reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.105. Conditional Transfer of Property

Sec. 4501.105.  CONDITIONAL TRANSFER OF PROPERTY.  (a)  A conveyance of authority property, including a lease, to a private operator or any other person must be conditioned on an obligation that the property must be used as provided by this section.
(b)  The conveyance must provide that ownership of authority property automatically reverts to the Parks and Wildlife Department if the authority or a private operator:
(1)  does not use the property:
(A)  to support the operations of the Texas State Railroad; or
(B)  in a manner that primarily promotes a state public interest; or
(2)  converts the Texas State Railroad to a static display.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.106. Surplus Property

Sec. 4501.106.  SURPLUS PROPERTY.  The authority, with the consent of the Parks and Wildlife Department, may dispose of surplus property, including by exchanging the surplus property with another person for other property, to improve the quality and usefulness of property used by the authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.107. Disposition of Public Parks and Recreational Lands; Exemption From Applicability of Other Law

Sec. 4501.107.  DISPOSITION OF PUBLIC PARKS AND RECREATIONAL LANDS; EXEMPTION FROM APPLICABILITY OF OTHER LAW.  Chapter 253, Local Government Code, and Chapter 26, Parks and Wildlife Code, do not apply to the use, transfer, or other disposition of property by any method:
(1)  to the authority by any person; or
(2)  by the authority to any person.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.108. Nonprofit Corporation

Sec. 4501.108.  NONPROFIT CORPORATION.  (a)  The board by resolution may authorize the creation of a nonprofit corporation to assist the authority in implementing a project or providing a service authorized by this chapter.
(b)  The nonprofit corporation 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.109. Authority to Sue and Be Sued; Immunity

Sec. 4501.109.  AUTHORITY TO SUE AND BE SUED; IMMUNITY.  (a)  The authority may sue and be sued in this state.
(b)  This section does not waive any governmental immunity that would otherwise apply to the authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter D. General Financial Provisions › Section 4501.151. Ad Valorem Taxes Prohibited

Sec. 4501.151.  AD VALOREM TAXES PROHIBITED.  The authority may not impose an ad valorem tax.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter D. General Financial Provisions › Section 4501.152. Grants; Donations

Sec. 4501.152.  GRANTS; DONATIONS.  The authority may accept grants and donations, including property, for any authority purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter D. General Financial Provisions › Section 4501.153. Grants From Other Taxing Authority; Contract

Sec. 4501.153.  GRANTS FROM OTHER TAXING AUTHORITY; CONTRACT.  (a)  A taxing authority in Anderson or Cherokee County may by contract grant to the authority:
(1)  sales tax revenue received from a sale made on property owned, controlled, or leased by the authority or by a person with whom the authority contracts under Section 4501.102; or
(2)  local hotel occupancy tax revenue received from a hotel located within one mile of a place where the Texas State Railroad loads or unloads passengers.
(b)  The grant must serve a public purpose of the taxing authority making the grant.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter E. Dissolution › Section 4501.201. Dissolution of Authority; Outstanding Debt

Sec. 4501.201.  DISSOLUTION OF AUTHORITY; OUTSTANDING DEBT.  (a)  The board may dissolve the authority regardless of whether the authority has debt.
(b)  If the authority has debt when it is dissolved, the authority shall remain in existence solely for the purpose of discharging its debts.  The dissolution is effective when all debts have been discharged.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. General Provisions › Section 5001.001. Definitions

Sec. 5001.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the navigation and canal commission of the district.
(2)  "Commissioner" means a member of the commission.
(3)  "District" means the Aransas County Navigation District.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 436 (S.B. 1953), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. General Provisions › Section 5001.002. Nature of District

Sec. 5001.002.  NATURE OF DISTRICT.  The district is a navigation district operating under Section 59, Article XVI, Texas Constitution.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. General Provisions › Section 5001.003. District Territory

Sec. 5001.003.  DISTRICT TERRITORY.  The district is composed of all the territory in Aransas County, unless the district territory is modified under:
(1)  Section 3 or 3a, Chapter 103, Acts of the 41st Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's Texas Civil Statutes), after May 14, 1949, and before August 30, 1971;
(2)  Subchapter H, Chapter 62, Water Code;  or
(3)  other law.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. General Provisions › Section 5001.004. Governance of District

Sec. 5001.004.  GOVERNANCE OF DISTRICT.  The district is governed by Chapter 62, Water Code, and all statutes relating to a navigation district created under that chapter.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. -1. Commission › Section 5001.021. Commission; Terms

Sec. 5001.021.  COMMISSION; TERMS.  (a)  The district is governed by a commission consisting of five elected commissioners.
(b)  Commissioners serve staggered four-year terms of office, with two or three commissioners' terms expiring January 1 of each odd-numbered year.
(c)  One commissioner is elected from each Aransas County commissioners precinct and one commissioner is elected from the district at large.
Added by Acts 2007, 80th Leg., R.S., Ch. 436 (S.B. 1953), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. -1. Commission › Section 5001.022. Election of Commissioners

Sec. 5001.022.  ELECTION OF COMMISSIONERS.  On the uniform election date in November of each even-numbered year, the appropriate number of commissioners shall be elected.
Added by Acts 2007, 80th Leg., R.S., Ch. 436 (S.B. 1953), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. -1. Commission › Section 5001.023. Compensation of Commissioners

Sec. 5001.023.  COMPENSATION OF COMMISSIONERS.  Notwithstanding Section 62.070, Water Code, the commission shall set the amount of the compensation, office and travel expenses, and other allowances for the commissioners, other district officers, and employees who are paid wholly from district money.
Added by Acts 2007, 80th Leg., R.S., Ch. 436 (S.B. 1953), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. -1. Commission › Section 5001.024. Notice of Election

Sec. 5001.024.  NOTICE OF ELECTION.  The secretary of the commission shall give notice of an election by posting or publishing the notice for at least 20 days before the date of the election.
Amended by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 13.0035(b), eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. -1. Commission › Section 5001.025. Vacancies

Sec. 5001.025.  VACANCIES.  (a)  A vacancy in the office of a commissioner that occurs for any reason shall be filled by the remaining members of the commission except as provided by this section.
(b)  If three or more vacancies in commissioners' offices occur at the same time, a special election may be called as provided by Section 62.066, Water Code.
Amended by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 13.0035(b), eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter A. -1. Commission › Section 5001.026. Removal From Office

Sec. 5001.026.  REMOVAL FROM OFFICE.  (a)  A commissioner may be removed from office for malfeasance or nonfeasance in office by unanimous vote of the commissioners court of Aransas County after a hearing.
(b)  Appeal from a judgment of removal may be taken to a district court in Aransas County.  The court shall try the case de novo.
Amended by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 13.0035(b), eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter B. District Promotion and Development Fund › Section 5001.051. Definition

Sec. 5001.051.  DEFINITION.  In this subchapter, "fund" means a promotion and development fund created by the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 436 (S.B. 1953), Sec. 4, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 13.0035(c), eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter B. District Promotion and Development Fund › Section 5001.052. Authority to Create Fund

Sec. 5001.052.  AUTHORITY TO CREATE FUND.  The district may create a promotion and development fund.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter B. District Promotion and Development Fund › Section 5001.053. Limitation on Deposits to Fund

Sec. 5001.053.  LIMITATION ON DEPOSITS TO FUND.  The district may deposit to the credit of the fund not more than five percent of its gross income from operations in a calendar year.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter B. District Promotion and Development Fund › Section 5001.054. Separate Fund

Sec. 5001.054.  SEPARATE FUND.  (a)  Money in the promotion and development fund shall be kept separate from all other funds and accounts of the district.
(b)  Money derived from the imposition of taxes may not be deposited to the credit of the fund.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter B. District Promotion and Development Fund › Section 5001.055. Authorized Expenditures of Money in Fund

Sec. 5001.055.  AUTHORIZED EXPENDITURES OF MONEY IN FUND.  Money in the fund may be spent by the commission, or as the commission may direct, to pay any expense connected with:
(1)  an activity or matter incidental to the advertising, development, or promotion of the district or a port, waterway, harbor, or terminal of the district;
(2)  the furtherance of the general welfare of the district or a facility of the district;  or
(3)  the improvement of the district's relations with a steamship or rail line, a shipper, a consignee of freight, a government official, or another person interested or thought to be interested in a port, waterway, harbor, or terminal of the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter B. District Promotion and Development Fund › Section 5001.056. Control Over Fund and Expenditures

Sec. 5001.056.  CONTROL OVER FUND AND EXPENDITURES.  The commission:
(1)  has exclusive control over the fund;  and
(2)  is fully responsible for auditing, approving, and safeguarding each expenditure of money from the fund.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter B. District Promotion and Development Fund › Section 5001.057. Duties of County Auditor in Relation to Fund

Sec. 5001.057.  DUTIES OF COUNTY AUDITOR IN RELATION TO FUND.  (a)  The county auditor shall exercise the auditor's usual supervision and control to ensure that the commission complies with Section 5001.053.
(b)  The county auditor may not audit expenditures from the fund but is entitled to receive a monthly statement that shows with respect to each expenditure:
(1)  the date of the expenditure;
(2)  the amount of the expenditure;
(3)  the person or entity who received the expenditure;  and
(4)  the general purpose of the expenditure.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter B. District Promotion and Development Fund › Section 5001.058. Effect of Fund on Other Expenditures

Sec. 5001.058.  EFFECT OF FUND ON OTHER EXPENDITURES.  The creation of the fund or an expenditure of money from the fund does not affect the payment of any expense that is customarily approved, audited, or paid out of the regular funds of the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter C. Property Management › Section 5001.101. Purchase or Lease of Property

Sec. 5001.101.  PURCHASE OR LEASE OF PROPERTY.  The district may purchase or lease property in the same manner as a county.
Added by Acts 2007, 80th Leg., R.S., Ch. 436 (S.B. 1953), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5001 - Aransas County Navigation District › Subchapter C. Property Management › Section 5001.102. Security for Bids on Land to Be Sold

Sec. 5001.102.  SECURITY FOR BIDS ON LAND TO BE SOLD.  Notwithstanding Section 60.041, Water Code, the commission may determine the amount of the check or bond a bidder must submit with a bid to purchase land from the district to guarantee that the bidder will perform the terms of the purchase bid if it is accepted by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 549 (H.B. 2792), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter A. General Provisions › Section 5002.001. Definitions

Sec. 5002.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the port commission of the district.
(2)  "Commissioner" means a port commission member.
(3)  "District" means Port Freeport.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.050, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter A. General Provisions › Section 5002.002. Nature and Purpose of District

Sec. 5002.002.  NATURE AND PURPOSE OF DISTRICT.  The district is created under Section 59, Article XVI, Texas Constitution, to make improvements for the navigation of inland and coastal waters, and for the preservation and conservation of inland and coastal waters for navigation and for control and distribution of storm and flood waters of rivers and streams in aid of navigation.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter A. General Provisions › Section 5002.003. Legislative Findings

Sec. 5002.003.  LEGISLATIVE FINDINGS.  All property situated in the district and subject to taxation will benefit from the improvements to be constructed by the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter A. General Provisions › Section 5002.004. District Territory

Sec. 5002.004.  DISTRICT TERRITORY.  The district is composed of the territory in Brazoria County described by Section 1, Chapter 55, Acts of the 40th Legislature, 1st Called Session, 1927, as that territory may have been modified under:
(1)  Section 3, Chapter 103, Acts of the 41st Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's Texas Civil Statutes), on or after May 23, 1929, and before August 30, 1971;
(2)  Section 3a, Chapter 103, Acts of the 41st Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's Texas Civil Statutes), on or after May 16, 1951, and before August 30, 1971;
(3)  Subchapter H, Chapter 62, Water Code; or
(4)  other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter B. District Administration › Section 5002.051. Port Commission; Term; Election

Sec. 5002.051.  PORT COMMISSION; TERM; ELECTION.  (a)  The district is governed by an elected board consisting of six commissioners.
(b)  Commissioners serve staggered six-year terms.
(c)  An election shall be held in the district every two years to elect two commissioners.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.051, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter B. District Administration › Section 5002.052. Navigation Precincts

Sec. 5002.052.  NAVIGATION PRECINCTS.  For the purpose of electing commissioners, the district is divided into four navigation precincts.  The boundaries of the navigation precincts are described by Section 4a, Chapter 55, Acts of the 40th Legislature, 1st Called Session, 1927.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter B. District Administration › Section 5002.053. Election by Position; Qualifications

Sec. 5002.053.  ELECTION BY POSITION; QUALIFICATIONS.  (a)  Commissioners are elected by position as follows:
(1)  the commissioner elected for Position 1 is at large and must reside in the district;
(2)  the commissioners elected for Positions 2 and 3 must reside in Navigation Precinct No. 1;
(3)  the commissioner elected for Position 4 must reside in Navigation Precinct No. 2;
(4)  the commissioner elected for Position 5 must reside in Navigation Precinct No. 3; and
(5)  the commissioner elected for Position 6 must reside in Navigation Precinct No. 4.
(b)  Each commissioner must be a qualified voter of the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter B. District Administration › Section 5002.054. Placing Candidate on Ballot

Sec. 5002.054.  PLACING CANDIDATE ON BALLOT.  A request for placing the name of a candidate on the ballot must be filed with the board's presiding officer and be:
(1)  in writing and signed by the candidate; or
(2)  in the form of a petition signed by at least 25 qualified voters of the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter B. District Administration › Section 5002.055. Election Administration; Notice of Election

Sec. 5002.055.  ELECTION ADMINISTRATION; NOTICE OF ELECTION.  (a)  The board shall make arrangements for each election.
(b)  Notice of the election, signed by the board's presiding officer or secretary, must be published once a week for two consecutive weeks in a newspaper of general circulation within the district.  The first publication must occur not later than the 14th day before the date of the election.
(c)  All district voters may vote for candidates for commissioner in all navigation precincts.
(d)  The board shall declare the results of each election.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter B. District Administration › Section 5002.056. Date Commissioner Takes Office

Sec. 5002.056.  DATE COMMISSIONER TAKES OFFICE.  A commissioner shall take office on the appropriate date following the person's election.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter B. District Administration › Section 5002.057. Bond

Sec. 5002.057.  BOND.  As a qualification for office, a commissioner must post a bond in the amount of $10,000 that is:
(1)  executed by the commissioner and by two solvent sureties or by a surety company authorized to do business in this state; and
(2)  approved by the county judge of Brazoria County.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter B. District Administration › Section 5002.058. Vacancies

Sec. 5002.058.  VACANCIES.  (a)  Except as otherwise provided by this section, if a vacancy occurs in the office of commissioner, the board shall appoint a commissioner for the remainder of the unexpired term.
(b)  If more than two vacancies occur at the same time, the remaining commissioners shall call a special election to fill the vacancies.
(c)  If the remaining commissioners fail to call the election within 15 days after the date the vacancies occur, the judge or judges of the district court or courts of the judicial district in which the district is located, on the petition of a voter or creditor of the district, may:
(1)  order that an election be held, specifying the date of the election;
(2)  order the Brazoria County clerk to publish notice of the election; and
(3)  name the officers to hold the election.
(d)  The returns of an election held by order of the district judge or judges shall be made and filed in the office of the clerk of the district court, and the clerk of the district court shall declare the result of the election.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter B. District Administration › Section 5002.059. District Treasurer

Sec. 5002.059.  DISTRICT TREASURER.  (a)  The board shall appoint from time to time a person to serve in the office of district treasurer.
(b)  The district treasurer shall perform the duties for the district that were performed before September 1, 1999, by the county treasurer of Brazoria County.
(c)  Before receiving district money from any source, the district treasurer shall execute a good and sufficient bond payable to the board for the benefit of the district in an amount set by the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter C. General Financial Provisions › Section 5002.101. Depository

Sec. 5002.101.  DEPOSITORY.  (a)  The board by resolution shall designate a bank in Brazoria County as the district's depository.
(b)  The designated bank serves as the depository for a term of two years and until a successor depository has been selected.
(c)  All money of the district shall be secured in the manner provided for the security of county funds.
(d)  The tax assessor and collector for Brazoria County or another official performing the duties of tax assessor and collector for the district shall:
(1)  deposit all taxes collected for the district in the depository bank designated as depository for Brazoria County; and
(2)  promptly transfer and deposit the money to the district's account in the district's depository.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter C. General Financial Provisions › Section 5002.102. Maintenance of Books, Records, and Accounts

Sec. 5002.102.  MAINTENANCE OF BOOKS, RECORDS, AND ACCOUNTS.  The district shall maintain the books, records, and accounts of the district.  The Brazoria County treasurer is not required to maintain any books, records, or accounts for the district other than as required by the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter D. Powers and Duties › Section 5002.152. Powers Regarding Ports and Facilities

Sec. 5002.152.  POWERS REGARDING PORTS AND FACILITIES.  Except as provided by Section 5002.153, the district may:
(1)  acquire by gift, purchase, or eminent domain and own land adjacent or accessible by road, rail, or water to navigable water and ports developed by the district that is necessary for the development and operation of the navigable water or ports within the district or necessary for or in aid of the development of industries and businesses on that land; and
(2)  construct, extend, improve, repair, maintain, and reconstruct, cause to be constructed, extended, improved, repaired, maintained, and reconstructed, and own, rent, lease, use, and operate any facility of any kind necessary or convenient to the exercise of the rights, powers, privileges, and functions granted by this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter D. Powers and Duties › Section 5002.153. Limitation on Acquisition and Use of Real Property Within the Corporate Limits of Certain Municipalities

Sec. 5002.153.  LIMITATION ON ACQUISITION AND USE OF REAL PROPERTY WITHIN THE CORPORATE LIMITS OF CERTAIN MUNICIPALITIES.  After the effective date of the Act enacting this section, the district shall not:
(1)  acquire by gift, purchase, or condemnation any real property located within the protected zone unless:
(A)  the acquisition is of a residential lot or lots for which no change in the permitted use will be sought by the district; or
(B)  the acquisition is submitted to the qualified voters of the municipality within which the real property is located at an election held on a uniform election date and is approved by a majority of the votes received at the election;
(2)  use any property owned or acquired by the district in the port zone for anything other than a port use; or
(3)  use any property owned or acquired by the district in the protected zone that is not in the port zone for anything other than a use permitted under the zoning ordinance unless the use is approved by the governing body of the municipality in which the land is located.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter D. Powers and Duties › Section 5002.154. Calling Election

Sec. 5002.154.  CALLING ELECTION.  The governing body of a municipality shall call an election under Section 5002.153(1)(B) to be held on the next uniform election date within 30 days of the municipality’s receipt from the district of a written request for the election and the description of all property subject to the election.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter D. Powers and Duties › Section 5002.155. Replatting of Land

Sec. 5002.155.  REPLATTING OF LAND.  (a)  The district may replat land owned by the district in accordance with Subchapter A, Chapter 212, Local Government Code, for the purpose of combining previously platted lots for development.
(b)  The municipal authority responsible for approving the plat shall approve a replat requested by the district for the purposes set forth in this section within 60 days following receipt of the application for replat.
(c)  The provisions of Subsection (b) do not apply to the replatting of land by the district if the replat creates or proposes municipally owned or municipally maintained public right-of-way or municipally owned or municipally maintained water, wastewater, or stormwater infrastructure within the property being platted.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter E. Relationship With Municipalities › Section 5002.201. District Property Subject to Municipal Jurisdiction

Sec. 5002.201.  DISTRICT PROPERTY SUBJECT TO MUNICIPAL JURISDICTION.  (a)  This section applies only to property:
(1)  owned or leased by the district; and
(2)  located in:
(A)  the district; and
(B)  the boundaries or extraterritorial jurisdiction of a municipality with a population of less than 20,000 that is wholly located in the district and whose corporate limits border the Gulf of Mexico.
(b)  Except as provided by Subsection (c), the district has exclusive land use jurisdiction over property to which this section applies.
(c)  This section does not apply to an ordinance, rule, or other measure adopted by a municipality that:
(1)  applies only to property within the boundaries of the municipality;
(2)  regulates only the safety of the operations of the municipality or reasonable aesthetics, including regulations governing fire and emergency response, traffic, light, or noise;
(3)  is commercially reasonable; and
(4)  does not effectively prohibit development and operation of industries and businesses on property owned or leased by the district that are built in accordance with building codes adopted by the district that meet or exceed the building codes adopted by the local municipality.
(d)  A municipality may conduct inspections to verify compliance with Subsection (c) if the inspections are conducted in a timely manner, and any differences in interpretation of applicable codes are determined in favor of the district.
(e)  Except as provided by Subsection (c), a municipality may not adopt or enforce an ordinance, rule, or other measure that prohibits or restricts:
(1)  the acquisition or leasing of property to which this section applies for a purpose described by Section 5002.152; or
(2)  the development of industries and businesses on property to which this section applies.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter E. Relationship With Municipalities › Section 5002.202. Municipal Consent Not Required

Sec. 5002.202.  MUNICIPAL CONSENT NOT REQUIRED.  Municipal consent is not required for the district to exercise a power or duty under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter E. Relationship With Municipalities › Section 5002.203. Designation of Reinvestment Zone

Sec. 5002.203.  DESIGNATION OF REINVESTMENT ZONE.  Notwithstanding Subchapter B, Chapter 312, Tax Code, the district may submit a written request to the commissioners court of a county in which a property owned by the district is located for the commissioners court to designate the property as a reinvestment zone or area for the purposes of Chapter 312, Tax Code.  The commissioners court may designate the property as a reinvestment zone or area if the commissioners court finds the criteria set forth in Section 312.202, Tax Code, are met for the property as if a municipality in which the property is located were creating the zone.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter E. Relationship With Municipalities › Section 5002.204. Enforcement of Subchapters

Sec. 5002.204.  ENFORCEMENT OF SUBCHAPTERS.  (a)  The provisions of Subchapters D and E may be enforced only through mandamus or declaratory or injunctive relief. A political subdivision's immunity from suit is waived in regard to an action under this subchapter.
(b)  A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5002 - Port Freeport › Subchapter E. Relationship With Municipalities › Section 5002.205. Effect of Invalidity of Certain Provisions

Sec. 5002.205.  EFFECT OF INVALIDITY OF CERTAIN PROVISIONS.  (a)  This section applies only to a municipality with a population of more than 5,000 that is wholly located in the district and to property:
(1)  owned or leased by the district;
(2)  located in the district and within seven miles of the Gulf of Mexico; and
(3)  located in the corporate limits or extraterritorial jurisdiction of a municipality that is subject to this section.
(b)  If enforcement of any part of Section 5002.201 is ever permanently enjoined or held to be invalid or to violate the requirements of the Texas Constitution by a final, non-appealable order or judgment of a court of competent jurisdiction, other than pursuant to an action initiated by the district, then:
(1)  all of Section 5002.201 will be automatically enjoined from enforcement; and
(2)  the authority of a municipality subject to this section to regulate property subject to this section under Chapter 211 or 212, Local Government Code, or any local code or ordinance shall be expressly preempted and Chapter 232, Local Government Code, shall exclusively apply to such property.
(c)  If enforcement of any part of Section 5002.153 or 5002.154 is ever permanently enjoined or held to be invalid or to violate the requirements of the Texas Constitution by a final, non-appealable order or judgment of a court of competent jurisdiction, other than pursuant to an action initiated by a municipality, then Section 5002.201 will be automatically enjoined from enforcement.
Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter A. General Provisions › Section 5003.001. Definitions

Sec. 5003.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of navigation commissioners of the port authority.
(2)  "Commissioner" means a board member.
(3)  "Port authority" means the Calhoun Port Authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.053, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter A. General Provisions › Section 5003.002. Nature and Purpose of Port Authority

Sec. 5003.002.  NATURE AND PURPOSE OF PORT AUTHORITY.  The port authority is a navigation district.  To the extent authorized by this chapter, the port authority is created to:
(1)  improve navigation in the port authority; and
(2)  maintain, develop, extend, and improve port facilities and wharf and dock facilities in the port authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.054, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter A. General Provisions › Section 5003.003. Legislative Findings

Sec. 5003.003.  LEGISLATIVE FINDINGS.  (a)  The creation of the port authority is essential:
(1)  to accomplish the purposes of Section 59, Article XVI, Texas Constitution;
(2)  to the general welfare of this state; and
(3)  for the development of marine shipping.
(b)  All property in the port authority benefits from the creation of the port authority by the improvements to be constructed or acquired by the port authority in carrying out the port authority's purposes.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.055, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter A. General Provisions › Section 5003.004. Port Authority Territory

Sec. 5003.004.  PORT AUTHORITY TERRITORY.  The port authority is composed of all the territory of Calhoun County, including all land and water areas of the county:
(1)  except for territory included in the West Side Calhoun County Navigation District as described in Volume H, pages 568-570, of the minutes of the Commissioners Court of Calhoun County; and
(2)  as that territory may have been modified under:
(A)  Section 3 or Section 3a, Chapter 103, Acts of the 41st Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's Texas Civil Statutes), before August 30, 1971;
(B)  Subchapter H, Chapter 62, Water Code; or
(C)  other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.056, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter B. Port Authority Administration › Section 5003.051. Board of Navigation Commissioners

Sec. 5003.051.  BOARD OF NAVIGATION COMMISSIONERS.  The port authority is governed by a board of six commissioners.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.058, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter B. Port Authority Administration › Section 5003.052. Navigation Precincts

Sec. 5003.052.  NAVIGATION PRECINCTS.  (a)  The board shall from time to time divide the port authority into six navigation commissioner precincts that are:
(1)  compact and contiguous; and
(2)  as nearly as practicable, of equal population.
(b)  The board shall complete any division of the port authority into new precincts not later than the 90th day before the date of the first election of commissioners from those precincts.
(c)  The voters of each precinct, in accordance with this subchapter, shall elect one commissioner.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.059, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter B. Port Authority Administration › Section 5003.053. Election; Terms

Sec. 5003.053.  ELECTION; TERMS.  (a)  The six commissioners elected at the first election after a division of the port authority into new precincts under Section 5003.052 shall draw lots after the election to select three commissioners to serve two-year terms and three commissioners to serve four-year terms.  Successor commissioners serve terms as provided by Subsection (b).
(b)  Except as provided by Subsection (a), commissioners are elected for staggered four-year terms at elections held each odd-numbered year on the uniform election date in May.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.060, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter B. Port Authority Administration › Section 5003.054. Placing Candidate on Ballot; Qualifications

Sec. 5003.054.  PLACING CANDIDATE ON BALLOT; QUALIFICATIONS.  (a)  A person qualified under this section to be a candidate for the office of commissioner may file an application with the board to have the person's name placed on the ballot.  The application must be filed not later than 5 p.m. of the 45th day before the election date for that office.
(b)  The application must include an affidavit made by the applicant under oath disclosing that the applicant is:
(1)  a bona fide resident of the precinct that the person seeks to represent; and
(2)  a qualified voter who owns real property in the area.
(c)  If the application is timely filed in proper form, the board shall place the applicant's name on the official ballot.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.