81R15429 T
By: Callegari H.B. No. 3785
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of a navigation district or port
authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 60, Water Code, is amended
by adding Section 60.015 to read as follows:
Section 60.015 EMPLOYEE CATASTROPHIC ASSISTANCE FUND. (a)
In this section:
(1) "Administrator" means the person designated by the
governing board or executive director of a district to administer
the district's employee catastrophic assistance fund.
(2) "Employee" means a district employee with 12 or
more months of continuous employment with the district who is paid
from the general fund of the district, from a special fund of the
district, or from special grants paid through the district.
(b) The governing board or executive director of a district
may establish a program within the district to allow an employee to
voluntarily transfer sick leave time earned by the employee to a
district employee catastrophic assistance fund.
(c) The governing board or executive director of a district
may allow an employee to voluntarily transfer vacation leave time
earned by the employee to a district employee catastrophic
assistance fund.
(d) The governing board or executive director of a district
may adopt rules and prescribe procedures and forms relating to the
operation of the district employee catastrophic assistance fund.
(e) The governing board or executive director of a district
shall designate a person to administer the district employee
catastrophic assistance fund.
(f) The governing board or executive director of a district
shall identify natural or man-made events classified as
catastrophic for purposes of this section.
(g) To contribute to the district employee catastrophic
assistance fund, an employee must submit an application to the
administrator in the prescribed form.
(h) On approval by the administrator, in a fiscal year the
employee may transfer to the district employee catastrophic
assistance fund not less than one day of accrued sick leave time, or
accrued vacation leave time, earned by the employee, nor more than
five days of accrued sick leave time and accrued vacation leave
time. The administrator shall credit the fund with an amount
equivalent to the hourly salary of such employee multiplied by the
amount of time contributed by the employee and shall deduct the same
amount of time from the accrued sick leave time or accrued vacation
leave time to which the employee is entitled, as if the employee had
used the time for personal purposes.
(i) An employee who is terminated or who resigns or retires
may donate not more than ten days of accrued sick leave time or
accrued vacation leave time earned by the employee, to take effect
immediately before the effective date of termination, resignation,
or retirement.
(j) An employee may be eligible for a transfer of funds
contributed to the district employee catastrophic assistance fund
if, because of a catastrophic event, the employee has suffered
unreimbursed losses or expenses.
(k) An eligible employee must apply to the administrator for
a transfer of funds from the district employee catastrophic
assistance fund. If the administrator determines that the employee
is eligible, the administrator shall approve the transfer of funds
from the pool to the employee.
(l) An eligible employee may not receive funds from the
district employee catastrophic assistance fund in an amount that
exceeds One thousand dollars ($1,000) for any catastrophic event.
The administrator shall determine the exact amount of funds
transferred to the eligible employee.
SECTION 2. Section 60.153, Water Code is amended to read as
follows:
Sec. 60.153. EXECUTION OF CONTRACTS. A contract entered
into by a district under this subchapter shall be approved by
resolution of the commission, and executed by the presiding officer
of the commission, the executive director of the district, or an
authorized representative of the executive director[, and duly
attested by the corporate seal of the district].
SECTION 3. Subsection (a), Section 60.4035, Water Code is
amended to read as follows:
(a) Notwithstanding the competitive bidding requirements
and proposal procedures of Subchapters N or O of this code, and the
requirements of Section 60.408(a) through (e) [Sections 60.404 and
60.406], the executive director of a district [port commission] or
an officer of a district [port commission] authorized in writing by
the [executive director of] the port commission may make emergency
purchases or contracts, or emergency amendments to existing
purchase orders or contracts, in an amount [that exceeds $25,000 if
necessary] valued at more than the amount authorized under Section
60.403(a) for routine purchases or contracts.
SECTION 4. Subsection (a), Section 60.404, Water Code is
amended to read as follows:
(a) If the materials, supplies, machinery, equipment, or
other items to be purchased or contracted for [exceed $25,000] are
valued at more than the amount authorized under Section 60.403(a)
for routine purchases or contracts, notice shall be published as
provided by this section.
SECTION 5. Subsection (a), Section 60.406, Water Code is
amended to read as follows:
(a) Except as otherwise provided in Sections 60.4035 or
60.412, before [Before] a district or port authority may purchase
one or more items under a contract that will require an expenditure
of more than [$25,000] the amount authorized under Section
60.403(a) for routine purchases or contracts, the port commission
of that district or port authority must comply with the competitive
bidding requirements or proposal procedures provided by
Subchapters N or O [Sections 60.404 and 60.405] of this code. All
bids must be sealed.
SECTION 6. Subsections (e) through (i), Section 60.408,
Water Code are amended to read as follows:
(e) A contract valued at more than the amount authorized
under Section 60.403(a) for routine purchases or contracts shall be
awarded at a regularly scheduled or specially called meeting of the
port commission.
(f) The contract valued at more than the amount authorized
under Section 60.403(a) for routine purchases or contracts must be
in writing, executed for the district or port authority by its
executive or designated officer of the port commission, or an
authorized designated employee of a port authority or district, and
filed with the proper officer of the district or port authority.
(g) Before a contract valued at more than the amount
authorized under Section 60.403(a) for routine purchases or
contracts takes effect or is binding on a district or port
authority, the appropriate financial officer of the district or
port authority must certify that funds are or will be available to
meet the contract when due.
(h) A contract, requisition or purchase order valued at more
than the amount authorized under Section 60.403(a) for routine
purchases or contracts must be issued in duplicate with one copy
delivered to the contractor and one copy remaining on file with the
district or port authority.
(i) A purchase or contract valued at more than the amount
authorized under Section 60.403(a) for routine purchases or
contracts that is not in compliance with this subchapter is void and
unenforceable.
SECTION 7. Subsection (b), Section 60.411, Water Code is
amended to read as follows:
(b) Not later than the 10th day after the date of the signing
of a contract or issuance of a contract or purchase order [if
required by a district or port authority] for public works, the
bidder or proposal offerer shall furnish a performance bond to the
district or port authority, if required by a district or port
authority, for the full amount of the contract if the contract
exceeds $50,000.
SECTION 8. Subsection (a), Section 60.412, Water Code is
amended to read as follows:
(a) A contract for a purchase is exempt from the competitive
bidding [provided by] requirements or proposal procedures of
Subchapters N or O of this code, [Sections 60.404 and 60.405] if a
contract is for the purchase of:
(1) an item that must be purchased in a case of public
calamity if it is necessary to make the purchase promptly to relieve
the necessity of the citizens or to preserve the property of the
district or port authority;
(2) an item necessary to preserve or protect the
public health or the safety of the residents of the district or port
authority;
(3) an item made necessary by unforeseen damage to the
property of the district or port authority;
(4) a personal or professional service;
(5) any work performed and paid for by the day as the
work progresses;
(6) any land or right-of-way;
(7) an item that can be obtained only from one source,
including:
(A) items for which competition is precluded
because of the existence of patents, copyrights, secret processes,
or natural monopolies;
(B) films, manuscripts, or books;
(C) public utility services; and
(D) captive replacement parts or components for
equipment;
(8) any item necessary to secure a district or port
authority during a period of heightened security as determined by:
(A) the federal Department of Homeland Security,
including the Transportation Security Administration;
(B) the United States Coast Guard;
(C) the United States Bureau of Customs and
Border Protection;
(D) the Federal Bureau of Investigation;
(E) the federal Department of Transportation,
including the Maritime Administration; or
(F) another federal, state, or local agency; or
(9) an item from the United States, including any
agency thereof, or from this state, including an agency of this
state.
SECTION 9. Subsection (e), Section 60.463, Water Code is
amended to read as follows:
(e) The district shall receive, publicly open, and read
aloud the names of the offerors and, if any lump-sum prices are
required to be stated, all such lump-sum prices stated in each
proposal. Not later than the 45th day after the date of opening the
proposals, the district shall evaluate and rank each proposal
submitted in relation to the published selection criteria.
SECTION 10. 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, 2009.