Texas 2019 - 86th Regular

Texas House Bill HB1928 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R27024~~ SLB-F
	1	+	86R9040 SLB-F
2	2		By: Herrero H.B. No. 1928
3		-	Substitute the following for H.B. No. 1928:
4		-	By: Bernal C.S.H.B. No. 1928
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the administration, powers, and duties of certain
10	8		navigation districts.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter C, Chapter 62, Water Code, is amended
13	11		by adding Section 62.0725 to read as follows:
14	12		Sec. 62.0725. EXECUTIVE DIRECTOR. (a) The commission may
15	13		employ an executive director of the district. If the commission
16	14		employs an executive director, the commission must prescribe the
17	15		duties and compensation of the executive director.
18	16		(b) By rule, order, or resolution, the commission may
19	17		delegate to an executive director the full authority necessary to
20	18		manage the affairs of the district subject only to orders of the
21	19		commission, including the authority to:
22	20		(1) employ persons necessary for the operation of the
23	21		district and to determine the compensation of those persons; or
24	22		(2) perform any act on behalf of the district, as
25	23		authorized by the commission.
26	24		(c) The duties of an executive director may be performed by
27	25		a general manager or chief executive officer.
28	26		SECTION 2. The heading to Section 62.077, Water Code, is
29	27		amended to read as follows:
30	28		Sec. 62.077. [ASSISTANT ENGINEERS AND EMPLOYEES;]
31	29		COUNSEL[; SALARIES AND FEES].
32	30		SECTION 3. Section 62.077(c), Water Code, is amended to
33	31		read as follows:
34	32		(c) The [amount of compensation for employees and] fees of
35	33		counsel shall be determined by the commission.
36	34		SECTION 4. Section 62.113, Water Code, is amended to read as
37	35		follows:
38	36		Sec. 62.113. FORM OF CONTRACTS. All contracts made by the
39	37		district [commission] shall be in writing and signed by the
40	38		contractors [and at least two of the commissioners], the executive
41	39		director of the district,[or] an authorized representative of the
42	40		executive director, or a person to whom the duties of executive
43	41		director have been delegated.
44	42		SECTION 5. The heading to Section 62.115, Water Code, is
45	43		amended to read as follows:
46	44		Sec. 62.115. SUPERVISION OF WORK[; REPORT].
47	45		SECTION 6. Section 62.115(a), Water Code, is amended to
48	46		read as follows:
49	47		(a) Unless done under the supervision of the United States,
50	48		all work contracted for by the district [commission] shall be done
51	49		under the supervision of a representative of the district
52	50		[engineer].
53	51		SECTION 7. Sections 62.116(a) and (b), Water Code, are
54	52		amended to read as follows:
55	53		(a) A representative of the district [The commission] shall
56	54		inspect the progress of work being done under a contract, and on
57	55		completion of the contract, the district's chief financial officer
58	56		[commission] shall draw a warrant on the county treasurer or issue a
59	57		check payable to the contractor or the contractor's [his] assignee
60	58		for the amount of the contract price. The warrant or check shall be
61	59		paid out of the construction and maintenance fund or the operating
62	60		fund of the district.
63	61		(b) If the district [commission] considers it advisable,
64	62		the district [it] may contract for work to be paid for in partial
65	63		payments as the work progresses. [The partial payments may not
66	64		exceed in the aggregate eighty percent of the total amount to be
67	65		paid under the contract.] The amount of work completed at the time
68	66		of the partial payment shall be shown by a certificate of a
69	67		representative of the district [engineer].
70		-	SECTION 8. Section 62.152, Water Code, is amended to read as
	68	+	SECTION 8. Section 62.122(a), Water Code, is amended to
	69	+	read as follows:
	70	+	(a) The [Except as provided by Subsection (b), the]
	71	+	commission may authorize the executive director to sell, destroy,
	72	+	donate, or otherwise dispose of the district's [periodically
	73	+	dispose of] surplus or salvage personal property by any method the
	74	+	executive director or the executive director's designee determines
	75	+	is in the best interest of the district [in the same manner as the
	76	+	commissioners court of a county under Subchapter D, Chapter 263,
	77	+	Local Government Code].
	78	+	SECTION 9. Section 62.152, Water Code, is amended to read as
71	79		follows:
72	80		Sec. 62.152. PAYMENT OF EXPENSES [WARRANTS]. The district
73	81		[commission] may draw warrants or issue checks:
74	82		(1) to pay for [legal] services;
75	83		(2) to pay the compensation [salary] of [the engineer,
76	84		his assistant, and any other] employees; and
77	85		(3) to pay all expenses incident to operation of the
78	86		district.
79		-	SECTION 9. Section 62.153, Water Code, as amended by
	87	+	SECTION 10. Section 62.153, Water Code, as amended by
80	88		Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th
81	89		Legislature, Regular Session, 2017, is reenacted and amended to
82	90		read as follows:
83		-	Sec. 62.153. DUTIES OF DISTRICT TREASURER~~; AUTHORITY OF~~
84		-	~~DESIGNATED OFFICER. (a) The~~ district treasurer shall:
	91	+	Sec. 62.153. DUTIES OF DISTRICT TREASURER. (a) The
	92	+	district treasurer shall:
85	93		(1) open an account for all funds received by the
86	94		district treasurer for the district and all district funds which
87	95		the treasurer pays out;
88	96		(2) pay out money on vouchers signed by the chairman of
89	97		the commission, any two members of the commission, or the
90	98		commissioners court, or any two of any number of persons delegated
91	99		by the commission with authority to sign vouchers, provided that
92	100		the commission may, in such delegation, limit the authority of such
93	101		persons and may require that each furnish a fidelity bond in such
94	102		amount as the commission shall specify and subject to commission
95	103		approval;
96	104		(3) carefully preserve all orders for the payment of
97	105		money; and
98	106		(4) render a correct account to the commissioners
99	107		court of all matters relating to the financial condition of the
100	108		district as often as required by the commissioners court.
101	109		(b) The district treasurer is not[; and
102	110		[(5) not be] required to sign a check drawn on a
103	111		depository selected under Section 62.156, unless the district
104	112		treasurer is the designated officer of the district, as defined by
105	113		Section 60.271(g).
106	114		(c) [(b)] A designated officer of a district may make a
107	115		payment on behalf of the district by a check drawn on a depository
108	116		selected under Section 62.155 in a manner consistent with the
109	117		payment procedures adopted under Section 60.271(f) without
110	118		authorization by the district treasurer.
111		-	SECTION 10. Subchapter C, Chapter 63, Water Code, is
112		-	amended by adding Section 63.1045 to read as follows:
113		-	Sec. 63.1045. EXECUTIVE DIRECTOR. (a) The district may
114		-	employ an executive director of the district. If the district
115		-	employs an executive director, the district must prescribe the
116		-	duties and compensation of the executive director.
117		-	(b) The duties of an executive director may be performed by
118		-	a general manager, port director, or chief executive officer.
119		-	SECTION 11. Section 63.105, Water Code, is amended to read
120		-	as follows:
121		-	Sec. 63.105. ENGINEER. The district [commission] may
122		-	employ a competent engineer whose term of office and compensation
123		-	shall be determined by the district [commission].
124		-	SECTION 12. Section 63.107, Water Code, is amended to read
125		-	as follows:
126		-	Sec. 63.107. DISTRICT EMPLOYEES. (a) The district:
127		-	(1) [commission] may employ assistant engineers and
128		-	other persons as it considers necessary for the construction,
129		-	maintenance, operation, and development of the district and[,] its
130		-	business and facilities;[,] and
131		-	(2) shall determine their term of office and duties[,]
132		-	and fix their compensation.
133		-	(b) All employees may be removed by the district
134		-	[commission].
135		-	SECTION 13. Section 63.109, Water Code, is amended to read
136		-	as follows:
137		-	Sec. 63.109. PAYMENT OF COMPENSATION AND EXPENSES. The
138		-	district [commission] may draw warrants, issue checks, or use a
139		-	payment method adopted under Section 60.271 to pay for:
140		-	(1) [legal] services;
141		-	(2) [, for] the compensation [salaries] of [the
142		-	engineer, his assistant, or any other] employees; and
143		-	(3) [, and for] all expenses incident and relating to
144		-	the district.
145		-	SECTION 14. The heading to Section 63.175, Water Code, is
146		-	amended to read as follows:
147		-	Sec. 63.175. SUPERVISION OF WORK [BY ENGINEER].
148		-	SECTION 15. Section 63.175(a), Water Code, is amended to
149		-	read as follows:
150		-	(a) Unless done under the supervision of the United States,
151		-	all work contracted for by the district [commission] shall be done
152		-	under the supervision of a representative of the district
153		-	[engineer].
154		-	SECTION 16. Sections 63.176(a) and (b), Water Code, are
155		-	amended to read as follows:
156		-	(a) A representative of the district [The commission] shall
157		-	inspect the work being done during its progress, and on completion
158		-	of the contract, the district [commission] shall draw a warrant on
159		-	the district depository or issue a check in favor of the contractor
160		-	or the contractor's [his] assignee for the amount of the contract
161		-	price. The warrant or check shall be paid from the construction and
162		-	maintenance or operating fund.
163		-	(b) If the district [commission] considers it advisable, it
164		-	may contract to pay for the work in partial payments as the work
165		-	progresses. Partial[, but the partial] payments may not be more in
166		-	the aggregate than the amount allowed under applicable laws [90
167		-	percent of the contract price of the total amount of work done under
168		-	the contract]. The amount of the work shall be shown by a
169		-	certificate of a representative of the district [engineer].
170		-	SECTION 17. The following provisions of the Water Code are
	119	+	SECTION 11. The following provisions of the Water Code are
171	120		repealed:
172	121		(1) Section 62.076;
173	122		(2) Section 62.077(a);
174	123		(3) Section 62.115(b); and
175		-	(4) Section 63.~~175~~(b).
176		-	SECTION 18. To the extent of any conflict, this Act controls
	124	+	(4) Section 62.122(b).
	125	+	SECTION 12. To the extent of any conflict, this Act controls
177	126		over another Act of the 86th Legislature, Regular Session, 2019,
178	127		relating to nonsubstantive additions to and corrections in enacted
179	128		codes.
180		-	SECTION 19. This Act takes effect immediately if it
	129	+	SECTION 13. This Act takes effect immediately if it
181	130		receives a vote of two-thirds of all the members elected to each
182	131		house, as provided by Section 39, Article III, Texas Constitution.
183	132		If this Act does not receive the vote necessary for immediate
184	133		effect, this Act takes effect September 1, 2019.