Texas 2019 - 86th Regular

Texas House Bill HB4666 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4666
	1	+	By: Deshotel (Senate Sponsor - Creighton) H.B. No. 4666
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Select Committee on
	4	+	Texas Ports; May 14, 2019, reported favorably by the following
	5	+	vote: Yeas 5, Nays 0; May 14, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the modernization of the law governing the Port of
6	12		Beaumont Navigation District of Jefferson County, Texas.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subtitle A, Title 5, Special District Local Laws
9	15		Code, is amended by adding Chapter 5010 to read as follows:
10	16		CHAPTER 5010. PORT OF BEAUMONT NAVIGATION DISTRICT OF JEFFERSON
11	17		COUNTY, TEXAS
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 5010.0101. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the board of port commissioners of
15	21		the district.
16	22		(2) "Commissioner" means a member of the board.
17	23		(3) "District" means the Port of Beaumont Navigation
18	24		District of Jefferson County, Texas.
19	25		Sec. 5010.0102. NATURE AND PURPOSE OF DISTRICT. (a) The
20	26		district is a port district.
21	27		(b) To the extent authorized by this chapter, the district
22	28		is created to:
23	29		(1) improve navigation in the district;
24	30		(2) maintain, develop, extend, and improve port,
25	31		wharf, dock, and intermodal facilities inside or outside the
26	32		district; and
27	33		(3) develop the Port of Beaumont in the district.
28	34		Sec. 5010.0103. LEGISLATIVE FINDINGS. The creation of the
29	35		district:
30	36		(1) is essential to:
31	37		(A) accomplish the purposes of Section 59,
32	38		Article XVI, Texas Constitution; and
33	39		(B) the general welfare of this state for the
34	40		development of maritime shipping to and from the state's ports;
35	41		(2) is in the interest of national defense, the Port of
36	42		Beaumont being strategically located on the Gulf Coast with an
37	43		inland-protected harbor and in a rapidly developing industrial area
38	44		where wharves, docks, and intermodal facilities are located; and
39	45		(3) will result in:
40	46		(A) material benefits and improvements to
41	47		district territory;
42	48		(B) the increase of the taxable value of property
43	49		in the district; and
44	50		(C) material benefit to that part of the state in
45	51		which the district is located.
46	52		Sec. 5010.0104. DISTRICT TERRITORY. The district is
47	53		composed of the territory in Jefferson and Orange Counties
48	54		described by Sections 1 and 1A, Chapter 147, Acts of the 51st
49	55		Legislature, Regular Session, 1949, as that territory may have been
50	56		modified under:
51	57		(1) Section 3 or 3a, Chapter 103, Acts of the 41st
52	58		Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's
53	59		Texas Civil Statutes), before August 30, 1971;
54	60		(2) Subchapter H, Chapter 62, Water Code; or
55	61		(3) other law.
56	62		Sec. 5010.0105. LIBERAL CONSTRUCTION OF CHAPTER. This
57	63		chapter shall be construed liberally to effect its purposes.
58	64		SUBCHAPTER B. DISTRICT ADMINISTRATION
59	65		Sec. 5010.0201. BOARD OF PORT COMMISSIONERS; TERM;
60	66		ELECTION. (a) The management and control of the district is vested
61	67		in a board composed of six elected commissioners.
62	68		(b) Commissioners serve staggered six-year terms, with the
63	69		terms of two commissioners expiring every two years.
64	70		(c) The district shall hold an election in the district on
65	71		the uniform election date in May of each odd-numbered year to elect
66	72		the appropriate number of commissioners.
67	73		(d) Notice of an election held under this section must be:
68	74		(1) signed by the board's presiding officer or
69	75		secretary; and
70	76		(2) posted in accordance with Section 4.003(b),
71	77		Election Code.
72	78		(e) The board shall declare the results of an election held
73	79		under this section.
74	80		Sec. 5010.0202. ELECTIONS; WARDS; QUALIFICATIONS. (a) Two
75	81		commissioners are elected by the voters of the district at large,
76	82		and each ward is represented on the board by a ward resident elected
77	83		as commissioner by the voters of the ward.
78	84		(b) The district is divided into four wards in accordance
79	85		with a redistricting plan consistent with the most recent decennial
80	86		census.
81	87		(c) The board may change the boundaries of the wards and may
82	88		designate the wards by reference to county commissioners court
83	89		precincts, except that:
84	90		(1) there must be four wards in the district at all
85	91		times;
86	92		(2) each ward must contain as nearly as possible the
87	93		same number of voters; and
88	94		(3) each ward must contain at least 20 percent of the
89	95		estimated population of the district.
90	96		(d) Each commissioner must:
91	97		(1) be a qualified voter of the district; and
92	98		(2) own taxable real property located in the district.
93	99		Sec. 5010.0203. PLACING CANDIDATE ON BALLOT. (a) An
94	100		application for a place on the ballot must be:
95	101		(1) filed with the secretary of the board or another
96	102		person designated by the board; and
97	103		(2) signed by:
98	104		(A) the candidate; or
99	105		(B) 10 or more qualified voters of the district.
100	106		(b) The filing period for an application for a place on the
101	107		ballot is the same as provided by Chapter 143, Election Code.
102	108		Sec. 5010.0204. COMMISSIONER'S OATH AND BOND. (a) Not
103	109		later than the 10th day after the date of the commissioner's
104	110		election, each commissioner shall:
105	111		(1) take and subscribe an oath of office with
106	112		conditions in the oath as provided by law for members of the
107	113		commissioners court of a county; and
108	114		(2) enter into a good and sufficient bond in the amount
109	115		of $1,000 payable to the district, conditioned on the faithful
110	116		performance of the commissioner's duties as a commissioner.
111	117		(b) The bond of a commissioner must be approved by the
112	118		board.
113	119		Sec. 5010.0205. COMPENSATION OF COMMISSIONERS; EXPENSES.
114	120		(a) Except as provided by Subsection (b), a commissioner shall
115	121		receive $500 per month for the commissioner's services.
116	122		(b) A commissioner serving as president of the board shall
117	123		receive $550 per month.
118	124		(c) A commissioner shall receive actual traveling expenses.
119	125		Sec. 5010.0206. VACANCIES. (a) Except as provided by
120	126		Subsection (b), if a vacancy occurs in the office of commissioner,
121	127		the board shall appoint a commissioner for the remainder of the
122	128		unexpired term.
123	129		(b) If the number of commissioners is reduced to three, the
124	130		remaining commissioners shall call a special election to fill the
125	131		vacancies.
126	132		Sec. 5010.0207. OFFICERS AND EMPLOYEES. (a) As soon as
127	133		practicable after each election of commissioners, the board shall
128	134		elect a president, vice president, and secretary and treasurer.
129	135		(b) The president and vice president must be members of the
130	136		board.
131	137		(c) The office of secretary and treasurer:
132	138		(1) is one office; and
133	139		(2) may be filled by a person who is not a member of the
134	140		board.
135	141		(d) If a vacancy occurs in an office, the board shall
136	142		appoint a replacement for the unexpired term.
137	143		(e) Officers serve until successor officers have qualified.
138	144		(f) The board may:
139	145		(1) employ an executive director for the district and
140	146		give the executive director full authority to manage and operate
141	147		the affairs of the district, including the authority to employ
142	148		officers, agents, and employees, prescribe their duties, and set
143	149		their compensation, subject only to the orders of the board; and
144	150		(2) employ and set the fees of counsel to represent the
145	151		district in the preparation of any contract, to conduct any
146	152		proceeding in or out of court, and to be the legal advisor of the
147	153		board on matters as agreed to by the board.
148	154		(g) The board shall:
149	155		(1) set the compensation of the secretary and
150	156		treasurer and the executive director; and
151	157		(2) set the terms of office of all officers of the
152	158		district, including the executive director.
153	159		(h) All officers and the executive director of the district,
154	160		other than the commissioners, hold office subject to the will of the
155	161		board.
156	162		Sec. 5010.0208. DELEGATION. The board may authorize the
157	163		executive director or another person to perform any act on behalf of
158	164		the board.
159	165		Sec. 5010.0209. SURETY BOND. (a) Each officer, agent, or
160	166		employee of the district who is charged with the collection,
161	167		custody, or payment of district money shall give bond conditioned
162	168		on:
163	169		(1) the faithful performance of the person's duties;
164	170		and
165	171		(2) an accounting of all money and property of the
166	172		district coming into the person's possession.
167	173		(b) The bond must be in a form and manner and with a surety
168	174		approved by the board, and the surety on the bond must be a surety
169	175		company authorized to do business in this state.
170	176		(c) The district shall pay the premium on the bond and
171	177		charge the premium as an operating expense.
172	178		Sec. 5010.0210. DISTRICT OFFICE. A regular office shall be
173	179		established and maintained for conducting district business
174	180		either:
175	181		(1) in the district; or
176	182		(2) at any place in the city of Beaumont.
177	183		Sec. 5010.0211. MEETINGS; QUORUM. (a) The board shall hold
178	184		regular meetings at least once each month on the day and time
179	185		designated by the board.
180	186		(b) The board shall hold special meetings:
181	187		(1) at the call of the board president; or
182	188		(2) on the request of three commissioners.
183	189		(c) Four commissioners constitute a quorum of the board.
184	190		Sec. 5010.0212. CONFLICT OF INTEREST; PENALTY. (a) A
185	191		commissioner, officer, agent, or employee of the district may not
186	192		be directly or indirectly interested in a contract for the purchase
187	193		of any property or construction of any work by or for the district.
188	194		(b) A person who violates this section is subject to the
189	195		penalties provided by law for state and county officers under
190	196		similar circumstances.
191	197		SUBCHAPTER C. POWERS AND DUTIES
192	198		Sec. 5010.0301. GENERAL AND NAVIGATION DISTRICT POWERS.
193	199		(a) The district has:
194	200		(1) the powers of government and the authority to
195	201		exercise the rights, privileges, and functions specified by this
196	202		chapter; and
197	203		(2) all powers, rights, privileges, and functions
198	204		conferred by general law on any district created under Section 59,
199	205		Article XVI, Texas Constitution, appropriate to the accomplishment
200	206		of the purposes of this chapter, except as expressly limited by this
201	207		chapter.
202	208		(b) To the extent not inconsistent or in conflict with this
203	209		chapter, the district and the board have all of the rights, powers,
204	210		privileges, and functions granted or conferred by the provisions of
205	211		the general laws applicable to navigation districts including those
206	212		granted or conferred by Chapters 60 and 62, Water Code.
207	213		Sec. 5010.0302. POWERS REGARDING WHARVES, DOCKS, AND OTHER
208	214		FACILITIES; RESTRICTION. (a) This section does not apply to
209	215		facilities or aids of a type or kind used or engaged in competition
210	216		with tugs, barges, salvage operations, or shipbuilding or ship
211	217		repair operations.
212	218		(b) The district may:
213	219		(1) acquire, take over, construct, maintain, repair,
214	220		operate, develop, and regulate wharves, docks, warehouses, grain
215	221		elevators, dumping facilities, belt railways, lands, intermodal,
216	222		and other facilities or aids consistent with or necessary to the
217	223		operation or development of ports or waterways in the district; and
218	224		(2) construct, extend, improve, repair, maintain, and
219	225		reconstruct, cause to be constructed, extended, improved,
220	226		repaired, maintained, and reconstructed, and own, use, and operate
221	227		any facility of any kind necessary or convenient to the exercise of
222	228		the powers, rights, privileges, and functions granted by this
223	229		chapter.
224	230		(c) The district may issue bonds for a purpose described by
225	231		Subsection (b)(1) or to acquire necessary or proper lands,
226	232		rights-of-way, dumping grounds, extensions or improvements of belt
227	233		railway lines, or construction or improvements of wharves, docks,
228	234		or other facilities or aids to navigation. The district may secure
229	235		the obligations by liens on properties acquired, constructed, or
230	236		improved and may pledge available revenue as additional security.
231	237		Sec. 5010.0303. POWERS REGARDING WHARFAGE, CHARGES, AND
232	238		RATES FOR DISTRICT FACILITIES. The district has the power to:
233	239		(1) regulate wharfage and charges for all facilities
234	240		of or pertaining to the Port of Beaumont and the waterways in the
235	241		district;
236	242		(2) assess and collect charges for the use of all
237	243		district facilities;
238	244		(3) approve a pilotage rate charge imposed under
239	245		Chapter 69, Transportation Code; and
240	246		(4) approve a charge, fee, or assessment imposed by a
241	247		navigation district other than the district within the territory of
242	248		the district.
243	249		Sec. 5010.0304. LIMITATION ON CERTAIN POWERS. This chapter
244	250		may not be construed as granting the district or the board any power
245	251		over the appointment, operations, or conduct of:
246	252		(1) a branch pilot appointed under Section 69.037,
247	253		Transportation Code; or
248	254		(2) the board of pilot commissioners described by
249	255		Section 69.011, Transportation Code.
250	256		Sec. 5010.0305. POWERS CONCURRENT WITH THOSE OF
251	257		SABINE-NECHES NAVIGATION DISTRICT OF JEFFERSON COUNTY, TEXAS.
252	258		Except as provided by Section 5010.0303, the district's powers are
253	259		concurrent with, but do not supersede or interfere with, the
254	260		jurisdiction and powers of the Sabine-Neches Navigation District of
255	261		Jefferson County, Texas, created under Section 59, Article XVI,
256	262		Texas Constitution, over the common territory of the two districts.
257	263		Sec. 5010.0306. BYLAWS AND RULES. The district may adopt
258	264		bylaws and rules for the management and regulation of the
259	265		district's affairs.
260	266		Sec. 5010.0307. ACQUISITION OF PROPERTY; EMINENT DOMAIN.
261	267		(a) In this section, "property" means property of any kind, except
262	268		that the term does not include a lighter, tug, barge, or other
263	269		floating equipment of any nature.
264	270		(b) If necessary or convenient to exercising a power, right,
265	271		privilege, or function conferred on the district by this chapter,
266	272		the district:
267	273		(1) by gift or purchase may acquire property or an
268	274		interest in property that is inside or outside the district
269	275		boundaries; or
270	276		(2) by exercising the power of eminent domain may
271	277		acquire property or an interest in property that is inside or
272	278		outside the district boundaries.
273	279		(c) The district must exercise the power of eminent domain
274	280		in the manner provided by Chapter 21, Property Code, except that the
275	281		district is not required to give bond for appeal or bond for costs
276	282		in any judicial proceeding.
277	283		(d) The district's authority under this section to exercise
278	284		the power of eminent domain expired on September 1, 2013, unless the
279	285		district submitted a letter to the comptroller in accordance with
280	286		Section 2206.101(b), Government Code, not later than December 31,
281	287		2012.
282	288		Sec. 5010.0308. MORTGAGE OR FORCED SALE OF CERTAIN DISTRICT
283	289		FACILITIES. The district may not mortgage or subject to forced sale
284	290		a facility in use by the district on March 7, 1957.
285	291		Sec. 5010.0309. GENERAL AUTHORITY TO MAKE CONTRACTS AND
286	292		EXECUTE INSTRUMENTS. The district may make a contract or execute an
287	293		instrument necessary or convenient to exercising a power, right,
288	294		privilege, or function conferred on the district by this chapter.
289	295		Sec. 5010.0310. AUTHORITY TO SUE AND BE SUED. The district
290	296		may sue and be sued in the district's corporate name.
291	297		Sec. 5010.0311. SEAL. The district may adopt and use a
292	298		corporate seal.
293	299		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
294	300		Sec. 5010.0401. DEPOSITORY; DEPOSIT AND USE OF DISTRICT
295	301		MONEY; REPORT. (a) The board shall select a depository or
296	302		depositories for the district in the manner provided by law for the
297	303		selection of a county depository.
298	304		(b) The board in selecting a depository shall act in the
299	305		same capacity and perform the same duties as the county judge and
300	306		the commissioners court in selecting a county depository.
301	307		(c) A depository selected by the board:
302	308		(1) has the powers and duties provided by law for a
303	309		county depository; and
304	310		(2) shall execute a depository bond, or pledge
305	311		collateral in lieu of or in addition to a surety company bond, as
306	312		provided by law for a county depository.
307	313		(d) After the depository or depositories have given bond or
308	314		bonds as provided by law and the bond or bonds have been approved by
309	315		the board, all district money shall be deposited in the depository
310	316		or depositories by the officers or agents of the district appointed
311	317		by the board to collect and deposit district money.
312	318		(e) District money shall be deposited in the appropriate
313	319		account and kept separate. The accounts of the district are the:
314	320		(1) interest and sinking fund account;
315	321		(2) construction account; and
316	322		(3) maintenance and operations account.
317	323		(f) Money in the interest and sinking fund account may be
318	324		used only to pay the interest on and principal of the appropriate
319	325		indebtedness.
320	326		(g) Each district depository shall prepare a report of all
321	327		money received and all money paid out by the depository at the end
322	328		of each month and shall file the report, along with vouchers and
323	329		records of the district, with the secretary and treasurer of the
324	330		board.
325	331		Sec. 5010.0402. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
326	332		PUBLIC INSPECTION. (a) The board shall keep complete and accurate
327	333		accounts conforming to approved governmental accounting standards.
328	334		(b) The accounts and all contracts, documents, and records:
329	335		(1) shall be kept at the district's principal office;
330	336		and
331	337		(2) are public information under Chapter 552,
332	338		Government Code.
333	339		Sec. 5010.0403. FILING COPIES OF AUDIT REPORT. Copies of
334	340		the audit report prepared under Subchapter G, Chapter 49, Water
335	341		Code, as required by Section 60.002, Water Code, shall be certified
336	342		to by the accountant who performed the audit and filed:
337	343		(1) as required by Section 49.194, Water Code; and
338	344		(2) with the county clerk of Jefferson County.
339	345		Sec. 5010.0404. PROCEDURE FOR DISTRIBUTION OF MONEY.
340	346		District money may be distributed by wire transfer or other
341	347		electronic means authorized by the board, or by check, voucher,
342	348		draft, order, or other written instrument signed by at least two
343	349		persons authorized by board resolution to sign the instrument.
344	350		Sec. 5010.0405. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS,
345	351		AND ISSUE ASSOCIATED BONDS. The district may:
346	352		(1) borrow money for the district's corporate purposes
347	353		consistent with the constitution and general laws of this state;
348	354		(2) borrow money or accept a grant from the United
349	355		States, this state, or an agency or subdivision created or
350	356		designated by the United States or this state and, in connection
351	357		with the loan or grant, enter into any agreement the United States,
352	358		this state, or an agency or subdivision may require; and
353	359		(3) make and issue bonds for money borrowed, in the
354	360		manner and to the extent provided by this chapter.
355	361		Sec. 5010.0406. AUTHORITY TO BORROW MONEY FOR CURRENT
356	362		EXPENSES; EVIDENCE OF OBLIGATION. (a) The district may:
357	363		(1) borrow money for current expenses; and
358	364		(2) evidence the borrowed money by warrants.
359	365		(b) The amount of the warrants may not exceed the
360	366		anticipated revenue.
361	367		Sec. 5010.0407. AD VALOREM TAX FOR MAINTENANCE AND
362	368		OPERATIONS. The district may impose an annual ad valorem tax at a
363	369		rate not to exceed 10 cents on each $100 valuation of taxable
364	370		property in the district for the maintenance, operation, and upkeep
365	371		of the district and the port facilities, properties, and
366	372		improvements constructed by the district.
367	373		Sec. 5010.0408. IMPOSITION OF DISTRICT TAX BY COMMISSIONERS
368	374		COURT. On request of the board, the Commissioners Court of
369	375		Jefferson County, Texas, shall impose taxes necessary to pay the
370	376		interest on the bonded debt and to create a sinking fund to retire
371	377		the principal of that debt.
372	378		Sec. 5010.0409. STATUTE OF LIMITATIONS INAPPLICABLE.
373	379		Collection of public charges of the district other than taxes is not
374	380		barred by the running of the limitations period.
375	381		SUBCHAPTER E. BONDS
376	382		Sec. 5010.0501. AUTHORITY TO ISSUE BONDS; ELECTION; TAXES
377	383		FOR BONDS. (a) The district may issue bonds when the board finds
378	384		that the bonds are necessary by an order entered of record in the
379	385		board's minutes. The district may issue bonds to obtain money for
380	386		any lawful purpose provided for in this chapter that the board
381	387		considers necessary.
382	388		(b) The board shall direct the district engineer to prepare
383	389		an estimate of the cost of necessary repairs, extensions, or
384	390		additional improvements, together with all expenses incident to
385	391		those repairs, extensions, or additional improvements, or the board
386	392		on the board's own motion may prepare such an estimate.
387	393		(c) The board shall order an election to be held to
388	394		determine whether district bonds shall be issued in an amount
389	395		sufficient to pay the costs and expenses contained in the estimate
390	396		prepared under Subsection (b). The election shall be held in
391	397		accordance with Chapter 1251, Government Code. The board shall
392	398		perform the duties and do all acts and things provided to be done by
393	399		the governing body of a municipality, as provided by that chapter.
394	400		The ballots at the election shall be printed as required by Chapter
395	401		1251, Government Code.
396	402		(d) If bonds have been voted, the board shall impose an
397	403		annual ad valorem tax on all taxable property in the district
398	404		sufficient to:
399	405		(1) pay the interest on the bonds;
400	406		(2) create a sinking fund to redeem and discharge the
401	407		bonds at maturity; and
402	408		(3) pay the expense of imposing the tax.
403	409		Sec. 5010.0502. FORM OF BONDS. All bonds issued under this
404	410		chapter must be:
405	411		(1) issued in the district's name;
406	412		(2) signed by the board president; and
407	413		(3) attested by the district secretary and treasurer.
408	414		Sec. 5010.0503. MATURITY. District bonds, including
409	415		refunding bonds, must mature not later than 40 years after the date
410	416		of issuance.
411	417		Sec. 5010.0504. REVENUE BONDS. (a) The district may pledge
412	418		all or part of the revenue derived from any source other than
413	419		taxation to the payment of revenue bonds issued by the district,
414	420		including:
415	421		(1) revenue derived from the operation of:
416	422		(A) existing facilities;
417	423		(B) facilities to be acquired wholly or partly
418	424		with the proceeds of the bonds; and
419	425		(C) other facilities to be acquired, regardless
420	426		of the source of financing;
421	427		(2) royalties and rentals from the lease of oil, gas,
422	428		or other mineral properties owned by the district; and
423	429		(3) revenue derived from property owned by the
424	430		district and leased to others.
425	431		(b) As considered necessary to ensure the marketability of
426	432		the obligations, a resolution or order authorizing the issuance of
427	433		revenue bonds may contain covenants with the holders of the
428	434		obligations as to:
429	435		(1) the development, management, and operation of the
430	436		district's improvements and facilities;
431	437		(2) the collection of fees and charges for the use of
432	438		the improvements and facilities;
433	439		(3) the disposition of the fees and charges;
434	440		(4) the issuance of future obligations and the
435	441		creation of future liens and encumbrances against the improvements
436	442		and facilities and the revenue of the improvements and facilities;
437	443		and
438	444		(5) other pertinent matters.
439	445		(c) Revenue bonds, if payable from a source other than
440	446		taxation, may be issued on a parity with other revenue bonds issued
441	447		under this chapter or other applicable law, and the revenue bonds
442	448		and parity revenue bonds may be payable from the same source.
443	449		Sec. 5010.0505. REFUNDING BONDS. (a) The board may issue
444	450		refunding bonds to refund like principal amounts of outstanding
445	451		bonds of the district.
446	452		(b) Refunding bonds shall be payable from the same source as
447	453		the bonds refunded except that bonds payable wholly or partly from
448	454		ad valorem taxes may be refunded into bonds payable solely from
449	455		district revenue other than ad valorem taxes, including revenue
450	456		derived from:
451	457		(1) the operation of a facility owned or used by the
452	458		district; or
453	459		(2) oil, gas, or other mineral properties or rights
454	460		owned by the district, including rentals.
455	461		(c) The district may combine into a single issue:
456	462		(1) refunding bonds payable solely from revenue other
457	463		than ad valorem taxes; and
458	464		(2) improvement bonds authorized under statutory
459	465		authority other than this section and similarly payable.
460	466		(d) Refunding bonds may be:
461	467		(1) delivered in exchange for a like amount of the
462	468		bonds to be refunded;
463	469		(2) sold, and the proceeds from the sale applied to the
464	470		payment of the bonds to be refunded; or
465	471		(3) exchanged in part and sold in part.
466	472		(e) If the bonds to be refunded have not matured or become
467	473		callable for redemption under the terms of the bonds, the proceeds
468	474		of the sale of the refunding bonds may be deposited with a paying
469	475		agent for the outstanding bonds. The paying agent shall apply the
470	476		proceeds to the payment of the outstanding bonds:
471	477		(1) at maturity or the first available redemption
472	478		date; or
473	479		(2) on earlier voluntary surrender by the bondholder.
474	480		(f) If refunding bond proceeds are deposited as provided by
475	481		Subsection (e):
476	482		(1) interest on the outstanding bonds to maturity or
477	483		the first available redemption date, together with any applicable
478	484		redemption premiums, shall be deposited with the proceeds; and
479	485		(2) the refunding bond proceeds may, at the direction
480	486		of the district, be invested by the paying agent in direct
481	487		obligations of the United States that mature not later than the date
482	488		on which the bonds to be refunded mature or the first available
483	489		redemption date of those bonds.
484	490		(g) The interest received on refunding bond proceeds
485	491		invested under Subsection (f)(2) shall be paid to the district to be
486	492		applied to the payment of the interest falling due on the refunding
487	493		bonds, and any surplus over the interest falling due may be used by
488	494		the district for the district's general purposes.
489	495		(h) Refunding bonds issued under this section shall be
490	496		authorized, secured, and issued in the manner provided by this
491	497		chapter or by pertinent general law for the issuance of other bonds
492	498		by the district.
493	499		SECTION 2. Section 1, Chapter 147, Acts of the 51st
494	500		Legislature, Regular Session, 1949, is amended to read as follows:
495	501		Section 1. [There is hereby created within the State of
496	502		Texas, in addition to the districts into which the State has
497	503		heretofore been divided, a port district to be known as the Port of
498	504		Beaumont Navigation District of Jefferson County, Texas, situated
499	505		in Jefferson County, Texas, with boundaries as hereinafter set out
500	506		(hereinafter called the district). Such district shall be and is
501	507		hereby declared to be a governmental agency and body politic and
502	508		corporate with the powers of government and with the authority to
503	509		exercise the rights, privileges and functions hereinafter
504	510		specified, and the creation of such district is hereby determined
505	511		to be essential to the accomplishment of the purposes of Section 59,
506	512		of Article 16, of the Constitution of the State of Texas, including
507	513		(to the extent hereinafter authorized) the improvement of
508	514		navigation and the maintenance, development, extension and
509	515		improvement of port facilities, wharf and dock facilities, and the
510	516		development of the port of Beaumont within the boundaries thereof
511	517		as hereby established, which is declared to be essential to the
512	518		general welfare of the State of Texas for the development of
513	519		maritime shipping to and from its ports, and in the interest of
514	520		national defense; the Port of Beaumont being strategically located
515	521		on the Gulf Coast with an inland-protected harbor and in a rapidly
516	522		developing industrial area wherein shipyards and ship-storing
517	523		basins are located, and the creation of said port district will
518	524		result in material benefits and improvements to the territory
519	525		included therein and in the increase of taxable values of property
520	526		included therein, and result in material benefit to that section of
521	527		the State in which same is located.]
522	528		The initial boundaries of the Port of Beaumont Navigation
523	529		District of [said district in] Jefferson County, Texas, are as
524	530		follows:
525	531		BEGINNING at a point in the thread of the Neches River where
526	532		it is intersected by the East line of the J. S. Johnston Survey
527	533		extended northward to the Neches River;
528	534		THENCE in a southerly direction along the East line of the
529	535		J. S. Johnston Survey to its intersection with the West line of the
530	536		Kansas City Southern Railroad Company's right-of-way between
531	537		Beaumont and Port Arthur;
532	538		THENCE Northwesterly along the Southwesterly right-of-way
533	539		line of the Kansas City Southern Railroad Company's right-of-way to
534	540		its intersection with the East line of the P. Humphries Survey;
535	541		THENCE South along the East line of the P. Humphries Survey
536	542		to the Northeast corner of T. & N. O. Ry. Co. Survey No. 1;
537	543		THENCE West along the North line of T. & N. O. Ry. Co. Survey
538	544		No. 1 to its Northwest corner;
539	545		THENCE South along the West line of T. & N. O. Ry. Co. Survey
540	546		No. 1 to the North line of the W. N. Sigler Survey;
541	547		THENCE West along the North line of the W. N. Sigler Survey to
542	548		the East line of the T. & N. O. Ry. Company's main line right-of-way
543	549		between Beaumont and Port Arthur;
544	550		THENCE Southeastward along the East line of T. & N. O. Ry.
545	551		Company's right-of-way to the center line of the old McFaddin
546	552		Canal;
547	553		THENCE Westward along the center line of the old McFaddin
548	554		Canal to John's Gully;
549	555		THENCE down the meanders of John's Gully Southward through
550	556		the E. D. Chenneth Survey and the William Murphy Survey, to the
551	557		South bank of Hillebrandt Bayou;
552	558		THENCE Westward and Northwestward along the meanders of the
553	559		West bank of Hillebrandt Bayou to the South bank of Bayou Din;
554	560		THENCE Northward, Westward, and Southwestward, along the
555	561		Southerly bank of Bayou Din to point where the West line of the S.
556	562		Corzine Survey, when extended through the M. Pivoto Survey,
557	563		intersects the Southerly bank of Bayou Din;
558	564		THENCE Northward through the M. Pivoto Survey along the
559	565		extended West line of the S. Corzine Survey, and continuing
560	566		Northward along the West line of the S. Corzine Survey, to the South
561	567		line of the S. Stivers League;
562	568		THENCE West along the South line of the S. Stivers League to
563	569		its Southwest corner;
564	570		THENCE Northward along the West line of the S. Stivers League
565	571		to the dividing line between H. T. & B. Rr. Co. Surveys Nos. 14 and
566	572		15;
567	573		THENCE West along the South line of H. T. & B. Rr. Co. Surveys
568	574		Nos. 14, 13 and 12, to the intersection of the West line of the A.
569	575		Savery Survey, extended Southward;
570	576		THENCE North along the extended West line of A. Savery
571	577		Survey, through N. T. & B. Rr. Co. Surveys Nos. 12 and 3, and
572	578		continuing Northward along the West line of the A. Savery Survey and
573	579		the A. Houston Survey, and still continuing along this line
574	580		extended Northward, through the E. Rains, and the S. Morris and the
575	581		Josiah Dyches Surveys, to the intersection of the thread of Pine
576	582		Island Bayou;
577	583		THENCE Eastward and Southeastward down the meanders of the
578	584		Thread of Pine Island Bayou and the Neches River, to the place of
579	585		beginning.
580	586		SECTION 3. Sections 1B, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
581	587		13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
582	588		and 30, Chapter 147, Acts of the 51st Legislature, Regular Session,
583	589		1949, are repealed.
584	590		SECTION 4. (a) The legal notice of the intention to
585	591		introduce this Act, setting forth the general substance of this
586	592		Act, has been published as provided by law, and the notice and a
587	593		copy of this Act have been furnished to all persons, agencies,
588	594		officials, or entities to which they are required to be furnished
589	595		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
590	596		Government Code.
591	597		(b) The governor, one of the required recipients, has
592	598		submitted the notice and Act to the Texas Commission on
593	599		Environmental Quality.
594	600		(c) The Texas Commission on Environmental Quality has filed
595	601		its recommendations relating to this Act with the governor, the
596	602		lieutenant governor, and the speaker of the house of
597	603		representatives within the required time.
598	604		(d) All requirements of the constitution and laws of this
599	605		state and the rules and procedures of the legislature with respect
600	606		to the notice, introduction, and passage of this Act are fulfilled
601	607		and accomplished.
602	608		SECTION 5. This Act takes effect September 1, 2019.
603		-	______________________________ ______________________________
604		-	President of the Senate Speaker of the House
605		-	I certify that H.B. No. 4666 was passed by the House on May 3,
606		-	2019, by the following vote: Yeas 139, Nays 1, 2 present, not
607		-	voting.
608		-	______________________________
609		-	Chief Clerk of the House
610		-	I certify that H.B. No. 4666 was passed by the Senate on May
611		-	21, 2019, by the following vote: Yeas 30, Nays 1.
612		-	______________________________
613		-	Secretary of the Senate
614		-	APPROVED: _____________________
615		-	Date
616		-	_____________________
617		-	Governor
	609	+	* * * * *