Bill Text: TX HB3027 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration of navigation districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-30 - Committee report sent to Calendars [HB3027 Detail]
Download: Texas-2021-HB3027-Introduced.html
Bill Title: Relating to the administration of navigation districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-30 - Committee report sent to Calendars [HB3027 Detail]
Download: Texas-2021-HB3027-Introduced.html
87R9666 BRG-F | ||
By: Canales | H.B. No. 3027 |
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relating to the administration of navigation districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 60, Water Code, is amended | ||
by adding Section 60.0726 to read as follows: | ||
Sec. 60.0726. FIRES, EXPLOSIONS, AND HAZARDOUS MATERIAL | ||
INCIDENTS. A district may act to prevent, detect, and fight a fire | ||
or explosion and to prevent, detect, and address a hazardous | ||
material incident that occurs on or adjacent to a waterway, | ||
channel, or turning basin that is located in the district's | ||
territory, regardless of whether the waterway, channel, or turning | ||
basin is located in the corporate limits of a municipality. | ||
SECTION 2. Section 60.101, Water Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (e) to read | ||
as follows: | ||
(a) Any district may acquire land or interests in land by | ||
purchase, lease, or otherwise, may convey the land or interest in | ||
the land by lease, installment sale, or otherwise, and may | ||
purchase, construct, enlarge, extend, repair, maintain, operate, | ||
develop, sell by installment sale, or otherwise, and lease as | ||
lessor or as lessee: | ||
(1) wharves and docks; | ||
(2) warehouses, grain elevators, other storage | ||
facilities, and bunkering facilities; | ||
(3) port-related railroads and bridges; | ||
(4) floating plants and facilities; | ||
(5) lightering, cargo-handling, and towing | ||
facilities; | ||
(6) everything appurtenant to these facilities; | ||
(7) facilities and equipment necessary to exercise the | ||
district's powers under Section 60.0726; and | ||
(8) [ |
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or useful in the operation or development of the district's ports | ||
and waterways or in aid of navigation and navigation-related | ||
commerce in the ports and on the waterways. | ||
(d) A district may contract with a broker to sell or lease a | ||
tract of land in the same manner as the commissioners court of a | ||
county under Section 263.008, Local Government Code. | ||
(e) A lease that requires the lessee to construct | ||
improvements on land owned by the district is not a public work | ||
contract for purposes of Chapter 2253, Government Code. | ||
SECTION 3. Section 60.103, Water Code, is amended to read as | ||
follows: | ||
Sec. 60.103. PRESCRIBING FEES AND CHARGES. The district | ||
[ |
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the use of the land, improvements, and facilities of the district | ||
and for the use of any land, improvements, or facilities acquired | ||
under the provisions of this subchapter. The fees and charges shall | ||
be reasonable, equitable, and sufficient to produce revenue | ||
necessary to exercise the powers described by Section 60.101 and | ||
adequate to pay the expenses described by [ |
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60.105 [ |
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SECTION 4. Sections 60.172(b), (c), and (d), Water Code, | ||
are amended to read as follows: | ||
(b) The commission shall fix a time and place at which a | ||
public hearing concerning the proposed indebtedness shall be held. | ||
The date of the hearing shall be not less than seven [ |
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more than 30 days from the date of the resolution of the commission | ||
giving [ |
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(c) Notice published by the commission under this section | ||
shall: | ||
(1) include a statement of the amount and purpose of | ||
the proposed indebtedness; | ||
(2) inform all persons of the time and place of | ||
hearing; and | ||
(3) inform all persons of their right to express their | ||
views [ |
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or protest the creation of the indebtedness. | ||
(d) The secretary of the commission shall publish [ |
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before the date [ |
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(1) in a newspaper of general circulation in the | ||
district's territory that is available to residents of the | ||
district; or | ||
(2) on the district's Internet website, in an area of | ||
that website used to inform district residents about events such as | ||
public meetings [ |
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SECTION 5. The heading to Section 60.405, Water Code, is | ||
amended to read as follows: | ||
Sec. 60.405. PROPOSAL PROCEDURES [ |
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SECTION 6. Subchapter Q, Chapter 60, Water Code, is amended | ||
by adding Section 60.502 to read as follows: | ||
Sec. 60.502. IMPLIED CONTRACTS. A schedule of rates, fees, | ||
charges, rules, and ordinances, including a limitation of liability | ||
for cargo loss or damage, that relates to receiving, delivering, | ||
handling, or storing property at a district facility and that is | ||
made available to the public on the district's Internet website is | ||
enforceable by an appropriate court as an implied contract between | ||
the district and a person using the district's facilities or | ||
waterways without proof of actual knowledge of the schedule's | ||
provisions. | ||
SECTION 7. Sections 62.123(b) and (d), Water Code, are | ||
amended to read as follows: | ||
(b) No franchise shall be granted for longer than 50 years | ||
nor shall a franchise be granted except on the affirmative vote of a | ||
majority of the commissioners present at a meeting [ |
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(d) The franchise shall require the grantee to file the | ||
grantee's written acceptance of the franchise within 30 days after | ||
the franchise is granted [ |
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SECTION 8. Section 60.172(e), Water Code, is repealed. | ||
SECTION 9. 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, 2021. |