S.B. No. 635

	AN ACT
	relating to the terms and qualifications of the members of the port
	commission of, and the powers, duties, and territory of, the Port of
	Harlingen Authority; authorizing the imposition of a tax.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 5013, Special District Local Laws Code,
	is amended by designating Sections 5013.001 and 5013.002 as
	Subchapter A and adding a subchapter heading to read as follows:
	SUBCHAPTER A.  GENERAL PROVISIONS
	SECTION 2.  Section 5013.001, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 5013.001.  DEFINITIONS [DEFINITION].  In this chapter:
	(1)  "Authority"[, "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.
	SECTION 3.  Subchapter A, Chapter 5013, Special District
	Local Laws Code, as added by this Act, is amended by adding Section
	5013.0025 to read as follows:
	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.
	SECTION 4.  Chapter 5013, Special District Local Laws Code,
	is amended by adding Subchapter B, and a heading is added to that
	subchapter to read as follows:
	SUBCHAPTER B. PORT COMMISSION
	SECTION 5.  Section 5013.003, Special District Local Laws
	Code, is transferred to Subchapter B, Chapter 5013, Special
	District Local Laws Code, as added by this Act, redesignated as
	Section 5013.051, and amended to read as follows:
	Sec. 5013.051  [5013.003].  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 five.
	(c)  Port commissioners serve staggered four-year terms,
	with port commissioners elected in odd-numbered years.
	SECTION 6.  Chapter 5013, Special District Local Laws Code,
	is amended by adding Subchapters C and D to read as follows:
	SUBCHAPTER C.  POWERS AND DUTIES
	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)  Notwithstanding Section 62.152, Water Code, the
	treasurer shall pay all authority expenses from authority funds.
	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 lease for a period of not more
	than 99 years.
	(c)  Notwithstanding Section 60.040, Water Code, the
	authority is not required to publish notice for a sale, easement, or
	lease for a period of not more than 99 years.
	(d)  Sections 60.041 and 60.042, Water Code, do not apply to
	a bid on real property to be sold by the authority.
	SUBCHAPTER D.  FINANCIAL PROVISIONS
	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 constructed by the authority.
	(b)  The authority may change the rate or suspend collection
	of the tax authorized by this section in the manner provided by law
	for official action by the authority, subject to the limitation
	prescribed by Subsection (a).
	(c)  Section 62.160, Water Code, does not apply to the
	authority.
	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 are fully insured by the Federal
	Deposit Insurance Corporation or the National Credit Union Share
	Insurance Fund.
	(c)  The authority may select more than one institution to
	serve as a depository in order to comply with the requirement under
	Subsection (b).
	SECTION 7.  (a)  In this section, "authority," "port
	commission," and "port commissioner" have the meanings assigned by
	Section 5013.001, Special District Local Laws Code, as amended by
	this Act.
	(b)  A port commissioner of the authority who is serving on
	the day before the effective date of this Act shall serve until a
	successor qualifies following an election under Subsection (c) of
	this section.
	(c)  On the uniform election date in November 2021, the port
	commission shall hold an election to elect two port commissioners,
	numbered four and five.
	(d)  The three port commissioners serving on the effective
	date of this Act shall draw lots to assign port commissioner numbers
	one through three and determine which two port commissioners shall
	serve a term expiring December 1, 2023, and which port commissioner
	shall serve a term expiring December 1, 2025.
	(e)  On the uniform election date in November 2023, the port
	commission shall hold an election to elect two port commissioners
	to terms of four years.
	(f)  On the uniform election date in 2025, the port
	commission shall hold an election to elect three port commissioners
	to terms of four years.
	SECTION 8.  (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, the
	lieutenant governor, and the 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 are fulfilled
	and accomplished.
	SECTION 9.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 635 passed the Senate on
	April 19, 2021, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 635 passed the House on
	April 30, 2021, by the following vote:  Yeas 107, Nays 34, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor