By: Callegari (Senate Sponsor - Ellis) H.B. No. 3785
(In the Senate - Received from the House May 1, 2009;
May 6, 2009, read first time and referred to Committee on
Transportation and Homeland Security; May 23, 2009, reported
favorably, as amended, by the following vote: Yeas 9, Nays 0;
May 23, 2009, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Wentworth
Amend H.B. No. 3785 (engrossed version) as follows:
(1) In the recital to SECTION 8 of the bill (page 3, line
67), strike "60.412(a)" and substitute "60.412".
(2) In the recital to SECTION 8 of the bill, between
"amended" and "to" (page 3, line 67), insert "by amending
Subsection (a) and adding Subsection (c)".
(3) In SECTION 8 of the bill, immediately following amended
Section 60.412(a), Water Code (page 4, between lines 39 and 40),
insert the following:
(c) A district or port authority shall comply with Chapter
2254, Government Code, in procuring professional services.
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. Chapter 60, Water Code, is amended by adding
Subchapter B-1 to read as follows:
SUBCHAPTER B-1. EMPLOYEE CATASTROPHIC ASSISTANCE PROGRAM
Sec. 60.021. DEFINITIONS. In this subchapter:
(1) "Administrator" means the person designated by the
commission or executive director of a district to administer the
district's employee catastrophic assistance fund.
(2) "Assistance fund" means an employee catastrophic
assistance fund established by a district under this subchapter.
(3) "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.
Sec. 60.022. ESTABLISHMENT OF EMPLOYEE CATASTROPHIC
ASSISTANCE PROGRAM. (a) The commission or executive director of a
district may establish a program in the district to allow an
employee to voluntarily transfer time earned by the employee as
sick leave or vacation leave to a district employee catastrophic
assistance fund.
(b) The commission or executive director of a district shall
designate a person to administer the district assistance fund.
(c) The commission or executive director of a district shall
identify natural or man-made events classified as catastrophic for
purposes of this subchapter.
(d) The commission or executive director of a district may
adopt rules and prescribe procedures and forms relating to the
operation of the district assistance fund.
Sec. 60.023. EMPLOYEE CONTRIBUTION TO DISTRICT ASSISTANCE
FUND. (a) To contribute to the district assistance fund, an
employee must submit an application to the administrator in the
prescribed form.
(b) On approval by the administrator, in a fiscal year the
employee may contribute to the district assistance fund not less
than one day or more than 10 days of the employee's combined accrued
sick leave and vacation leave time. The administrator shall credit
the fund with a dollar amount equivalent to the hourly salary of the
employee multiplied by the number of hours contributed by the
employee and shall deduct the same number of hours from the accrued
sick leave or vacation leave time, as applicable, to which the
employee was entitled before the contribution as if the employee
had used the time for personal purposes.
(c) An employee who is terminated or who resigns or retires
may make a contribution of not more than 10 days of the combined
accrued sick leave or vacation leave time earned by the employee, to
take effect immediately before the effective date of the
termination, resignation, or retirement.
Sec. 60.024. TRANSFERS FROM DISTRICT ASSISTANCE FUND TO
EMPLOYEES. (a) An employee may be eligible for a transfer of money
from the district assistance fund if, because of a catastrophic
event, the employee has suffered unreimbursed losses or expenses.
(b) An eligible employee must apply to the administrator for
a transfer of money from the district assistance fund. If the
administrator determines that the employee is eligible, the
administrator shall approve the transfer of money from the fund to
the employee.
(c) An eligible employee may not receive from the district
assistance fund more than $5,000 for any catastrophic event. The
administrator shall determine the amount of money that is
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. Section 60.4035, Water Code, is amended to read
as follows:
Sec. 60.4035. CONTRACTS: EMERGENCY PURCHASES. (a)
Notwithstanding the competitive bidding requirements and proposal
procedures of this subchapter and Subchapter O and the requirements
of Sections 60.408(a), (b), (c), (d), and (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 the amount authorized
under Section 60.403(a) for routine purchases or contracts
[$25,000] if necessary:
(1) to preserve or protect the public health and
safety of the residents of the district;
(2) to preserve the property of the district in the
case of a public calamity;
(3) to repair unforeseen damage to the property of the
district; or
(4) to respond to security directives issued by:
(A) the federal Department of Homeland Security,
including the Transportation Security Administration;
(B) the United States Coast Guard;
(C) the federal Department of Transportation,
including the Maritime Administration; or
(D) another federal or state agency responsible
for domestic security.
(b) The executive director of a district [port commission]
or the authorized officer of the district [port commission] shall
notify the port commissioners of any purchase made under Subsection
(a) not later than 48 hours after the purchase is made.
SECTION 4. Sections 60.404(a) and (d), Water Code, are
amended to read as follows:
(a) If the materials, supplies, machinery, equipment, or
other items to be purchased or contracted for are valued at an
amount greater than the amount authorized under Section 60.403(a)
for routine purchases or contracts [exceed $25,000], notice shall
be published as provided by this section.
(d) The specifications must:
(1) describe in detail the item to be acquired;
(2) require that bids be sealed;
(3) require the attachment to the bid of a certified
check, cashier's check, or bidders bond, if security is required in
connection with the bid; and
(4) indicate whether a small business development
program adopted by the port commission of the port authority or
district applies to the purchase and, if so, where a copy of the
program requirements may be obtained.
SECTION 5. Section 60.406, Water Code, is amended to read as
follows:
Sec. 60.406. COMPETITIVE BIDDING AND PROPOSAL PROCEDURES
REQUIRED FOR CERTAIN CONTRACTS. (a) Except as otherwise provided
by Section 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 the amount authorized under
Section 60.403(a) for routine purchases or contracts [$25,000], the
port commission of that district or port authority must comply with
the competitive bidding requirements or proposal procedures
provided by this subchapter or Subchapter O [Sections 60.404 and
60.405 of this code]. All bids must be sealed.
(b) The competitive bidding and proposal requirements
provided by this subchapter and Subchapter O [Sections 60.404 and
60.405 of this code] apply only to contracts for which payment will
be made from current funds or bond funds.
(c) In applying the competitive bidding procedures and
proposal procedures, all separate, sequential, or component
purchases of items ordered or purchased from the same supplier by
the same officer, entity, or department, purchased with the intent
of avoiding the requirements of this subchapter or Subchapter O
[Section 60.404 or 60.405 of this code], shall be treated as if they
are part of a single purchase and a single contract.
SECTION 6. Sections 60.408(e), (f), (g), (h), and (i),
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) A [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 the district's or port authority's [its] executive or
designated officer or by an authorized designated employee of the
district or port authority, 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. Section 60.411(b), 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], 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. Section 60.412(a), Water Code, is amended to
read as follows:
(a) A contract for a purchase is exempt from the competitive
bidding requirements and proposal procedures of this subchapter and
Subchapter O [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. Section 60.463(e), 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. Section 60.012, Water Code, is repealed.
SECTION 11. The changes in law made by this Act affecting
contracts, purchases, or amendments to existing purchase orders or
contracts made by a navigation district or port authority under
Subchapter N or O, Chapter 60, Water Code, apply only to a contract,
purchase, or amendment made on or after the effective date of this
Act. A contract, purchase, or amendment made before the effective
date of this Act is governed by the law in effect on the date the
contract, purchase, or amendment was made, and that law is
continued in effect for that purpose.
SECTION 12. 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.
* * * * *