SPECIAL DISTRICT LOCAL LAWS CODE


TITLE 5. TRANSPORTATION


SUBTITLE A. NAVIGATION DISTRICTS AND PORT AUTHORITIES


CHAPTER 5016. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS


SUBCHAPTER A. GENERAL PROVISIONS


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 1069, on the west by the corporate limits of the City of Ingleside on the Bay, and on the south by the corporate limits of the City of Ingleside on the Bay and the north shoreline of Corpus Christi Bay. The term does not include property:

(A) that the authority purchased from this state under former Article 8225, Revised Statutes; or

(B) that was granted to the authority by this state under any general or special law.

(2) "Authority" means the Port of Corpus Christi Authority of Nueces County, Texas.

(3) "Naval property" means:

(A) the approximately 576.615 acres of land and submerged land in San Patricio and Nueces Counties, improvements, and personal property, if any, that reverted to the authority when former Naval Station Ingleside closed, other than property that the authority purchased from this state under former Article 8225, Revised Statutes, or that was granted to the authority by this state under any general or special law; and

(B) the adjacent property.

(4) "Port commission" means the authority's governing body.

(5) "Port commissioner" means a member of the port commission.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

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 commissioners; and

(3) the Commissioners Court of San Patricio County shall appoint one port commissioner.

(b) Port commissioners serve staggered three-year terms that expire in January.

(c) A port commissioner may not serve more than four full terms.

(d) A person must have been a resident of Nueces County for at least six months to be eligible for appointment to the port commission by the Commissioners Court of Nueces County or the city council of the City of Corpus Christi.

(e) Subsections (c) and (d) do not apply to a person serving as a port commissioner on June 9, 1995.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5016.0053. FILING OF FINANCIAL STATEMENT BY PORT COMMISSIONERS. (a) Not later than April 30 of each year, a port commissioner shall file with the Texas Ethics Commission a financial statement that complies with Sections 572.022-572.024, Government Code.

(b) The filed statement is a public record.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

SUBCHAPTER C. POWERS AND DUTIES


Sec. 5016.0101. USE AND DISPOSITION OF NAVAL PROPERTY. (a) The authority may use naval property in ways that replace and enhance the economic benefits generated by the former Naval Station Ingleside through diversified activities, including uses to foster:

(1) job creation and retention;

(2) economic development;

(3) industry;

(4) commerce;

(5) manufacturing;

(6) housing;

(7) recreation; and

(8) infrastructure installation on naval property.

(b) The port commission may:

(1) declare any portion of naval property surplus if the property is not needed for a navigation-related project; and

(2) sell or lease the surplus property on terms the port commission considers advisable to carry out the purposes of this chapter.

(c) Notwithstanding any other law and subject to the terms of this subsection, the authority may sell or lease property declared surplus under this section with or without public bidding. The authority may not sell naval property declared surplus under this section in a private sale for less than the property's fair market value. The authority shall obtain an appraisal of the surplus property, which is conclusive evidence of the surplus property's fair market value.

(d) The authority may contract with another person for assistance in accomplishing the purposes of this section by competitive bidding or negotiated contract as the port commission considers appropriate, desirable, and in the authority's best interests.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5016.0102. ELECTIONS. An election relating to the authority must be held in the authority as a whole and not on a county-by-county basis.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5016.0103. SECURITY AND LAW ENFORCEMENT. (a) The port commission may adopt, amend, repeal, and enforce an ordinance, rule, or police regulation necessary to:

(1) protect, secure, and defend the ship channels and waterways in the authority's jurisdiction and facilities served by those ship channels and waterways;

(2) promote the health, safety, and general welfare of any person using the ship channels and waterways in the authority's jurisdiction; or

(3) comply with a federal law or regulation or implement a directive or standard of the federal government, including the United States Department of Homeland Security and the United States Coast Guard, relating to securing ship channels and waterways and facilities served by ship channels and waterways and preventing terrorist attacks on ship channels, waterways, associated maritime facilities, and other facilities served by ship channels and waterways.

(b) In the enforcement of an authority ordinance, rule, or police regulation, a sheriff, constable, or other licensed peace officer or a peace officer employed or appointed by the port commission may make arrests, serve criminal warrants, subpoenas, or writs, and perform any other service or duty that may be performed by any sheriff, constable, or other licensed peace officer in enforcing other laws of this state.

(c) In adopting an ordinance, rule, or police regulation under Subsection (a) of this section, the port commission shall comply with the procedures provided by Sections 60.074 and 60.075, Water Code.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5016.0104. CONTRACTS FOR SECURITY AND LAW ENFORCEMENT SERVICES. (a) The authority may enter into an interlocal agreement with this state or a county, municipality, or other political subdivision of this state to jointly provide, and share the costs of, security for the ship channels and waterways in the authority's jurisdiction.

(b) To protect the public interest, the authority may contract with a qualified party, including the federal government, Nueces County, or San Patricio County, for the provision of law enforcement services in all or part of the authority's jurisdiction.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.