Bill Text: TX SB2556 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the modernization of the law governing the Port of Beaumont Navigation District of Jefferson County, Texas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-25 - Recommendations filed with the Senate [SB2556 Detail]
Download: Texas-2019-SB2556-Introduced.html
86R7408 SLB-F | ||
By: Creighton | S.B. No. 2556 |
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relating to the modernization of the law governing the Port of | ||
Beaumont Navigation District of Jefferson County, Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 5, Special District Local Laws | ||
Code, is amended by adding Chapter 5010 to read as follows: | ||
CHAPTER 5010. PORT OF BEAUMONT NAVIGATION DISTRICT OF JEFFERSON | ||
COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 5010.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of port commissioners of | ||
the district. | ||
(2) "Commissioner" means a member of the board. | ||
(3) "District" means the Port of Beaumont Navigation | ||
District of Jefferson County, Texas. | ||
Sec. 5010.0102. NATURE AND PURPOSE OF DISTRICT. (a) The | ||
district is a port district. | ||
(b) To the extent authorized by this chapter, the district | ||
is created to: | ||
(1) improve navigation in the district; | ||
(2) maintain, develop, extend, and improve port, | ||
wharf, dock, and intermodal facilities inside or outside the | ||
district; and | ||
(3) develop the Port of Beaumont in the district. | ||
Sec. 5010.0103. LEGISLATIVE FINDINGS. The creation of the | ||
district: | ||
(1) is essential to: | ||
(A) accomplish the purposes of Section 59, | ||
Article XVI, Texas Constitution; and | ||
(B) the general welfare of this state for the | ||
development of maritime shipping to and from the state's ports; | ||
(2) is in the interest of national defense, the Port of | ||
Beaumont being strategically located on the Gulf Coast with an | ||
inland-protected harbor and in a rapidly developing industrial area | ||
where wharves, docks, and intermodal facilities are located; and | ||
(3) will result in: | ||
(A) material benefits and improvements to | ||
district territory; | ||
(B) the increase of the taxable value of property | ||
in the district; and | ||
(C) material benefit to that part of the state in | ||
which the district is located. | ||
Sec. 5010.0104. DISTRICT TERRITORY. The district is | ||
composed of the territory in Jefferson and Orange Counties | ||
described by Sections 1 and 1A, Chapter 147, Acts of the 51st | ||
Legislature, Regular Session, 1949, as that territory may have been | ||
modified under: | ||
(1) Section 3 or 3a, Chapter 103, Acts of the 41st | ||
Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's | ||
Texas Civil Statutes), before August 30, 1971; | ||
(2) Subchapter H, Chapter 62, Water Code; or | ||
(3) other law. | ||
Sec. 5010.0105. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be construed liberally to effect its purposes. | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 5010.0201. BOARD OF PORT COMMISSIONERS; TERM; | ||
ELECTION. (a) The management and control of the district is vested | ||
in a board composed of six elected commissioners. | ||
(b) Commissioners serve staggered six-year terms, with the | ||
terms of two commissioners expiring every two years. | ||
(c) The district shall hold an election in the district on | ||
the uniform election date in May of each odd-numbered year to elect | ||
the appropriate number of commissioners. | ||
(d) Notice of an election held under this section must be: | ||
(1) signed by the board's presiding officer or | ||
secretary; and | ||
(2) posted in accordance with Section 4.003(b), | ||
Election Code. | ||
(e) The board shall declare the results of an election held | ||
under this section. | ||
Sec. 5010.0202. ELECTIONS; WARDS; QUALIFICATIONS. (a) Two | ||
commissioners are elected by the voters of the district at large, | ||
and each ward is represented on the board by a ward resident elected | ||
as commissioner by the voters of the ward. | ||
(b) The district is divided into four wards in accordance | ||
with a redistricting plan consistent with the most recent decennial | ||
census. | ||
(c) The board may change the boundaries of the wards and may | ||
designate the wards by reference to county commissioners court | ||
precincts, except that: | ||
(1) there must be four wards in the district at all | ||
times; | ||
(2) each ward must contain as nearly as possible the | ||
same number of voters; and | ||
(3) each ward must contain at least 20 percent of the | ||
estimated population of the district. | ||
(d) Each commissioner must: | ||
(1) be a qualified voter of the district; and | ||
(2) own taxable real property located in the district. | ||
Sec. 5010.0203. PLACING CANDIDATE ON BALLOT. (a) An | ||
application for a place on the ballot must be: | ||
(1) filed with the secretary of the board or another | ||
person designated by the board; and | ||
(2) signed by: | ||
(A) the candidate; or | ||
(B) 10 or more qualified voters of the district. | ||
(b) The filing period for an application for a place on the | ||
ballot is the same as provided by Chapter 143, Election Code. | ||
Sec. 5010.0204. COMMISSIONER'S OATH AND BOND. (a) Not | ||
later than the 10th day after the date of the commissioner's | ||
election, each commissioner shall: | ||
(1) take and subscribe an oath of office with | ||
conditions in the oath as provided by law for members of the | ||
commissioners court of a county; and | ||
(2) enter into a good and sufficient bond in the amount | ||
of $1,000 payable to the district, conditioned on the faithful | ||
performance of the commissioner's duties as a commissioner. | ||
(b) The bond of a commissioner must be approved by the | ||
board. | ||
Sec. 5010.0205. COMPENSATION OF COMMISSIONERS; EXPENSES. | ||
(a) Except as provided by Subsection (b), a commissioner shall | ||
receive $500 per month for the commissioner's services. | ||
(b) A commissioner serving as president of the board shall | ||
receive $550 per month. | ||
(c) A commissioner shall receive actual traveling expenses. | ||
Sec. 5010.0206. VACANCIES. (a) Except as provided by | ||
Subsection (b), if a vacancy occurs in the office of commissioner, | ||
the board shall appoint a commissioner for the remainder of the | ||
unexpired term. | ||
(b) If the number of commissioners is reduced to three, the | ||
remaining commissioners shall call a special election to fill the | ||
vacancies. | ||
Sec. 5010.0207. OFFICERS AND EMPLOYEES. (a) As soon as | ||
practicable after each election of commissioners, the board shall | ||
elect a president, vice president, and secretary and treasurer. | ||
(b) The president and vice president must be members of the | ||
board. | ||
(c) The office of secretary and treasurer: | ||
(1) is one office; and | ||
(2) may be filled by a person who is not a member of the | ||
board. | ||
(d) If a vacancy occurs in an office, the board shall | ||
appoint a replacement for the unexpired term. | ||
(e) Officers serve until successor officers have qualified. | ||
(f) The board may: | ||
(1) employ an executive director for the district and | ||
give the executive director full authority to manage and operate | ||
the affairs of the district, including the authority to employ | ||
officers, agents, and employees, prescribe their duties, and set | ||
their compensation, subject only to the orders of the board; and | ||
(2) employ and set the fees of counsel to represent the | ||
district in the preparation of any contract, to conduct any | ||
proceeding in or out of court, and to be the legal advisor of the | ||
board on matters as agreed to by the board. | ||
(g) The board shall: | ||
(1) set the compensation of the secretary and | ||
treasurer and the executive director; and | ||
(2) set the terms of office of all officers of the | ||
district, including the executive director. | ||
(h) All officers and the executive director of the district, | ||
other than the commissioners, hold office subject to the will of the | ||
board. | ||
Sec. 5010.0208. DELEGATION. The board may authorize the | ||
executive director or another person to perform any act on behalf of | ||
the board. | ||
Sec. 5010.0209. SURETY BOND. (a) Each officer, agent, or | ||
employee of the district who is charged with the collection, | ||
custody, or payment of district money shall give bond conditioned | ||
on: | ||
(1) the faithful performance of the person's duties; | ||
and | ||
(2) an accounting of all money and property of the | ||
district coming into the person's possession. | ||
(b) The bond must be in a form and manner and with a surety | ||
approved by the board, and the surety on the bond must be a surety | ||
company authorized to do business in this state. | ||
(c) The district shall pay the premium on the bond and | ||
charge the premium as an operating expense. | ||
Sec. 5010.0210. DISTRICT OFFICE. A regular office shall be | ||
established and maintained for conducting district business | ||
either: | ||
(1) in the district; or | ||
(2) at any place in the city of Beaumont. | ||
Sec. 5010.0211. MEETINGS; QUORUM. (a) The board shall hold | ||
regular meetings at least once each month on the day and time | ||
designated by the board. | ||
(b) The board shall hold special meetings: | ||
(1) at the call of the board president; or | ||
(2) on the request of three commissioners. | ||
(c) Four commissioners constitute a quorum of the board. | ||
Sec. 5010.0212. CONFLICT OF INTEREST; PENALTY. (a) A | ||
commissioner, officer, agent, or employee of the district may not | ||
be directly or indirectly interested in a contract for the purchase | ||
of any property or construction of any work by or for the district. | ||
(b) A person who violates this section is subject to the | ||
penalties provided by law for state and county officers under | ||
similar circumstances. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 5010.0301. GENERAL AND NAVIGATION DISTRICT POWERS. | ||
(a) The district has: | ||
(1) the powers of government and the authority to | ||
exercise the rights, privileges, and functions specified by this | ||
chapter; and | ||
(2) all powers, rights, privileges, and functions | ||
conferred by general law on any district created under Section 59, | ||
Article XVI, Texas Constitution, appropriate to the accomplishment | ||
of the purposes of this chapter, except as expressly limited by this | ||
chapter. | ||
(b) To the extent not inconsistent or in conflict with this | ||
chapter, the district and the board have all of the rights, powers, | ||
privileges, and functions granted or conferred by the provisions of | ||
the general laws applicable to navigation districts including those | ||
granted or conferred by Chapters 60 and 62, Water Code. | ||
Sec. 5010.0302. POWERS REGARDING WHARVES, DOCKS, AND OTHER | ||
FACILITIES; RESTRICTION. (a) This section does not apply to | ||
facilities or aids of a type or kind used or engaged in competition | ||
with tugs, barges, salvage operations, or shipbuilding or ship | ||
repair operations. | ||
(b) The district may: | ||
(1) acquire, take over, construct, maintain, repair, | ||
operate, develop, and regulate wharves, docks, warehouses, grain | ||
elevators, dumping facilities, belt railways, lands, intermodal, | ||
and other facilities or aids consistent with or necessary to the | ||
operation or development of ports or waterways in the district; and | ||
(2) construct, extend, improve, repair, maintain, and | ||
reconstruct, cause to be constructed, extended, improved, | ||
repaired, maintained, and reconstructed, and own, use, and operate | ||
any facility of any kind necessary or convenient to the exercise of | ||
the powers, rights, privileges, and functions granted by this | ||
chapter. | ||
(c) The district may issue bonds for a purpose described by | ||
Subsection (b)(1) or to acquire necessary or proper lands, | ||
rights-of-way, dumping grounds, extensions or improvements of belt | ||
railway lines, or construction or improvements of wharves, docks, | ||
or other facilities or aids to navigation. The district may secure | ||
the obligations by liens on properties acquired, constructed, or | ||
improved and may pledge available revenue as additional security. | ||
Sec. 5010.0303. POWERS REGARDING WHARFAGE, CHARGES, AND | ||
RATES FOR DISTRICT FACILITIES. The district has the power to: | ||
(1) regulate wharfage and charges for all facilities | ||
of or pertaining to the Port of Beaumont and the waterways in the | ||
district; | ||
(2) assess and collect charges for the use of all | ||
district facilities; | ||
(3) approve a pilotage rate charge imposed under | ||
Chapter 69, Transportation Code; and | ||
(4) approve a charge, fee, or assessment imposed by a | ||
navigation district other than the district within the territory of | ||
the district. | ||
Sec. 5010.0304. LIMITATION ON CERTAIN POWERS. This chapter | ||
may not be construed as granting the district or the board any power | ||
over the appointment, operations, or conduct of: | ||
(1) a branch pilot appointed under Section 69.037, | ||
Transportation Code; or | ||
(2) the board of pilot commissioners described by | ||
Section 69.011, Transportation Code. | ||
Sec. 5010.0305. POWERS CONCURRENT WITH THOSE OF | ||
SABINE-NECHES NAVIGATION DISTRICT OF JEFFERSON COUNTY, TEXAS. | ||
Except as provided by Section 5010.0303, the district's powers are | ||
concurrent with, but do not supersede or interfere with, the | ||
jurisdiction and powers of the Sabine-Neches Navigation District of | ||
Jefferson County, Texas, created under Section 59, Article XVI, | ||
Texas Constitution, over the common territory of the two districts. | ||
Sec. 5010.0306. BYLAWS AND RULES. The district may adopt | ||
bylaws and rules for the management and regulation of the | ||
district's affairs. | ||
Sec. 5010.0307. ACQUISITION OF PROPERTY; EMINENT DOMAIN. | ||
(a) In this section, "property" means property of any kind, except | ||
that the term does not include a lighter, tug, barge, or other | ||
floating equipment of any nature. | ||
(b) If necessary or convenient to exercising a power, right, | ||
privilege, or function conferred on the district by this chapter, | ||
the district: | ||
(1) by gift or purchase may acquire property or an | ||
interest in property that is inside or outside the district | ||
boundaries; or | ||
(2) by exercising the power of eminent domain may | ||
acquire property or an interest in property that is inside or | ||
outside the district boundaries. | ||
(c) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except that the | ||
district is not required to give bond for appeal or bond for costs | ||
in any judicial proceeding. | ||
(d) The district's authority under this section to exercise | ||
the power of eminent domain expired on September 1, 2013, unless the | ||
district submitted a letter to the comptroller in accordance with | ||
Section 2206.101(b), Government Code, not later than December 31, | ||
2012. | ||
Sec. 5010.0308. MORTGAGE OR FORCED SALE OF CERTAIN DISTRICT | ||
FACILITIES. The district may not mortgage or subject to forced sale | ||
a facility in use by the district on March 7, 1957. | ||
Sec. 5010.0309. GENERAL AUTHORITY TO MAKE CONTRACTS AND | ||
EXECUTE INSTRUMENTS. The district may make a contract or execute an | ||
instrument necessary or convenient to exercising a power, right, | ||
privilege, or function conferred on the district by this chapter. | ||
Sec. 5010.0310. AUTHORITY TO SUE AND BE SUED. The district | ||
may sue and be sued in the district's corporate name. | ||
Sec. 5010.0311. SEAL. The district may adopt and use a | ||
corporate seal. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 5010.0401. DEPOSITORY; DEPOSIT AND USE OF DISTRICT | ||
MONEY; REPORT. (a) The board shall select a depository or | ||
depositories for the district in the manner provided by law for the | ||
selection of a county depository. | ||
(b) The board in selecting a depository shall act in the | ||
same capacity and perform the same duties as the county judge and | ||
the commissioners court in selecting a county depository. | ||
(c) A depository selected by the board: | ||
(1) has the powers and duties provided by law for a | ||
county depository; and | ||
(2) shall execute a depository bond, or pledge | ||
collateral in lieu of or in addition to a surety company bond, as | ||
provided by law for a county depository. | ||
(d) After the depository or depositories have given bond or | ||
bonds as provided by law and the bond or bonds have been approved by | ||
the board, all district money shall be deposited in the depository | ||
or depositories by the officers or agents of the district appointed | ||
by the board to collect and deposit district money. | ||
(e) District money shall be deposited in the appropriate | ||
account and kept separate. The accounts of the district are the: | ||
(1) interest and sinking fund account; | ||
(2) construction account; and | ||
(3) maintenance and operations account. | ||
(f) Money in the interest and sinking fund account may be | ||
used only to pay the interest on and principal of the appropriate | ||
indebtedness. | ||
(g) Each district depository shall prepare a report of all | ||
money received and all money paid out by the depository at the end | ||
of each month and shall file the report, along with vouchers and | ||
records of the district, with the secretary and treasurer of the | ||
board. | ||
Sec. 5010.0402. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; | ||
PUBLIC INSPECTION. (a) The board shall keep complete and accurate | ||
accounts conforming to approved governmental accounting standards. | ||
(b) The accounts and all contracts, documents, and records: | ||
(1) shall be kept at the district's principal office; | ||
and | ||
(2) are public information under Chapter 552, | ||
Government Code. | ||
Sec. 5010.0403. FILING COPIES OF AUDIT REPORT. Copies of | ||
the audit report prepared under Subchapter G, Chapter 49, Water | ||
Code, as required by Section 60.002, Water Code, shall be certified | ||
to by the accountant who performed the audit and filed: | ||
(1) as required by Section 49.194, Water Code; and | ||
(2) with the county clerk of Jefferson County. | ||
Sec. 5010.0404. PROCEDURE FOR DISTRIBUTION OF MONEY. | ||
District money may be distributed by wire transfer or other | ||
electronic means authorized by the board, or by check, voucher, | ||
draft, order, or other written instrument signed by at least two | ||
persons authorized by board resolution to sign the instrument. | ||
Sec. 5010.0405. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS, | ||
AND ISSUE ASSOCIATED BONDS. The district may: | ||
(1) borrow money for the district's corporate purposes | ||
consistent with the constitution and general laws of this state; | ||
(2) borrow money or accept a grant from the United | ||
States, this state, or an agency or subdivision created or | ||
designated by the United States or this state and, in connection | ||
with the loan or grant, enter into any agreement the United States, | ||
this state, or an agency or subdivision may require; and | ||
(3) make and issue bonds for money borrowed, in the | ||
manner and to the extent provided by this chapter. | ||
Sec. 5010.0406. AUTHORITY TO BORROW MONEY FOR CURRENT | ||
EXPENSES; EVIDENCE OF OBLIGATION. (a) The district may: | ||
(1) borrow money for current expenses; and | ||
(2) evidence the borrowed money by warrants. | ||
(b) The amount of the warrants may not exceed the | ||
anticipated revenue. | ||
Sec. 5010.0407. AD VALOREM TAX FOR MAINTENANCE AND | ||
OPERATIONS. The district may impose an annual ad valorem tax at a | ||
rate not to exceed 10 cents on each $100 valuation of taxable | ||
property in the district for the maintenance, operation, and upkeep | ||
of the district and the port facilities, properties, and | ||
improvements constructed by the district. | ||
Sec. 5010.0408. IMPOSITION OF DISTRICT TAX BY COMMISSIONERS | ||
COURT. On request of the board, the Commissioners Court of | ||
Jefferson County, Texas, shall impose taxes necessary to pay the | ||
interest on the bonded debt and to create a sinking fund to retire | ||
the principal of that debt. | ||
Sec. 5010.0409. STATUTE OF LIMITATIONS INAPPLICABLE. | ||
Collection of public charges of the district other than taxes is not | ||
barred by the running of the limitations period. | ||
SUBCHAPTER E. BONDS | ||
Sec. 5010.0501. AUTHORITY TO ISSUE BONDS; ELECTION; TAXES | ||
FOR BONDS. (a) The district may issue bonds when the board finds | ||
that the bonds are necessary by an order entered of record in the | ||
board's minutes. The district may issue bonds to obtain money for | ||
any lawful purpose provided for in this chapter that the board | ||
considers necessary. | ||
(b) The board shall direct the district engineer to prepare | ||
an estimate of the cost of necessary repairs, extensions, or | ||
additional improvements, together with all expenses incident to | ||
those repairs, extensions, or additional improvements, or the board | ||
on the board's own motion may prepare such an estimate. | ||
(c) The board shall order an election to be held to | ||
determine whether district bonds shall be issued in an amount | ||
sufficient to pay the costs and expenses contained in the estimate | ||
prepared under Subsection (b). The election shall be held in | ||
accordance with Chapter 1251, Government Code. The board shall | ||
perform the duties and do all acts and things provided to be done by | ||
the governing body of a municipality, as provided by that chapter. | ||
The ballots at the election shall be printed as required by Chapter | ||
1251, Government Code. | ||
(d) If bonds have been voted, the board shall impose an | ||
annual ad valorem tax on all taxable property in the district | ||
sufficient to: | ||
(1) pay the interest on the bonds; | ||
(2) create a sinking fund to redeem and discharge the | ||
bonds at maturity; and | ||
(3) pay the expense of imposing the tax. | ||
Sec. 5010.0502. FORM OF BONDS. All bonds issued under this | ||
chapter must be: | ||
(1) issued in the district's name; | ||
(2) signed by the board president; and | ||
(3) attested by the district secretary and treasurer. | ||
Sec. 5010.0503. MATURITY. District bonds, including | ||
refunding bonds, must mature not later than 40 years after the date | ||
of issuance. | ||
Sec. 5010.0504. REVENUE BONDS. (a) The district may pledge | ||
all or part of the revenue derived from any source other than | ||
taxation to the payment of revenue bonds issued by the district, | ||
including: | ||
(1) revenue derived from the operation of: | ||
(A) existing facilities; | ||
(B) facilities to be acquired wholly or partly | ||
with the proceeds of the bonds; and | ||
(C) other facilities to be acquired, regardless | ||
of the source of financing; | ||
(2) royalties and rentals from the lease of oil, gas, | ||
or other mineral properties owned by the district; and | ||
(3) revenue derived from property owned by the | ||
district and leased to others. | ||
(b) As considered necessary to ensure the marketability of | ||
the obligations, a resolution or order authorizing the issuance of | ||
revenue bonds may contain covenants with the holders of the | ||
obligations as to: | ||
(1) the development, management, and operation of the | ||
district's improvements and facilities; | ||
(2) the collection of fees and charges for the use of | ||
the improvements and facilities; | ||
(3) the disposition of the fees and charges; | ||
(4) the issuance of future obligations and the | ||
creation of future liens and encumbrances against the improvements | ||
and facilities and the revenue of the improvements and facilities; | ||
and | ||
(5) other pertinent matters. | ||
(c) Revenue bonds, if payable from a source other than | ||
taxation, may be issued on a parity with other revenue bonds issued | ||
under this chapter or other applicable law, and the revenue bonds | ||
and parity revenue bonds may be payable from the same source. | ||
Sec. 5010.0505. REFUNDING BONDS. (a) The board may issue | ||
refunding bonds to refund like principal amounts of outstanding | ||
bonds of the district. | ||
(b) Refunding bonds shall be payable from the same source as | ||
the bonds refunded except that bonds payable wholly or partly from | ||
ad valorem taxes may be refunded into bonds payable solely from | ||
district revenue other than ad valorem taxes, including revenue | ||
derived from: | ||
(1) the operation of a facility owned or used by the | ||
district; or | ||
(2) oil, gas, or other mineral properties or rights | ||
owned by the district, including rentals. | ||
(c) The district may combine into a single issue: | ||
(1) refunding bonds payable solely from revenue other | ||
than ad valorem taxes; and | ||
(2) improvement bonds authorized under statutory | ||
authority other than this section and similarly payable. | ||
(d) Refunding bonds may be: | ||
(1) delivered in exchange for a like amount of the | ||
bonds to be refunded; | ||
(2) sold, and the proceeds from the sale applied to the | ||
payment of the bonds to be refunded; or | ||
(3) exchanged in part and sold in part. | ||
(e) If the bonds to be refunded have not matured or become | ||
callable for redemption under the terms of the bonds, the proceeds | ||
of the sale of the refunding bonds may be deposited with a paying | ||
agent for the outstanding bonds. The paying agent shall apply the | ||
proceeds to the payment of the outstanding bonds: | ||
(1) at maturity or the first available redemption | ||
date; or | ||
(2) on earlier voluntary surrender by the bondholder. | ||
(f) If refunding bond proceeds are deposited as provided by | ||
Subsection (e): | ||
(1) interest on the outstanding bonds to maturity or | ||
the first available redemption date, together with any applicable | ||
redemption premiums, shall be deposited with the proceeds; and | ||
(2) the refunding bond proceeds may, at the direction | ||
of the district, be invested by the paying agent in direct | ||
obligations of the United States that mature not later than the date | ||
on which the bonds to be refunded mature or the first available | ||
redemption date of those bonds. | ||
(g) The interest received on refunding bond proceeds | ||
invested under Subsection (f)(2) shall be paid to the district to be | ||
applied to the payment of the interest falling due on the refunding | ||
bonds, and any surplus over the interest falling due may be used by | ||
the district for the district's general purposes. | ||
(h) Refunding bonds issued under this section shall be | ||
authorized, secured, and issued in the manner provided by this | ||
chapter or by pertinent general law for the issuance of other bonds | ||
by the district. | ||
SECTION 2. Section 1, Chapter 147, Acts of the 51st | ||
Legislature, Regular Session, 1949, is amended to read as follows: | ||
Section 1. [ |
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The initial boundaries of the Port of Beaumont Navigation | ||
District of [ |
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follows: | ||
BEGINNING at a point in the thread of the Neches River where | ||
it is intersected by the East line of the J. S. Johnston Survey | ||
extended northward to the Neches River; | ||
THENCE in a southerly direction along the East line of the | ||
J. S. Johnston Survey to its intersection with the West line of the | ||
Kansas City Southern Railroad Company's right-of-way between | ||
Beaumont and Port Arthur; | ||
THENCE Northwesterly along the Southwesterly right-of-way | ||
line of the Kansas City Southern Railroad Company's right-of-way to | ||
its intersection with the East line of the P. Humphries Survey; | ||
THENCE South along the East line of the P. Humphries Survey | ||
to the Northeast corner of T. & N. O. Ry. Co. Survey No. 1; | ||
THENCE West along the North line of T. & N. O. Ry. Co. Survey | ||
No. 1 to its Northwest corner; | ||
THENCE South along the West line of T. & N. O. Ry. Co. Survey | ||
No. 1 to the North line of the W. N. Sigler Survey; | ||
THENCE West along the North line of the W. N. Sigler Survey to | ||
the East line of the T. & N. O. Ry. Company's main line right-of-way | ||
between Beaumont and Port Arthur; | ||
THENCE Southeastward along the East line of T. & N. O. Ry. | ||
Company's right-of-way to the center line of the old McFaddin | ||
Canal; | ||
THENCE Westward along the center line of the old McFaddin | ||
Canal to John's Gully; | ||
THENCE down the meanders of John's Gully Southward through | ||
the E. D. Chenneth Survey and the William Murphy Survey, to the | ||
South bank of Hillebrandt Bayou; | ||
THENCE Westward and Northwestward along the meanders of the | ||
West bank of Hillebrandt Bayou to the South bank of Bayou Din; | ||
THENCE Northward, Westward, and Southwestward, along the | ||
Southerly bank of Bayou Din to point where the West line of the S. | ||
Corzine Survey, when extended through the M. Pivoto Survey, | ||
intersects the Southerly bank of Bayou Din; | ||
THENCE Northward through the M. Pivoto Survey along the | ||
extended West line of the S. Corzine Survey, and continuing | ||
Northward along the West line of the S. Corzine Survey, to the South | ||
line of the S. Stivers League; | ||
THENCE West along the South line of the S. Stivers League to | ||
its Southwest corner; | ||
THENCE Northward along the West line of the S. Stivers League | ||
to the dividing line between H. T. & B. Rr. Co. Surveys Nos. 14 and | ||
15; | ||
THENCE West along the South line of H. T. & B. Rr. Co. Surveys | ||
Nos. 14, 13 and 12, to the intersection of the West line of the A. | ||
Savery Survey, extended Southward; | ||
THENCE North along the extended West line of A. Savery | ||
Survey, through N. T. & B. Rr. Co. Surveys Nos. 12 and 3, and | ||
continuing Northward along the West line of the A. Savery Survey and | ||
the A. Houston Survey, and still continuing along this line | ||
extended Northward, through the E. Rains, and the S. Morris and the | ||
Josiah Dyches Surveys, to the intersection of the thread of Pine | ||
Island Bayou; | ||
THENCE Eastward and Southeastward down the meanders of the | ||
Thread of Pine Island Bayou and the Neches River, to the place of | ||
beginning. | ||
SECTION 3. Sections 1B, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, | ||
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, | ||
and 30, Chapter 147, Acts of the 51st Legislature, Regular Session, | ||
1949, are repealed. | ||
SECTION 4. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 5. This Act takes effect September 1, 2019. |