Texas 2017 - 85th Regular

Texas House Bill HB1395 Compare Versions

Only one version of the bill is available at this time.

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1	1	85R6211 SLB-F
2	2	By: Perez H.B. No. 1395
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of navigation districts, port
8	8	authorities, and boards of trustees of municipal port facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 551.0415, Government
11	11	Code, is amended to read as follows:
12	12	Sec. 551.0415. BOARD OF TRUSTEES OR GOVERNING BODY OF
13	13	MUNICIPALITY, [OR] COUNTY, OR NAVIGATION DISTRICT: REPORTS ABOUT
14	14	ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE
15	15	TAKEN.
16	16	SECTION 2. Section 551.0415(a), Government Code, is amended
17	17	to read as follows:
18	18	(a) Notwithstanding Sections 551.041 and 551.042, a quorum
19	19	of the governing body of a municipality, [or] county, navigation
20	20	district, or board of trustees established under Chapter 54,
21	21	Transportation Code, may receive from staff of the political
22	22	subdivision and a member of the governing body may make a report
23	23	about items of community interest during a meeting of the governing
24	24	body without having given notice of the subject of the report as
25	25	required by this subchapter if no action is taken and, except as
26	26	provided by Section 551.042, possible action is not discussed
27	27	regarding the information provided in the report.
28	28	SECTION 3. Section 60.034, Water Code, is amended to read as
29	29	follows:
30	30	Sec. 60.034. OIL, GAS, AND MINERAL LEASES. Except for lands
31	31	or flats purchased from this state under Article 8225, Revised
32	32	Statutes, a district [The commission] may lease for oil, gas, and
33	33	minerals rights-of-way, spoil grounds, spoil basins, or any other
34	34	land owned by the [a navigation] district if it does not interfere
35	35	with use of or obstruct any natural or artificial waterway of the
36	36	district used for navigation purposes.
37	37	SECTION 4. The heading to Section 60.035, Water Code, is
38	38	amended to read as follows:
39	39	Sec. 60.035. NOTICE OF CERTAIN OIL, GAS, AND MINERAL LEASES
40	40	[LEASE].
41	41	SECTION 5. Section 60.035(a), Water Code, is amended to
42	42	read as follows:
43	43	(a) Before a district may enter into a lease [may be
44	44	executed by the commission] under Section 60.034 [of this code],
45	45	the district [commission] shall have a notice requesting bids on
46	46	the lease published in a newspaper of general circulation in the
47	47	district. The notice shall be published at least once a week for
48	48	two consecutive weeks before the final date for the receipt of bids.
49	49	Chapter 71, Natural Resources Code, does not apply to a lease made
50	50	under this section if the lease is made in accordance with this
51	51	section and Sections 60.036 and 60.037 of this code.
52	52	SECTION 6. Section 60.038, Water Code, is amended to read as
53	53	follows:
54	54	Sec. 60.038. DISPOSITION [SALE OR LEASE] OF INTERESTS IN
55	55	REAL PROPERTY [LAND]. (a) A district may sell, exchange, or lease
56	56	real property or any interest in real property [all or any part of
57	57	land] owned by it, whether the real property was [land is] acquired
58	58	by gift or purchase, in settlement of any litigation, controversy,
59	59	or claim in behalf of the district, or in any other manner, except
60	60	that lands or flats heretofore purchased from the State of Texas
61	61	under Article 8225, Revised [Civil] Statutes [of Texas, 1925], or
62	62	granted by the State of Texas in any general or special act, may be
63	63	sold only to the State of Texas or exchanged with the State of Texas
64	64	for other lands or exchanged for adjacent littoral land as
65	65	authorized by Section 61.117 of this code. Except for lands or
66	66	flats purchased from this state under Article 8225, Revised
67	67	Statutes, the district may impose restrictions on the development,
68	68	use, and transfer of any real property or interest in real property
69	69	in connection with its sale or exchange under this section.
70	70	(b) Before a district may sell or exchange real property
71	71	[land], the commission shall determine by resolution that the land
72	72	is no longer needed for use by the district in connection with the
73	73	development of a navigation project.
74	74	(c) A sale [Sale] or exchange [lease] of real property
75	75	[land] shall be made as provided by Sections 60.040-60.042
76	76	[60.039-60.042 of this code].
77	77	SECTION 7. Section 60.039, Water Code, is amended to read as
78	78	follows:
79	79	Sec. 60.039. CERTAIN SURFACE LEASES [LEASE]. (a) A
80	80	district [The commission] may lease, as lessor, the surface of
81	81	real property [land] for not more than 50 years by the entry of an
82	82	order on the minutes of the commission and the execution of a lease
83	83	in the manner provided by the original order. The lease may not be
84	84	extended beyond the 50-year period by renewal, extension, or
85	85	otherwise.
86	86	(b) The commission or the executive director of the
87	87	district, or a person authorized by the commission or the executive
88	88	director, may enter into a lease, as lessor, for the surface of real
89	89	property for not more than one year without [a monthly tenancy or a
90	90	tenancy from month to month. The lease term may only exceed one
91	91	year if]:
92	92	(1) entering [the commission enters] an order on the
93	93	minutes; or [and]
94	94	(2) executing [the execution of] the lease [is] in the
95	95	manner provided by the original order for the lease.
96	96	SECTION 8. Section 60.040, Water Code, is amended to read as
97	97	follows:
98	98	Sec. 60.040. PUBLICATION OF NOTICE FOR SALES AND LEASES IN
99	99	EXCESS OF 50 YEARS. Before making a sale of real property or lease
100	100	of real property [land] for more than 50 years, the district
101	101	[commission] shall publish a notice in the manner provided in
102	102	Section 60.035. Before publication of the notice, a district may
103	103	enter into negotiations with one or more potential buyers or
104	104	lessees without affecting the validity of the sale or lease.
105	105	SECTION 9. Section 60.041, Water Code, is amended to read as
106	106	follows:
107	107	Sec. 60.041. SECURITY FOR BIDS ON REAL PROPERTY [LAND] TO BE
108	108	SOLD OR LEASED FOR MORE THAN 50 YEARS. Each bid submitted on real
109	109	property [land] to be sold or leased for more than 50 years under
110	110	Section 60.040 shall be accompanied by a certified check, cashier's
111	111	check, or bidder's bond with a responsible corporate surety
112	112	authorized to do business in Texas. The check or bond shall be in
113	113	an amount equal to five percent of the bid price for the real
114	114	property [land] or 100 percent of [for] the first rental payment
115	115	under the lease and shall guarantee that the bidder will perform the
116	116	terms of the bid if it is accepted by the district [commission].
117	117	SECTION 10. Section 60.042(a), Water Code, is amended to
118	118	read as follows:
119	119	(a) After notice is published under Section 60.040 [of this
120	120	code], the district [commission] may sell or lease in accordance
121	121	with Section 60.040 all or any part of the real property [land] to
122	122	the highest and best bidder for an amount which is not less than the
123	123	reasonable market value in the locality at the time and place of the
124	124	sale or lease.
125	125	SECTION 11. Section 60.071, Water Code, is amended to read
126	126	as follows:
127	127	Sec. 60.071. GENERAL RULE-MAKING AUTHORITY. The commission
128	128	of a district which owns, operates, and maintains wharves, docks,
129	129	piers, sheds, warehouses, and other similar terminal facilities
130	130	which are not located inside the boundaries of any incorporated
131	131	city, town, or village may pass, amend, and repeal any ordinance,
132	132	rule, or police regulation which is not contrary to the
133	133	constitution or laws of this state and which is necessary to protect
134	134	the property and to promote the health, safety, and general welfare
135	135	of persons using the property or living or working near the
136	136	property.
137	137	SECTION 12. Section 60.124, Water Code, is amended to read
138	138	as follows:
139	139	Sec. 60.124. GIFTS, GRANTS, AND DONATIONS. A district may
140	140	accept a gift, grant, donation, or bequest of money, services,
141	141	equipment, goods, or other tangible or intangible property from any
142	142	source for any district purpose.
143	143	SECTION 13. Sections 60.404(b) and (d), Water Code, are
144	144	amended to read as follows:
145	145	(b) A notice of proposed purchase must be published once a
146	146	week for two consecutive weeks in a newspaper with general
147	147	circulation in each county in which the district [or port
148	148	authority] is located. [The first notice must be published not
149	149	later than the 14th day before the date the bids are to be opened.]
150	150	If there is no newspaper of general circulation in a county in which
151	151	the district [or port authority] is located, the notice shall be
152	152	published in a newspaper of general circulation in the county
153	153	nearest the county seat of the county in which the district is
154	154	located or the county in which the greatest amount of the district's
155	155	territory is located [for that county must be given by posting the
156	156	notice in a prominent place in the courthouse of that county for not
157	157	less than 14 days before the date the bids are to be opened].
158	158	(d) The specifications must:
159	159	(1) describe in detail the item to be acquired;
160	160	(2) require that bids be sealed;
161	161	(3) require the attachment to the bid of a certified
162	162	check, cashier's check, or bidders bond, if security is required in
163	163	connection with the bid; and
164	164	(4) indicate whether a small business development
165	165	program, local preference program, or other contracting program
166	166	adopted by the [port commission of the port authority or] district
167	167	applies to the purchase and, if so, where a copy of the program
168	168	requirements may be obtained.
169	169	SECTION 14. Section 60.405, Water Code, is amended to read
170	170	as follows:
171	171	Sec. 60.405. PROPOSAL PROCEDURES. (a) Items other than
172	172	construction services valued at more than the amount authorized by
173	173	Section 60.403(a) for routine purchases or contracts [Insurance or
174	174	high technology items] may be purchased under the procedure
175	175	provided by this section.
176	176	(b) Quotations shall be solicited by the district or its
177	177	broker through a request for proposals from as many sources as are
178	178	reasonably available. The request for proposals must specify the
179	179	relative importance of price and all other factors of evaluation.
180	180	(c) Public notice of the request for proposal must be made
181	181	in the same manner as provided by Section 60.404 [of this code].
182	182	(d) The award of the contract shall be made by the port
183	183	commission in open session to the responsible offerer whose
184	184	proposal is determined to provide the best value to the district [be
185	185	the lowest evaluated offer resulting from negotiation] giving
186	186	consideration to evaluation factors set forth in the request for
187	187	proposals.
188	188	(e) If so provided in the request for proposals, information
189	189	in proposals may not be disclosed to the public [competing
190	190	offerers] until the contract is awarded. After a contract is
191	191	awarded, proposals shall be open for public inspection, except that
192	192	information contained in a proposal identified as a trade secret or
193	193	as confidential shall be kept confidential.
194	194	(f) A district [port commission] may adopt rules relating to
195	195	negotiations to be conducted with responsible offerers submitting
196	196	proposals. Offerers must be accorded fair and equal treatment with
197	197	respect to any opportunity for negotiation and revision of
198	198	proposals. Revisions to proposal and contract terms may be
199	199	permitted after submission of a proposal and before award of the
200	200	contract.
201	201	SECTION 15. The heading to Section 60.407, Water Code, is
202	202	amended to read as follows:
203	203	Sec. 60.407. OPENING SEALED PROPOSALS AND BIDS.
204	204	SECTION 16. Section 60.407(a), Water Code, is amended to
205	205	read as follows:
206	206	(a) An official of the district [or port authority] shall
207	207	open the bids and competitive sealed proposals on the date
208	208	specified in the notice. If an error is discovered in the original
209	209	specifications or the nature of the item to be purchased requires an
210	210	extension, the date may be extended.
211	211	SECTION 17. Section 60.409(b), Water Code, is amended to
212	212	read as follows:
213	213	(b) If a district [or port authority] uses unit pricing in
214	214	its notice, the information furnished proposers or bidders shall
215	215	specify the approximate quantities estimated on the best available
216	216	information, or other quantities reasonably specified to permit
217	217	comparison of proposals or bids, and the total contract amount may
218	218	be based on estimated maximum quantities, but the compensation
219	219	paid the bidder must be based on the actual quantities purchased.
220	220	SECTION 18. Section 60.458, Water Code, is amended to read
221	221	as follows:
222	222	Sec. 60.458. PURCHASE CONTRACT AWARD CRITERIA. Except as
223	223	provided by this subchapter, in determining to whom to award a
224	224	contract, the district may consider:
225	225	(1) the purchase price;
226	226	(2) the reputation of the vendor and of the vendor's
227	227	goods or services;
228	228	(3) the quality of the vendor's goods or services;
229	229	(4) the extent to which the goods or services meet the
230	230	district's needs;
231	231	(5) the vendor's past relationship with the district;
232	232	(6) the impact on the ability of the district to comply
233	233	with laws and rules relating to historically underutilized
234	234	businesses[,] and on the district's small business development
235	235	program, local preference program, or other [another] contracting
236	236	program adopted by the [approved by the] district, if any;
237	237	(7) the total long-term cost to the district to
238	238	acquire the vendor's goods or services; and
239	239	(8) any other relevant factor specifically listed in
240	240	the request for bids or proposals.
241	241	SECTION 19. Section 60.463, Water Code, is amended by
242	242	amending Subsections (d) and (e) and adding Subsection (d-1) to
243	243	read as follows:
244	244	(d) The district shall select a contractor through
245	245	competitive sealed proposals in either a one-step or two-step
246	246	process. The district shall prepare a request for competitive
247	247	sealed proposals, in the case of a one-step process, or a request
248	248	for qualifications, in the case of a two-step process, that
249	249	includes construction documents, selection criteria, project
250	250	scope, schedule, the time and place for receipt of proposals or
251	251	qualifications, as applicable, a statement as to whether the
252	252	selection process is a one-step or two-step process, and other
253	253	information that contractors may require to respond to the request.
254	254	The district shall state in the request for proposals or
255	255	qualifications, as applicable, the selection criteria that will be
256	256	used in selecting the successful offeror. If a one-step process is
257	257	used, the district may request, as part of the offeror's proposal,
258	258	proposed prices.
259	259	(d-1) If a two-step process is used, the district may not
260	260	request prices in step one. In step two, the district may request
261	261	that five or fewer offerors, selected solely on the basis of
262	262	qualifications, provide additional information, including proposed
263	263	prices.
264	264	(e) At each step, the [The] district shall receive, publicly
265	265	open, and read aloud the names of the offerors [and, if any lump-sum
266	266	prices are required to be stated, all such lump-sum prices stated in
267	267	each proposal]. At the appropriate step, the district shall read
268	268	aloud the prices, if any, stated in each proposal as the proposal is
269	269	opened. Not later than the 45th day after the date of opening the
270	270	proposals, the district shall evaluate and rank each proposal
271	271	submitted in relation to the published selection criteria.
272	272	SECTION 20. Section 61.164(b), Water Code, is amended to
273	273	read as follows:
274	274	(b) No franchise shall be granted for longer than 50 [30]
275	275	years nor shall a franchise be granted except on the affirmative
276	276	vote of a majority of the commissioners at three separate meetings
277	277	of the commission which meetings may not be closer together than one
278	278	week.
279	279	SECTION 21. Section 62.153, Water Code, is amended to read
280	280	as follows:
281	281	Sec. 62.153. DUTIES OF DISTRICT TREASURER. The district
282	282	treasurer shall:
283	283	(1) open an account for all funds received by him for
284	284	the district and all district funds which he pays out;
285	285	(2) pay out money on vouchers signed by the chairman of
286	286	the commission, any two members of the commission, or the
287	287	commissioners court, or any two of any number of persons delegated
288	288	by the commission with authority to sign vouchers, provided that
289	289	the commission may, in such delegation, limit the authority of such
290	290	persons and may require that each furnish a fidelity bond in such
291	291	amount as the commission shall specify and subject to commission
292	292	approval;
293	293	(3) carefully preserve all orders for the payment of
294	294	money; [and]
295	295	(4) render a correct account to the commissioners
296	296	court of all matters relating to the financial condition of the
297	297	district as often as required by the commissioners court; and
298	298	(5) not be required to sign a check drawn on a
299	299	depository selected under Section 62.156, unless the district
300	300	treasurer is the designated officer of the district, as defined by
301	301	Section 60.271(g).
302	302	SECTION 22. Section 63.178(b), Water Code, is amended to
303	303	read as follows:
304	304	(b) A franchise may be granted for a period of not more than
305	305	50 [30] years.
306	306	SECTION 23. This Act takes effect immediately if it
307	307	receives a vote of two-thirds of all the members elected to each
308	308	house, as provided by Section 39, Article III, Texas Constitution.
309	309	If this Act does not receive the vote necessary for immediate
310	310	effect, this Act takes effect September 1, 2017.