86R7408 SLB-F
By: Creighton S.B. No. 2556
A BILL TO BE ENTITLED
AN ACT
relating to the modernization of the law governing the Port of
Beaumont Navigation District of Jefferson County, Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 5, Special District Local Laws
Code, is amended by adding Chapter 5010 to read as follows:
CHAPTER 5010. PORT OF BEAUMONT NAVIGATION DISTRICT OF JEFFERSON
COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5010.0101. DEFINITIONS. In this chapter:
(1) "Board" means the board of port commissioners of
the district.
(2) "Commissioner" means a member of the board.
(3) "District" means the Port of Beaumont Navigation
District of Jefferson County, Texas.
Sec. 5010.0102. NATURE AND PURPOSE OF DISTRICT. (a) The
district is a port district.
(b) To the extent authorized by this chapter, the district
is created to:
(1) improve navigation in the district;
(2) maintain, develop, extend, and improve port,
wharf, dock, and intermodal facilities inside or outside the
district; and
(3) develop the Port of Beaumont in the district.
Sec. 5010.0103. LEGISLATIVE FINDINGS. The creation of the
district:
(1) is essential to:
(A) accomplish the purposes of Section 59,
Article XVI, Texas Constitution; and
(B) the general welfare of this state for the
development of maritime shipping to and from the state's ports;
(2) is in the interest of national defense, the Port of
Beaumont being strategically located on the Gulf Coast with an
inland-protected harbor and in a rapidly developing industrial area
where wharves, docks, and intermodal facilities are located; and
(3) will result in:
(A) material benefits and improvements to
district territory;
(B) the increase of the taxable value of property
in the district; and
(C) material benefit to that part of the state in
which the district is located.
Sec. 5010.0104. DISTRICT TERRITORY. The district is
composed of the territory in Jefferson and Orange Counties
described by Sections 1 and 1A, Chapter 147, Acts of the 51st
Legislature, Regular Session, 1949, as that territory may have been
modified under:
(1) Section 3 or 3a, Chapter 103, Acts of the 41st
Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's
Texas Civil Statutes), before August 30, 1971;
(2) Subchapter H, Chapter 62, Water Code; or
(3) other law.
Sec. 5010.0105. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally to effect its purposes.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 5010.0201. BOARD OF PORT COMMISSIONERS; TERM;
ELECTION. (a) The management and control of the district is vested
in a board composed of six elected commissioners.
(b) Commissioners serve staggered six-year terms, with the
terms of two commissioners expiring every two years.
(c) The district shall hold an election in the district on
the uniform election date in May of each odd-numbered year to elect
the appropriate number of commissioners.
(d) Notice of an election held under this section must be:
(1) signed by the board's presiding officer or
secretary; and
(2) posted in accordance with Section 4.003(b),
Election Code.
(e) The board shall declare the results of an election held
under this section.
Sec. 5010.0202. ELECTIONS; WARDS; QUALIFICATIONS. (a) Two
commissioners are elected by the voters of the district at large,
and each ward is represented on the board by a ward resident elected
as commissioner by the voters of the ward.
(b) The district is divided into four wards in accordance
with a redistricting plan consistent with the most recent decennial
census.
(c) The board may change the boundaries of the wards and may
designate the wards by reference to county commissioners court
precincts, except that:
(1) there must be four wards in the district at all
times;
(2) each ward must contain as nearly as possible the
same number of voters; and
(3) each ward must contain at least 20 percent of the
estimated population of the district.
(d) Each commissioner must:
(1) be a qualified voter of the district; and
(2) own taxable real property located in the district.
Sec. 5010.0203. PLACING CANDIDATE ON BALLOT. (a) An
application for a place on the ballot must be:
(1) filed with the secretary of the board or another
person designated by the board; and
(2) signed by:
(A) the candidate; or
(B) 10 or more qualified voters of the district.
(b) The filing period for an application for a place on the
ballot is the same as provided by Chapter 143, Election Code.
Sec. 5010.0204. COMMISSIONER'S OATH AND BOND. (a) Not
later than the 10th day after the date of the commissioner's
election, each commissioner shall:
(1) take and subscribe an oath of office with
conditions in the oath as provided by law for members of the
commissioners court of a county; and
(2) enter into a good and sufficient bond in the amount
of $1,000 payable to the district, conditioned on the faithful
performance of the commissioner's duties as a commissioner.
(b) The bond of a commissioner must be approved by the
board.
Sec. 5010.0205. COMPENSATION OF COMMISSIONERS; EXPENSES.
(a) Except as provided by Subsection (b), a commissioner shall
receive $500 per month for the commissioner's services.
(b) A commissioner serving as president of the board shall
receive $550 per month.
(c) A commissioner shall receive actual traveling expenses.
Sec. 5010.0206. VACANCIES. (a) Except as provided by
Subsection (b), if a vacancy occurs in the office of commissioner,
the board shall appoint a commissioner for the remainder of the
unexpired term.
(b) If the number of commissioners is reduced to three, the
remaining commissioners shall call a special election to fill the
vacancies.
Sec. 5010.0207. OFFICERS AND EMPLOYEES. (a) As soon as
practicable after each election of commissioners, the board shall
elect a president, vice president, and secretary and treasurer.
(b) The president and vice president must be members of the
board.
(c) The office of secretary and treasurer:
(1) is one office; and
(2) may be filled by a person who is not a member of the
board.
(d) If a vacancy occurs in an office, the board shall
appoint a replacement for the unexpired term.
(e) Officers serve until successor officers have qualified.
(f) The board may:
(1) employ an executive director for the district and
give the executive director full authority to manage and operate
the affairs of the district, including the authority to employ
officers, agents, and employees, prescribe their duties, and set
their compensation, subject only to the orders of the board; and
(2) employ and set the fees of counsel to represent the
district in the preparation of any contract, to conduct any
proceeding in or out of court, and to be the legal advisor of the
board on matters as agreed to by the board.
(g) The board shall:
(1) set the compensation of the secretary and
treasurer and the executive director; and
(2) set the terms of office of all officers of the
district, including the executive director.
(h) All officers and the executive director of the district,
other than the commissioners, hold office subject to the will of the
board.
Sec. 5010.0208. DELEGATION. The board may authorize the
executive director or another person to perform any act on behalf of
the board.
Sec. 5010.0209. SURETY BOND. (a) Each officer, agent, or
employee of the district who is charged with the collection,
custody, or payment of district money shall give bond conditioned
on:
(1) the faithful performance of the person's duties;
and
(2) an accounting of all money and property of the
district coming into the person's possession.
(b) The bond must be in a form and manner and with a surety
approved by the board, and the surety on the bond must be a surety
company authorized to do business in this state.
(c) The district shall pay the premium on the bond and
charge the premium as an operating expense.
Sec. 5010.0210. DISTRICT OFFICE. A regular office shall be
established and maintained for conducting district business
either:
(1) in the district; or
(2) at any place in the city of Beaumont.
Sec. 5010.0211. MEETINGS; QUORUM. (a) The board shall hold
regular meetings at least once each month on the day and time
designated by the board.
(b) The board shall hold special meetings:
(1) at the call of the board president; or
(2) on the request of three commissioners.
(c) Four commissioners constitute a quorum of the board.
Sec. 5010.0212. CONFLICT OF INTEREST; PENALTY. (a) A
commissioner, officer, agent, or employee of the district may not
be directly or indirectly interested in a contract for the purchase
of any property or construction of any work by or for the district.
(b) A person who violates this section is subject to the
penalties provided by law for state and county officers under
similar circumstances.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 5010.0301. GENERAL AND NAVIGATION DISTRICT POWERS.
(a) The district has:
(1) the powers of government and the authority to
exercise the rights, privileges, and functions specified by this
chapter; and
(2) all powers, rights, privileges, and functions
conferred by general law on any district created under Section 59,
Article XVI, Texas Constitution, appropriate to the accomplishment
of the purposes of this chapter, except as expressly limited by this
chapter.
(b) To the extent not inconsistent or in conflict with this
chapter, the district and the board have all of the rights, powers,
privileges, and functions granted or conferred by the provisions of
the general laws applicable to navigation districts including those
granted or conferred by Chapters 60 and 62, Water Code.
Sec. 5010.0302. POWERS REGARDING WHARVES, DOCKS, AND OTHER
FACILITIES; RESTRICTION. (a) This section does not apply to
facilities or aids of a type or kind used or engaged in competition
with tugs, barges, salvage operations, or shipbuilding or ship
repair operations.
(b) The district may:
(1) acquire, take over, construct, maintain, repair,
operate, develop, and regulate wharves, docks, warehouses, grain
elevators, dumping facilities, belt railways, lands, intermodal,
and other facilities or aids consistent with or necessary to the
operation or development of ports or waterways in the district; and
(2) construct, extend, improve, repair, maintain, and
reconstruct, cause to be constructed, extended, improved,
repaired, maintained, and reconstructed, and own, use, and operate
any facility of any kind necessary or convenient to the exercise of
the powers, rights, privileges, and functions granted by this
chapter.
(c) The district may issue bonds for a purpose described by
Subsection (b)(1) or to acquire necessary or proper lands,
rights-of-way, dumping grounds, extensions or improvements of belt
railway lines, or construction or improvements of wharves, docks,
or other facilities or aids to navigation. The district may secure
the obligations by liens on properties acquired, constructed, or
improved and may pledge available revenue as additional security.
Sec. 5010.0303. POWERS REGARDING WHARFAGE, CHARGES, AND
RATES FOR DISTRICT FACILITIES. The district has the power to:
(1) regulate wharfage and charges for all facilities
of or pertaining to the Port of Beaumont and the waterways in the
district;
(2) assess and collect charges for the use of all
district facilities;
(3) approve a pilotage rate charge imposed under
Chapter 69, Transportation Code; and
(4) approve a charge, fee, or assessment imposed by a
navigation district other than the district within the territory of
the district.
Sec. 5010.0304. LIMITATION ON CERTAIN POWERS. This chapter
may not be construed as granting the district or the board any power
over the appointment, operations, or conduct of:
(1) a branch pilot appointed under Section 69.037,
Transportation Code; or
(2) the board of pilot commissioners described by
Section 69.011, Transportation Code.
Sec. 5010.0305. POWERS CONCURRENT WITH THOSE OF
SABINE-NECHES NAVIGATION DISTRICT OF JEFFERSON COUNTY, TEXAS.
Except as provided by Section 5010.0303, the district's powers are
concurrent with, but do not supersede or interfere with, the
jurisdiction and powers of the Sabine-Neches Navigation District of
Jefferson County, Texas, created under Section 59, Article XVI,
Texas Constitution, over the common territory of the two districts.
Sec. 5010.0306. BYLAWS AND RULES. The district may adopt
bylaws and rules for the management and regulation of the
district's affairs.
Sec. 5010.0307. ACQUISITION OF PROPERTY; EMINENT DOMAIN.
(a) In this section, "property" means property of any kind, except
that the term does not include a lighter, tug, barge, or other
floating equipment of any nature.
(b) If necessary or convenient to exercising a power, right,
privilege, or function conferred on the district by this chapter,
the district:
(1) by gift or purchase may acquire property or an
interest in property that is inside or outside the district
boundaries; or
(2) by exercising the power of eminent domain may
acquire property or an interest in property that is inside or
outside the district boundaries.
(c) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except that the
district is not required to give bond for appeal or bond for costs
in any judicial proceeding.
(d) The district's authority under this section to exercise
the power of eminent domain expired on September 1, 2013, unless the
district submitted a letter to the comptroller in accordance with
Section 2206.101(b), Government Code, not later than December 31,
2012.
Sec. 5010.0308. MORTGAGE OR FORCED SALE OF CERTAIN DISTRICT
FACILITIES. The district may not mortgage or subject to forced sale
a facility in use by the district on March 7, 1957.
Sec. 5010.0309. GENERAL AUTHORITY TO MAKE CONTRACTS AND
EXECUTE INSTRUMENTS. The district may make a contract or execute an
instrument necessary or convenient to exercising a power, right,
privilege, or function conferred on the district by this chapter.
Sec. 5010.0310. AUTHORITY TO SUE AND BE SUED. The district
may sue and be sued in the district's corporate name.
Sec. 5010.0311. SEAL. The district may adopt and use a
corporate seal.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 5010.0401. DEPOSITORY; DEPOSIT AND USE OF DISTRICT
MONEY; REPORT. (a) The board shall select a depository or
depositories for the district in the manner provided by law for the
selection of a county depository.
(b) The board in selecting a depository shall act in the
same capacity and perform the same duties as the county judge and
the commissioners court in selecting a county depository.
(c) A depository selected by the board:
(1) has the powers and duties provided by law for a
county depository; and
(2) shall execute a depository bond, or pledge
collateral in lieu of or in addition to a surety company bond, as
provided by law for a county depository.
(d) After the depository or depositories have given bond or
bonds as provided by law and the bond or bonds have been approved by
the board, all district money shall be deposited in the depository
or depositories by the officers or agents of the district appointed
by the board to collect and deposit district money.
(e) District money shall be deposited in the appropriate
account and kept separate. The accounts of the district are the:
(1) interest and sinking fund account;
(2) construction account; and
(3) maintenance and operations account.
(f) Money in the interest and sinking fund account may be
used only to pay the interest on and principal of the appropriate
indebtedness.
(g) Each district depository shall prepare a report of all
money received and all money paid out by the depository at the end
of each month and shall file the report, along with vouchers and
records of the district, with the secretary and treasurer of the
board.
Sec. 5010.0402. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
PUBLIC INSPECTION. (a) The board shall keep complete and accurate
accounts conforming to approved governmental accounting standards.
(b) The accounts and all contracts, documents, and records:
(1) shall be kept at the district's principal office;
and
(2) are public information under Chapter 552,
Government Code.
Sec. 5010.0403. FILING COPIES OF AUDIT REPORT. Copies of
the audit report prepared under Subchapter G, Chapter 49, Water
Code, as required by Section 60.002, Water Code, shall be certified
to by the accountant who performed the audit and filed:
(1) as required by Section 49.194, Water Code; and
(2) with the county clerk of Jefferson County.
Sec. 5010.0404. PROCEDURE FOR DISTRIBUTION OF MONEY.
District money may be distributed by wire transfer or other
electronic means authorized by the board, or by check, voucher,
draft, order, or other written instrument signed by at least two
persons authorized by board resolution to sign the instrument.
Sec. 5010.0405. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS,
AND ISSUE ASSOCIATED BONDS. The district may:
(1) borrow money for the district's corporate purposes
consistent with the constitution and general laws of this state;
(2) borrow money or accept a grant from the United
States, this state, or an agency or subdivision created or
designated by the United States or this state and, in connection
with the loan or grant, enter into any agreement the United States,
this state, or an agency or subdivision may require; and
(3) make and issue bonds for money borrowed, in the
manner and to the extent provided by this chapter.
Sec. 5010.0406. AUTHORITY TO BORROW MONEY FOR CURRENT
EXPENSES; EVIDENCE OF OBLIGATION. (a) The district may:
(1) borrow money for current expenses; and
(2) evidence the borrowed money by warrants.
(b) The amount of the warrants may not exceed the
anticipated revenue.
Sec. 5010.0407. AD VALOREM TAX FOR MAINTENANCE AND
OPERATIONS. The district may impose an annual ad valorem tax at a
rate not to exceed 10 cents on each $100 valuation of taxable
property in the district for the maintenance, operation, and upkeep
of the district and the port facilities, properties, and
improvements constructed by the district.
Sec. 5010.0408. IMPOSITION OF DISTRICT TAX BY COMMISSIONERS
COURT. On request of the board, the Commissioners Court of
Jefferson County, Texas, shall impose taxes necessary to pay the
interest on the bonded debt and to create a sinking fund to retire
the principal of that debt.
Sec. 5010.0409. STATUTE OF LIMITATIONS INAPPLICABLE.
Collection of public charges of the district other than taxes is not
barred by the running of the limitations period.
SUBCHAPTER E. BONDS
Sec. 5010.0501. AUTHORITY TO ISSUE BONDS; ELECTION; TAXES
FOR BONDS. (a) The district may issue bonds when the board finds
that the bonds are necessary by an order entered of record in the
board's minutes. The district may issue bonds to obtain money for
any lawful purpose provided for in this chapter that the board
considers necessary.
(b) The board shall direct the district engineer to prepare
an estimate of the cost of necessary repairs, extensions, or
additional improvements, together with all expenses incident to
those repairs, extensions, or additional improvements, or the board
on the board's own motion may prepare such an estimate.
(c) The board shall order an election to be held to
determine whether district bonds shall be issued in an amount
sufficient to pay the costs and expenses contained in the estimate
prepared under Subsection (b). The election shall be held in
accordance with Chapter 1251, Government Code. The board shall
perform the duties and do all acts and things provided to be done by
the governing body of a municipality, as provided by that chapter.
The ballots at the election shall be printed as required by Chapter
1251, Government Code.
(d) If bonds have been voted, the board shall impose an
annual ad valorem tax on all taxable property in the district
sufficient to:
(1) pay the interest on the bonds;
(2) create a sinking fund to redeem and discharge the
bonds at maturity; and
(3) pay the expense of imposing the tax.
Sec. 5010.0502. FORM OF BONDS. All bonds issued under this
chapter must be:
(1) issued in the district's name;
(2) signed by the board president; and
(3) attested by the district secretary and treasurer.
Sec. 5010.0503. MATURITY. District bonds, including
refunding bonds, must mature not later than 40 years after the date
of issuance.
Sec. 5010.0504. REVENUE BONDS. (a) The district may pledge
all or part of the revenue derived from any source other than
taxation to the payment of revenue bonds issued by the district,
including:
(1) revenue derived from the operation of:
(A) existing facilities;
(B) facilities to be acquired wholly or partly
with the proceeds of the bonds; and
(C) other facilities to be acquired, regardless
of the source of financing;
(2) royalties and rentals from the lease of oil, gas,
or other mineral properties owned by the district; and
(3) revenue derived from property owned by the
district and leased to others.
(b) As considered necessary to ensure the marketability of
the obligations, a resolution or order authorizing the issuance of
revenue bonds may contain covenants with the holders of the
obligations as to:
(1) the development, management, and operation of the
district's improvements and facilities;
(2) the collection of fees and charges for the use of
the improvements and facilities;
(3) the disposition of the fees and charges;
(4) the issuance of future obligations and the
creation of future liens and encumbrances against the improvements
and facilities and the revenue of the improvements and facilities;
and
(5) other pertinent matters.
(c) Revenue bonds, if payable from a source other than
taxation, may be issued on a parity with other revenue bonds issued
under this chapter or other applicable law, and the revenue bonds
and parity revenue bonds may be payable from the same source.
Sec. 5010.0505. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund like principal amounts of outstanding
bonds of the district.
(b) Refunding bonds shall be payable from the same source as
the bonds refunded except that bonds payable wholly or partly from
ad valorem taxes may be refunded into bonds payable solely from
district revenue other than ad valorem taxes, including revenue
derived from:
(1) the operation of a facility owned or used by the
district; or
(2) oil, gas, or other mineral properties or rights
owned by the district, including rentals.
(c) The district may combine into a single issue:
(1) refunding bonds payable solely from revenue other
than ad valorem taxes; and
(2) improvement bonds authorized under statutory
authority other than this section and similarly payable.
(d) Refunding bonds may be:
(1) delivered in exchange for a like amount of the
bonds to be refunded;
(2) sold, and the proceeds from the sale applied to the
payment of the bonds to be refunded; or
(3) exchanged in part and sold in part.
(e) If the bonds to be refunded have not matured or become
callable for redemption under the terms of the bonds, the proceeds
of the sale of the refunding bonds may be deposited with a paying
agent for the outstanding bonds. The paying agent shall apply the
proceeds to the payment of the outstanding bonds:
(1) at maturity or the first available redemption
date; or
(2) on earlier voluntary surrender by the bondholder.
(f) If refunding bond proceeds are deposited as provided by
Subsection (e):
(1) interest on the outstanding bonds to maturity or
the first available redemption date, together with any applicable
redemption premiums, shall be deposited with the proceeds; and
(2) the refunding bond proceeds may, at the direction
of the district, be invested by the paying agent in direct
obligations of the United States that mature not later than the date
on which the bonds to be refunded mature or the first available
redemption date of those bonds.
(g) The interest received on refunding bond proceeds
invested under Subsection (f)(2) shall be paid to the district to be
applied to the payment of the interest falling due on the refunding
bonds, and any surplus over the interest falling due may be used by
the district for the district's general purposes.
(h) Refunding bonds issued under this section shall be
authorized, secured, and issued in the manner provided by this
chapter or by pertinent general law for the issuance of other bonds
by the district.
SECTION 2. Section 1, Chapter 147, Acts of the 51st
Legislature, Regular Session, 1949, is amended to read as follows:
Section 1. [There is hereby created within the State of
Texas, in addition to the districts into which the State has
heretofore been divided, a port district to be known as the Port of
Beaumont Navigation District of Jefferson County, Texas, situated
in Jefferson County, Texas, with boundaries as hereinafter set out
(hereinafter called the district). Such district shall be and is
hereby declared to be a governmental agency and body politic and
corporate with the powers of government and with the authority to
exercise the rights, privileges and functions hereinafter
specified, and the creation of such district is hereby determined
to be essential to the accomplishment of the purposes of Section 59,
of Article 16, of the Constitution of the State of Texas, including
(to the extent hereinafter authorized) the improvement of
navigation and the maintenance, development, extension and
improvement of port facilities, wharf and dock facilities, and the
development of the port of Beaumont within the boundaries thereof
as hereby established, which is declared to be essential to the
general welfare of the State of Texas for the development of
maritime shipping to and from its ports, and in the interest of
national defense; the Port of Beaumont being strategically located
on the Gulf Coast with an inland-protected harbor and in a rapidly
developing industrial area wherein shipyards and ship-storing
basins are located, and the creation of said port district will
result in material benefits and improvements to the territory
included therein and in the increase of taxable values of property
included therein, and result in material benefit to that section of
the State in which same is located.]
The initial boundaries of the Port of Beaumont Navigation
District of [said district in] Jefferson County, Texas, are as
follows:
BEGINNING at a point in the thread of the Neches River where
it is intersected by the East line of the J. S. Johnston Survey
extended northward to the Neches River;
THENCE in a southerly direction along the East line of the
J. S. Johnston Survey to its intersection with the West line of the
Kansas City Southern Railroad Company's right-of-way between
Beaumont and Port Arthur;
THENCE Northwesterly along the Southwesterly right-of-way
line of the Kansas City Southern Railroad Company's right-of-way to
its intersection with the East line of the P. Humphries Survey;
THENCE South along the East line of the P. Humphries Survey
to the Northeast corner of T. & N. O. Ry. Co. Survey No. 1;
THENCE West along the North line of T. & N. O. Ry. Co. Survey
No. 1 to its Northwest corner;
THENCE South along the West line of T. & N. O. Ry. Co. Survey
No. 1 to the North line of the W. N. Sigler Survey;
THENCE West along the North line of the W. N. Sigler Survey to
the East line of the T. & N. O. Ry. Company's main line right-of-way
between Beaumont and Port Arthur;
THENCE Southeastward along the East line of T. & N. O. Ry.
Company's right-of-way to the center line of the old McFaddin
Canal;
THENCE Westward along the center line of the old McFaddin
Canal to John's Gully;
THENCE down the meanders of John's Gully Southward through
the E. D. Chenneth Survey and the William Murphy Survey, to the
South bank of Hillebrandt Bayou;
THENCE Westward and Northwestward along the meanders of the
West bank of Hillebrandt Bayou to the South bank of Bayou Din;
THENCE Northward, Westward, and Southwestward, along the
Southerly bank of Bayou Din to point where the West line of the S.
Corzine Survey, when extended through the M. Pivoto Survey,
intersects the Southerly bank of Bayou Din;
THENCE Northward through the M. Pivoto Survey along the
extended West line of the S. Corzine Survey, and continuing
Northward along the West line of the S. Corzine Survey, to the South
line of the S. Stivers League;
THENCE West along the South line of the S. Stivers League to
its Southwest corner;
THENCE Northward along the West line of the S. Stivers League
to the dividing line between H. T. & B. Rr. Co. Surveys Nos. 14 and
15;
THENCE West along the South line of H. T. & B. Rr. Co. Surveys
Nos. 14, 13 and 12, to the intersection of the West line of the A.
Savery Survey, extended Southward;
THENCE North along the extended West line of A. Savery
Survey, through N. T. & B. Rr. Co. Surveys Nos. 12 and 3, and
continuing Northward along the West line of the A. Savery Survey and
the A. Houston Survey, and still continuing along this line
extended Northward, through the E. Rains, and the S. Morris and the
Josiah Dyches Surveys, to the intersection of the thread of Pine
Island Bayou;
THENCE Eastward and Southeastward down the meanders of the
Thread of Pine Island Bayou and the Neches River, to the place of
beginning.
SECTION 3. Sections 1B, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
and 30, Chapter 147, Acts of the 51st Legislature, Regular Session,
1949, are repealed.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. This Act takes effect September 1, 2019.