4 | 11 | | AN ACT |
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5 | 12 | | relating to the administration of the Port of Port Arthur |
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6 | 13 | | Navigation District of Jefferson County, including the authority to |
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7 | 14 | | impose taxes. |
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8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 16 | | SECTION 1. Section 11, Chapter 197, Acts of the 58th |
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10 | 17 | | Legislature, Regular Session, 1963, is amended to read as follows: |
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11 | 18 | | Sec. 11. Each commissioner shall receive for performing |
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12 | 19 | | duties as a commissioner compensation and benefits set by the Board |
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13 | 20 | | of Port Commissioners plus actual traveling expenses. The Board of |
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14 | 21 | | Port Commissioners shall set the compensation and benefits of the |
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15 | 22 | | secretary, general manager, attorneys, engineers, and all other |
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16 | 23 | | employees, and said board shall set and determine the term and time |
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17 | 24 | | of employment of all officers and employees of the district; |
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18 | 25 | | provided that all officers and employees of the district, except |
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19 | 26 | | the commissioners themselves, shall hold their offices subject to |
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20 | 27 | | the will of the Board of Port Commissioners. |
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21 | 28 | | SECTION 2. Section 23, Chapter 197, Acts of the 58th |
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22 | 29 | | Legislature, Regular Session, 1963, is amended to read as follows: |
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23 | 30 | | Sec. 23. The [Commissioners Court of Jefferson County, |
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24 | 31 | | Texas, shall, upon requisition of the] Board of Port Commissioners |
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25 | 32 | | shall impose[, levy] taxes necessary to pay the interest on the |
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26 | 33 | | bonded debt and to create a sinking fund to retire the principal |
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27 | 34 | | thereof, as well as a maintenance tax for said district within the |
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28 | 35 | | limitations prescribed by this Act. In all matters pertaining to |
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29 | 36 | | the imposition [levying and assessing] of taxes[, the equalization |
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30 | 37 | | thereof, and the collection of same,] and the duties of all officers |
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31 | 38 | | in connection therewith, the laws of the State of Texas for the |
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32 | 39 | | imposition [assessing, levying and collecting] of [state and |
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33 | 40 | | county] taxes shall apply, and such duties shall be done and |
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34 | 41 | | performed by the officers charged with imposing [the collection of |
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35 | 42 | | state and county] taxes. Said taxes shall be deposited with the |
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36 | 43 | | depository or depositories of said district at the times and in the |
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37 | 44 | | manner provided by law for depositing county taxes in the county |
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38 | 45 | | depository, and such officers shall furnish such bonds and receive |
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39 | 46 | | such compensation for their services as is now being paid for like |
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40 | 47 | | services, and said district shall have a lien upon all property |
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41 | 48 | | against which taxes may be levied and assessed, enforceable under |
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42 | 49 | | the same law and in the same manner as a lien securing state and |
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43 | 50 | | county taxes. Limitation shall not run against the district as a |
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44 | 51 | | bar to the collection of any taxes or other public charges of the |
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45 | 52 | | district. |
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46 | 53 | | SECTION 3. (a) The following actions of the Port of Port |
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47 | 54 | | Arthur Navigation District are validated and confirmed in all |
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48 | 55 | | respects as if the actions had been done as authorized by law: |
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49 | 56 | | (1) all acts and proceedings of the district taken |
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50 | 57 | | before the effective date of this Act; and |
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51 | 58 | | (2) the issuance of any bonds or the imposition of |
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52 | 59 | | taxes, including maintenance and operations taxes, in furtherance |
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53 | 60 | | of any bonds issued by the district. |
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54 | 61 | | (b) A governmental act or proceeding of the district |
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55 | 62 | | occurring after an act or proceeding validated by this Act may not |
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56 | 63 | | be held invalid on the ground that the prior act or proceeding, in |
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57 | 64 | | the absence of this Act, was invalid. |
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58 | 65 | | (c) This section does not apply to any matter that on the |
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59 | 66 | | effective date of this Act: |
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60 | 67 | | (1) is involved in litigation if the litigation |
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61 | 68 | | ultimately results in the matter being held invalid by a final |
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62 | 69 | | judgment of a court of competent jurisdiction; or |
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63 | 70 | | (2) has been held invalid by a final judgment of a |
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64 | 71 | | court of competent jurisdiction. |
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65 | 72 | | SECTION 4. (a) The legal notice of the intention to |
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66 | 73 | | introduce this Act, setting forth the general substance of this |
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67 | 74 | | Act, has been published as provided by law, and the notice and a |
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68 | 75 | | copy of this Act have been furnished to all persons, agencies, |
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69 | 76 | | officials, or entities to which they are required to be furnished |
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70 | 77 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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71 | 78 | | Government Code. |
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72 | 79 | | (b) The governor, one of the required recipients, has |
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73 | 80 | | submitted the notice and Act to the Texas Commission on |
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74 | 81 | | Environmental Quality. |
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75 | 82 | | (c) The Texas Commission on Environmental Quality has filed |
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76 | 83 | | its recommendations relating to this Act with the governor, the |
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77 | 84 | | lieutenant governor, and the speaker of the house of |
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78 | 85 | | representatives within the required time. |
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79 | 86 | | (d) All requirements of the constitution and laws of this |
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80 | 87 | | state and the rules and procedures of the legislature with respect |
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81 | 88 | | to the notice, introduction, and passage of this Act are fulfilled |
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82 | 89 | | and accomplished. |
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83 | 90 | | SECTION 5. This Act takes effect immediately if it receives |
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84 | 91 | | a vote of two-thirds of all the members elected to each house, as |
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85 | 92 | | provided by Section 39, Article III, Texas Constitution. If this |
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86 | 93 | | Act does not receive the vote necessary for immediate effect, this |
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87 | 94 | | Act takes effect September 1, 2019. |
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