Texas 2019 - 86th Regular

Texas House Bill HB2565 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12956 SLB-F
2	2	By: Dominguez H.B. No. 2565
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration, powers, and duties of
8	8	self-liquidating navigation districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 63, Water Code, is amended
11	11	by adding Section 63.1045 to read as follows:
12	12	Sec. 63.1045. EXECUTIVE DIRECTOR. (a) The district may
13	13	employ an executive director of the district. If the district
14	14	employs an executive director, the district must prescribe the
15	15	duties and compensation of the executive director.
16	16	(b) The duties of an executive director may be performed by
17	17	a general manager, port director, or chief executive officer.
18	18	SECTION 2. Section 63.105, Water Code, is amended to read as
19	19	follows:
20	20	Sec. 63.105. ENGINEER. The district [commission] may
21	21	employ a competent engineer whose term of office and compensation
22	22	shall be determined by the district [commission].
23	23	SECTION 3. Section 63.107, Water Code, is amended to read as
24	24	follows:
25	25	Sec. 63.107. DISTRICT EMPLOYEES. (a) The district:
26	26	(1) [commission] may employ assistant engineers and
27	27	other persons as it considers necessary for the construction,
28	28	maintenance, operation, and development of the district and[,] its
29	29	business and facilities;[,] and
30	30	(2) shall determine their term of office and duties[,]
31	31	and fix their compensation.
32	32	(b) All employees may be removed by the district
33	33	[commission].
34	34	SECTION 4. Section 63.109, Water Code, is amended to read as
35	35	follows:
36	36	Sec. 63.109. PAYMENT OF COMPENSATION AND EXPENSES. The
37	37	district [commission] may draw warrants, issue checks, or use a
38	38	payment method adopted under Section 60.271 to pay for:
39	39	(1) [legal] services;
40	40	(2) [, for] the compensation [salaries] of [the
41	41	engineer, his assistant, or any other] employees; and
42	42	(3) [, and for] all expenses incident and relating to
43	43	the district.
44	44	SECTION 5. The heading to Section 63.175, Water Code, is
45	45	amended to read as follows:
46	46	Sec. 63.175. SUPERVISION OF WORK [BY ENGINEER].
47	47	SECTION 6. Section 63.175(a), Water Code, is amended to
48	48	read as follows:
49	49	(a) Unless done under the supervision of the United States,
50	50	all work contracted for by the district [commission] shall be done
51	51	under the supervision of a representative of the district
52	52	[engineer].
53	53	SECTION 7. Sections 63.176(a) and (b), Water Code, are
54	54	amended to read as follows:
55	55	(a) A representative of the district [The commission] shall
56	56	inspect the work being done during its progress, and on completion
57	57	of the contract, the district [commission] shall draw a warrant on
58	58	the district depository or issue a check in favor of the contractor
59	59	or the contractor's [his] assignee for the amount of the contract
60	60	price. The warrant or check shall be paid from the construction and
61	61	maintenance or operating fund.
62	62	(b) If the district [commission] considers it advisable, it
63	63	may contract to pay for the work in partial payments as the work
64	64	progresses. Partial[, but the partial] payments may not be more in
65	65	the aggregate than the amount allowed under applicable laws [90
66	66	percent of the contract price of the total amount of work done under
67	67	the contract]. The amount of the work shall be shown by a
68	68	certificate of a representative of the district [engineer].
69	69	SECTION 8. Subchapter D, Chapter 63, Water Code, is amended
70	70	by adding Section 63.184 to read as follows:
71	71	Sec. 63.184. DISPOSITION OF SALVAGE OR SURPLUS PROPERTY.
72	72	The commission may authorize the executive director or the
73	73	executive director's designee to sell, destroy, donate, or
74	74	otherwise dispose of the district's surplus or salvage personal
75	75	property by any method the executive director or the executive
76	76	director's designee determines is in the best interest of the
77	77	district.
78	78	SECTION 9. Section 63.175(b), Water Code, is repealed.
79	79	SECTION 10. This Act takes effect immediately if it
80	80	receives a vote of two-thirds of all the members elected to each
81	81	house, as provided by Section 39, Article III, Texas Constitution.
82	82	If this Act does not receive the vote necessary for immediate
83	83	effect, this Act takes effect September 1, 2019.