86R13558 SLB-F
By: Perez H.B. No. 3949
A BILL TO BE ENTITLED
AN ACT
relating to the administration of navigation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 60.101(d), Water Code, is amended to
read as follows:
(d) A district may contract with a broker to sell or lease a
tract of land in the same manner as the commissioners court of a
county under Section 263.008, Local Government Code.
SECTION 2. Section 60.103, Water Code, is amended to read as
follows:
Sec. 60.103. PRESCRIBING FEES AND CHARGES. (a) The district
[commission] shall prescribe fees and charges to be collected for
the use of the land, improvements, and facilities of the district
and for the use of any land, improvements, or facilities acquired
under the provisions of this subchapter. The fees and charges shall
be reasonable, equitable, and sufficient to produce revenue
necessary to exercise the powers described by Section 60.101 and
adequate to pay the expenses described by [mentioned in] Section
60.105 [of this code].
(b) A rule or schedule of rates, including a limitation of
liability for cargo loss or damage, that relates to receiving,
delivering, handling, or storing property at a district marine
terminal and is made available to the public by publication is
enforceable by an appropriate court as an implied contract without
proof of actual knowledge of its provisions.
SECTION 3. The heading to Section 60.405, Water Code, is
amended to read as follows:
Sec. 60.405. PROPOSAL PROCEDURES [COMPETITIVE SEALED
PROPOSALS].
SECTION 4. Section 62.153, Water Code, as amended by
Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted and amended to
read as follows:
Sec. 62.153. DUTIES OF DISTRICT TREASURER. (a) The
district treasurer shall:
(1) open an account for all funds received by the
district treasurer for the district and all district funds which
the treasurer pays out;
(2) pay out money on vouchers signed by the chairman of
the commission, any two members of the commission, or the
commissioners court, or any two of any number of persons delegated
by the commission with authority to sign vouchers, provided that
the commission may, in such delegation, limit the authority of such
persons and may require that each furnish a fidelity bond in such
amount as the commission shall specify and subject to commission
approval;
(3) carefully preserve all orders for the payment of
money; and
(4) render a correct account to the commissioners
court of all matters relating to the financial condition of the
district as often as required by the commissioners court.
(b) The district treasurer is not[; and
[(5) not be] required to sign a check drawn on a
depository selected under Section 62.156, unless the district
treasurer is the designated officer of the district, as defined by
Section 60.271(g).
(c) [(b)] A designated officer of a district may make a
payment on behalf of the district by a check drawn on a depository
selected under Section 62.155 in a manner consistent with the
payment procedures adopted under Section 60.271(f) without
authorization by the district treasurer.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
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, 2019.