| 1 | 1 | | 81R10370 SGA-F |
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| 2 | 2 | | By: Williams S.B. No. 2054 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to contracts and purchases by certain navigation |
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| 8 | 8 | | districts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 60.403(a), Water Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) A port commission, an authorized designated officer of |
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| 13 | 13 | | the port commission, the executive director of the district or the |
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| 14 | 14 | | port authority, or an authorized representative of the executive |
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| 15 | 15 | | director may make routine purchases or contracts in an amount not to |
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| 16 | 16 | | exceed $100,000 [$25,000]. |
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| 17 | 17 | | SECTION 2. Section 60.4035(a), Water Code, is amended to |
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| 18 | 18 | | read as follows: |
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| 19 | 19 | | (a) Notwithstanding Sections 60.404 and 60.406, the |
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| 20 | 20 | | executive director of a port commission or an officer of a port |
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| 21 | 21 | | commission authorized in writing by the executive director of the |
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| 22 | 22 | | port commission may make emergency purchases or contracts in an |
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| 23 | 23 | | amount that exceeds $100,000 [$25,000] if necessary: |
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| 24 | 24 | | (1) to preserve or protect the public health and |
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| 25 | 25 | | safety of the residents of the district; |
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| 26 | 26 | | (2) to preserve the property of the district in the |
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| 27 | 27 | | case of a public calamity; |
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| 28 | 28 | | (3) to repair unforeseen damage to the property of the |
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| 29 | 29 | | district; or |
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| 30 | 30 | | (4) to respond to security directives issued by: |
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| 31 | 31 | | (A) the federal Department of Homeland Security, |
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| 32 | 32 | | including the Transportation Security Administration; |
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| 33 | 33 | | (B) the United States Coast Guard; |
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| 34 | 34 | | (C) the federal Department of Transportation, |
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| 35 | 35 | | including the Maritime Administration; or |
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| 36 | 36 | | (D) another federal or state agency responsible |
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| 37 | 37 | | for domestic security. |
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| 38 | 38 | | SECTION 3. Sections 60.404(a) and (d), Water Code, are |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (a) If the materials, supplies, machinery, equipment, or |
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| 41 | 41 | | other items to be purchased or contracted for exceed $100,000 |
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| 42 | 42 | | [$25,000], notice shall be published as provided by this section. |
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| 43 | 43 | | (d) The specifications must: |
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| 44 | 44 | | (1) describe in detail the item to be acquired; |
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| 45 | 45 | | (2) require that bids be sealed; |
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| 46 | 46 | | (3) require the attachment to the bid of a certified |
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| 47 | 47 | | check, cashier's check, or bidders bond if the bid specifications |
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| 48 | 48 | | require the bidder to provide a certified check, cashier's check, |
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| 49 | 49 | | or bidders bond; and |
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| 50 | 50 | | (4) indicate whether a small business development |
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| 51 | 51 | | program adopted by the port commission of the port authority or |
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| 52 | 52 | | district applies to the purchase and, if so, where a copy of the |
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| 53 | 53 | | program requirements may be obtained. |
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| 54 | 54 | | SECTION 4. Section 60.406(a), Water Code, is amended to |
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| 55 | 55 | | read as follows: |
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| 56 | 56 | | (a) Before a district or port authority may purchase one or |
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| 57 | 57 | | more items under a contract that will require an expenditure of more |
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| 58 | 58 | | than $100,000 [$25,000], the port commission of that district or |
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| 59 | 59 | | port authority must comply with the competitive bidding |
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| 60 | 60 | | requirements or proposal procedures provided by Sections 60.404 and |
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| 61 | 61 | | 60.405 of this code. All bids must be sealed. |
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| 62 | 62 | | SECTION 5. The change in law made by this Act applies only |
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| 63 | 63 | | to a purchase made or a contract entered into by a navigation |
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| 64 | 64 | | district on or after the effective date of this Act. A purchase |
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| 65 | 65 | | made or a contract entered into by a navigation district before the |
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| 66 | 66 | | effective date of this Act is governed by the law in effect |
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| 67 | 67 | | immediately before the effective date of this Act, and that law is |
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| 68 | 68 | | continued in effect for that purpose. |
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| 69 | 69 | | SECTION 6. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2009. |
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