S.B. No. 1361
AN ACT
relating to the powers and duties of the Sabine-Neches Navigation
District of Jefferson County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5, Chapter 1472, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 5. GENERAL POWERS. The district has all of the rights,
powers, privileges, authority, functions, and duties provided by
the general law of this state, including Chapters 49, 60, and 62,
Water Code, applicable to [navigation] districts created under
Section 59, Article XVI, Texas Constitution. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act except that a provision of general law
that is in conflict or inconsistent with this Act prevails to the
extent that the commission 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.
SECTION 2. Section 6A, Chapter 1472, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding Subsection
(a-1) to read as follows:
(a-1) The district may 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.
SECTION 3. Section 6B, Chapter 1472, Acts of the 77th
Legislature, Regular Session, 2001, is amended by amending
Subsection (f) and adding Subsections (i), (j), (k), (l), and (m) to
read as follows:
(f) The district may provide that payments required by any
of the district's contracts, agreements, or leases may be payable
from the sale of notes, taxes, or bonds, or any combination of
notes, taxes, or bonds, or may be secured by a lien on or a pledge of
any available funds, including proceeds of the district's
maintenance tax, and may be payable subject to annual appropriation
by the district. The district may pledge to impose and may impose a
maintenance tax in an amount sufficient to comply with the
district's obligations under the district's contracts, leases, and
agreements at a maximum aggregate rate not to exceed 10 cents for
each $100 valuation of taxable property in the district. Sections
26.04, 26.05, 26.07, and 26.012, Tax Code, do not apply to
maintenance taxes levied and collected for payments under a
contract, agreement, lease, time warrant, or maintenance note
issued or executed under this section.
(i) The district may:
(1) request a person designated by the district to
create a domestic entity under the Business Organizations Code; and
(2) approve:
(A) the provisions of the certificate of
formation;
(B) the provisions of the bylaws; and
(C) the initial members of the governing body of
the domestic entity.
(j) The provisions of the certificate of formation and the
bylaws under Subsection (i) may include provisions that:
(1) provide that the certificate and the bylaws may
not be amended without the consent of the district; and
(2) require the approval of the district of all
members of the governing body of the domestic entity.
(k) The domestic entity created under Subsection (i) does
not have the power of eminent domain.
(l) The domestic entity created under Subsection (i) is
created for the purpose of financing all or a portion of the
improvement project with funds from any private, public, or
governmental source, including the district.
(m) The district may enter into a contract with the domestic
entity to pay a portion of the amount to finance the improvement
project. The district may pledge the proceeds of the district's
maintenance tax to any contract with the domestic entity in the same
manner as provided by Subsection (f).
SECTION 4. (a) The legislature validates and confirms all
acts and proceedings of the board of directors of the Sabine-Neches
Navigation District of Jefferson County that were taken before the
effective date of this Act and all claims against the district which
are not pending on the effective date of this Act and which relate
to any approved acts or proceedings of the board of directors of the
district are barred by limitations.
(b) Subsection (a) of this section does not apply to any
matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(2) has been held invalid by a final judgment of a
court.
SECTION 5. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1361 passed the Senate on
April 12, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1361 passed the House on
May 19, 2017, by the following vote: Yeas 135, Nays 9, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor