Texas 2019 - 86th Regular

Texas House Bill HB4695 Compare Versions

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1-H.B. No. 4695
1+By: Deshotel (Senate Sponsor - Creighton) H.B. No. 4695
2+ (In the Senate - Received from the House May 7, 2019;
3+ May 10, 2019, read first time and referred to Committee on
4+ Transportation; May 10, 2019, rereferred to Select Committee on
5+ Texas Ports; May 14, 2019, reported favorably by the following
6+ vote: Yeas 5, Nays 0; May 14, 2019, sent to printer.)
7+Click here to see the committee vote
28
39
10+ A BILL TO BE ENTITLED
411 AN ACT
512 relating to the administration of the Port of Port Arthur
613 Navigation District of Jefferson County, including the authority to
714 impose taxes.
815 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
916 SECTION 1. Section 11, Chapter 197, Acts of the 58th
1017 Legislature, Regular Session, 1963, is amended to read as follows:
1118 Sec. 11. Each commissioner shall receive for performing
1219 duties as a commissioner compensation and benefits set by the Board
1320 of Port Commissioners plus actual traveling expenses. The Board of
1421 Port Commissioners shall set the compensation and benefits of the
1522 secretary, general manager, attorneys, engineers, and all other
1623 employees, and said board shall set and determine the term and time
1724 of employment of all officers and employees of the district;
1825 provided that all officers and employees of the district, except
1926 the commissioners themselves, shall hold their offices subject to
2027 the will of the Board of Port Commissioners.
2128 SECTION 2. Section 23, Chapter 197, Acts of the 58th
2229 Legislature, Regular Session, 1963, is amended to read as follows:
2330 Sec. 23. The [Commissioners Court of Jefferson County,
2431 Texas, shall, upon requisition of the] Board of Port Commissioners
2532 shall impose[, levy] taxes necessary to pay the interest on the
2633 bonded debt and to create a sinking fund to retire the principal
2734 thereof, as well as a maintenance tax for said district within the
2835 limitations prescribed by this Act. In all matters pertaining to
2936 the imposition [levying and assessing] of taxes[, the equalization
3037 thereof, and the collection of same,] and the duties of all officers
3138 in connection therewith, the laws of the State of Texas for the
3239 imposition [assessing, levying and collecting] of [state and
3340 county] taxes shall apply, and such duties shall be done and
3441 performed by the officers charged with imposing [the collection of
3542 state and county] taxes. Said taxes shall be deposited with the
3643 depository or depositories of said district at the times and in the
3744 manner provided by law for depositing county taxes in the county
3845 depository, and such officers shall furnish such bonds and receive
3946 such compensation for their services as is now being paid for like
4047 services, and said district shall have a lien upon all property
4148 against which taxes may be levied and assessed, enforceable under
4249 the same law and in the same manner as a lien securing state and
4350 county taxes. Limitation shall not run against the district as a
4451 bar to the collection of any taxes or other public charges of the
4552 district.
4653 SECTION 3. (a) The following actions of the Port of Port
4754 Arthur Navigation District are validated and confirmed in all
4855 respects as if the actions had been done as authorized by law:
4956 (1) all acts and proceedings of the district taken
5057 before the effective date of this Act; and
5158 (2) the issuance of any bonds or the imposition of
5259 taxes, including maintenance and operations taxes, in furtherance
5360 of any bonds issued by the district.
5461 (b) A governmental act or proceeding of the district
5562 occurring after an act or proceeding validated by this Act may not
5663 be held invalid on the ground that the prior act or proceeding, in
5764 the absence of this Act, was invalid.
5865 (c) This section does not apply to any matter that on the
5966 effective date of this Act:
6067 (1) is involved in litigation if the litigation
6168 ultimately results in the matter being held invalid by a final
6269 judgment of a court of competent jurisdiction; or
6370 (2) has been held invalid by a final judgment of a
6471 court of competent jurisdiction.
6572 SECTION 4. (a) The legal notice of the intention to
6673 introduce this Act, setting forth the general substance of this
6774 Act, has been published as provided by law, and the notice and a
6875 copy of this Act have been furnished to all persons, agencies,
6976 officials, or entities to which they are required to be furnished
7077 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
7178 Government Code.
7279 (b) The governor, one of the required recipients, has
7380 submitted the notice and Act to the Texas Commission on
7481 Environmental Quality.
7582 (c) The Texas Commission on Environmental Quality has filed
7683 its recommendations relating to this Act with the governor, the
7784 lieutenant governor, and the speaker of the house of
7885 representatives within the required time.
7986 (d) All requirements of the constitution and laws of this
8087 state and the rules and procedures of the legislature with respect
8188 to the notice, introduction, and passage of this Act are fulfilled
8289 and accomplished.
8390 SECTION 5. This Act takes effect immediately if it receives
8491 a vote of two-thirds of all the members elected to each house, as
8592 provided by Section 39, Article III, Texas Constitution. If this
8693 Act does not receive the vote necessary for immediate effect, this
8794 Act takes effect September 1, 2019.
88- ______________________________ ______________________________
89- President of the Senate Speaker of the House
90- I certify that H.B. No. 4695 was passed by the House on May 7,
91- 2019, by the following vote: Yeas 117, Nays 30, 1 present, not
92- voting.
93- ______________________________
94- Chief Clerk of the House
95- I certify that H.B. No. 4695 was passed by the Senate on May
96- 21, 2019, by the following vote: Yeas 29, Nays 2.
97- ______________________________
98- Secretary of the Senate
99- APPROVED: _____________________
100- Date
101- _____________________
102- Governor
95+ * * * * *