CHAPTER 681. FOREIGN TRADE ZONES - Texas Statutes

BUSINESS AND COMMERCE CODE

TITLE 15. CURRENCY AND TRADE

SUBTITLE C. TRADE ZONES

CHAPTER 681. FOREIGN TRADE ZONES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 681.001. DEFINITION. In this chapter, "foreign trade zone"

has the meaning assigned to the term "zone" by the Foreign Trade

Zones Act (19 U.S.C. Section 81a et seq.).

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.002. AUTHORIZATION SUBJECT TO FEDERAL LAW AND

REGULATIONS. An authorization under this chapter is subject to

the requirements of federal law and the regulations of the board

established to carry out the provisions of the Foreign Trade

Zones Act (19 U.S.C. Section 81a et seq.).

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

SUBCHAPTER B. GENERAL AUTHORITY FOR ESTABLISHMENT OF FOREIGN

TRADE ZONES BY CERTAIN ENTITIES

Sec. 681.051. DEFINITIONS. In this subchapter:

(1) "Eligible corporation" means a corporation organized to

establish, operate, and maintain a foreign trade zone.

(2) "Governmental entity" means:

(A) this state;

(B) a state agency;

(C) a county, municipality, or special district; or

(D) a combination of entities listed in Paragraphs (A)-(C).

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.052. GENERAL AUTHORITY FOR ELIGIBLE CORPORATION OR

GOVERNMENTAL ENTITY. (a) An eligible corporation or a

governmental entity may:

(1) apply for and accept a grant of authority to establish,

operate, and maintain a foreign trade zone and subzones; and

(2) take other actions necessary to establish, operate, and

maintain the foreign trade zone and subzones.

(b) An applicant under Subsection (a) may select and describe

the location of the foreign trade zone and subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

SUBCHAPTER C. GENERAL AUTHORITY FOR ESTABLISHMENT OF FOREIGN

TRADE ZONES BY CERTAIN JOINT BOARDS

Sec. 681.101. DEFINITION. In this subchapter, "joint board"

means a joint board created by two or more municipalities with a

combined population of more than one million under:

(1) Chapter 114, Acts of the 50th Legislature, Regular Session,

1947; or

(2) Section 22.074, Transportation Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.102. GENERAL AUTHORITY FOR JOINT BOARD. (a) A joint

board may apply for and accept a permit, license, or other grant

of authority to establish, operate, and maintain:

(1) one or more foreign trade zones, as Texas ports of entry

under federal law, in any county in which the board's airport is

located; and

(2) other subzones or other additions to an existing zone inside

or outside that county.

(b) In operating and maintaining a foreign trade zone or subzone

under this subchapter, a joint board may exercise any power or

authority necessary to establish, operate, and maintain the

foreign trade zone or subzone in accordance with federal law,

rules, and regulations.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

SUBCHAPTER D. SPECIFIC AUTHORITY FOR CERTAIN FOREIGN TRADE ZONES

Sec. 681.151. AMARILLO TRADE ZONE CORPORATION. The Amarillo

Trade Zone, Inc., organized under the laws of this state, with

offices at or near Amarillo, Potter, and Randall Counties, may

apply for and accept a grant of authority to establish, operate,

and maintain:

(1) a foreign trade zone in Amarillo, Potter, and Randall

Counties; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.152. CITY OF AUSTIN OR DESIGNEE. The City of Austin,

or a nonprofit corporation organized under the laws of this state

and designated by the City of Austin, may apply for and accept a

grant of authority to establish, operate, and maintain:

(1) a foreign trade zone in Travis County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.153. CITY OF BEAUMONT; JEFFERSON COUNTY; PORT OF

BEAUMONT NAVIGATION DISTRICT; OR CERTAIN OTHER CORPORATIONS OR

ENTITIES. (a) This section applies to:

(1) the City of Beaumont;

(2) the Beaumont Chamber of Commerce;

(3) Jefferson County;

(4) the Port of Beaumont Navigation District of Jefferson

County;

(5) the Beaumont Economic Development Foundation, a nonprofit

corporation organized under the Texas Non-Profit Corporation Act

(Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), with

offices at Beaumont, Jefferson County; or

(6) any other corporation organized under the laws of this state

and designated by the Port of Beaumont Navigation District of

Jefferson County.

(b) A corporation or entity listed in or described by Subsection

(a) may apply for and accept a grant of authority to establish,

operate, and maintain a foreign trade zone and subzones in

Beaumont, Jefferson County, or another location in the portion of

the Port Arthur Customs District located in this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.154. PORT FREEPORT OR DESIGNEE. Port Freeport, or a

corporation organized under the laws of this state and designated

by Port Freeport, may apply for and accept a grant of authority

to establish, operate, and maintain:

(1) a foreign trade zone adjacent to a port of entry in Port

Freeport; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 4.013, eff. September 1, 2009.

Sec. 681.155. BROWNSVILLE NAVIGATION DISTRICT. The Brownsville

Navigation District may:

(1) apply for and accept a grant of authority to establish,

operate, and maintain:

(A) a foreign trade zone at the Brownsville port of entry; and

(B) subzones of that zone; and

(2) on issuance of the grant of authority, take any action

necessary or appropriate to establish, operate, or maintain the

foreign trade zone and subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.156. CALHOUN-VICTORIA FOREIGN TRADE ZONE CORPORATION.

The Calhoun-Victoria Foreign Trade Zone, Inc., a corporation

organized under the laws of this state, may apply for and accept

a grant of authority to establish, operate, and maintain:

(1) a foreign trade zone in Calhoun County, Victoria County, or

both; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.157. CITY OF CORPUS CHRISTI, PORT OF CORPUS CHRISTI

AUTHORITY, OR DESIGNEE. The City of Corpus Christi, the Port of

Corpus Christi Authority of Nueces County, or any other approved

public agency designated by the City of Corpus Christi or the

Port of Corpus Christi Authority of Nueces County may apply for

and accept a grant of authority to establish, operate, and

maintain a foreign trade zone and subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.158. CITY OF DEL RIO OR DESIGNEE. The City of Del Rio,

or a nonprofit corporation organized under the laws of this state

and designated by the City of Del Rio, may apply for and accept a

grant of authority to establish, operate, and maintain:

(1) a foreign trade zone in Del Rio, Val Verde County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.159. CITY OF EAGLE PASS OR DESIGNEE. The City of Eagle

Pass, or a nonprofit corporation organized under the laws of this

state and designated by the City of Eagle Pass, may apply for and

accept a grant of authority to establish, operate, and maintain:

(1) a foreign trade zone in Eagle Pass, Maverick County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.160. CITY OF EL PASO OR EL PASO TRADE ZONE CORPORATION.

The City of El Paso or the El Paso Trade Zone, Inc., organized

under the laws of this state, with offices at or near El Paso, El

Paso County, may apply for and accept a grant of authority to

establish, operate, and maintain:

(1) a foreign trade zone adjacent to any port of entry in El

Paso County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.161. CITY OF GALVESTON OR BOARD OF TRUSTEES OF

GALVESTON WHARVES. The City of Galveston or the Board of

Trustees of the Galveston Wharves may:

(1) apply for and accept a grant of authority to establish,

operate, and maintain:

(A) a foreign trade zone at the Galveston port of entry; and

(B) any subzones of that zone; and

(2) on issuance of the grant of authority, take any action

necessary or appropriate to establish, operate, and maintain the

foreign trade zone and subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.162. HARLINGEN TRADE ZONE CORPORATION. The Harlingen

Trade Zone, Inc., organized under the laws of this state, with

offices at or near Harlingen, Cameron County, may apply for and

accept a grant of authority to establish, operate, and maintain:

(1) a foreign trade zone adjacent to any port of entry in

Cameron County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.163. CITY OF HOUSTON, HARRIS COUNTY, OR CERTAIN OTHER

CORPORATIONS OR ENTITIES. (a) This section applies to:

(1) the City of Houston;

(2) Harris County;

(3) a corporation organized under the laws of this state and

designated by the City of Houston or Harris County; or

(4) any municipality or county located within five miles of a

major space and aeronautics center.

(b) To establish, operate, and maintain a space facility to be

named "Star Port," a corporation or entity listed in or described

by Subsection (a) may apply for and accept a grant of authority

to establish, operate, and maintain:

(1) a foreign trade zone adjacent to or near a facility of the

National Aeronautics and Space Administration in Harris County;

and

(2) other subzones.

(c) The corporation or entity may apply for or adopt any

appropriate inducements for the establishment and operation of

the foreign trade zone, including any appropriate or applicable

tax abatement or tax exemption.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.164. CITY OF HOUSTON, PORT OF HOUSTON AUTHORITY, OR

HOUSTON FOREIGN-TRADE ZONE CORPORATION. The City of Houston, the

Port of Houston Authority, and the Houston Foreign-Trade Zone,

Incorporated, a private corporation organized under the laws of

this state, may each:

(1) apply for and accept a grant of authority to establish,

operate, and maintain:

(A) a foreign trade zone at the Houston port of entry; and

(B) any subzones of that zone; and

(2) if the grant of authority is approved, take any action

necessary to establish, operate, and maintain the foreign trade

zone.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.165. JEFFERSON COUNTY AIRPORT GOVERNING BODY. The

governing body of the Jefferson County Airport may apply for and

accept a grant of authority to establish, operate, and maintain:

(1) a foreign trade zone in Jefferson County, which may include:

(A) land inside the boundaries of the airport; and

(B) private industrial land, not to exceed 1,000 acres, adjacent

to the airport; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.166. CITY OF LAREDO. The City of Laredo or an

instrumentality of the City of Laredo may apply for and accept a

grant of authority to establish, operate, and maintain:

(1) a foreign trade zone at the Laredo port of entry; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.167. CITY OF LUBBOCK OR DESIGNEE. The City of Lubbock,

or a corporation organized under the laws of this state and

designated by the City of Lubbock, may apply for and accept a

grant of authority to establish, operate, and maintain:

(1) a foreign trade zone adjacent to the United States Customs

port of entry at Lubbock; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.168. MCALLEN TRADE ZONE CORPORATION. The McAllen Trade

Zone, Inc., organized under the laws of this state, with offices

at McAllen, Hidalgo County, may apply for and accept a grant of

authority to establish, operate, and maintain:

(1) a foreign trade zone at the McAllen port of entry; and

(2) other subzones, one of which may be located in Starr County.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.169. CITY OF MIDLAND OR DESIGNEE. The City of Midland,

or a corporation organized under the laws of this state and

designated by the City of Midland, may apply for and accept a

grant of authority to establish, operate, and maintain:

(1) a foreign trade zone adjacent to the Midland Regional

Airport; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.170. CITY OF MIDLOTHIAN. The City of Midlothian may

apply for and accept a grant of authority to establish, operate,

and maintain:

(1) a foreign trade zone in Midlothian, Ellis County, adjacent

to the port limits of the Dallas-Fort Worth port of entry; and

(2) other subzones in Ellis County.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

84, Sec. 70, eff. September 1, 2009.

Sec. 681.171. ORANGE COUNTY NAVIGATION AND PORT DISTRICT. The

Orange County Navigation and Port District may apply for and

accept a grant of authority to establish, operate, and maintain:

(1) a foreign trade zone in Orange County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.172. PORT OF PORT ARTHUR NAVIGATION DISTRICT. The Port

of Port Arthur Navigation District of Jefferson County may apply

for and accept a grant of authority to establish, operate, and

maintain:

(1) a foreign trade zone in Jefferson County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.173. SAN ANGELO TRADE ZONE CORPORATION. The San

Angelo Trade Zone, Inc., organized under the laws of this state,

with offices at San Angelo, Tom Green County, may apply for and

accept a grant of authority to establish, operate, and maintain:

(1) a foreign trade zone in San Angelo, Tom Green County;

(2) a foreign trade zone at the San Angelo port of entry; and

(3) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.174. CITY OF SAN ANTONIO OR DESIGNEE. (a) The City of

San Antonio, or a nonprofit corporation organized under the laws

of this state and designated by the City of San Antonio, may

apply for and accept a grant of authority to establish, operate,

and maintain:

(1) a foreign trade zone at or adjacent to any port of entry in

Bexar County; and

(2) other subzones.

(b) After a nonprofit corporation has accepted a grant of

authority to establish, operate, and maintain a foreign trade

zone under this section, the City of San Antonio may not exercise

any further control or supervision over the corporation with

regard to:

(1) the naming of directors and officers of the corporation; or

(2) the corporation's internal management or organization.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.175. SATURN TRADE ZONE CORPORATION. The Saturn Trade

Zone Corporation, a corporation organized under the laws of this

state, may apply for and accept a grant of authority to

establish, operate, and maintain:

(1) a foreign trade zone at the location designated by General

Motors Corporation in this state for the Saturn automobile

production facility; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.176. STARR COUNTY INDUSTRIAL FOUNDATION. The Starr

County Industrial Foundation, a nonprofit corporation organized

under the Texas Non-Profit Corporation Act (Article 1396-1.01 et

seq., Vernon's Texas Civil Statutes), to promote the economic

development of Starr County, with offices at Rio Grande City,

Starr County, may apply for and accept a grant of authority to

establish, operate, and maintain:

(1) a foreign trade zone in Rio Grande City, Starr County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.177. CITY OF WESLACO OR WESLACO DEVELOPMENT

CORPORATION. The City of Weslaco or the Weslaco Development

Corporation, Incorporated, a corporation organized under the laws

of this state, may apply for and accept a grant of authority to

establish, operate, and maintain:

(1) a foreign trade zone in Weslaco, Hidalgo County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 681.178. WESTPORT ECONOMIC DEVELOPMENT CORPORATION. The

Westport Economic Development Corporation, organized as a

nonprofit corporation under the laws of this state, with offices

at El Paso, El Paso County, may apply for and accept a grant of

authority to establish, operate, and maintain:

(1) a foreign trade zone in or adjacent to the United States

Customs port of entry at El Paso, El Paso County; and

(2) other subzones.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.