Title SD, Special District Local Laws Code

Sec. 5012.0001. DEFINITIONS. In this chapter: (1) "Authority" means the Sabine Pass Port Authority. (2) "Commission" means the authority's port commission. (3) "Commissioner" means a commission member. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. Apri…

Sec. 5012.0002. LEGISLATIVE FINDINGS OF PURPOSE AND BENEFIT. (a) The authority is a port district essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. (b) All territory in the authority benefits from the authority's improvements, works, and facilit…

Sec. 5012.0003. AUTHORITY TERRITORY. The 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; …

Sec. 5012.0051. COMMISSION; TERMS; ELECTION. (a) The authority is governed by a commission composed of five elected commissioners. (b) Commissioners serve staggered two-year terms, with two commissioners elected in each even-numbered year and three commissioners elected in each o…

Sec. 5012.0052. QUALIFICATIONS FOR OFFICE. Each commissioner must: (1) be a resident of the authority; (2) own taxable property in the authority; and (3) be a qualified voter. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5012.0053. NOTICE OF COMMISSIONERS' ELECTION. Notice of a commissioner's election shall be 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…

Sec. 5012.0054. ELECTION RESULTS. As soon as practicable after each election held by the authority, the commission shall declare the results of the election. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5012.0055. COMMISSIONERS' OATH AND BOND. (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 authority, conditioned on the fa…

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 authority business. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 202…

Sec. 5012.0057. OFFICERS. (a) As soon as practicable after each election of commissioners, the commission shall elect one commissioner presiding officer and one commissioner secretary. (b) The presiding officer shall preside at commission meetings. (c) The secretary shall be resp…

Sec. 5012.0058. COMPENSATION OF COMMISSIONERS; EXPENSES. (a) Unless otherwise provided, each commissioner is entitled to receive 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 reim…

Sec. 5012.0101. GENERAL POWERS. The 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. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 41…

Sec. 5012.0102. POWERS REGARDING PORTS, WATERWAYS, AND FACILITIES. The 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 facil…

Sec. 5012.0103. BYLAWS AND RULES. The authority may adopt bylaws and rules for the management and regulation of its affairs. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5012.0104. GIFT OR PURCHASE OF PROPERTY. The authority by gift or purchase may acquire any property or any interest in property that is: (1) inside or outside the authority's boundaries; and (2) necessary or convenient to exercising a power, right, privilege, or function con…

Sec. 5012.0105. EMINENT DOMAIN. (a) To exercise a power provided by law, the authority may exercise the power of eminent domain to acquire any property and any interest in property inside the authority's boundaries. The authority must exercise the power of eminent domain in the m…

Sec. 5012.0106. LEASE OF AUTHORITY FACILITIES. A lease under Section 60.101, Water Code, may contain any provision the commission determines is advantageous to the authority, including a provision for: (1) the sale of a leased property at the termination of the lease; and (2) the…

Sec. 5012.0107. SALE OF SURPLUS PROPERTY. The commission may order authority property sold as provided in Section 60.101, Water Code, if the property is not considered reasonably required to carry out the authority's plans. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172)…

Sec. 5012.0108. GENERAL AUTHORITY TO MAKE CONTRACTS AND EXECUTE INSTRUMENTS. The authority may make a contract or execute an instrument necessary or convenient to exercising a power, right, privilege, or function conferred on the authority by this chapter. Added by Acts 2019, 86t…

Sec. 5012.0109. COMPETITIVE BIDDING FOR CERTAIN CONTRACTS. (a) Before the commission enters into a contract for the expenditure of an amount of $25,000 or more, the authority shall submit the proposed contract for competitive bids as provided by this section. (b) The commission s…

Sec. 5012.0110. OFFICERS, AGENTS, AND EMPLOYEES. The authority may employ, prescribe the duties of, and set the compensation of officers, agents, and employees. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5012.0111. SEAL. The authority may adopt and use a corporate seal. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5012.0112. AUTHORITY TO SUE AND BE SUED. The authority may sue and be sued in its corporate name. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 5012.0151. MAINTENANCE AND OPERATIONS TAX. The commission may impose an annual tax for the maintenance and operation of the authority and the authority's improvements at a rate not to exceed 20 cents for each $100 valuation of taxable property in the authority. Added by Acts…

Sec. 5012.0152. TAX ASSESSOR AND COLLECTOR. (a) The commission shall appoint a tax assessor and collector. (b) The tax assessor and collector shall execute a bond in an amount set by the commission that is: (1) at least twice the average daily balance of the authority in its depo…

Sec. 5012.0153. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS, AND ISSUE ASSOCIATED REVENUE BONDS. The authority may: (1) borrow money for the authority's corporate purposes consistent with the constitution, this chapter, and Chapters 60-63, Water Code; (2) borrow money or accept a gr…

Sec. 5012.0154. AUTHORITY TO BORROW MONEY FOR CURRENT EXPENSES; EVIDENCE OF OBLIGATION. (a) The authority may: (1) borrow money for current expenses; and (2) evidence the borrowed money by warrants. (b) The total amount of the warrants may not exceed the anticipated revenue. Adde…

Sec. 5012.0201. AUTHORITY TO ISSUE BONDS; ELECTION. (a) The authority may issue bonds for any corporate purpose. (b) The authority may issue bonds for a purpose described by Section 5012.0102(1) or to acquire necessary or proper lands, rights of way, extension or improvements of …

Sec. 5012.0202. FORM OF BONDS. Authority bonds must be: (1) issued in the authority's name; and (2) signed by the commission's presiding officer. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5012.0203. TERMS OF ISSUANCE. Authority bonds may be: (1) sold for cash; (2) issued on terms the commission determines in exchange for any property, or any interest in property, that the commission considers necessary or convenient for the corporate purpose for which the bon…

Sec. 5012.0204. DEPOSIT OF PROCEEDS. The proceeds of sale of authority bonds shall be deposited in one or more banks or trust companies, and shall be paid out according to the terms on which the authority and the purchasers of the bonds agree. Added by Acts 2019, 86th Leg., R.S.,…

Sec. 5012.0205. RESOLUTION PROVISIONS. (a) A resolution authorizing bonds may contain provisions approved by the commission that are not inconsistent with this chapter, including provisions: (1) reserving the right to redeem the bonds or requiring the redemption of the bonds, at …

Sec. 5012.0206. BOND ANTICIPATION NOTES. (a) The commission may declare an emergency because money is not available to meet any of the authority's needs, including to pay the principal of and interest on authority bonds. (b) Bond anticipation notes may bear interest at a rate not…

Sec. 5012.0207. REFUNDING BONDS. (a) The authority may make and issue bonds for the purpose of refunding or refinancing outstanding bonds authorized and issued by the authority under this chapter or other law and the interest and any premium on the bonds to maturity or on any ear…

Sec. 5013.001. DEFINITIONS. In this chapter: (1) "Authority" means the Port of Harlingen Authority. (2) "Port commission" means the governing body of the authority. (3) "Port commissioner" means a member of the port commission. (4) "Treasurer" means the treasurer of the authority…

Sec. 5013.002. FORMER NAME OF AUTHORITY. Before April 13, 1983, the authority was known as the Arroyo Colorado Navigation District of Cameron and Willacy Counties. Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.01, eff. April 1, 2019.

Sec. 5013.0025. AUTHORITY TERRITORY. The authority is composed of the original territory of the district, as it may have been amended by Subchapter H, Chapter 62, Water Code, or other law, except the territory does not include any portion of Willacy County. Added by Acts 2021, 87…

Sec. 5013.051. GOVERNING BODY. (a) The navigation and canal commission of the authority is called the port commission and is composed of five port commissioners. (b) The port commissioners shall be elected by the voters of the district at large to positions numbered one through f…

Sec. 5013.101. TREASURER. (a) The port commission: (1) shall hire or appoint a treasurer; and (2) may terminate or suspend the employment or appointment of the treasurer. (b) The treasurer has the power and duties of a treasurer under Chapters 60 and 62, Water Code. (c) Notwithst…

Sec. 5013.102. SALES AND LEASES. (a) Except as provided by this section, the provisions of Subchapter C, Chapter 60, Water Code, apply to all sales and leases entered into by the authority. (b) Notwithstanding Section 60.039, Water Code, the authority may enter into a surface lea…

Sec. 5013.151. MAINTENANCE AND OPERATION TAX; TAX RATE. (a) The authority may impose an ad valorem tax at a rate not to exceed 10 cents on each $100 valuation of all taxable property in the authority for the maintenance, operation, and upkeep of the authority and the improvements…

Sec. 5013.152. SELECTION OF DEPOSITORY. (a) Except as provided by this section, the authority shall select a depository for the authority in the manner provided by Section 60.271, Water Code. (b) The authority shall select a depository in a manner to ensure that authority funds a…

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 10…

Sec. 5016.0002. FORMER NAME OF AUTHORITY. Before May 20, 1981, the authority was known as the Nueces County Navigation District No. 1. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021. SUBCHAPTER B. PORT COMMISSION

Sec. 5016.0051. COMPOSITION OF PORT COMMISSION. The port commission is composed of seven port commissioners. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5016.0052. APPOINTMENT OF PORT COMMISSIONERS; TERMS; ELIGIBILITY. (a) Port commissioners are appointed as follows: (1) the Commissioners Court of Nueces County shall appoint three port commissioners; (2) the city council of the City of Corpus Christi shall appoint three port…