to read as follows:          Sec. 5012.0056.  VOTING REQUIREMENT.  The concurrence of a   majority of the commissioners present at a meeting where a quorum is   present is sufficient in any matter relating to port [ authority ]   business.          SECTION 7.  Section 5012.0057(c), Special District Local   Laws Code, is amended to read as follows:          (c)  The secretary shall be responsible for maintaining and   preserving the minutes, records, and other documents of the port   [ authority ].          SECTION 8.  Sections 5012.0058, 5012.0101, 5012.0102,   5012.0103, and 5012.0104, Special District Local Laws Code, are   amended to read as follows:          Sec. 5012.0058.  COMPENSATION OF COMMISSIONERS; EXPENSES.   (a)   Each  [ Unless otherwise provided, each ] commissioner is   entitled to receive $600 per month for the commissioner's services   [ a fee of not more than $50 a day for each day of service necessary   to discharge the duties of a commissioner ].          (b)  Each commissioner is entitled to reimbursement for   actual expenses incurred on behalf of the port [ authority ] and   approved by the commission.          Sec. 5012.0101.  GENERAL POWERS.  The port [ authority ] may   exercise:                (1)  the rights, privileges, and functions provided by   this chapter; and                (2)  all powers, rights, privileges, and functions   conferred by Chapters 60 and 62, Water Code.          Sec. 5012.0102.  POWERS REGARDING PORTS, WATERWAYS, AND   FACILITIES.  The port [ authority ] may:                (1)  acquire, take over, construct, maintain, repair,   operate, develop, and regulate wharves, docks, warehouses, grain   elevators, ship repair facilities, belt railways, lands, and all   other facilities or aids consistent with or necessary for the   operation or development of ports, waterways, or maritime commerce   inside or outside the port's [ authority's ] boundaries; and                (2)  construct, extend, improve, repair, maintain,   reconstruct, own, use, and operate any facility necessary or   convenient to the exercise of such powers, rights, privileges, and   functions granted by this chapter.          Sec. 5012.0103.  BYLAWS AND RULES.  The port [ authority ] may   adopt bylaws and rules for the management and regulation of its   affairs.          Sec. 5012.0104.  GIFT OR PURCHASE OF PROPERTY.  The port   [ authority ] by gift or purchase may acquire any property or any   interest in property that is:                (1)  inside or outside the port's [ authority's ]   boundaries; and                (2)  necessary or convenient to exercising a power,   right, privilege, or function conferred on the port [ authority ] by   this chapter.          SECTION 9.  Subchapter C, Chapter 5012, Special District   Local Laws Code, is amended by adding Section 5012.01045 to read as   follows:           Sec.   5012.01045.     USE OF PORT PROPERTY. (a)   The port may   use port property for:                 (1)  job creation and retention;                 (2)  economic development;                 (3)  industry;                 (4)  commerce;                 (5)  manufacturing;                 (6)  housing;                 (7)  recreation;                 (8)  infrastructure installation on port property; or                 (9)     any other activity essential to accomplish the   purposes of Section 52-a, Article III, Texas Constitution.           (b)     For the purposes described by Subsection (a), the port   may:                 (1)     develop, construct, improve, maintain, equip, and   furnish buildings, equipment, facilities, or improvements on or to   port property; and                 (2)     lease port property on terms the commission   considers advisable to allow for the development, construction,   improvement, maintenance, equipping, and furnishing of buildings,   equipment, or facilities on or improvements to the property.           (c)     The port may   enter into a contract with another person   to accomplish the purposes of this section on terms the commission   considers appropriate, desirable, and in the port's best interests.           (d)     The port may not issue bonds or other obligations   payable from ad valorem taxes to finance a project authorized under   this section.          SECTION 10.  Sections 5012.0105, 5012.0106, 5012.0107, and   5012.0108, Special District Local Laws Code, are amended to read as   follows:          Sec. 5012.0105.  EMINENT DOMAIN. (a)  To exercise a power   provided by law, the port [ authority ] may exercise the power of   eminent domain to acquire any property and any interest in property   inside the port's [ authority's ] boundaries.  The port [ authority ]   must exercise the power of eminent domain in the manner provided by   Chapter 21, Property Code.          (b)  The port [ authority ] is a municipal corporation for the   purposes of Section 21.021, Property Code.   &#xA0 [Text truncated for display. Full text available on Congress.gov.]