88R23930 MP-F     By: Vasut, Thompson of Brazoria H.B. No. 5336     Substitute the following for H.B. No. 5336:     By:  Canales C.S.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. In this subchapter:                (1)  “Port use” means 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 Farm-to-Market Road 1495   that are included within the Plat and Dedication of the Freeport   Townsite recorded in Volume 2, at Page 95 of the Brazoria County   Real Property Records.                (3)  "Protected zone” means the portion of the   corporate limits of the City of Freeport as they exist on September   1, 2023, that lies:                      (A)  within the enclosed space 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)  within the enclosed space bounded by   beginning at the intersection of Farm-to-Market Road 1495 and the   Intracoastal Waterway, then west along the Intracoastal Waterway to   the intersection of the Intracoastal 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 Intracoastal   Waterway;                      (D)  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 Farm-to-Market Road 1495 on the   west;                      (E)  within the portion of Brazoria County 2020   United States Census tract 664200 blocks 2059, 2060, and 2061 that   lies within 3,500 feet of the centerline of State Highway 332;                      (F)  within the 13.316 acre tract of land   described in that certain Deed recorded in Volume 11199, at Page 471   of the Brazoria County Real Property Records; or                      (G)  within the 56.751 acre tract of land   described in that certain Deed of Exchange recorded in Volume   86286, at Page 927 of the Brazoria County Real Property Records.                (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 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.          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.          Sec. 5002.154.  CALLING ELECTION. The governing body of a   municipality shall call an election under Section 5002.153(3) 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.          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.   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 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.          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.   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.          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.          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.          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.