Texas 2015 - 84th Regular

Texas House Bill HB2819 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Deshotel (Senate Sponsor - Creighton) H.B. No. 2819
2		-	(In the Senate - Received from the House May 13, 2015;
3		-	May 13, 2015, read first time and referred to Committee on
4		-	Administration; May 14, 2015, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; May 14, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2819
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to improvement projects of the Sabine-Neches Navigation
12	6		District of Jefferson County, Texas; providing authority to issue
13	7		anticipation notes and time warrants.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Chapter 1472, Acts of the 77th Legislature,
16	10		Regular Session, 2001, is amended by adding Section 6B to read as
17	11		follows:
18	12		Sec. 6B. WATERWAY IMPROVEMENT PROJECT. (a) In this
19	13		section:
20	14		(1) "Improvement project" means the Sabine-Neches
21	15		Waterway Improvement Project.
22	16		(2) "Project sponsor" has the meaning assigned by the
23	17		Water Resources Reform and Development Act of 2014 (Pub. L. No.
24	18		113-121).
25	19		(b) The district is the project sponsor of the existing
26	20		Sabine-Neches Waterway and the improvement project authorized by
27	21		the Water Resources Reform and Development Act of 2014 (Pub. L. No.
28	22		113-121) to improve an existing facility of the district and deepen
29	23		the Sabine-Neches Waterway. The district is also the nonfederal
30	24		cost-sharing sponsor of the improvement project. The commission
31	25		shall make a determination on matters that may be required or
32	26		desirable as a project sponsor to implement the improvement
33	27		project.
34	28		(c) In the district's capacity as the project sponsor of the
35	29		improvement project, the district is authorized to enter into any
36	30		contract, agreement, including an economic development agreement,
37	31		or lease as necessary or convenient to carry out any of the
38	32		district's powers granted under this section. A contract,
39	33		agreement, or lease, including any amendments to a contract,
40	34		agreement, or lease, may provide any terms and conditions, and be
41	35		for any term of years, as the commission determines are in the best
42	36		interests of the district. The contract, agreement, or lease may be
43	37		entered into with any person, political subdivision, or
44	38		governmental agency, including the United States, the secretary of
45	39		the army or the secretary of the army's designees, the Army Corps of
46	40		Engineers, any local government, any county government, any special
47	41		district or authority, any local government corporation, any
48	42		transportation corporation, any tax increment reinvestment zone,
49	43		the State of Texas, any agency of the State of Texas, and any other
50	44		entity. The district is authorized to enter into contracts with a
51	45		private entity to develop or operate any part of the improvement
52	46		project under Chapter 2267, Government Code, and those contracts
53	47		may provide that the private entity:
54	48		(1) perform all or any part of the district's
55	49		obligations under contracts or agreements with the United States;
56	50		and
57	51		(2) use revenue or other money from the improvement
58	52		project to prepay for duties or tariffs, including duties or
59	53		tariffs that may not be effective until the improvement project is
60	54		partially or wholly completed, which may be credited against future
61	55		duties or tariffs.
62	56		(d) The district may enter into a contract, agreement, or
63	57		lease under Section 49.108 or 60.120, Water Code, as determined by
64	58		the commission.
65	59		(e) The district is not required to obtain approval from the
66	60		Texas Commission on Environmental Quality for the district's
67	61		contracts or financing related to the improvement project. Any
68	62		contracts or agreements of the district may be renewed or extended,
69	63		and any time warrants or maintenance notes may be refunded in the
70	64		manner provided by general law.
71	65		(f) The district may provide that payments required by any
72	66		of the district's contracts, agreements, or leases may be payable
73	67		from the sale of notes, taxes, or bonds, or any combination of
74	68		notes, taxes, or bonds, or may be secured by a lien on or a pledge of
75	69		any available funds, including proceeds of the district's
76	70		maintenance tax, and may be payable subject to annual appropriation
77	71		by the district. Sections 26.04, 26.05, 26.07, and 26.012, Tax
78	72		Code, do not apply to maintenance taxes levied and collected for
79	73		payments under a contract, agreement, lease, time warrant, or
80	74		maintenance note issued or executed under this section.
81	75		(g) The district is authorized to borrow money, receive
82	76		advances of funds, and enter into repayment agreements for the
83	77		repayment of borrowed money or advances, and to issue anticipation
84	78		notes, time warrants, and maintenance notes. The anticipation
85	79		notes may be issued in accordance with Chapter 1431, Government
86	80		Code, in the same manner as an eligible countywide district. Tax
87	81		anticipation notes issued under this subsection may not exceed 75
88	82		percent of the revenue or taxes anticipated to be collected in that
89	83		year and shall be payable during the district's current fiscal
90	84		year. Time warrants and maintenance notes issued under this
91	85		subsection may be issued to pay for any lawful expenditure of the
92	86		district and shall be payable over a period not to exceed 35 years
93	87		from the date of issuance.
94	88		(h) The commission shall determine whether the amount of the
95	89		district's maintenance taxes and other available resources
96	90		required to pay the district's existing obligations is also
97	91		sufficient to pay the debt service on any time warrants or
98	92		maintenance notes issued under this section. In evaluating the tax
99	93		rate, the commission may include in the district's budget an
100	94		improvement project fund, which may be funded to assure that
101	95		adequate funds are available to the district to comply with the
102	96		district's covenants and obligations during future years when the
103	97		amounts projected to be needed will exceed the then-current
104	98		available maintenance tax funds.
105	99		SECTION 2. (a) The legal notice of the intention to
106	100		introduce this Act, setting forth the general substance of this
107	101		Act, has been published as provided by law, and the notice and a
108	102		copy of this Act have been furnished to all persons, agencies,
109	103		officials, or entities to which they are required to be furnished
110	104		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
111	105		Government Code.
112	106		(b) The governor, one of the required recipients, has
113	107		submitted the notice and Act to the Texas Commission on
114	108		Environmental Quality.
115	109		(c) The Texas Commission on Environmental Quality has filed
116	110		its recommendations relating to this Act with the governor, the
117	111		lieutenant governor, and the speaker of the house of
118	112		representatives within the required time.
119	113		(d) All requirements of the constitution and laws of this
120	114		state and the rules and procedures of the legislature with respect
121	115		to the notice, introduction, and passage of this Act are fulfilled
122	116		and accomplished.
123	117		SECTION 3. This Act takes effect immediately if it receives
124	118		a vote of two-thirds of all the members elected to each house, as
125	119		provided by Section 39, Article III, Texas Constitution. If this
126	120		Act does not receive the vote necessary for immediate effect, this
127	121		Act takes effect September 1, 2015.
128		-	* * * * *
	122	+	______________________________ ______________________________
	123	+	President of the Senate Speaker of the House
	124	+	I certify that H.B. No. 2819 was passed by the House on May
	125	+	12, 2015, by the following vote: Yeas 143, Nays 0, 2 present, not
	126	+	voting.
	127	+	______________________________
	128	+	Chief Clerk of the House
	129	+	I certify that H.B. No. 2819 was passed by the Senate on May
	130	+	15, 2015, by the following vote: Yeas 31, Nays 0.
	131	+	______________________________
	132	+	Secretary of the Senate
	133	+	APPROVED: _____________________
	134	+	Date
	135	+	_____________________
	136	+	Governor