82R7854 JXC-F
By: Jackson S.B. No. 1104
A BILL TO BE ENTITLED
AN ACT
relating to the operation, powers, and duties of ship channel
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 68.001, Water Code, is amended by adding
Subdivision (2-a) to read as follows:
(2-a) "Facility" includes any interest in real
property, including fixtures, improvements, leasehold interests,
easements, licenses, and related rights.
SECTION 2. Section 68.051(c), Water Code, is amended to
read as follows:
(c) Except as provided by Subsection (d), after [After] the
district is created, the commissioners court that created the
district by order may provide for this chapter to apply to any other
type of facility that the district by petition requests the court to
add.
SECTION 3. Sections 68.152(a) and (b), Water Code, are
amended to read as follows:
(a) The commissioners court of the county shall appoint as
[two] directors for each security zone the two nominees who
received the highest number of votes in a [from a list of two
persons nominated by a majority] vote by [of] the facility owners in
each security zone. Each [nominated] person nominated as a
director must be employed by a facility owner at a facility in the
zone.
(b) After reviewing the list of persons nominated to be
directors, the commissioners court shall approve or disapprove the
nominations for each security zone.
SECTION 4. Section 68.156, Water Code, is amended by adding
Subsection (c) to read as follows:
(c) When a director's term expires, the successor director
is appointed in the manner provided by this subchapter for that
director position.
SECTION 5. Section 68.161(b), Water Code, is amended to
read as follows:
(b) The board shall conduct its meetings in this state [the
district].
SECTION 6. Section 68.301, Water Code, is amended to read as
follows:
Sec. 68.301. AUTHORITY TO IMPOSE ASSESSMENT. The board may
impose one or more assessments [an assessment] against one or more
facilities for any district purpose, including for general district
purposes or for a specific security project or security service.
The board may impose the assessments against all facilities or
against a specific facility or group of facilities.
SECTION 7. Section 68.303(a), Water Code, is amended to
read as follows:
(a) Not later than the 30th day before the date of the
hearing, the district shall provide notice of the hearing by
certified mail, return receipt requested, to each facility owner:
(1) at the current address of each facility according
to the appraisal record maintained by the appraisal district for
that facility under Section 25.02, Tax Code; or
(2) if the appraisal records do not accurately reflect
that address, at the facility's physical location as reflected by
any other information available.
SECTION 8. Section 68.307(c), Water Code, is amended to
read as follows:
(c) After all objections have been heard and action has been
taken with regard to those objections, the board by resolution
shall impose the assessments on the facilities and shall specify
the method of payment of the assessments. A facility shall pay
assessments in one lump sum on the date designated by the board,
unless the board allows the [and may provide that those]
assessments to be paid in periodic installments.
SECTION 9. Section 68.313(b), Water Code, is amended to
read as follows:
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the facility
[property] assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the facility [property] even if the owners are not
named in the assessment proceedings.
SECTION 10. Subchapter G, Chapter 68, Water Code, is
amended by adding Section 68.316 to read as follows:
Sec. 68.316. FACILITY OWNER'S OBLIGATIONS. (a) An
assessment imposed by the board is a continuing and direct
obligation of the owner of the facility on which the assessment is
imposed regardless of whether the person owned the facility at the
time the assessment was imposed.
(b) The obligation to pay an assessment is not affected by a
change in the:
(1) ownership of the facility;
(2) type of facility;
(3) improvements that are part of the facility; or
(4) district's territory.
SECTION 11. Chapter 68, Water Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. ADDITION AND EXCLUSION OF TERRITORY AND FACILITIES
Sec. 68.401. ADDITION OF TERRITORY AND FACILITIES BY BOARD.
(a) A board may petition the commissioners court of the county that
created the district to add to the district territory that contains
a facility in the county if the board finds that a security project
or security service in the district benefits or will benefit the
facility.
(b) The petition must recommend a security zone in which the
facility to be added should be included. The board may recommend
modifying a security zone as necessary to add the facility. The
board of a district that has four security zones may also recommend
adding a fifth security zone as necessary to add the new facility.
The recommendation must also note whether the security zone of any
facilities will change if the petition is granted.
(c) If any part of an assessment imposed by the board is
allocable to the facility to be added, the petition must describe
the portion, amount, and terms of the assessment.
(d) The commissioners court:
(1) shall publish notice and conduct a hearing on the
petition under Sections 68.104 and 68.105; and
(2) may grant the petition if the commissioners court
determines that a security project or security service in the
district benefits or will benefit the facility.
Sec. 68.402. ADDITION OF TERRITORY AND FACILITIES BY
FACILITY OWNER. (a) The owner of a facility in the county may
petition the board of a district to add to the district territory
that contains the facility in the county. The petition must
describe the territory and facility to be added and be signed by
each owner of the facility.
(b) If the board grants the petition, the board shall
forward the petition to the commissioners court and make
recommendations to the court under Subsection (c).
(c) The board shall recommend the security zone in which the
facility to be added should be included. The board may recommend
modifying a security zone as necessary to add the facility. The
board of a district that has four security zones may also recommend
adding a fifth security zone as necessary to add the new facility.
The recommendation must also note whether the security zone of any
facilities will change if the petition is granted.
(d) If any part of an assessment imposed by the board is
allocable to the facility to be added, the board must include with
the petition it forwards to the commissioners court a description
of the portion, amount, and terms of the assessment.
(e) The commissioners court shall grant the petition.
Sec. 68.403. MODIFICATION OF ORDER. A commissioners court
that adds territory under this subchapter shall modify the order
that created the district under Section 68.107 to:
(1) modify the territory;
(2) add the facility;
(3) describe any security zones created or modified
under this section, including the location of any facilities whose
zone has changed;
(4) identify the security zone in which the added
facility is located; and
(5) describe the portion, amount, and terms of payment
of an assessment imposed by the board that is allocable to the
facility.
Sec. 68.404. EXCLUSION OF TERRITORY AND FACILITIES BY
BOARD. (a) A board may petition the commissioners court of the
county that created the district to exclude territory from the
district that contains a facility. The petition must include a
finding by the board that excluding the territory is practical,
just, and desirable.
(b) The petition may include recommendations to:
(1) modify or eliminate a security zone, including
whether to change the location of any facilities that will remain in
the district, provided that the district may not have fewer than
four security zones; and
(2) modify assessments that the facility has not paid.
(c) The commissioners court:
(1) shall publish notice and conduct a hearing on the
petition under Sections 68.104 and 68.105; and
(2) may grant the petition if the commissioners court
finds that exclusion of the territory that contains the facility is
practical, just, and desirable.
(d) A commissioners court that excludes territory under
this section shall modify the order that created the district under
Section 68.107 to:
(1) modify the territory;
(2) exclude the facility;
(3) describe any security zones modified or eliminated
under this section, including the location of any facilities whose
zone has changed; and
(4) modify unpaid assessments, as applicable.
SECTION 12. Section 68.152, Water Code, as amended by this
Act, applies only to a director nominated on or after the effective
date of this Act. A director nominated before the effective date of
this Act is governed by the law in effect when the nomination was
made, and that law is continued in effect for that purpose.
SECTION 13. 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, 2011.