By: Hinojosa S.B. No. 755
(In the Senate - Filed February 11, 2019; March 1, 2019,
read first time and referred to Committee on Transportation;
April 4, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 4, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 755 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to the administration, powers, and duties of certain
navigation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 62, Water Code, is amended
by adding Section 62.0725 to read as follows:
Sec. 62.0725. EXECUTIVE DIRECTOR. (a) The commission may
employ an executive director of the district. If the commission
employs an executive director, the commission must prescribe the
duties and compensation of the executive director.
(b) By rule, order, or resolution, the commission may
delegate to an executive director the full authority necessary to
manage the affairs of the district subject only to orders of the
commission, including the authority to:
(1) employ persons necessary for the operation of the
district and to determine the compensation of those persons; or
(2) perform any act on behalf of the district, as
authorized by the commission.
(c) The duties of an executive director may be performed by
a general manager or chief executive officer.
SECTION 2. The heading to Section 62.077, Water Code, is
amended to read as follows:
Sec. 62.077. [ASSISTANT ENGINEERS AND EMPLOYEES;]
COUNSEL[; SALARIES AND FEES].
SECTION 3. Section 62.077(c), Water Code, is amended to
read as follows:
(c) The [amount of compensation for employees and] fees of
counsel shall be determined by the commission.
SECTION 4. Section 62.113, Water Code, is amended to read as
follows:
Sec. 62.113. FORM OF CONTRACTS. All contracts made by the
district [commission] shall be in writing and signed by the
contractors [and at least two of the commissioners], the executive
director of the district, [or] an authorized representative of the
executive director, or a person to whom the duties of executive
director have been delegated.
SECTION 5. The heading to Section 62.115, Water Code, is
amended to read as follows:
Sec. 62.115. SUPERVISION OF WORK[; REPORT].
SECTION 6. Section 62.115(a), Water Code, is amended to
read as follows:
(a) Unless done under the supervision of the United States,
all work contracted for by the district [commission] shall be done
under the supervision of a representative of the district
[engineer].
SECTION 7. Sections 62.116(a) and (b), Water Code, are
amended to read as follows:
(a) A representative of the district [The commission] shall
inspect the progress of work being done under a contract, and on
completion of the contract, the district's chief financial officer
[commission] shall draw a warrant on the county treasurer or issue a
check payable to the contractor or the contractor's [his] assignee
for the amount of the contract price. The warrant or check shall be
paid out of the construction and maintenance fund or the operating
fund of the district.
(b) If the district [commission] considers it advisable,
the district [it] may contract for work to be paid for in partial
payments as the work progresses. [The partial payments may not
exceed in the aggregate eighty percent of the total amount to be
paid under the contract.] The amount of work completed at the time
of the partial payment shall be shown by a certificate of a
representative of the district [engineer].
SECTION 8. Section 62.122(a), Water Code, is amended to
read as follows:
(a) The [Except as provided by Subsection (b), the]
commission may authorize the executive director to sell, destroy,
donate, or otherwise dispose of the district's [periodically
dispose of] surplus or salvage personal property by any method the
executive director or the executive director's designee determines
is in the best interest of the district [in the same manner as the
commissioners court of a county under Subchapter D, Chapter 263,
Local Government Code].
SECTION 9. Section 62.152, Water Code, is amended to read as
follows:
Sec. 62.152. PAYMENT OF EXPENSES [WARRANTS]. The district
[commission] may draw warrants or issue checks:
(1) to pay for [legal] services;
(2) to pay the compensation [salary] of [the engineer,
his assistant, and any other] employees; and
(3) to pay all expenses incident to operation of the
district.
SECTION 10. Section 62.153, Water Code, as amended by
Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted and amended to
read as follows:
Sec. 62.153. DUTIES OF DISTRICT TREASURER; AUTHORITY OF
DESIGNATED OFFICER. (a) The district treasurer shall:
(1) open an account for all funds received by the
district treasurer for the district and all district funds which
the treasurer pays out;
(2) pay out money on vouchers signed by the chairman of
the commission, any two members of the commission, or the
commissioners court, or any two of any number of persons delegated
by the commission with authority to sign vouchers, provided that
the commission may, in such delegation, limit the authority of such
persons and may require that each furnish a fidelity bond in such
amount as the commission shall specify and subject to commission
approval;
(3) carefully preserve all orders for the payment of
money; and
(4) render a correct account to the commissioners
court of all matters relating to the financial condition of the
district as often as required by the commissioners court.
(b) The district treasurer is not[; and
[(5) not be] required to sign a check drawn on a
depository selected under Section 62.156, unless the district
treasurer is the designated officer of the district, as defined by
Section 60.271(g).
(c) [(b)] A designated officer of a district may make a
payment on behalf of the district by a check drawn on a depository
selected under Section 62.155 in a manner consistent with the
payment procedures adopted under Section 60.271(f) without
authorization by the district treasurer.
SECTION 11. The following provisions of the Water Code are
repealed:
(1) Section 62.076;
(2) Section 62.077(a); and
(3) Section 62.115(b).
SECTION 12. To the extent of any conflict, this Act controls
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 13. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2019.
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