CHAPTER 681. FOREIGN TRADE ZONES
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.