Texas 2017 - 85th Regular

Texas House Bill HB2952 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R24325 AAF-F
2	2	By: Deshotel H.B. No. 2952
3	3	Substitute the following for H.B. No. 2952:
4	4	By: Frank C.S.H.B. No. 2952
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers and duties of the Sabine-Neches Navigation
10	10	District of Jefferson County; providing clarification of existing
11	11	authority with regard to the imposition of maintenance taxes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 5, Chapter 1472, Acts of the 77th
14	14	Legislature, Regular Session, 2001, is amended to read as follows:
15	15	Sec. 5. GENERAL POWERS. The district has all of the rights,
16	16	powers, privileges, authority, functions, and duties provided by
17	17	the general law of this state, including Chapters 49, 60, and 62,
18	18	Water Code, applicable to navigation districts created under
19	19	Section 59, Article XVI, Texas Constitution. This Act prevails
20	20	over any provision of general law that is in conflict or
21	21	inconsistent with this Act except that a provision of general law
22	22	that is in conflict or inconsistent with this Act prevails to the
23	23	extent that the commission exercises a power under that general law
24	24	provision and that exercise is authorized by an order or resolution
25	25	expressly referring to that general law provision.
26	26	SECTION 2. Section 6A, Chapter 1472, Acts of the 77th
27	27	Legislature, Regular Session, 2001, is amended by adding Subsection
28	28	(a-1) to read as follows:
29	29	(a-1) The district may acquire, purchase, lease, maintain,
30	30	repair, and operate facilities and equipment for preventing,
31	31	detecting, controlling, and fighting fires on or adjacent to the
32	32	Sabine-Neches Waterway and for the protection of life and property
33	33	from damage by fire and explosion.
34	34	SECTION 3. Section 6B, Chapter 1472, Acts of the 77th
35	35	Legislature, Regular Session, 2001, is amended by amending
36	36	Subsection (f) and adding Subsections (i), (j), (k), (l), and (m) to
37	37	read as follows:
38	38	(f) The district may provide that payments required by any
39	39	of the district's contracts, agreements, or leases may be payable
40	40	from the sale of notes, taxes, or bonds, or any combination of
41	41	notes, taxes, or bonds, or may be secured by a lien on or a pledge of
42	42	any available funds, including proceeds of the district's
43	43	maintenance tax, and may be payable subject to annual appropriation
44	44	by the district. The district may pledge to impose and may impose a
45	45	maintenance tax in an amount sufficient to comply with the
46	46	district's obligations under the district's contracts, leases, and
47	47	agreements at a maximum aggregate rate not to exceed 10 cents for
48	48	each $100 valuation of taxable property in the district. Sections
49	49	26.04, 26.05, 26.07, and 26.012, Tax Code, do not apply to
50	50	maintenance taxes levied and collected for payments under a
51	51	contract, agreement, lease, time warrant, or maintenance note
52	52	issued or executed under this section.
53	53	(i) The district may:
54	54	(1) request a person designated by the district to
55	55	create a domestic entity under the Business Organizations Code; and
56	56	(2) approve:
57	57	(A) the provisions of the certificate of
58	58	formation;
59	59	(B) the provisions of the bylaws; and
60	60	(C) the initial members of the governing body of
61	61	the domestic entity.
62	62	(j) The provisions of the certificate of formation and the
63	63	bylaws under Subsection (i) may include provisions that:
64	64	(1) provide that the certificate and the bylaws may
65	65	not be amended without the consent of the district; and
66	66	(2) require the approval of the district of all
67	67	members of the governing body of the domestic entity.
68	68	(k) The domestic entity created under Subsection (i) does
69	69	not have the power of eminent domain.
70	70	(l) The domestic entity created under Subsection (i) is
71	71	created for the purpose of financing all or a portion of the
72	72	improvement project with funds from any private, public, or
73	73	governmental source, including the district.
74	74	(m) The district may enter into a contract with the domestic
75	75	entity to pay a portion of the amount to finance the improvement
76	76	project. The district may pledge the proceeds of the district's
77	77	maintenance tax to any contract with the domestic entity in the same
78	78	manner as provided by Subsection (f).
79	79	SECTION 4. (a) The legislature validates and confirms all
80	80	acts and proceedings of the board of directors of the Sabine-Neches
81	81	Navigation District of Jefferson County that were taken before the
82	82	effective date of this Act.
83	83	(b) Subsection (a) of this section does not apply to any
84	84	matter that on the effective date of this Act:
85	85	(1) is involved in litigation if the litigation
86	86	ultimately results in the matter being held invalid by a final
87	87	judgment of a court; or
88	88	(2) has been held invalid by a final judgment of a
89	89	court.
90	90	SECTION 5. (a) The legal notice of the intention to
91	91	introduce this Act, setting forth the general substance of this
92	92	Act, has been published as provided by law, and the notice and a
93	93	copy of this Act have been furnished to all persons, agencies,
94	94	officials, or entities to which they are required to be furnished
95	95	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
96	96	Government Code.
97	97	(b) The governor, one of the required recipients, has
98	98	submitted the notice and Act to the Texas Commission on
99	99	Environmental Quality.
100	100	(c) The Texas Commission on Environmental Quality has filed
101	101	its recommendations relating to this Act with the governor, the
102	102	lieutenant governor, and the speaker of the house of
103	103	representatives within the required time.
104	104	(d) All requirements of the constitution and laws of this
105	105	state and the rules and procedures of the legislature with respect
106	106	to the notice, introduction, and passage of this Act are fulfilled
107	107	and accomplished.
108	108	SECTION 6. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2017.