| 1 | 1 | | 86R13558 SLB-F |
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| 2 | 2 | | By: Perez H.B. No. 3949 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the administration of navigation districts. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 60.101(d), Water Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (d) A district may contract with a broker to sell or lease a |
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| 12 | 12 | | tract of land in the same manner as the commissioners court of a |
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| 13 | 13 | | county under Section 263.008, Local Government Code. |
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| 14 | 14 | | SECTION 2. Section 60.103, Water Code, is amended to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | Sec. 60.103. PRESCRIBING FEES AND CHARGES. (a) The district |
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| 17 | 17 | | [commission] shall prescribe fees and charges to be collected for |
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| 18 | 18 | | the use of the land, improvements, and facilities of the district |
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| 19 | 19 | | and for the use of any land, improvements, or facilities acquired |
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| 20 | 20 | | under the provisions of this subchapter. The fees and charges shall |
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| 21 | 21 | | be reasonable, equitable, and sufficient to produce revenue |
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| 22 | 22 | | necessary to exercise the powers described by Section 60.101 and |
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| 23 | 23 | | adequate to pay the expenses described by [mentioned in] Section |
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| 24 | 24 | | 60.105 [of this code]. |
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| 25 | 25 | | (b) A rule or schedule of rates, including a limitation of |
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| 26 | 26 | | liability for cargo loss or damage, that relates to receiving, |
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| 27 | 27 | | delivering, handling, or storing property at a district marine |
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| 28 | 28 | | terminal and is made available to the public by publication is |
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| 29 | 29 | | enforceable by an appropriate court as an implied contract without |
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| 30 | 30 | | proof of actual knowledge of its provisions. |
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| 31 | 31 | | SECTION 3. The heading to Section 60.405, Water Code, is |
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| 32 | 32 | | amended to read as follows: |
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| 33 | 33 | | Sec. 60.405. PROPOSAL PROCEDURES [COMPETITIVE SEALED |
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| 34 | 34 | | PROPOSALS]. |
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| 35 | 35 | | SECTION 4. Section 62.153, Water Code, as amended by |
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| 36 | 36 | | Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th |
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| 37 | 37 | | Legislature, Regular Session, 2017, is reenacted and amended to |
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| 38 | 38 | | read as follows: |
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| 39 | 39 | | Sec. 62.153. DUTIES OF DISTRICT TREASURER. (a) The |
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| 40 | 40 | | district treasurer shall: |
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| 41 | 41 | | (1) open an account for all funds received by the |
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| 42 | 42 | | district treasurer for the district and all district funds which |
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| 43 | 43 | | the treasurer pays out; |
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| 44 | 44 | | (2) pay out money on vouchers signed by the chairman of |
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| 45 | 45 | | the commission, any two members of the commission, or the |
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| 46 | 46 | | commissioners court, or any two of any number of persons delegated |
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| 47 | 47 | | by the commission with authority to sign vouchers, provided that |
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| 48 | 48 | | the commission may, in such delegation, limit the authority of such |
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| 49 | 49 | | persons and may require that each furnish a fidelity bond in such |
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| 50 | 50 | | amount as the commission shall specify and subject to commission |
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| 51 | 51 | | approval; |
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| 52 | 52 | | (3) carefully preserve all orders for the payment of |
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| 53 | 53 | | money; and |
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| 54 | 54 | | (4) render a correct account to the commissioners |
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| 55 | 55 | | court of all matters relating to the financial condition of the |
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| 56 | 56 | | district as often as required by the commissioners court. |
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| 57 | 57 | | (b) The district treasurer is not[; and |
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| 58 | 58 | | [(5) not be] required to sign a check drawn on a |
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| 59 | 59 | | depository selected under Section 62.156, unless the district |
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| 60 | 60 | | treasurer is the designated officer of the district, as defined by |
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| 61 | 61 | | Section 60.271(g). |
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| 62 | 62 | | (c) [(b)] A designated officer of a district may make a |
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| 63 | 63 | | payment on behalf of the district by a check drawn on a depository |
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| 64 | 64 | | selected under Section 62.155 in a manner consistent with the |
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| 65 | 65 | | payment procedures adopted under Section 60.271(f) without |
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| 66 | 66 | | authorization by the district treasurer. |
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| 67 | 67 | | SECTION 5. To the extent of any conflict, this Act prevails |
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| 68 | 68 | | over another Act of the 86th Legislature, Regular Session, 2019, |
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| 69 | 69 | | relating to nonsubstantive additions to and corrections in enacted |
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| 70 | 70 | | codes. |
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| 71 | 71 | | SECTION 6. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2019. |
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