Texas 2019 - 86th Regular

Texas Senate Bill SB2556 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7408 SLB-F
2	2	By: Creighton S.B. No. 2556
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the modernization of the law governing the Port of
8	8	Beaumont Navigation District of Jefferson County, Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 5, Special District Local Laws
11	11	Code, is amended by adding Chapter 5010 to read as follows:
12	12	CHAPTER 5010. PORT OF BEAUMONT NAVIGATION DISTRICT OF JEFFERSON
13	13	COUNTY, TEXAS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 5010.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the board of port commissioners of
17	17	the district.
18	18	(2) "Commissioner" means a member of the board.
19	19	(3) "District" means the Port of Beaumont Navigation
20	20	District of Jefferson County, Texas.
21	21	Sec. 5010.0102. NATURE AND PURPOSE OF DISTRICT. (a) The
22	22	district is a port district.
23	23	(b) To the extent authorized by this chapter, the district
24	24	is created to:
25	25	(1) improve navigation in the district;
26	26	(2) maintain, develop, extend, and improve port,
27	27	wharf, dock, and intermodal facilities inside or outside the
28	28	district; and
29	29	(3) develop the Port of Beaumont in the district.
30	30	Sec. 5010.0103. LEGISLATIVE FINDINGS. The creation of the
31	31	district:
32	32	(1) is essential to:
33	33	(A) accomplish the purposes of Section 59,
34	34	Article XVI, Texas Constitution; and
35	35	(B) the general welfare of this state for the
36	36	development of maritime shipping to and from the state's ports;
37	37	(2) is in the interest of national defense, the Port of
38	38	Beaumont being strategically located on the Gulf Coast with an
39	39	inland-protected harbor and in a rapidly developing industrial area
40	40	where wharves, docks, and intermodal facilities are located; and
41	41	(3) will result in:
42	42	(A) material benefits and improvements to
43	43	district territory;
44	44	(B) the increase of the taxable value of property
45	45	in the district; and
46	46	(C) material benefit to that part of the state in
47	47	which the district is located.
48	48	Sec. 5010.0104. DISTRICT TERRITORY. The district is
49	49	composed of the territory in Jefferson and Orange Counties
50	50	described by Sections 1 and 1A, Chapter 147, Acts of the 51st
51	51	Legislature, Regular Session, 1949, as that territory may have been
52	52	modified under:
53	53	(1) Section 3 or 3a, Chapter 103, Acts of the 41st
54	54	Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's
55	55	Texas Civil Statutes), before August 30, 1971;
56	56	(2) Subchapter H, Chapter 62, Water Code; or
57	57	(3) other law.
58	58	Sec. 5010.0105. LIBERAL CONSTRUCTION OF CHAPTER. This
59	59	chapter shall be construed liberally to effect its purposes.
60	60	SUBCHAPTER B. DISTRICT ADMINISTRATION
61	61	Sec. 5010.0201. BOARD OF PORT COMMISSIONERS; TERM;
62	62	ELECTION. (a) The management and control of the district is vested
63	63	in a board composed of six elected commissioners.
64	64	(b) Commissioners serve staggered six-year terms, with the
65	65	terms of two commissioners expiring every two years.
66	66	(c) The district shall hold an election in the district on
67	67	the uniform election date in May of each odd-numbered year to elect
68	68	the appropriate number of commissioners.
69	69	(d) Notice of an election held under this section must be:
70	70	(1) signed by the board's presiding officer or
71	71	secretary; and
72	72	(2) posted in accordance with Section 4.003(b),
73	73	Election Code.
74	74	(e) The board shall declare the results of an election held
75	75	under this section.
76	76	Sec. 5010.0202. ELECTIONS; WARDS; QUALIFICATIONS. (a) Two
77	77	commissioners are elected by the voters of the district at large,
78	78	and each ward is represented on the board by a ward resident elected
79	79	as commissioner by the voters of the ward.
80	80	(b) The district is divided into four wards in accordance
81	81	with a redistricting plan consistent with the most recent decennial
82	82	census.
83	83	(c) The board may change the boundaries of the wards and may
84	84	designate the wards by reference to county commissioners court
85	85	precincts, except that:
86	86	(1) there must be four wards in the district at all
87	87	times;
88	88	(2) each ward must contain as nearly as possible the
89	89	same number of voters; and
90	90	(3) each ward must contain at least 20 percent of the
91	91	estimated population of the district.
92	92	(d) Each commissioner must:
93	93	(1) be a qualified voter of the district; and
94	94	(2) own taxable real property located in the district.
95	95	Sec. 5010.0203. PLACING CANDIDATE ON BALLOT. (a) An
96	96	application for a place on the ballot must be:
97	97	(1) filed with the secretary of the board or another
98	98	person designated by the board; and
99	99	(2) signed by:
100	100	(A) the candidate; or
101	101	(B) 10 or more qualified voters of the district.
102	102	(b) The filing period for an application for a place on the
103	103	ballot is the same as provided by Chapter 143, Election Code.
104	104	Sec. 5010.0204. COMMISSIONER'S OATH AND BOND. (a) Not
105	105	later than the 10th day after the date of the commissioner's
106	106	election, each commissioner shall:
107	107	(1) take and subscribe an oath of office with
108	108	conditions in the oath as provided by law for members of the
109	109	commissioners court of a county; and
110	110	(2) enter into a good and sufficient bond in the amount
111	111	of $1,000 payable to the district, conditioned on the faithful
112	112	performance of the commissioner's duties as a commissioner.
113	113	(b) The bond of a commissioner must be approved by the
114	114	board.
115	115	Sec. 5010.0205. COMPENSATION OF COMMISSIONERS; EXPENSES.
116	116	(a) Except as provided by Subsection (b), a commissioner shall
117	117	receive $500 per month for the commissioner's services.
118	118	(b) A commissioner serving as president of the board shall
119	119	receive $550 per month.
120	120	(c) A commissioner shall receive actual traveling expenses.
121	121	Sec. 5010.0206. VACANCIES. (a) Except as provided by
122	122	Subsection (b), if a vacancy occurs in the office of commissioner,
123	123	the board shall appoint a commissioner for the remainder of the
124	124	unexpired term.
125	125	(b) If the number of commissioners is reduced to three, the
126	126	remaining commissioners shall call a special election to fill the
127	127	vacancies.
128	128	Sec. 5010.0207. OFFICERS AND EMPLOYEES. (a) As soon as
129	129	practicable after each election of commissioners, the board shall
130	130	elect a president, vice president, and secretary and treasurer.
131	131	(b) The president and vice president must be members of the
132	132	board.
133	133	(c) The office of secretary and treasurer:
134	134	(1) is one office; and
135	135	(2) may be filled by a person who is not a member of the
136	136	board.
137	137	(d) If a vacancy occurs in an office, the board shall
138	138	appoint a replacement for the unexpired term.
139	139	(e) Officers serve until successor officers have qualified.
140	140	(f) The board may:
141	141	(1) employ an executive director for the district and
142	142	give the executive director full authority to manage and operate
143	143	the affairs of the district, including the authority to employ
144	144	officers, agents, and employees, prescribe their duties, and set
145	145	their compensation, subject only to the orders of the board; and
146	146	(2) employ and set the fees of counsel to represent the
147	147	district in the preparation of any contract, to conduct any
148	148	proceeding in or out of court, and to be the legal advisor of the
149	149	board on matters as agreed to by the board.
150	150	(g) The board shall:
151	151	(1) set the compensation of the secretary and
152	152	treasurer and the executive director; and
153	153	(2) set the terms of office of all officers of the
154	154	district, including the executive director.
155	155	(h) All officers and the executive director of the district,
156	156	other than the commissioners, hold office subject to the will of the
157	157	board.
158	158	Sec. 5010.0208. DELEGATION. The board may authorize the
159	159	executive director or another person to perform any act on behalf of
160	160	the board.
161	161	Sec. 5010.0209. SURETY BOND. (a) Each officer, agent, or
162	162	employee of the district who is charged with the collection,
163	163	custody, or payment of district money shall give bond conditioned
164	164	on:
165	165	(1) the faithful performance of the person's duties;
166	166	and
167	167	(2) an accounting of all money and property of the
168	168	district coming into the person's possession.
169	169	(b) The bond must be in a form and manner and with a surety
170	170	approved by the board, and the surety on the bond must be a surety
171	171	company authorized to do business in this state.
172	172	(c) The district shall pay the premium on the bond and
173	173	charge the premium as an operating expense.
174	174	Sec. 5010.0210. DISTRICT OFFICE. A regular office shall be
175	175	established and maintained for conducting district business
176	176	either:
177	177	(1) in the district; or
178	178	(2) at any place in the city of Beaumont.
179	179	Sec. 5010.0211. MEETINGS; QUORUM. (a) The board shall hold
180	180	regular meetings at least once each month on the day and time
181	181	designated by the board.
182	182	(b) The board shall hold special meetings:
183	183	(1) at the call of the board president; or
184	184	(2) on the request of three commissioners.
185	185	(c) Four commissioners constitute a quorum of the board.
186	186	Sec. 5010.0212. CONFLICT OF INTEREST; PENALTY. (a) A
187	187	commissioner, officer, agent, or employee of the district may not
188	188	be directly or indirectly interested in a contract for the purchase
189	189	of any property or construction of any work by or for the district.
190	190	(b) A person who violates this section is subject to the
191	191	penalties provided by law for state and county officers under
192	192	similar circumstances.
193	193	SUBCHAPTER C. POWERS AND DUTIES
194	194	Sec. 5010.0301. GENERAL AND NAVIGATION DISTRICT POWERS.
195	195	(a) The district has:
196	196	(1) the powers of government and the authority to
197	197	exercise the rights, privileges, and functions specified by this
198	198	chapter; and
199	199	(2) all powers, rights, privileges, and functions
200	200	conferred by general law on any district created under Section 59,
201	201	Article XVI, Texas Constitution, appropriate to the accomplishment
202	202	of the purposes of this chapter, except as expressly limited by this
203	203	chapter.
204	204	(b) To the extent not inconsistent or in conflict with this
205	205	chapter, the district and the board have all of the rights, powers,
206	206	privileges, and functions granted or conferred by the provisions of
207	207	the general laws applicable to navigation districts including those
208	208	granted or conferred by Chapters 60 and 62, Water Code.
209	209	Sec. 5010.0302. POWERS REGARDING WHARVES, DOCKS, AND OTHER
210	210	FACILITIES; RESTRICTION. (a) This section does not apply to
211	211	facilities or aids of a type or kind used or engaged in competition
212	212	with tugs, barges, salvage operations, or shipbuilding or ship
213	213	repair operations.
214	214	(b) The district may:
215	215	(1) acquire, take over, construct, maintain, repair,
216	216	operate, develop, and regulate wharves, docks, warehouses, grain
217	217	elevators, dumping facilities, belt railways, lands, intermodal,
218	218	and other facilities or aids consistent with or necessary to the
219	219	operation or development of ports or waterways in the district; and
220	220	(2) construct, extend, improve, repair, maintain, and
221	221	reconstruct, cause to be constructed, extended, improved,
222	222	repaired, maintained, and reconstructed, and own, use, and operate
223	223	any facility of any kind necessary or convenient to the exercise of
224	224	the powers, rights, privileges, and functions granted by this
225	225	chapter.
226	226	(c) The district may issue bonds for a purpose described by
227	227	Subsection (b)(1) or to acquire necessary or proper lands,
228	228	rights-of-way, dumping grounds, extensions or improvements of belt
229	229	railway lines, or construction or improvements of wharves, docks,
230	230	or other facilities or aids to navigation. The district may secure
231	231	the obligations by liens on properties acquired, constructed, or
232	232	improved and may pledge available revenue as additional security.
233	233	Sec. 5010.0303. POWERS REGARDING WHARFAGE, CHARGES, AND
234	234	RATES FOR DISTRICT FACILITIES. The district has the power to:
235	235	(1) regulate wharfage and charges for all facilities
236	236	of or pertaining to the Port of Beaumont and the waterways in the
237	237	district;
238	238	(2) assess and collect charges for the use of all
239	239	district facilities;
240	240	(3) approve a pilotage rate charge imposed under
241	241	Chapter 69, Transportation Code; and
242	242	(4) approve a charge, fee, or assessment imposed by a
243	243	navigation district other than the district within the territory of
244	244	the district.
245	245	Sec. 5010.0304. LIMITATION ON CERTAIN POWERS. This chapter
246	246	may not be construed as granting the district or the board any power
247	247	over the appointment, operations, or conduct of:
248	248	(1) a branch pilot appointed under Section 69.037,
249	249	Transportation Code; or
250	250	(2) the board of pilot commissioners described by
251	251	Section 69.011, Transportation Code.
252	252	Sec. 5010.0305. POWERS CONCURRENT WITH THOSE OF
253	253	SABINE-NECHES NAVIGATION DISTRICT OF JEFFERSON COUNTY, TEXAS.
254	254	Except as provided by Section 5010.0303, the district's powers are
255	255	concurrent with, but do not supersede or interfere with, the
256	256	jurisdiction and powers of the Sabine-Neches Navigation District of
257	257	Jefferson County, Texas, created under Section 59, Article XVI,
258	258	Texas Constitution, over the common territory of the two districts.
259	259	Sec. 5010.0306. BYLAWS AND RULES. The district may adopt
260	260	bylaws and rules for the management and regulation of the
261	261	district's affairs.
262	262	Sec. 5010.0307. ACQUISITION OF PROPERTY; EMINENT DOMAIN.
263	263	(a) In this section, "property" means property of any kind, except
264	264	that the term does not include a lighter, tug, barge, or other
265	265	floating equipment of any nature.
266	266	(b) If necessary or convenient to exercising a power, right,
267	267	privilege, or function conferred on the district by this chapter,
268	268	the district:
269	269	(1) by gift or purchase may acquire property or an
270	270	interest in property that is inside or outside the district
271	271	boundaries; or
272	272	(2) by exercising the power of eminent domain may
273	273	acquire property or an interest in property that is inside or
274	274	outside the district boundaries.
275	275	(c) The district must exercise the power of eminent domain
276	276	in the manner provided by Chapter 21, Property Code, except that the
277	277	district is not required to give bond for appeal or bond for costs
278	278	in any judicial proceeding.
279	279	(d) The district's authority under this section to exercise
280	280	the power of eminent domain expired on September 1, 2013, unless the
281	281	district submitted a letter to the comptroller in accordance with
282	282	Section 2206.101(b), Government Code, not later than December 31,
283	283	2012.
284	284	Sec. 5010.0308. MORTGAGE OR FORCED SALE OF CERTAIN DISTRICT
285	285	FACILITIES. The district may not mortgage or subject to forced sale
286	286	a facility in use by the district on March 7, 1957.
287	287	Sec. 5010.0309. GENERAL AUTHORITY TO MAKE CONTRACTS AND
288	288	EXECUTE INSTRUMENTS. The district may make a contract or execute an
289	289	instrument necessary or convenient to exercising a power, right,
290	290	privilege, or function conferred on the district by this chapter.
291	291	Sec. 5010.0310. AUTHORITY TO SUE AND BE SUED. The district
292	292	may sue and be sued in the district's corporate name.
293	293	Sec. 5010.0311. SEAL. The district may adopt and use a
294	294	corporate seal.
295	295	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
296	296	Sec. 5010.0401. DEPOSITORY; DEPOSIT AND USE OF DISTRICT
297	297	MONEY; REPORT. (a) The board shall select a depository or
298	298	depositories for the district in the manner provided by law for the
299	299	selection of a county depository.
300	300	(b) The board in selecting a depository shall act in the
301	301	same capacity and perform the same duties as the county judge and
302	302	the commissioners court in selecting a county depository.
303	303	(c) A depository selected by the board:
304	304	(1) has the powers and duties provided by law for a
305	305	county depository; and
306	306	(2) shall execute a depository bond, or pledge
307	307	collateral in lieu of or in addition to a surety company bond, as
308	308	provided by law for a county depository.
309	309	(d) After the depository or depositories have given bond or
310	310	bonds as provided by law and the bond or bonds have been approved by
311	311	the board, all district money shall be deposited in the depository
312	312	or depositories by the officers or agents of the district appointed
313	313	by the board to collect and deposit district money.
314	314	(e) District money shall be deposited in the appropriate
315	315	account and kept separate. The accounts of the district are the:
316	316	(1) interest and sinking fund account;
317	317	(2) construction account; and
318	318	(3) maintenance and operations account.
319	319	(f) Money in the interest and sinking fund account may be
320	320	used only to pay the interest on and principal of the appropriate
321	321	indebtedness.
322	322	(g) Each district depository shall prepare a report of all
323	323	money received and all money paid out by the depository at the end
324	324	of each month and shall file the report, along with vouchers and
325	325	records of the district, with the secretary and treasurer of the
326	326	board.
327	327	Sec. 5010.0402. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
328	328	PUBLIC INSPECTION. (a) The board shall keep complete and accurate
329	329	accounts conforming to approved governmental accounting standards.
330	330	(b) The accounts and all contracts, documents, and records:
331	331	(1) shall be kept at the district's principal office;
332	332	and
333	333	(2) are public information under Chapter 552,
334	334	Government Code.
335	335	Sec. 5010.0403. FILING COPIES OF AUDIT REPORT. Copies of
336	336	the audit report prepared under Subchapter G, Chapter 49, Water
337	337	Code, as required by Section 60.002, Water Code, shall be certified
338	338	to by the accountant who performed the audit and filed:
339	339	(1) as required by Section 49.194, Water Code; and
340	340	(2) with the county clerk of Jefferson County.
341	341	Sec. 5010.0404. PROCEDURE FOR DISTRIBUTION OF MONEY.
342	342	District money may be distributed by wire transfer or other
343	343	electronic means authorized by the board, or by check, voucher,
344	344	draft, order, or other written instrument signed by at least two
345	345	persons authorized by board resolution to sign the instrument.
346	346	Sec. 5010.0405. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS,
347	347	AND ISSUE ASSOCIATED BONDS. The district may:
348	348	(1) borrow money for the district's corporate purposes
349	349	consistent with the constitution and general laws of this state;
350	350	(2) borrow money or accept a grant from the United
351	351	States, this state, or an agency or subdivision created or
352	352	designated by the United States or this state and, in connection
353	353	with the loan or grant, enter into any agreement the United States,
354	354	this state, or an agency or subdivision may require; and
355	355	(3) make and issue bonds for money borrowed, in the
356	356	manner and to the extent provided by this chapter.
357	357	Sec. 5010.0406. AUTHORITY TO BORROW MONEY FOR CURRENT
358	358	EXPENSES; EVIDENCE OF OBLIGATION. (a) The district may:
359	359	(1) borrow money for current expenses; and
360	360	(2) evidence the borrowed money by warrants.
361	361	(b) The amount of the warrants may not exceed the
362	362	anticipated revenue.
363	363	Sec. 5010.0407. AD VALOREM TAX FOR MAINTENANCE AND
364	364	OPERATIONS. The district may impose an annual ad valorem tax at a
365	365	rate not to exceed 10 cents on each $100 valuation of taxable
366	366	property in the district for the maintenance, operation, and upkeep
367	367	of the district and the port facilities, properties, and
368	368	improvements constructed by the district.
369	369	Sec. 5010.0408. IMPOSITION OF DISTRICT TAX BY COMMISSIONERS
370	370	COURT. On request of the board, the Commissioners Court of
371	371	Jefferson County, Texas, shall impose taxes necessary to pay the
372	372	interest on the bonded debt and to create a sinking fund to retire
373	373	the principal of that debt.
374	374	Sec. 5010.0409. STATUTE OF LIMITATIONS INAPPLICABLE.
375	375	Collection of public charges of the district other than taxes is not
376	376	barred by the running of the limitations period.
377	377	SUBCHAPTER E. BONDS
378	378	Sec. 5010.0501. AUTHORITY TO ISSUE BONDS; ELECTION; TAXES
379	379	FOR BONDS. (a) The district may issue bonds when the board finds
380	380	that the bonds are necessary by an order entered of record in the
381	381	board's minutes. The district may issue bonds to obtain money for
382	382	any lawful purpose provided for in this chapter that the board
383	383	considers necessary.
384	384	(b) The board shall direct the district engineer to prepare
385	385	an estimate of the cost of necessary repairs, extensions, or
386	386	additional improvements, together with all expenses incident to
387	387	those repairs, extensions, or additional improvements, or the board
388	388	on the board's own motion may prepare such an estimate.
389	389	(c) The board shall order an election to be held to
390	390	determine whether district bonds shall be issued in an amount
391	391	sufficient to pay the costs and expenses contained in the estimate
392	392	prepared under Subsection (b). The election shall be held in
393	393	accordance with Chapter 1251, Government Code. The board shall
394	394	perform the duties and do all acts and things provided to be done by
395	395	the governing body of a municipality, as provided by that chapter.
396	396	The ballots at the election shall be printed as required by Chapter
397	397	1251, Government Code.
398	398	(d) If bonds have been voted, the board shall impose an
399	399	annual ad valorem tax on all taxable property in the district
400	400	sufficient to:
401	401	(1) pay the interest on the bonds;
402	402	(2) create a sinking fund to redeem and discharge the
403	403	bonds at maturity; and
404	404	(3) pay the expense of imposing the tax.
405	405	Sec. 5010.0502. FORM OF BONDS. All bonds issued under this
406	406	chapter must be:
407	407	(1) issued in the district's name;
408	408	(2) signed by the board president; and
409	409	(3) attested by the district secretary and treasurer.
410	410	Sec. 5010.0503. MATURITY. District bonds, including
411	411	refunding bonds, must mature not later than 40 years after the date
412	412	of issuance.
413	413	Sec. 5010.0504. REVENUE BONDS. (a) The district may pledge
414	414	all or part of the revenue derived from any source other than
415	415	taxation to the payment of revenue bonds issued by the district,
416	416	including:
417	417	(1) revenue derived from the operation of:
418	418	(A) existing facilities;
419	419	(B) facilities to be acquired wholly or partly
420	420	with the proceeds of the bonds; and
421	421	(C) other facilities to be acquired, regardless
422	422	of the source of financing;
423	423	(2) royalties and rentals from the lease of oil, gas,
424	424	or other mineral properties owned by the district; and
425	425	(3) revenue derived from property owned by the
426	426	district and leased to others.
427	427	(b) As considered necessary to ensure the marketability of
428	428	the obligations, a resolution or order authorizing the issuance of
429	429	revenue bonds may contain covenants with the holders of the
430	430	obligations as to:
431	431	(1) the development, management, and operation of the
432	432	district's improvements and facilities;
433	433	(2) the collection of fees and charges for the use of
434	434	the improvements and facilities;
435	435	(3) the disposition of the fees and charges;
436	436	(4) the issuance of future obligations and the
437	437	creation of future liens and encumbrances against the improvements
438	438	and facilities and the revenue of the improvements and facilities;
439	439	and
440	440	(5) other pertinent matters.
441	441	(c) Revenue bonds, if payable from a source other than
442	442	taxation, may be issued on a parity with other revenue bonds issued
443	443	under this chapter or other applicable law, and the revenue bonds
444	444	and parity revenue bonds may be payable from the same source.
445	445	Sec. 5010.0505. REFUNDING BONDS. (a) The board may issue
446	446	refunding bonds to refund like principal amounts of outstanding
447	447	bonds of the district.
448	448	(b) Refunding bonds shall be payable from the same source as
449	449	the bonds refunded except that bonds payable wholly or partly from
450	450	ad valorem taxes may be refunded into bonds payable solely from
451	451	district revenue other than ad valorem taxes, including revenue
452	452	derived from:
453	453	(1) the operation of a facility owned or used by the
454	454	district; or
455	455	(2) oil, gas, or other mineral properties or rights
456	456	owned by the district, including rentals.
457	457	(c) The district may combine into a single issue:
458	458	(1) refunding bonds payable solely from revenue other
459	459	than ad valorem taxes; and
460	460	(2) improvement bonds authorized under statutory
461	461	authority other than this section and similarly payable.
462	462	(d) Refunding bonds may be:
463	463	(1) delivered in exchange for a like amount of the
464	464	bonds to be refunded;
465	465	(2) sold, and the proceeds from the sale applied to the
466	466	payment of the bonds to be refunded; or
467	467	(3) exchanged in part and sold in part.
468	468	(e) If the bonds to be refunded have not matured or become
469	469	callable for redemption under the terms of the bonds, the proceeds
470	470	of the sale of the refunding bonds may be deposited with a paying
471	471	agent for the outstanding bonds. The paying agent shall apply the
472	472	proceeds to the payment of the outstanding bonds:
473	473	(1) at maturity or the first available redemption
474	474	date; or
475	475	(2) on earlier voluntary surrender by the bondholder.
476	476	(f) If refunding bond proceeds are deposited as provided by
477	477	Subsection (e):
478	478	(1) interest on the outstanding bonds to maturity or
479	479	the first available redemption date, together with any applicable
480	480	redemption premiums, shall be deposited with the proceeds; and
481	481	(2) the refunding bond proceeds may, at the direction
482	482	of the district, be invested by the paying agent in direct
483	483	obligations of the United States that mature not later than the date
484	484	on which the bonds to be refunded mature or the first available
485	485	redemption date of those bonds.
486	486	(g) The interest received on refunding bond proceeds
487	487	invested under Subsection (f)(2) shall be paid to the district to be
488	488	applied to the payment of the interest falling due on the refunding
489	489	bonds, and any surplus over the interest falling due may be used by
490	490	the district for the district's general purposes.
491	491	(h) Refunding bonds issued under this section shall be
492	492	authorized, secured, and issued in the manner provided by this
493	493	chapter or by pertinent general law for the issuance of other bonds
494	494	by the district.
495	495	SECTION 2. Section 1, Chapter 147, Acts of the 51st
496	496	Legislature, Regular Session, 1949, is amended to read as follows:
497	497	Section 1. [There is hereby created within the State of
498	498	Texas, in addition to the districts into which the State has
499	499	heretofore been divided, a port district to be known as the Port of
500	500	Beaumont Navigation District of Jefferson County, Texas, situated
501	501	in Jefferson County, Texas, with boundaries as hereinafter set out
502	502	(hereinafter called the district). Such district shall be and is
503	503	hereby declared to be a governmental agency and body politic and
504	504	corporate with the powers of government and with the authority to
505	505	exercise the rights, privileges and functions hereinafter
506	506	specified, and the creation of such district is hereby determined
507	507	to be essential to the accomplishment of the purposes of Section 59,
508	508	of Article 16, of the Constitution of the State of Texas, including
509	509	(to the extent hereinafter authorized) the improvement of
510	510	navigation and the maintenance, development, extension and
511	511	improvement of port facilities, wharf and dock facilities, and the
512	512	development of the port of Beaumont within the boundaries thereof
513	513	as hereby established, which is declared to be essential to the
514	514	general welfare of the State of Texas for the development of
515	515	maritime shipping to and from its ports, and in the interest of
516	516	national defense; the Port of Beaumont being strategically located
517	517	on the Gulf Coast with an inland-protected harbor and in a rapidly
518	518	developing industrial area wherein shipyards and ship-storing
519	519	basins are located, and the creation of said port district will
520	520	result in material benefits and improvements to the territory
521	521	included therein and in the increase of taxable values of property
522	522	included therein, and result in material benefit to that section of
523	523	the State in which same is located.]
524	524	The initial boundaries of the Port of Beaumont Navigation
525	525	District of [said district in] Jefferson County, Texas, are as
526	526	follows:
527	527	BEGINNING at a point in the thread of the Neches River where
528	528	it is intersected by the East line of the J. S. Johnston Survey
529	529	extended northward to the Neches River;
530	530	THENCE in a southerly direction along the East line of the
531	531	J. S. Johnston Survey to its intersection with the West line of the
532	532	Kansas City Southern Railroad Company's right-of-way between
533	533	Beaumont and Port Arthur;
534	534	THENCE Northwesterly along the Southwesterly right-of-way
535	535	line of the Kansas City Southern Railroad Company's right-of-way to
536	536	its intersection with the East line of the P. Humphries Survey;
537	537	THENCE South along the East line of the P. Humphries Survey
538	538	to the Northeast corner of T. & N. O. Ry. Co. Survey No. 1;
539	539	THENCE West along the North line of T. & N. O. Ry. Co. Survey
540	540	No. 1 to its Northwest corner;
541	541	THENCE South along the West line of T. & N. O. Ry. Co. Survey
542	542	No. 1 to the North line of the W. N. Sigler Survey;
543	543	THENCE West along the North line of the W. N. Sigler Survey to
544	544	the East line of the T. & N. O. Ry. Company's main line right-of-way
545	545	between Beaumont and Port Arthur;
546	546	THENCE Southeastward along the East line of T. & N. O. Ry.
547	547	Company's right-of-way to the center line of the old McFaddin
548	548	Canal;
549	549	THENCE Westward along the center line of the old McFaddin
550	550	Canal to John's Gully;
551	551	THENCE down the meanders of John's Gully Southward through
552	552	the E. D. Chenneth Survey and the William Murphy Survey, to the
553	553	South bank of Hillebrandt Bayou;
554	554	THENCE Westward and Northwestward along the meanders of the
555	555	West bank of Hillebrandt Bayou to the South bank of Bayou Din;
556	556	THENCE Northward, Westward, and Southwestward, along the
557	557	Southerly bank of Bayou Din to point where the West line of the S.
558	558	Corzine Survey, when extended through the M. Pivoto Survey,
559	559	intersects the Southerly bank of Bayou Din;
560	560	THENCE Northward through the M. Pivoto Survey along the
561	561	extended West line of the S. Corzine Survey, and continuing
562	562	Northward along the West line of the S. Corzine Survey, to the South
563	563	line of the S. Stivers League;
564	564	THENCE West along the South line of the S. Stivers League to
565	565	its Southwest corner;
566	566	THENCE Northward along the West line of the S. Stivers League
567	567	to the dividing line between H. T. & B. Rr. Co. Surveys Nos. 14 and
568	568	15;
569	569	THENCE West along the South line of H. T. & B. Rr. Co. Surveys
570	570	Nos. 14, 13 and 12, to the intersection of the West line of the A.
571	571	Savery Survey, extended Southward;
572	572	THENCE North along the extended West line of A. Savery
573	573	Survey, through N. T. & B. Rr. Co. Surveys Nos. 12 and 3, and
574	574	continuing Northward along the West line of the A. Savery Survey and
575	575	the A. Houston Survey, and still continuing along this line
576	576	extended Northward, through the E. Rains, and the S. Morris and the
577	577	Josiah Dyches Surveys, to the intersection of the thread of Pine
578	578	Island Bayou;
579	579	THENCE Eastward and Southeastward down the meanders of the
580	580	Thread of Pine Island Bayou and the Neches River, to the place of
581	581	beginning.
582	582	SECTION 3. Sections 1B, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
583	583	13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
584	584	and 30, Chapter 147, Acts of the 51st Legislature, Regular Session,
585	585	1949, are repealed.
586	586	SECTION 4. (a) The legal notice of the intention to
587	587	introduce this Act, setting forth the general substance of this
588	588	Act, has been published as provided by law, and the notice and a
589	589	copy of this Act have been furnished to all persons, agencies,
590	590	officials, or entities to which they are required to be furnished
591	591	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
592	592	Government Code.
593	593	(b) The governor, one of the required recipients, has
594	594	submitted the notice and Act to the Texas Commission on
595	595	Environmental Quality.
596	596	(c) The Texas Commission on Environmental Quality has filed
597	597	its recommendations relating to this Act with the governor, the
598	598	lieutenant governor, and the speaker of the house of
599	599	representatives within the required time.
600	600	(d) All requirements of the constitution and laws of this
601	601	state and the rules and procedures of the legislature with respect
602	602	to the notice, introduction, and passage of this Act are fulfilled
603	603	and accomplished.
604	604	SECTION 5. This Act takes effect September 1, 2019.