Texas 2009 - 81st Regular

Texas House Bill HB3785 Compare Versions

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1	1	H.B. No. 3785
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of a navigation district or port
6	6	authority.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 60, Water Code, is amended by adding
9	9	Subchapter B-1 to read as follows:
10	10	SUBCHAPTER B-1. EMPLOYEE CATASTROPHIC ASSISTANCE PROGRAM
11	11	Sec. 60.021. DEFINITIONS. In this subchapter:
12	12	(1) "Administrator" means the person designated by the
13	13	commission or executive director of a district to administer the
14	14	district's employee catastrophic assistance fund.
15	15	(2) "Assistance fund" means an employee catastrophic
16	16	assistance fund established by a district under this subchapter.
17	17	(3) "Employee" means a district employee with 12 or
18	18	more months of continuous employment with the district who is paid
19	19	from the general fund of the district, from a special fund of the
20	20	district, or from special grants paid through the district.
21	21	Sec. 60.022. ESTABLISHMENT OF EMPLOYEE CATASTROPHIC
22	22	ASSISTANCE PROGRAM. (a) The commission or executive director of a
23	23	district may establish a program in the district to allow an
24	24	employee to voluntarily transfer time earned by the employee as
25	25	sick leave or vacation leave to a district employee catastrophic
26	26	assistance fund.
27	27	(b) The commission or executive director of a district shall
28	28	designate a person to administer the district assistance fund.
29	29	(c) The commission or executive director of a district shall
30	30	identify natural or man-made events classified as catastrophic for
31	31	purposes of this subchapter.
32	32	(d) The commission or executive director of a district may
33	33	adopt rules and prescribe procedures and forms relating to the
34	34	operation of the district assistance fund.
35	35	Sec. 60.023. EMPLOYEE CONTRIBUTION TO DISTRICT ASSISTANCE
36	36	FUND. (a) To contribute to the district assistance fund, an
37	37	employee must submit an application to the administrator in the
38	38	prescribed form.
39	39	(b) On approval by the administrator, in a fiscal year the
40	40	employee may contribute to the district assistance fund not less
41	41	than one day or more than 10 days of the employee's combined accrued
42	42	sick leave and vacation leave time. The administrator shall credit
43	43	the fund with a dollar amount equivalent to the hourly salary of the
44	44	employee multiplied by the number of hours contributed by the
45	45	employee and shall deduct the same number of hours from the accrued
46	46	sick leave or vacation leave time, as applicable, to which the
47	47	employee was entitled before the contribution as if the employee
48	48	had used the time for personal purposes.
49	49	(c) An employee who is terminated or who resigns or retires
50	50	may make a contribution of not more than 10 days of the combined
51	51	accrued sick leave or vacation leave time earned by the employee, to
52	52	take effect immediately before the effective date of the
53	53	termination, resignation, or retirement.
54	54	Sec. 60.024. TRANSFERS FROM DISTRICT ASSISTANCE FUND TO
55	55	EMPLOYEES. (a) An employee may be eligible for a transfer of money
56	56	from the district assistance fund if, because of a catastrophic
57	57	event, the employee has suffered unreimbursed losses or expenses.
58	58	(b) An eligible employee must apply to the administrator for
59	59	a transfer of money from the district assistance fund. If the
60	60	administrator determines that the employee is eligible, the
61	61	administrator shall approve the transfer of money from the fund to
62	62	the employee.
63	63	(c) An eligible employee may not receive from the district
64	64	assistance fund more than $5,000 for any catastrophic event. The
65	65	administrator shall determine the amount of money that is
66	66	transferred to the eligible employee.
67	67	SECTION 2. Section 60.153, Water Code, is amended to read as
68	68	follows:
69	69	Sec. 60.153. EXECUTION OF CONTRACTS. A contract entered
70	70	into by a district under this subchapter shall be approved by
71	71	resolution of the commission and[,] executed by the presiding
72	72	officer of the commission, the executive director of the district,
73	73	or an authorized representative of the executive director[, and
74	74	duly attested by the corporate seal of the district].
75	75	SECTION 3. Section 60.4035, Water Code, is amended to read
76	76	as follows:
77	77	Sec. 60.4035. CONTRACTS: EMERGENCY PURCHASES. (a)
78	78	Notwithstanding the competitive bidding requirements and proposal
79	79	procedures of this subchapter and Subchapter O and the requirements
80	80	of Sections 60.408(a), (b), (c), (d), and (e) [Sections 60.404 and
81	81	60.406], the executive director of a district [port commission] or
82	82	an officer of a district [port commission] authorized in writing by
83	83	the [executive director of the] port commission may make emergency
84	84	purchases or contracts or emergency amendments to existing purchase
85	85	orders or contracts in an amount that exceeds the amount authorized
86	86	under Section 60.403(a) for routine purchases or contracts
87	87	[$25,000] if necessary:
88	88	(1) to preserve or protect the public health and
89	89	safety of the residents of the district;
90	90	(2) to preserve the property of the district in the
91	91	case of a public calamity;
92	92	(3) to repair unforeseen damage to the property of the
93	93	district; or
94	94	(4) to respond to security directives issued by:
95	95	(A) the federal Department of Homeland Security,
96	96	including the Transportation Security Administration;
97	97	(B) the United States Coast Guard;
98	98	(C) the federal Department of Transportation,
99	99	including the Maritime Administration; or
100	100	(D) another federal or state agency responsible
101	101	for domestic security.
102	102	(b) The executive director of a district [port commission]
103	103	or the authorized officer of the district [port commission] shall
104	104	notify the port commissioners of any purchase made under Subsection
105	105	(a) not later than 48 hours after the purchase is made.
106	106	SECTION 4. Sections 60.404(a) and (d), Water Code, are
107	107	amended to read as follows:
108	108	(a) If the materials, supplies, machinery, equipment, or
109	109	other items to be purchased or contracted for are valued at an
110	110	amount greater than the amount authorized under Section 60.403(a)
111	111	for routine purchases or contracts [exceed $25,000], notice shall
112	112	be published as provided by this section.
113	113	(d) The specifications must:
114	114	(1) describe in detail the item to be acquired;
115	115	(2) require that bids be sealed;
116	116	(3) require the attachment to the bid of a certified
117	117	check, cashier's check, or bidders bond, if security is required in
118	118	connection with the bid; and
119	119	(4) indicate whether a small business development
120	120	program adopted by the port commission of the port authority or
121	121	district applies to the purchase and, if so, where a copy of the
122	122	program requirements may be obtained.
123	123	SECTION 5. Section 60.406, Water Code, is amended to read as
124	124	follows:
125	125	Sec. 60.406. COMPETITIVE BIDDING AND PROPOSAL PROCEDURES
126	126	REQUIRED FOR CERTAIN CONTRACTS. (a) Except as otherwise provided
127	127	by Section 60.4035 or 60.412, before [Before] a district or port
128	128	authority may purchase one or more items under a contract that will
129	129	require an expenditure of more than the amount authorized under
130	130	Section 60.403(a) for routine purchases or contracts [$25,000], the
131	131	port commission of that district or port authority must comply with
132	132	the competitive bidding requirements or proposal procedures
133	133	provided by this subchapter or Subchapter O [Sections 60.404 and
134	134	60.405 of this code]. All bids must be sealed.
135	135	(b) The competitive bidding and proposal requirements
136	136	provided by this subchapter and Subchapter O [Sections 60.404 and
137	137	60.405 of this code] apply only to contracts for which payment will
138	138	be made from current funds or bond funds.
139	139	(c) In applying the competitive bidding procedures and
140	140	proposal procedures, all separate, sequential, or component
141	141	purchases of items ordered or purchased from the same supplier by
142	142	the same officer, entity, or department, purchased with the intent
143	143	of avoiding the requirements of this subchapter or Subchapter O
144	144	[Section 60.404 or 60.405 of this code], shall be treated as if they
145	145	are part of a single purchase and a single contract.
146	146	SECTION 6. Sections 60.408(e), (f), (g), (h), and (i),
147	147	Water Code, are amended to read as follows:
148	148	(e) A contract valued at more than the amount authorized
149	149	under Section 60.403(a) for routine purchases or contracts shall be
150	150	awarded at a regularly scheduled or specially called meeting of the
151	151	port commission.
152	152	(f) A [The] contract valued at more than the amount
153	153	authorized under Section 60.403(a) for routine purchases or
154	154	contracts must be in writing, executed for the district or port
155	155	authority by the district's or port authority's [its] executive or
156	156	designated officer or by an authorized designated employee of the
157	157	district or port authority, and filed with the proper officer of the
158	158	district or port authority.
159	159	(g) Before a contract valued at more than the amount
160	160	authorized under Section 60.403(a) for routine purchases or
161	161	contracts takes effect or is binding on a district or port
162	162	authority, the appropriate financial officer of the district or
163	163	port authority must certify that funds are or will be available to
164	164	meet the contract when due.
165	165	(h) A contract, requisition, or purchase order valued at
166	166	more than the amount authorized under Section 60.403(a) for routine
167	167	purchases or contracts must be issued in duplicate with one copy
168	168	delivered to the contractor and one copy remaining on file with the
169	169	district or port authority.
170	170	(i) A purchase or contract valued at more than the amount
171	171	authorized under Section 60.403(a) for routine purchases or
172	172	contracts that is not in compliance with this subchapter is void and
173	173	unenforceable.
174	174	SECTION 7. Section 60.411(b), Water Code, is amended to
175	175	read as follows:
176	176	(b) Not later than the 10th day after the date of the signing
177	177	of a contract or issuance of a contract or purchase order [if
178	178	required by a district or port authority], the bidder or proposal
179	179	offerer shall furnish a performance bond to the district or port
180	180	authority, if required by a district or port authority, for the full
181	181	amount of the contract if the contract exceeds $50,000.
182	182	SECTION 8. Section 60.412, Water Code, is amended by
183	183	amending Subsection (a) and adding Subsection (c) to read as
184	184	follows:
185	185	(a) A contract for a purchase is exempt from the competitive
186	186	bidding requirements and proposal procedures of this subchapter and
187	187	Subchapter O [Sections 60.404 and 60.405] if a contract is for the
188	188	purchase of:
189	189	(1) an item that must be purchased in a case of public
190	190	calamity if it is necessary to make the purchase promptly to relieve
191	191	the necessity of the citizens or to preserve the property of the
192	192	district or port authority;
193	193	(2) an item necessary to preserve or protect the
194	194	public health or the safety of the residents of the district or port
195	195	authority;
196	196	(3) an item made necessary by unforeseen damage to the
197	197	property of the district or port authority;
198	198	(4) a personal or professional service;
199	199	(5) any work performed and paid for by the day as the
200	200	work progresses;
201	201	(6) any land or right-of-way;
202	202	(7) an item that can be obtained only from one source,
203	203	including:
204	204	(A) items for which competition is precluded
205	205	because of the existence of patents, copyrights, secret processes,
206	206	or natural monopolies;
207	207	(B) films, manuscripts, or books;
208	208	(C) public utility services; and
209	209	(D) captive replacement parts or components for
210	210	equipment;
211	211	(8) any item necessary to secure a district or port
212	212	authority during a period of heightened security as determined by:
213	213	(A) the federal Department of Homeland Security,
214	214	including the Transportation Security Administration;
215	215	(B) the United States Coast Guard;
216	216	(C) the United States Bureau of Customs and
217	217	Border Protection;
218	218	(D) the Federal Bureau of Investigation;
219	219	(E) the federal Department of Transportation,
220	220	including the Maritime Administration; or
221	221	(F) another federal, state, or local agency; or
222	222	(9) an item from the United States, including any
223	223	agency thereof, or from this state, including an agency of this
224	224	state.
225	225	(c) A district or port authority shall comply with Chapter
226	226	2254, Government Code, in procuring professional services.
227	227	SECTION 9. Section 60.463(e), Water Code, is amended to
228	228	read as follows:
229	229	(e) The district shall receive, publicly open, and read
230	230	aloud the names of the offerors and, if any lump-sum prices are
231	231	required to be stated, all such lump-sum prices stated in each
232	232	proposal. Not later than the 45th day after the date of opening the
233	233	proposals, the district shall evaluate and rank each proposal
234	234	submitted in relation to the published selection criteria.
235	235	SECTION 10. Section 60.012, Water Code, is repealed.
236	236	SECTION 11. The changes in law made by this Act affecting
237	237	contracts, purchases, or amendments to existing purchase orders or
238	238	contracts made by a navigation district or port authority under
239	239	Subchapter N or O, Chapter 60, Water Code, apply only to a contract,
240	240	purchase, or amendment made on or after the effective date of this
241	241	Act. A contract, purchase, or amendment made before the effective
242	242	date of this Act is governed by the law in effect on the date the
243	243	contract, purchase, or amendment was made, and that law is
244	244	continued in effect for that purpose.
245	245	SECTION 12. This Act takes effect immediately if it
246	246	receives a vote of two-thirds of all the members elected to each
247	247	house, as provided by Section 39, Article III, Texas Constitution.
248	248	If this Act does not receive the vote necessary for immediate
249	249	effect, this Act takes effect September 1, 2009.
250	250	______________________________ ______________________________
251	251	President of the Senate Speaker of the House
252	252	I certify that H.B. No. 3785 was passed by the House on April
253	253	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
254	254	voting; and that the House concurred in Senate amendments to H.B.
255	255	No. 3785 on May 29, 2009, by the following vote: Yeas 143, Nays 0,
256	256	1 present, not voting.
257	257	______________________________
258	258	Chief Clerk of the House
259	259	I certify that H.B. No. 3785 was passed by the Senate, with
260	260	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
261	261	0.
262	262	______________________________
263	263	Secretary of the Senate
264	264	APPROVED: __________________
265	265	Date
266	266	__________________
267	267	Governor