Bill Text: TX HB3949 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the administration of navigation districts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-01 - Left pending in committee [HB3949 Detail]

Download: Texas-2019-HB3949-Introduced.html
  86R13558 SLB-F
 
  By: Perez H.B. No. 3949
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of navigation districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 60.101(d), Water Code, is amended to
  read as follows:
         (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.
         SECTION 2.  Section 60.103, Water Code, is amended to read as
  follows:
         Sec. 60.103.  PRESCRIBING FEES AND CHARGES. (a) The district
  [commission] shall prescribe fees and charges to be collected for
  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 [mentioned in] Section
  60.105 [of this code].
         (b)  A rule or schedule of rates, including a limitation of
  liability for cargo loss or damage, that relates to receiving,
  delivering, handling, or storing property at a district marine
  terminal and is made available to the public by publication is
  enforceable by an appropriate court as an implied contract without
  proof of actual knowledge of its provisions.
         SECTION 3.  The heading to Section 60.405, Water Code, is
  amended to read as follows:
         Sec. 60.405.  PROPOSAL PROCEDURES [COMPETITIVE SEALED
  PROPOSALS].
         SECTION 4.  Section 62.153, Water Code, as amended by
  Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th
  Legislature, Regular Session, 2017, is reenacted and amended to
  read as follows:
         Sec. 62.153.  DUTIES OF DISTRICT TREASURER. (a) The
  district treasurer shall:
               (1)  open an account for all funds received by the
  district treasurer for the district and all district funds which
  the treasurer pays out;
               (2)  pay out money on vouchers signed by the chairman of
  the commission, any two members of the commission, or the
  commissioners court, or any two of any number of persons delegated
  by the commission with authority to sign vouchers, provided that
  the commission may, in such delegation, limit the authority of such
  persons and may require that each furnish a fidelity bond in such
  amount as the commission shall specify and subject to commission
  approval;
               (3)  carefully preserve all orders for the payment of
  money; and
               (4)  render a correct account to the commissioners
  court of all matters relating to the financial condition of the
  district as often as required by the commissioners court.
         (b)  The district treasurer is not[; and
               [(5)  not be] required to sign a check drawn on a
  depository selected under Section 62.156, unless the district
  treasurer is the designated officer of the district, as defined by
  Section 60.271(g).
         (c) [(b)]  A designated officer of a district may make a
  payment on behalf of the district by a check drawn on a depository
  selected under Section 62.155 in a manner consistent with the
  payment procedures adopted under Section 60.271(f) without
  authorization by the district treasurer.
         SECTION 5.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 6.  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, 2019.
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