Bill Text: TX SB2614 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the creation of the Presidio International Port Authority District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-05-30 - Recommendations filed with the Senate [SB2614 Detail]

Download: Texas-2023-SB2614-Introduced.html
  88R12328 JTZ-F
 
  By: Blanco S.B. No. 2614
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Presidio International Port
  Authority District; providing authority to issue bonds; providing
  authority to impose assessments, fees, and taxes.
         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 3797 to read as follows:
  CHAPTER 3797. PRESIDIO INTERNATIONAL PORT AUTHORITY DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3797.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the authority's board of directors.
               (2)  "City" means the city of Presidio.
               (3)  "County" means Presidio County.
               (4)  "Director" means a board member.
               (5)  "District" means the Presidio International Port
  Authority District.
               (6)  "School district" means Presidio Independent
  School District.
         Sec. 3797.0102.  NATURE OF DISTRICT. The Presidio
  International Port Authority District is a special district created
  under Section 59, Article XVI, Texas Constitution.
         Sec. 3797.0103.  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,
  the city, the school district, 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.
         (d)  The district is created to serve the interests of the
  residents of the district and the general public by improving the
  Presidio port of entry and encouraging international trade.
         (e)  This chapter and the creation of the district may not be
  interpreted to relieve the county or the city from providing the
  level of services provided as of the effective date of the Act
  enacting this chapter to the area in the district. The district is
  created to supplement and not to supplant county or city services
  provided in the district.
         Sec. 3797.0104.  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;
               (3)  developing or expanding transportation and
  commerce; and
               (4)  developing and expanding international trade.
         (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,
  including by developing, constructing, owning, operating, and
  improving industrial parks;
               (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;
               (4)  provide for water, wastewater, drainage, rail, and
  road facilities for the district; and
               (5)  provide for international border facilities,
  industrial parks, air transportation facilities, intermodal
  facilities, and foreign trade zones in the district.
         (e)  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. 3797.0105.  INITIAL DISTRICT TERRITORY. The district
  is initially composed of the territory in Presidio County.
         Sec. 3797.0106.  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;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code; or
               (3)  a foreign trade zone.
         Sec. 3797.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3797.0108.  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. 3797.0201.  GOVERNING BODY; TERMS. The district is
  governed by a board of seven voting directors who serve staggered
  terms of four years with three or four directors' terms expiring
  June 1 of each odd-numbered year.
         Sec. 3797.0202.  QUALIFICATIONS AND APPOINTMENT OF VOTING
  DIRECTORS. (a) Section 375.063, Local Government Code, does not
  apply to the district.
         (b)  To be qualified to serve as a director, a person must be
  at least 18 years of age.
         (c)  From persons recommended by the board in the manner
  provided by Section 375.064, Local Government Code, the governing
  body of the county shall appoint three directors and the governing
  body of the city shall appoint two directors. Each of the appointed
  directors must be:
               (1)  an owner of property in the district;
               (2)  an owner of a beneficial interest in a trust, or a
  trustee in a trust, that directly or indirectly owns property in the
  district;
               (3)  an agent, employee, or tenant of a person
  described by Subdivision (1) or (2); or
               (4)  a person involved in international trade
  activities in the district.
         (d)  In addition to the directors appointed under Subsection
  (c), notwithstanding the common law doctrine of incompatibility,
  the mayor of the city and the county judge of the county serve as
  directors of the district, except as provided by Subsection (e).  
  Notwithstanding Section 3797.0201, the term of a director who is
  also the mayor of the city or the county judge of the county expires
  when the member's term as mayor or county judge, as applicable,
  expires.
         (e)  The mayor of the city or the county judge of the county
  may decline to serve as a director. If the mayor of the city
  declines to serve, the governing body of the city shall appoint an
  alternate director in the manner provided by Subsection (c). If the
  county judge of the county declines to serve, the county shall
  appoint an alternate director in the manner provided by Subsection
  (c).
         (f)  A director described by Subsection (d) may not
  participate in a discussion of or vote on a matter regarding a
  contract with the political subdivision for which the person serves
  as an officer.
         Sec. 3797.0203.  NONVOTING DIRECTORS. The board may appoint
  representatives of taxing entities in the district to serve as
  nonvoting directors.
         Sec. 3797.0204.  INITIAL DIRECTORS. (a) The initial board
  consists of the following directors:
 
Pos. No. Name of Director
 
1 John Ferguson
 
2 Tom Davis
 
3 Scott Beasley
 
4 Cesar Baeza
 
5 Joe Portillo
 
6 Isela Nunez
 
7 Sergio Mendoza Vidal
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through four expire June 1, 2025, and
  the terms of directors appointed for positions five through seven
  expire June 1, 2027.
         (c)  Section 3797.0202 does not apply to initial directors
  appointed by this section.
         (d)  This section expires September 1, 2027.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3797.0301.  GENERAL POWERS AND DUTIES. (a) The
  district has the powers and duties necessary to accomplish the
  purposes for which the district is created.
         (b)  Section 375.092(e), Local Government Code, applies to
  real property located inside or outside the district.
         Sec. 3797.0302.  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 district may contract with a governmental or private
  entity to carry out an action under Subsection (a).
         (c)  The implementation of a district project or service is a
  governmental function or service for the purposes of Chapter 791,
  Government Code.
         (d)  The county, the school district, the Big Bend Regional
  Hospital District, and any other local government or political
  subdivision may contract with the district to provide for
  financing, construction, maintenance, and operation of public
  infrastructure or to carry out a district purpose.
         (e)  The district may not undertake a project on land owned
  by the city unless the city consents to the project.
         Sec. 3797.0303.  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. 3797.0304.  AUTHORITY TO CONTRACT FOR PUBLIC SAFETY
  SERVICES.  To protect the public interest, the district may
  contract with a qualified party, including a municipality, the
  county, or any other governmental entity to provide law
  enforcement, public safety, fire protection, ambulance, emergency,
  or code enforcement services in the district for a fee.
         Sec. 3797.0305.  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. 3797.0306.  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
  activity in the district, including programs to:
               (1)  make loans and grants of public money; and
               (2)  provide district personnel and services.
         (c)  The district may create economic development programs
  and exercise the economic development powers provided to
  municipalities by:
               (1)  Chapter 380, Local Government Code; and
               (2)  Subchapter A, Chapter 1509, Government Code.
         Sec. 3797.0307.  PARKING FACILITIES. (a) The district may
  acquire, lease as lessor or lessee, construct, develop, own,
  operate, and maintain parking facilities or a system of parking
  facilities, including lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets and related appurtenances.
         (b)  The district's parking facilities serve the public
  purposes of the district and are owned, used, and held for a public
  purpose even if leased or operated by a private entity for a term of
  years.
         (c)  The district's parking facilities are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (d)  The development and operation of the district's parking
  facilities may be considered an economic development program.
         Sec. 3797.0308.  INTERNATIONAL BORDER FACILITIES. (a) The
  district may operate and maintain a port of entry in the district.
         (b)  The district may acquire, lease as lessor or lessee,
  construct, develop, own, operate, and maintain bridge facilities, a
  system of international border crossing points, or other structures
  or accommodations facilitating international trade and related
  appurtenances.
         (c)  The facilities described by this section serve the
  public purposes of the district and are owned, used, and held for a
  public purpose even if leased or operated by a private entity for a
  term of years.
         (d)  The district's bridge facilities are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (e)  The development and operation of the facilities
  described by this section may be considered an economic development
  program.
         Sec. 3797.0309.  RAIL FACILITIES. (a) The district may
  acquire, lease as lessor or lessee, construct, develop, own,
  operate, and maintain rail facilities, and related appurtenances,
  to facilitate international trade.
         (b)  The district's rail facilities serve the public
  purposes of the district and are owned, used, and held for a public
  purpose even if leased or operated by a private entity for a term of
  years.
         (c)  The development and operation of the district's rail
  facilities may be considered an economic development program.
         Sec. 3797.0310.  TRANSPORTATION FACILITIES. (a) The
  district may acquire, lease as lessor or lessee, construct,
  develop, own, operate, and maintain facilities related to air
  transportation and intermodal facilities.
         (b)  The district's air transportation and intermodal
  facilities serve the public purposes of the district and are owned,
  used, and held for a public purpose even if leased or operated by a
  private entity for a term of years.
         (c)  The development and operation of the district's air
  transportation and intermodal facilities may be considered an
  economic development program.
         Sec. 3797.0311.  REGIONAL MOBILITY AUTHORITY POWERS. The
  district may exercise the transportation project powers of a
  regional mobility authority under Chapter 370, Transportation
  Code, for a transportation project, as defined by Section 370.003,
  Transportation Code.
         Sec. 3797.0312.  FEES. The district may establish and
  maintain reasonable and nondiscriminatory rates, fares, charges,
  rents, or other fees or compensation for the use of facilities
  constructed, operated, or maintained by the district.
         Sec. 3797.0313.  FOREIGN TRADE ZONE. (a) In this section,
  "foreign trade zone" has the meaning assigned by Section 681.001,
  Business & Commerce Code.
         (b)  The district may apply for, accept a grant of authority
  to, and establish, operate, and maintain a foreign trade zone,
  including the selection and description of the foreign trade zone
  and subzones.
         (c)  An authorization under this section is subject to the
  requirements of federal law and regulations established to carry
  out the provisions of the Foreign Trade Zones Act (19 U.S.C. Section
  81a et seq.).
         Sec. 3797.0314.  ADDING OR EXCLUDING LAND. The district may
  add or exclude land in the manner provided by Subchapter J, Chapter
  49, Water Code, or by Subchapter H, Chapter 54, Water Code.
         Sec. 3797.0315.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
  board by resolution shall establish the number of directors'
  signatures and the procedure required for a disbursement or
  transfer of district money.
         Sec. 3797.0316.  RESIDENTIAL PROPERTY NOT EXEMPT. Section
  375.161, Local Government Code, does not apply to the district.
         Sec. 3797.0317.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. ASSESSMENTS
         Sec. 3797.0401.  PETITION REQUIRED FOR FINANCING SERVICES
  AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
  service or improvement project with assessments under this chapter
  unless a written petition requesting that service or improvement
  has been filed with the board.
         (b)  A petition filed under Subsection (a) must be signed by
  the owners of a majority of the assessed value of real property in
  the district subject to assessment according to the most recent
  certified tax appraisal roll for the county.
         Sec. 3797.0402.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
  The board by resolution may impose and collect an assessment for any
  purpose authorized by this chapter in all or any part of the
  district.
         (b)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  by the district, penalties and interest on an assessment or
  reassessment, an expense of collection, and reasonable attorney's
  fees incurred by the district:
               (1)  are a first and prior lien against the property
  assessed;
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are the personal liability of and a charge against
  the owners of the property even if the owners are not named in the
  assessment proceedings.
         (c)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (d)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
  SUBCHAPTER E. TAXES AND BONDS
         Sec. 3797.0501.  TAX ELECTION REQUIRED. The district must
  hold an election in the manner provided by Chapter 49, Water Code,
  or, if applicable, Chapter 375, Local Government Code, to obtain
  voter approval before the district may impose an ad valorem tax.
         Sec. 3797.0502.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election under Section 3797.0501, the district may impose an
  operation and maintenance tax on taxable property in the district
  in the manner provided by Section 49.107, Water Code, for any
  district purpose, including to:
               (1)  maintain and operate the district;
               (2)  construct or acquire improvements; or
               (3)  provide a service.
         (b)  The board shall determine the operation and maintenance
  tax rate. The rate may not exceed the rate approved at the
  election.
         Sec. 3797.0503.  AUTHORITY TO BORROW MONEY AND TO ISSUE
  BONDS. (a) The district may borrow money on terms determined by
  the board.
         (b)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from ad valorem taxes,
  assessments, impact fees, revenue, contract payments, grants, or
  other district money, or any combination of those sources of money,
  to pay for any authorized district purpose.
         Sec. 3797.0504.  BONDS SECURED BY REVENUE OR CONTRACT
  PAYMENTS. The district may issue, without an election, bonds
  secured by:
               (1)  revenue other than ad valorem taxes, including
  contract revenues; or
               (2)  contract payments, provided that the requirements
  of Section 49.108, Water Code, have been met.
         Sec. 3797.0505.  BONDS SECURED BY AD VALOREM TAXES;
  ELECTIONS. (a) If authorized at an election under Section
  3797.0501, the district may issue bonds payable from ad valorem
  taxes.
         (b)  Section 375.243, Local Government Code, does not apply
  to the district.
         (c)  At the time the district issues bonds payable wholly or
  partly from ad valorem taxes, the board shall provide for the annual
  imposition of a continuing direct annual ad valorem tax, without
  limit as to rate or amount, for each year that all or part of the
  bonds are outstanding as required and in the manner provided by
  Sections 54.601 and 54.602, Water Code.
         (d)  All or any part of any facilities or improvements that
  may be acquired by a district by the issuance of its bonds may be
  submitted as a single proposition or as several propositions to be
  voted on at the election.
         Sec. 3797.0506.  CONSENT OF CITY REQUIRED. (a) The board
  may not issue bonds until the city has consented by ordinance or
  resolution to the creation of the district and to the inclusion of
  municipal territory in the district.
         (b)  This section applies only to the district's first
  issuance of bonds payable from ad valorem taxes.
  SUBCHAPTER F. DEFINED AREAS
         Sec. 3797.0601.  AUTHORITY TO ESTABLISH DEFINED AREAS OR
  DESIGNATED PROPERTY. The district may define areas or designate
  certain property of the district to pay for improvements,
  facilities, or services that primarily benefit that area or
  property and do not generally and directly benefit the district as a
  whole.
         Sec. 3797.0602.  PROCEDURE FOR ELECTION. (a) Before the
  district may impose an ad valorem tax applicable only to the defined
  area or designated property or issue bonds payable from ad valorem
  taxes of the defined area or designated property, the board shall
  hold an election in the defined area or designated property only.
         (b)  The board may submit the proposition to the voters on
  the same ballot to be used in another election.
         Sec. 3797.0603.  DECLARING RESULT AND ISSUING ORDER. (a) If
  a majority of the voters voting at an election held under Section
  3797.0602 approve the proposition or propositions, the board shall
  declare the results and, by order, shall establish the defined area
  or designated property and describe it by metes and bounds or
  designate the specific area or property.
         (b)  A court may not review the board's order except on the
  ground of fraud, palpable error, or arbitrary and confiscatory
  abuse of discretion.
         Sec. 3797.0604.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
  approval and adoption of an order described by Section 3797.0603,
  the district may apply separately, differently, equitably, and
  specifically its taxing power and lien authority to the defined
  area or designated property to provide money to construct,
  administer, maintain, and operate services, improvements, and
  facilities that primarily benefit the defined area or designated
  property.
         Sec. 3797.0605.  ISSUANCE OF BONDS FOR DEFINED AREA OR
  DESIGNATED PROPERTY. After an order under Section 3797.0603 is
  adopted, the district may issue bonds to provide for any land,
  improvements, facilities, plants, equipment, and appliances for
  the defined area or designated property.
  SUBCHAPTER I. DISSOLUTION
         Sec. 3797.0901.  DISSOLUTION. (a) The board shall dissolve
  the district on written petition filed with the board by the owners
  of:
               (1)  66 percent or more of the assessed value of the
  property subject to assessment by the district based on the most
  recent certified county property tax rolls; or
               (2)  66 percent or more of the surface area of the
  district, excluding roads, streets, highways, utility
  rights-of-way, other public areas, and other property exempt from
  assessment by the district according to the most recent certified
  county property tax rolls.
         (b)  The board by majority vote may dissolve the district at
  any time.
         (c)  The district may not be dissolved by its board under
  Subsection (a) or (b) if the district:
               (1)  has any outstanding bonded indebtedness until that
  bonded indebtedness has been repaid or defeased in accordance with
  the order or resolution authorizing the issuance of the bonds;
               (2)  has a contractual obligation to pay money until
  that obligation has been fully paid in accordance with the
  contract; or
               (3)  owns, operates, or maintains public works,
  facilities, or improvements unless the district contracts with
  another person for the ownership, operation, or maintenance of the
  public works, facilities, or improvements.
         (d)  Sections 375.261, 375.262, and 375.264, Local
  Government Code, do not apply to the district.
         SECTION 2.  (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,
  lieutenant governor, and 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 have been
  fulfilled and accomplished.
         SECTION 3.  This Act takes effect September 1, 2023.
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