Texas 2015 - 84th Regular

Texas Senate Bill SB1894 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Garcia, Hinojosa S.B. No. 1894
2		-	(In the Senate - Filed March 13, 2015; March 25, 2015, read
3		-	first time and referred to Committee on Natural Resources and
4		-	Economic Development; May 7, 2015, reported adversely, with
5		-	favorable Committee Substitute by the following vote: Yeas 9,
6		-	Nays 0; May 7, 2015, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1894 By: Estes
	1	+	By: Garcia, et al. S.B. No. 1894
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the powers and duties of navigation districts, port
14	7		authorities, and boards of trustees of municipal port facilities.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. The heading to Section 551.0415, Government
17	10		Code, is amended to read as follows:
18	11		Sec. 551.0415. BOARD OF TRUSTEES OR GOVERNING BODY OF
19	12		MUNICIPALITY, [OR] COUNTY, OR NAVIGATION DISTRICT: REPORTS ABOUT
20	13		ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE
21	14		TAKEN.
22	15		SECTION 2. Section 551.0415(a), Government Code, is amended
23	16		to read as follows:
24	17		(a) Notwithstanding Sections 551.041 and 551.042, a quorum
25	18		of the governing body of a municipality, [or] county, navigation
26	19		district, or board of trustees established under Chapter 54,
27	20		Transportation Code, may receive from staff of the political
28	21		subdivision and a member of the governing body may make a report
29	22		about items of community interest during a meeting of the governing
30	23		body without having given notice of the subject of the report as
31	24		required by this subchapter if no action is taken and, except as
32	25		provided by Section 551.042, possible action is not discussed
33	26		regarding the information provided in the report.
34	27		SECTION 3. Section 60.034, Water Code, is amended to read as
35	28		follows:
36	29		Sec. 60.034. OIL, GAS, AND MINERAL LEASES. Except for lands
37	30		or flats purchased from this state under Article 8225, Revised
38	31		Statutes, a district [The commission] may lease for oil, gas, and
39	32		minerals rights-of-way, spoil grounds, spoil basins, or any other
40	33		land owned by the [a navigation] district if it does not interfere
41	34		with use of or obstruct any natural or artificial waterway of the
42	35		district used for navigation purposes.
43	36		SECTION 4. The heading to Section 60.035, Water Code, is
44	37		amended to read as follows:
45	38		Sec. 60.035. NOTICE OF CERTAIN OIL, GAS, AND MINERAL LEASES
46	39		[LEASE].
47	40		SECTION 5. Section 60.035(a), Water Code, is amended to
48	41		read as follows:
49	42		(a) Before a district may enter into a lease [may be
50	43		executed by the commission] under Section 60.034 [of this code],
51	44		the district [commission] shall have a notice requesting bids on
52	45		the lease published in a newspaper of general circulation in the
53	46		district. The notice shall be published at least once a week for
54	47		two consecutive weeks before the final date for the receipt of bids.
55	48		Chapter 71, Natural Resources Code, does not apply to a lease made
56	49		under this section if the lease is made in accordance with this
57	50		section and Sections 60.036 and 60.037 of this code.
58	51		SECTION 6. Section 60.038, Water Code, is amended to read as
59	52		follows:
60	53		Sec. 60.038. DISPOSITION [SALE OR LEASE] OF INTERESTS IN
61	54		REAL PROPERTY [LAND]. (a) A district may sell, exchange, or lease
62	55		real property or any interest in real property [all or any part of
63	56		land] owned by it, whether the real property was [land is] acquired
64	57		by gift or purchase, in settlement of any litigation, controversy,
65	58		or claim in behalf of the district, or in any other manner, except
66	59		that lands or flats heretofore purchased from the State of Texas
67	60		under Article 8225, Revised [Civil] Statutes [of Texas, 1925], or
68	61		granted by the State of Texas in any general or special act, may be
69	62		sold only to the State of Texas or exchanged with the State of Texas
70	63		for other lands or exchanged for adjacent littoral land as
71	64		authorized by Section 61.117 of this code. Except for lands or
72	65		flats purchased from this state under Article 8225, Revised
73	66		Statutes, the district may impose restrictions on the development,
74	67		use, and transfer of any real property or interest in real property
75	68		in connection with its sale or exchange under this section.
76	69		(b) Before a district may sell or exchange real property
77	70		[land], the commission shall determine by resolution that the land
78	71		is no longer needed for use by the district in connection with the
79	72		development of a navigation project.
80	73		(c) A sale [Sale] or exchange [lease] of real property
81	74		[land] shall be made as provided by Sections 60.040-60.042
82	75		[60.039-60.042 of this code].
83	76		SECTION 7. Section 60.039, Water Code, is amended to read as
84	77		follows:
85	78		Sec. 60.039. CERTAIN SURFACE LEASES [LEASE]. (a) A
86	79		district [The commission] may lease, as lessor, the surface of real
87	80		property [land] for not more than 50 [30] years by the entry of an
88	81		order on the minutes of the commission and the execution of a lease
89	82		in the manner provided by the original order. The lease may not be
90	83		extended beyond the 50-year [30-year] period by renewal, extension,
91	84		or otherwise.
92	85		(b) The commission or the executive director of the
93	86		district, or a person authorized by the commission or the executive
94	87		director, may enter into a lease, as lessor, for the surface of real
95	88		property for not more than one year without [a monthly tenancy or a
96	89		tenancy from month to month. The lease term may only exceed one
97	90		year if]:
98	91		(1) entering [the commission enters] an order on the
99	92		minutes; or [and]
100	93		(2) executing [the execution of] the lease [is] in the
101	94		manner provided by the original order for the lease.
102	95		SECTION 8. Section 60.040, Water Code, is amended to read as
103	96		follows:
104	97		Sec. 60.040. PUBLICATION OF NOTICE FOR SALES AND LEASES IN
105	98		EXCESS OF 50 [30] YEARS. Before making a sale of real property or a
106	99		lease of real property [land] for more than 50 [30] years, the
107	100		district [commission] shall publish a notice in the manner provided
108	101		in Section 60.035 [of this subchapter]. Before publication of the
109	102		notice, a district may enter into negotiations with one or more
110	103		potential buyers or lessees without affecting the validity of the
111	104		sale or lease.
112	105		SECTION 9. Section 60.041, Water Code, is amended to read as
113	106		follows:
114	107		Sec. 60.041. SECURITY FOR BIDS ON REAL PROPERTY [LAND] TO BE
115	108		SOLD OR LEASED FOR MORE THAN 50 [30] YEARS. Each bid submitted on
116	109		real property [land] to be sold or leased for more than 50 [30]
117	110		years under Section 60.040 shall be accompanied by a certified
118	111		check, cashier's check, or bidder's bond with a responsible
119	112		corporate surety authorized to do business in Texas. The check or
120	113		bond shall be in an amount equal to five percent of the bid price for
121	114		the real property [land] or 100 percent of [for] the first rental
122	115		payment under the lease and shall guarantee that the bidder will
123	116		perform the terms of his bid if it is accepted by the district
124	117		[commission].
125	118		SECTION 10. Section 60.042(a), Water Code, is amended to
126	119		read as follows:
127	120		(a) After notice is published under Section 60.040 [of this
128	121		code], the district [commission] may sell or lease in accordance
129	122		with Section 60.040 all or any part of the real property [land] to
130	123		the highest and best bidder for an amount which is not less than the
131	124		reasonable market value in the locality at the time and place of the
132	125		sale or lease.
133	126		SECTION 11. Section 60.071, Water Code, is amended to read
134	127		as follows:
135	128		Sec. 60.071. GENERAL RULE-MAKING AUTHORITY. The commission
136	129		of a district which owns, operates, and maintains wharves, docks,
137	130		piers, sheds, warehouses, and other similar terminal facilities
138	131		which are not located inside the boundaries of any incorporated
139	132		city, town, or village may pass, amend, and repeal any ordinance,
140	133		rule, or police regulation which is not contrary to the
141	134		constitution or laws of this state and which is necessary to protect
142	135		the property and to promote the health, safety, and general welfare
143	136		of persons using the property or living or working near the
144	137		property.
145	138		SECTION 12. Section 60.124, Water Code, is amended to read
146	139		as follows:
147	140		Sec. 60.124. GIFTS, GRANTS, AND DONATIONS. A district may
148	141		accept a gift, grant, donation, or bequest of money, services,
149	142		equipment, goods, or other tangible or intangible property from any
150	143		source for any district purpose.
151	144		SECTION 13. Sections 60.404(b) and (d), Water Code, are
152	145		amended to read as follows:
153	146		(b) A notice of proposed purchase must be published once a
154	147		week for two consecutive weeks in a newspaper with general
155	148		circulation in each county in which the district [or port
156	149		authority] is located. [The first notice must be published not
157	150		later than the 14th day before the date the bids are to be opened.]
158	151		If there is no newspaper of general circulation in a county in which
159	152		the district [or port authority] is located, the notice shall be
160	153		published in a newspaper of general circulation in the county
161	154		nearest the county seat of the county in which the district is
162	155		located or the county in which the greatest amount of the district's
163	156		territory is located [for that county must be given by posting the
164	157		notice in a prominent place in the courthouse of that county for not
165	158		less than 14 days before the date the bids are to be opened].
166	159		(d) The specifications must:
167	160		(1) describe in detail the item to be acquired;
168	161		(2) require that bids be sealed;
169	162		(3) require the attachment to the bid of a certified
170	163		check, cashier's check, or bidders bond, if security is required in
171	164		connection with the bid; and
172	165		(4) indicate whether a small business development
173	166		program, local preference program, or other contracting program
174	167		adopted by the [port commission of the port authority or] district
175	168		applies to the purchase and, if so, where a copy of the program
176	169		requirements may be obtained.
177	170		SECTION 14. Section 60.405, Water Code, is amended to read
178	171		as follows:
179	172		Sec. 60.405. PROPOSAL PROCEDURES. (a) Items other than
180	173		construction services valued at more than the amount authorized by
181	174		Section 60.403(a) for routine purchases or contracts [Insurance or
182	175		high technology items] may be purchased under the procedure
183	176		provided by this section.
184	177		(b) Quotations shall be solicited by the district or its
185	178		broker through a request for proposals from as many sources as are
186	179		reasonably available. The request for proposals must specify the
187	180		relative importance of price and all other factors of evaluation.
188	181		(c) Public notice of the request for proposal must be made
189	182		in the same manner as provided by Section 60.404 [of this code].
190	183		(d) The award of the contract shall be made by the port
191	184		commission in open session to the responsible offerer whose
192	185		proposal is determined to provide the best value to the district [be
193	186		the lowest evaluated offer resulting from negotiation] giving
194	187		consideration to evaluation factors set forth in the request for
195	188		proposals.
196	189		(e) If so provided in the request for proposals, information
197	190		in proposals may not be disclosed to the public [competing
198	191		offerers] until the contract is awarded. After a contract is
199	192		awarded, proposals shall be open for public inspection, except that
200	193		information contained in a proposal identified as a trade secret or
201	194		as confidential shall be kept confidential.
202	195		(f) A district [port commission] may adopt rules relating to
203	196		negotiations to be conducted with responsible offerers submitting
204	197		proposals. Offerers must be accorded fair and equal treatment with
205	198		respect to any opportunity for negotiation and revision of
206	199		proposals. Revisions to proposal and contract terms may be
207	200		permitted after submission of a proposal and before award of the
208	201		contract.
209	202		SECTION 15. The heading to Section 60.407, Water Code, is
210	203		amended to read as follows:
211	204		Sec. 60.407. OPENING SEALED PROPOSALS AND BIDS.
212	205		SECTION 16. Section 60.407(a), Water Code, is amended to
213	206		read as follows:
214	207		(a) An official of the district [or port authority] shall
215	208		open the bids and competitive sealed proposals on the date
216	209		specified in the notice. If an error is discovered in the original
217	210		specifications or the nature of the item to be purchased requires an
218	211		extension, the date may be extended.
219	212		SECTION 17. Section 60.409(b), Water Code, is amended to
220	213		read as follows:
221	214		(b) If a district [or port authority] uses unit pricing in
222	215		its notice, the information furnished proposers or bidders shall
223	216		specify the approximate quantities estimated on the best available
224	217		information, or other quantities reasonably specified to permit
225	218		comparison of proposals or bids, and the total contract amount may
226		-	be based on estimated maximum quantities, but the compensation
227		-	~~paid~~ the bidder must be based on the actual quantities purchased.
	219	+	be based on estimated maximum quantities, but the compensation paid
	220	+	the bidder must be based on the actual quantities purchased.
228	221		SECTION 18. Section 60.458, Water Code, is amended to read
229	222		as follows:
230	223		Sec. 60.458. PURCHASE CONTRACT AWARD CRITERIA. Except as
231	224		provided by this subchapter, in determining to whom to award a
232	225		contract, the district may consider:
233	226		(1) the purchase price;
234	227		(2) the reputation of the vendor and of the vendor's
235	228		goods or services;
236	229		(3) the quality of the vendor's goods or services;
237	230		(4) the extent to which the goods or services meet the
238	231		district's needs;
239	232		(5) the vendor's past relationship with the district;
240	233		(6) the impact on the ability of the district to comply
241	234		with laws and rules relating to historically underutilized
242	235		businesses[,] and on the district's small business development
243	236		program, local preference program, or other [another] contracting
244	237		program adopted by the [approved by the] district, if any;
245	238		(7) the total long-term cost to the district to
246	239		acquire the vendor's goods or services; and
247	240		(8) any other relevant factor specifically listed in
248	241		the request for bids or proposals.
249	242		SECTION 19. Section 60.463, Water Code, is amended by
250	243		amending Subsections (d) and (e) and adding Subsection (d-1) to
251	244		read as follows:
252	245		(d) The district shall select a contractor through
253	246		competitive sealed proposals in either a one-step or two-step
254	247		process. The district shall prepare a request for competitive
255	248		sealed proposals, in the case of a one-step process, or a request
256	249		for qualifications, in the case of a two-step process, that
257	250		includes construction documents, selection criteria, project
258	251		scope, schedule, the time and place for receipt of proposals or
259	252		qualifications, as applicable, a statement as to whether the
260	253		selection process is a one-step or two-step process, and other
261	254		information that contractors may require to respond to the request.
262	255		The district shall state in the request for proposals or
263	256		qualifications, as applicable, the selection criteria that will be
264	257		used in selecting the successful offeror. If a one-step process is
265	258		used, the district may request, as part of the offeror's proposal,
266	259		proposed prices.
267	260		(d-1) If a two-step process is used, the district may not
268	261		request prices in step one. In step two, the district may request
269	262		that five or fewer offerors, selected solely on the basis of
270	263		qualifications, provide additional information, including proposed
271	264		prices.
272	265		(e) At each step, the [The] district shall receive, publicly
273	266		open, and read aloud the names of the offerors [and, if any lump-sum
274	267		prices are required to be stated, all such lump-sum prices stated in
275	268		each proposal]. At the appropriate step, the district shall read
276	269		aloud the prices, if any, stated in each proposal as the proposal is
277	270		opened. Not later than the 45th day after the date of opening the
278	271		proposals, the district shall evaluate and rank each proposal
279	272		submitted in relation to the published selection criteria.
280	273		SECTION 20. Section 61.164(b), Water Code, is amended to
281	274		read as follows:
282	275		(b) No franchise shall be granted for longer than 50 [30]
283	276		years nor shall a franchise be granted except on the affirmative
284	277		vote of a majority of the commissioners at three separate meetings
285	278		of the commission which meetings may not be closer together than one
286	279		week.
287	280		SECTION 21. Section 62.153, Water Code, is amended to read
288	281		as follows:
289	282		Sec. 62.153. DUTIES OF DISTRICT TREASURER. The district
290	283		treasurer shall:
291	284		(1) open an account for all funds received by him for
292	285		the district and all district funds which he pays out;
293	286		(2) pay out money on vouchers signed by the chairman of
294	287		the commission, any two members of the commission, or the
295	288		commissioners court, or any two of any number of persons delegated
296	289		by the commission with authority to sign vouchers, provided that
297	290		the commission may, in such delegation, limit the authority of such
298	291		persons and may require that each furnish a fidelity bond in such
299	292		amount as the commission shall specify and subject to commission
300	293		approval;
301	294		(3) carefully preserve all orders for the payment of
302	295		money; [and]
303	296		(4) render a correct account to the commissioners
304	297		court of all matters relating to the financial condition of the
305	298		district as often as required by the commissioners court; and
306	299		(5) not be required to sign a check drawn on a
307	300		depository selected under Section 62.156, unless the district
308	301		treasurer is the designated officer of the district, as defined by
309	302		Section 60.271(g).
310	303		SECTION 22. Section 63.178(b), Water Code, is amended to
311	304		read as follows:
312	305		(b) A franchise may be granted for a period of not more than
313	306		50 [30] years.
314	307		SECTION 23. This Act takes effect immediately if it
315	308		receives a vote of two-thirds of all the members elected to each
316	309		house, as provided by Section 39, Article III, Texas Constitution.
317	310		If this Act does not receive the vote necessary for immediate
318	311		effect, this Act takes effect September 1, 2015.
319		-	* * * * *