By: Vasut H.B. No. 5336       A BILL TO BE ENTITLED   AN ACT   relating to the powers and duties of Port Freeport; limiting the   authority of certain municipalities to regulate land use by Port   Freeport; and the creation of a reinvestment zone containing   property owned by Port Freeport.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 5002, Special District Local Laws Code,   is amended by adding Subchapters D and E to read as follows:   SUBCHAPTER D. POWERS AND DUTIES          Sec. 5002.151.  DEFINITIONS. As used in this chapter:                (1)  “Port use” shall mean any use permitted or allowed   (with or without a special use permit) in the following zoning   districts under the zoning ordinance, or any additional use   subsequently permitted or allowed in the following zoning districts   under an amendment to the zoning ordinance:                      (A)  a zoning district designated as DT, C-1, C-2,   C-3 or W-1; or                      (B)  a zoning district designated as “IN”, other   than heavy industrial or other heavy industrial uses as defined in   the zoning ordinance.                (2)  “Port zone” means:                      (A)  the lands within the protected zone that are   located both south of West Eighth Street and east of Cherry Street;   and                      (B)  all lands east of F.M. 1495 that are included   within the Plat and Dedication of the Freeport Townsite recorded in   Volume 2, at Page 95 of the Real Property Records of Brazoria   County, Texas.                (3)  "Protected zone” means the portion of the   corporate limits of the City of Freeport as they exist on September   1, 2023 that lies within the enclosed space either:                      (A)  bounded by beginning at the intersection of   State Highway 36 and the center of the Brazos River, then north   along the center of the Brazos River to the intersection of the   center of the Brazos River and the center of the DOW fresh water   canal, then north and east along the center of the DOW fresh water   canal to the intersection of the center of the DOW fresh water canal   and Farm-to-Market Road 1495, then south along Farm-to- Market Road   1495 to the intersection of Farm-to-Market Road 1495 and State   Highway 36, and then west along State Highway 36 to the intersection   of State Highway 36 and the center of the Brazos River;                      (B)  within Brazoria County 2020 United States   Census tract 664501 blocks 2027, 2032, and 2034;                      (C)  bounded by beginning at the intersection of   Farm-to-Market Road 1495 and the Intercoastal Waterway, then west   along the Intercoastal Waterway to the intersection of the   Intercoastal Waterway and the Brazos River, then south along the   Brazos River to the Gulf of Mexico, then east along the Gulf of   Mexico to the intersection of a line extending from the southern   terminus of Farm-to-Market Road 1495 due south to the intersection   with the Gulf of Mexico, and then due north to the intersection of   Farm-to-Market Road 1495 and the Intercoastal Waterway; or                      (D)  located adjacent to the old Brazos River   channel and inside the floodgate, which is zoned as a W-1 District   under the zoning ordinance, and bounded by F.M. 1495 on the east,   S.H. 36 / S.H. 288 on the south, and the Brazos River diversion   channel on the west.                (4)  "Zoning ordinance" means Chapter 155, Code of   Ordinances, of the City of Freeport, Texas in effect on January 1,   2023.          Sec. 5002.152.  POWERS REGARDING PORTS AND FACILITIES.   Except as expressly set forth in section 5002.153 of this   subchapter, 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.          Sec. 5002.153.  LIMITATION ON ACQUISITION AND USE OF REAL   PROPERTY WITHIN THE CORPORATE LIMITS OF CERTAIN MUNICIPALITIES.   After the effective date of this Act, the district shall not:          (a)  acquire by gift, purchase, or condemnation any real   property located within the protected zone unless:                (1)  the acquisition is of a residential lot or lots for   which no change in the permitted use will be sought by the district;   or                (2)  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;          (b)  use any property now owned or hereafter acquired by the   district in the port zone for anything other than a port use; or          (c)  use any property now owned or hereafter 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 such use is approved by the governing body of the   municipality in which such land is situated.          Sec. 5002.154.  CALLING ELECTION. The governing body of a   municipality shall call for the election contemplated by Section   5002.153(c) to be held on the next allowable uniform election date   within thirty (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.          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.   SUBCHAPTER E. RELATIONSHIP WITH MUNICIPALITIES          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 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.          (d)  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.          Sec. 5002.202.  MUNICIPAL CONSENT NOT REQUIRED. Municipal   consent is not required for the district to exercise a power or duty   under this chapter.          Sec. 5002.203.  DESIGNATION OF REINVESTMENT ZONE UNDER   CHAPTER 312, TAX CODE. Notwithstanding Subchapter B, Chapter 312,   Tax Code, upon receipt of a written request by the district, the   commissioners court for the county where the property is located   may designate any property owned by the district as a reinvestment   zone or area for purposes of Chapter 312, Tax Code, if the   commissioners court finds the criteria set forth in Section   312.202, Tax Code, is met for the property as if the municipality in   which the property is located were creating the zone.          Sec. 5002.204.  ENFORCEMENT OF SUBCHAPTER. (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 chapter.          (b)  A court may award court costs and reasonable and   necessary attorney's fees to the prevailing party in an action   under this subchapter.          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 only   to property:                (1)  owned or leased by the district;                (2)  located in the district and within 7 miles of the   Gulf of Mexico; and                (3)  located in the boundaries 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, 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 Chapter 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 sections 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, then section 5002.201 will be automatically enjoined   from enforcement.          SECTION 2.  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, 2023.