Bill Text: TX SB1642 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the administration of navigation districts.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-08 - Effective immediately [SB1642 Detail]
Download: Texas-2021-SB1642-Enrolled.html
S.B. No. 1642 |
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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 MATERIALS | ||
INCIDENTS. A district may respond to and fight a fire, explosion, | ||
or 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 adding | ||
Subsections (a-1) and (e) and amending Subsection (d) to read as | ||
follows: | ||
(a-1) A district may acquire, purchase, lease, maintain, | ||
repair, and operate facilities and equipment for the purposes of | ||
protecting life and property by detecting, responding to, and | ||
fighting fires, explosions, and hazardous materials incidents | ||
described by Section 60.0726. | ||
(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) once in a newspaper of general circulation in the | ||
district's territory that is available to residents of the | ||
district; and | ||
(2) on the district's Internet website, if the | ||
district maintains a 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. Section 60.405, Water Code, is amended by adding | ||
Subsection (a-1) to read as follows: | ||
(a-1) Items that may be purchased under the procedure | ||
provided by this section include items required in connection with | ||
a navigation project entered into with the United States. | ||
SECTION 7. Section 60.463(d-1), Water Code, is amended to | ||
read as follows: | ||
(d-1) If a two-step process is used, the district may not | ||
request prices in the first step. In the second step, the district | ||
may request that [ |
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basis of qualifications, provide additional information, including | ||
proposed prices. | ||
SECTION 8. 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 that have been adopted in accordance | ||
with applicable law or the district's rules, 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 without proof of actual knowledge of the schedule's | ||
provisions. | ||
SECTION 9. 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 10. Section 60.172(e), Water Code, is repealed. | ||
SECTION 11. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1642 passed the Senate on | ||
April 19, 2021, by the following vote: Yeas 30, Nays 1; and that | ||
the Senate concurred in House amendment on May 27, 2021, by the | ||
following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1642 passed the House, with | ||
amendment, on May 14, 2021, by the following vote: Yeas 136, | ||
Nays 9, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |