BILL ANALYSIS S.B. 1361 By: Creighton Natural Resources Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties note that legislation is needed to provide clarity on the authority of the Sabine‑Neches Navigation District of Jefferson County with regard to a certain federally authorized waterway improvement project. S.B. 1361 seeks to address this issue by revising the district's enabling legislation. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 1361 amends Chapter 1472, Acts of the 77th Legislature, Regular Session, 2001, to establish that a provision of general law that is in conflict or inconsistent with law relating specifically to the Sabine-Neches Navigation District of Jefferson County prevails to the extent that the navigation and canal commission of the district exercises a power under that general law provision and that exercise is authorized by an order or resolution expressly referring to that general law provision. The bill authorizes the district to acquire, purchase, lease, maintain, repair, and operate facilities and equipment for preventing, detecting, controlling, and fighting fires on or adjacent to the Sabine-Neches Waterway and for the protection of life and property from damage by fire and explosion. The bill authorizes the district to impose a maintenance tax, subject to certain requirements. The bill authorizes the district to request a person designated by the district to create a domestic entity under the Business Organizations Code for the purpose of financing all or a portion of the improvement project with funds from any private, public, or governmental source and sets out provisions relating to this entity. The bill provides for the validation and confirmation of certain district actions and proceedings taken before the bill's effective date and establishes that all claims against the district which are not pending on the bill's effective date and which relate to any approved acts or proceedings of the board of directors of the district are barred by limitations. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 1361
By: Creighton
Natural Resources
Committee Report (Unamended)
S.B. 1361
By: Creighton
Natural Resources
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties note that legislation is needed to provide clarity on the authority of the Sabine‑Neches Navigation District of Jefferson County with regard to a certain federally authorized waterway improvement project. S.B. 1361 seeks to address this issue by revising the district's enabling legislation.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 1361 amends Chapter 1472, Acts of the 77th Legislature, Regular Session, 2001, to establish that a provision of general law that is in conflict or inconsistent with law relating specifically to the Sabine-Neches Navigation District of Jefferson County prevails to the extent that the navigation and canal commission of the district exercises a power under that general law provision and that exercise is authorized by an order or resolution expressly referring to that general law provision. The bill authorizes the district to acquire, purchase, lease, maintain, repair, and operate facilities and equipment for preventing, detecting, controlling, and fighting fires on or adjacent to the Sabine-Neches Waterway and for the protection of life and property from damage by fire and explosion. The bill authorizes the district to impose a maintenance tax, subject to certain requirements. The bill authorizes the district to request a person designated by the district to create a domestic entity under the Business Organizations Code for the purpose of financing all or a portion of the improvement project with funds from any private, public, or governmental source and sets out provisions relating to this entity. The bill provides for the validation and confirmation of certain district actions and proceedings taken before the bill's effective date and establishes that all claims against the district which are not pending on the bill's effective date and which relate to any approved acts or proceedings of the board of directors of the district are barred by limitations.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties note that legislation is needed to provide clarity on the authority of the Sabine‑Neches Navigation District of Jefferson County with regard to a certain federally authorized waterway improvement project. S.B. 1361 seeks to address this issue by revising the district's enabling legislation.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 1361 amends Chapter 1472, Acts of the 77th Legislature, Regular Session, 2001, to establish that a provision of general law that is in conflict or inconsistent with law relating specifically to the Sabine-Neches Navigation District of Jefferson County prevails to the extent that the navigation and canal commission of the district exercises a power under that general law provision and that exercise is authorized by an order or resolution expressly referring to that general law provision. The bill authorizes the district to acquire, purchase, lease, maintain, repair, and operate facilities and equipment for preventing, detecting, controlling, and fighting fires on or adjacent to the Sabine-Neches Waterway and for the protection of life and property from damage by fire and explosion. The bill authorizes the district to impose a maintenance tax, subject to certain requirements. The bill authorizes the district to request a person designated by the district to create a domestic entity under the Business Organizations Code for the purpose of financing all or a portion of the improvement project with funds from any private, public, or governmental source and sets out provisions relating to this entity. The bill provides for the validation and confirmation of certain district actions and proceedings taken before the bill's effective date and establishes that all claims against the district which are not pending on the bill's effective date and which relate to any approved acts or proceedings of the board of directors of the district are barred by limitations.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2017.