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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Port of Corpus Christi |
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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 5016.0001, Special District Local Laws |
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Code, as effective April 1, 2021, is amended to read as follows: |
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Sec. 5016.0001. DEFINITIONS. In this chapter: |
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(1) ["Adjacent property" means the approximately 433 |
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acres that the authority owns in San Patricio County that is bounded |
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on the east by the western boundary of the former Naval Station |
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Ingleside, on the north by Farm-to-Market Road 1069, on the west by |
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the corporate limits of the City of Ingleside on the Bay, and on the |
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south by the corporate limits of the City of Ingleside on the Bay |
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and the north shoreline of Corpus Christi Bay. The term does not |
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include property: |
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[(A) that the authority purchased from this state |
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under former Article 8225, Revised Statutes; or |
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[(B) that was granted to the authority by this |
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state under any general or special law. |
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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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[(3) "Naval property" means: |
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[(A) the approximately 576.615 acres of land and |
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submerged land in San Patricio and Nueces Counties, improvements, |
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and personal property, if any, that reverted to the authority when |
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former Naval Station Ingleside closed, other than property that the |
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authority purchased from this state under former Article 8225, |
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Revised Statutes, or that was granted to the authority by this state |
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under any general or special law; and |
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[(B) the adjacent property.] |
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(2) [(4)] "Port commission" means the authority's |
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governing body. |
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(3) [(5)] "Port commissioner" means a member of the |
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port commission. |
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SECTION 2. Subchapter A, Chapter 5016, Special District |
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Local Laws Code, as effective April 1, 2021, is amended by adding |
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Sections 5016.0003 and 5016.0004 to read as follows: |
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Sec. 5016.0003. PURPOSE; LEGISLATIVE FINDINGS. The |
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authority is essential to accomplish the purposes of Section 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other public purposes stated in this chapter. By granting the |
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authority powers under this chapter, the legislature has |
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established a program to accomplish the public purposes set out in |
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Section 52-a, Article III, Texas Constitution. |
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Sec. 5016.0004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The authority serves a public use and benefit. |
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(b) All land and other property included in the authority |
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will benefit from the improvements and services to be provided by |
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the authority under powers conferred by Section 52-a, Article III, |
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and Section 59, Article XVI, Texas Constitution, and other powers |
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granted under this chapter. |
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SECTION 3. Section 5016.0101, Special District Local Laws |
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Code, as effective April 1, 2021, is amended to read as follows: |
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Sec. 5016.0101. USE [AND DISPOSITION] OF CERTAIN [NAVAL] |
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PROPERTY. (a) This section applies only to: |
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(1) property owned by the authority that is located |
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in: |
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(A) the unincorporated areas of Nueces County, |
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other than lands or flats previously purchased from the State of |
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Texas under former Article 8225, Revised Civil Statutes of Texas, |
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1925; or |
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(B) the corporate limits of the City of Robstown; |
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or |
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(2) property owned by Nueces County: |
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(A) that is leased to the authority or that the |
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authority has the right to develop or improve; and |
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(B) that is located in: |
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(i) the unincorporated areas of Nueces |
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County; or |
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(ii) the corporate limits of the City of |
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Robstown. |
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(b) The authority may use [naval] property to which this |
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section applies for [in ways that replace and enhance the economic |
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benefits generated by the former Naval Station Ingleside through |
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diversified activities, including uses to foster]: |
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(1) job creation and retention; |
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(2) economic development; |
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(3) industry; |
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(4) commerce; |
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(5) manufacturing; |
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(6) housing; |
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(7) recreation; [and] |
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(8) infrastructure installation on the [naval] |
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property; or |
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(9) any other activity essential to accomplish the |
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purposes of Section 52-a, Article III, Texas Constitution. |
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[(b) The port commission may: |
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[(1) declare any portion of naval property surplus if |
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the property is not needed for a navigation-related project; and |
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[(2) sell or lease the surplus property on terms the |
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port commission considers advisable to carry out the purposes of |
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this chapter.] |
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(c) For the purposes described by Subsection (b), the |
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authority may: |
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(1) develop, construct, improve, maintain, equip, and |
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furnish buildings, equipment, facilities, or improvements on or to |
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the property; and |
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(2) lease the property owned by the authority, on |
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terms as the port commission considers advisable, to allow for the |
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development, construction, improvement, maintenance, equipping, |
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and furnishing of buildings, equipment, facilities, or |
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improvements on or to the property [Notwithstanding any other law |
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and subject to the terms of this subsection, the authority may sell |
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or lease property declared surplus under this section with or |
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without public bidding. The authority may not sell naval property |
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declared surplus under this section in a private sale for less than |
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the property's fair market value. The authority shall obtain an |
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appraisal of the surplus property, which is conclusive evidence of |
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the surplus property's fair market value]. |
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(d) The authority may contract with another person for |
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assistance in accomplishing the purposes of this section on terms |
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[by competitive bidding or negotiated contract as] the port |
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commission considers appropriate, desirable, and in the |
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authority's best interests. |
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(e) The authority may not issue bonds or other obligations |
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payable from ad valorem taxes to finance a project authorized under |
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this section. |
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SECTION 4. (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 5. 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. |