Texas 2017 - 85th Regular

Texas Senate Bill SB1361 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton S.B. No. 1361
2		-	(Deshotel)
	1	+	S.B. No. 1361
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the powers and duties of the Sabine-Neches Navigation
8	6		District of Jefferson County.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 5, Chapter 1472, Acts of the 77th
11	9		Legislature, Regular Session, 2001, is amended to read as follows:
12	10		Sec. 5. GENERAL POWERS. The district has all of the rights,
13	11		powers, privileges, authority, functions, and duties provided by
14	12		the general law of this state, including Chapters 49, 60, and 62,
15	13		Water Code, applicable to [navigation] districts created under
16	14		Section 59, Article XVI, Texas Constitution. This Act prevails
17	15		over any provision of general law that is in conflict or
18	16		inconsistent with this Act except that a provision of general law
19	17		that is in conflict or inconsistent with this Act prevails to the
20	18		extent that the commission exercises a power under that general law
21	19		provision and that exercise is authorized by an order or resolution
22	20		expressly referring to that general law provision.
23	21		SECTION 2. Section 6A, Chapter 1472, Acts of the 77th
24	22		Legislature, Regular Session, 2001, is amended by adding Subsection
25	23		(a-1) to read as follows:
26	24		(a-1) The district may acquire, purchase, lease, maintain,
27	25		repair, and operate facilities and equipment for preventing,
28	26		detecting, controlling, and fighting fires on or adjacent to the
29	27		Sabine-Neches Waterway and for the protection of life and property
30	28		from damage by fire and explosion.
31	29		SECTION 3. Section 6B, Chapter 1472, Acts of the 77th
32	30		Legislature, Regular Session, 2001, is amended by amending
33	31		Subsection (f) and adding Subsections (i), (j), (k), (l), and (m) to
34	32		read as follows:
35	33		(f) The district may provide that payments required by any
36	34		of the district's contracts, agreements, or leases may be payable
37	35		from the sale of notes, taxes, or bonds, or any combination of
38	36		notes, taxes, or bonds, or may be secured by a lien on or a pledge of
39	37		any available funds, including proceeds of the district's
40	38		maintenance tax, and may be payable subject to annual appropriation
41	39		by the district. The district may pledge to impose and may impose a
42	40		maintenance tax in an amount sufficient to comply with the
43	41		district's obligations under the district's contracts, leases, and
44	42		agreements at a maximum aggregate rate not to exceed 10 cents for
45	43		each $100 valuation of taxable property in the district. Sections
46	44		26.04, 26.05, 26.07, and 26.012, Tax Code, do not apply to
47	45		maintenance taxes levied and collected for payments under a
48	46		contract, agreement, lease, time warrant, or maintenance note
49	47		issued or executed under this section.
50	48		(i) The district may:
51	49		(1) request a person designated by the district to
52	50		create a domestic entity under the Business Organizations Code; and
53	51		(2) approve:
54	52		(A) the provisions of the certificate of
55	53		formation;
56	54		(B) the provisions of the bylaws; and
57	55		(C) the initial members of the governing body of
58	56		the domestic entity.
59	57		(j) The provisions of the certificate of formation and the
60	58		bylaws under Subsection (i) may include provisions that:
61	59		(1) provide that the certificate and the bylaws may
62	60		not be amended without the consent of the district; and
63	61		(2) require the approval of the district of all
64	62		members of the governing body of the domestic entity.
65	63		(k) The domestic entity created under Subsection (i) does
66	64		not have the power of eminent domain.
67	65		(l) The domestic entity created under Subsection (i) is
68	66		created for the purpose of financing all or a portion of the
69	67		improvement project with funds from any private, public, or
70	68		governmental source, including the district.
71	69		(m) The district may enter into a contract with the domestic
72	70		entity to pay a portion of the amount to finance the improvement
73	71		project. The district may pledge the proceeds of the district's
74	72		maintenance tax to any contract with the domestic entity in the same
75	73		manner as provided by Subsection (f).
76	74		SECTION 4. (a) The legislature validates and confirms all
77	75		acts and proceedings of the board of directors of the Sabine-Neches
78	76		Navigation District of Jefferson County that were taken before the
79	77		effective date of this Act and all claims against the district which
80	78		are not pending on the effective date of this Act and which relate
81	79		to any approved acts or proceedings of the board of directors of the
82	80		district are barred by limitations.
83	81		(b) Subsection (a) of this section does not apply to any
84	82		matter that on the effective date of this Act:
85	83		(1) is involved in litigation if the litigation
86	84		ultimately results in the matter being held invalid by a final
87	85		judgment of a court; or
88	86		(2) has been held invalid by a final judgment of a
89	87		court.
90	88		SECTION 5. (a) The legal notice of the intention to
91	89		introduce this Act, setting forth the general substance of this
92	90		Act, has been published as provided by law, and the notice and a
93	91		copy of this Act have been furnished to all persons, agencies,
94	92		officials, or entities to which they are required to be furnished
95	93		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
96	94		Government Code.
97	95		(b) The governor, one of the required recipients, has
98	96		submitted the notice and Act to the Texas Commission on
99	97		Environmental Quality.
100	98		(c) The Texas Commission on Environmental Quality has filed
101	99		its recommendations relating to this Act with the governor, the
102	100		lieutenant governor, and the speaker of the house of
103	101		representatives within the required time.
104	102		(d) All requirements of the constitution and laws of this
105	103		state and the rules and procedures of the legislature with respect
106	104		to the notice, introduction, and passage of this Act are fulfilled
107	105		and accomplished.
108	106		SECTION 6. This Act takes effect immediately if it receives
109	107		a vote of two-thirds of all the members elected to each house, as
110	108		provided by Section 39, Article III, Texas Constitution. If this
111	109		Act does not receive the vote necessary for immediate effect, this
112	110		Act takes effect September 1, 2017.
	111	+	______________________________ ______________________________
	112	+	President of the Senate Speaker of the House
	113	+	I hereby certify that S.B. No. 1361 passed the Senate on
	114	+	April 12, 2017, by the following vote: Yeas 30, Nays 1.
	115	+	______________________________
	116	+	Secretary of the Senate
	117	+	I hereby certify that S.B. No. 1361 passed the House on
	118	+	May 19, 2017, by the following vote: Yeas 135, Nays 9, two
	119	+	present not voting.
	120	+	______________________________
	121	+	Chief Clerk of the House
	122	+	Approved:
	123	+	______________________________
	124	+	Date
	125	+	______________________________
	126	+	Governor