Texas 2019 - 86th Regular

Texas Senate Bill SB755 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 755
	1	+	By: Hinojosa S.B. No. 755
	2	+	(Herrero)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the administration, powers, and duties of certain
6	8		navigation districts.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter C, Chapter 62, Water Code, is amended
9	11		by adding Section 62.0725 to read as follows:
10	12		Sec. 62.0725. EXECUTIVE DIRECTOR. (a) The commission may
11	13		employ an executive director of the district. If the commission
12	14		employs an executive director, the commission must prescribe the
13	15		duties and compensation of the executive director.
14	16		(b) By rule, order, or resolution, the commission may
15	17		delegate to an executive director the full authority necessary to
16	18		manage the affairs of the district subject only to orders of the
17	19		commission, including the authority to:
18	20		(1) employ persons necessary for the operation of the
19	21		district and to determine the compensation of those persons; or
20	22		(2) perform any act on behalf of the district, as
21	23		authorized by the commission.
22	24		(c) The duties of an executive director may be performed by
23	25		a general manager or chief executive officer.
24	26		SECTION 2. The heading to Section 62.077, Water Code, is
25	27		amended to read as follows:
26	28		Sec. 62.077. [ASSISTANT ENGINEERS AND EMPLOYEES;]
27	29		COUNSEL[; SALARIES AND FEES].
28	30		SECTION 3. Section 62.077(c), Water Code, is amended to
29	31		read as follows:
30	32		(c) The [amount of compensation for employees and] fees of
31	33		counsel shall be determined by the commission.
32	34		SECTION 4. Section 62.113, Water Code, is amended to read as
33	35		follows:
34	36		Sec. 62.113. FORM OF CONTRACTS. All contracts made by the
35	37		district [commission] shall be in writing and signed by the
36	38		contractors [and at least two of the commissioners], the executive
37	39		director of the district, [or] an authorized representative of the
38	40		executive director, or a person to whom the duties of executive
39	41		director have been delegated.
40	42		SECTION 5. The heading to Section 62.115, Water Code, is
41	43		amended to read as follows:
42	44		Sec. 62.115. SUPERVISION OF WORK[; REPORT].
43	45		SECTION 6. Section 62.115(a), Water Code, is amended to
44	46		read as follows:
45	47		(a) Unless done under the supervision of the United States,
46	48		all work contracted for by the district [commission] shall be done
47	49		under the supervision of a representative of the district
48	50		[engineer].
49	51		SECTION 7. Sections 62.116(a) and (b), Water Code, are
50	52		amended to read as follows:
51	53		(a) A representative of the district [The commission] shall
52	54		inspect the progress of work being done under a contract, and on
53	55		completion of the contract, the district's chief financial officer
54	56		[commission] shall draw a warrant on the county treasurer or issue a
55	57		check payable to the contractor or the contractor's [his] assignee
56	58		for the amount of the contract price. The warrant or check shall be
57	59		paid out of the construction and maintenance fund or the operating
58	60		fund of the district.
59	61		(b) If the district [commission] considers it advisable,
60	62		the district [it] may contract for work to be paid for in partial
61	63		payments as the work progresses. [The partial payments may not
62	64		exceed in the aggregate eighty percent of the total amount to be
63	65		paid under the contract.] The amount of work completed at the time
64	66		of the partial payment shall be shown by a certificate of a
65	67		representative of the district [engineer].
66	68		SECTION 8. Section 62.152, Water Code, is amended to read as
67	69		follows:
68	70		Sec. 62.152. PAYMENT OF EXPENSES [WARRANTS]. The district
69	71		[commission] may draw warrants or issue checks:
70	72		(1) to pay for [legal] services;
71	73		(2) to pay the compensation [salary] of [the engineer,
72	74		his assistant, and any other] employees; and
73	75		(3) to pay all expenses incident to operation of the
74	76		district.
75	77		SECTION 9. Section 62.153, Water Code, as amended by
76	78		Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th
77	79		Legislature, Regular Session, 2017, is reenacted and amended to
78	80		read as follows:
79	81		Sec. 62.153. DUTIES OF DISTRICT TREASURER; AUTHORITY OF
80	82		DESIGNATED OFFICER. (a) The district treasurer shall:
81	83		(1) open an account for all funds received by the
82	84		district treasurer for the district and all district funds which
83	85		the treasurer pays out;
84	86		(2) pay out money on vouchers signed by the chairman of
85	87		the commission, any two members of the commission, or the
86	88		commissioners court, or any two of any number of persons delegated
87	89		by the commission with authority to sign vouchers, provided that
88	90		the commission may, in such delegation, limit the authority of such
89	91		persons and may require that each furnish a fidelity bond in such
90	92		amount as the commission shall specify and subject to commission
91	93		approval;
92	94		(3) carefully preserve all orders for the payment of
93	95		money; and
94	96		(4) render a correct account to the commissioners
95	97		court of all matters relating to the financial condition of the
96	98		district as often as required by the commissioners court.
97	99		(b) The district treasurer is not[; and
98	100		[(5) not be] required to sign a check drawn on a
99	101		depository selected under Section 62.156, unless the district
100	102		treasurer is the designated officer of the district, as defined by
101	103		Section 60.271(g).
102	104		(c) [(b)] A designated officer of a district may make a
103	105		payment on behalf of the district by a check drawn on a depository
104	106		selected under Section 62.155 in a manner consistent with the
105	107		payment procedures adopted under Section 60.271(f) without
106	108		authorization by the district treasurer.
107	109		SECTION 10. Subchapter C, Chapter 63, Water Code, is
108	110		amended by adding Section 63.1045 to read as follows:
109	111		Sec. 63.1045. EXECUTIVE DIRECTOR. (a) The district may
110	112		employ an executive director of the district. If the district
111	113		employs an executive director, the district must prescribe the
112	114		duties and compensation of the executive director.
113	115		(b) The duties of an executive director may be performed by
114	116		a general manager, port director, or chief executive officer.
115	117		SECTION 11. Section 63.105, Water Code, is amended to read
116	118		as follows:
117	119		Sec. 63.105. ENGINEER. The district [commission] may
118	120		employ a competent engineer whose term of office and compensation
119	121		shall be determined by the district [commission].
120	122		SECTION 12. Section 63.107, Water Code, is amended to read
121	123		as follows:
122	124		Sec. 63.107. DISTRICT EMPLOYEES. (a) The district:
123	125		(1) [commission] may employ assistant engineers and
124	126		other persons as it considers necessary for the construction,
125	127		maintenance, operation, and development of the district and[,] its
126	128		business and facilities;[,] and
127	129		(2) shall determine their term of office and duties[,]
128	130		and fix their compensation.
129	131		(b) All employees may be removed by the district
130	132		[commission].
131	133		SECTION 13. Section 63.109, Water Code, is amended to read
132	134		as follows:
133	135		Sec. 63.109. PAYMENT OF COMPENSATION AND EXPENSES. The
134	136		district [commission] may draw warrants, issue checks, or use a
135	137		payment method adopted under Section 60.271 to pay for:
136	138		(1) [legal] services;
137	139		(2) [, for] the compensation [salaries] of [the
138	140		engineer, his assistant, or any other] employees; and
139	141		(3) [, and for] all expenses incident and relating to
140	142		the district.
141	143		SECTION 14. The heading to Section 63.175, Water Code, is
142	144		amended to read as follows:
143	145		Sec. 63.175. SUPERVISION OF WORK [BY ENGINEER].
144	146		SECTION 15. Section 63.175(a), Water Code, is amended to
145	147		read as follows:
146	148		(a) Unless done under the supervision of the United States,
147	149		all work contracted for by the district [commission] shall be done
148	150		under the supervision of a representative of the district
149	151		[engineer].
150	152		SECTION 16. Sections 63.176(a) and (b), Water Code, are
151	153		amended to read as follows:
152	154		(a) A representative of the district [The commission] shall
153	155		inspect the work being done during its progress, and on completion
154	156		of the contract, the district [commission] shall draw a warrant on
155	157		the district depository or issue a check in favor of the contractor
156	158		or the contractor's [his] assignee for the amount of the contract
157	159		price. The warrant or check shall be paid from the construction and
158	160		maintenance or operating fund.
159	161		(b) If the district [commission] considers it advisable, it
160	162		may contract to pay for the work in partial payments as the work
161	163		progresses. Partial[, but the partial] payments may not be more in
162	164		the aggregate than the amount allowed under applicable laws [90
163	165		percent of the contract price of the total amount of work done under
164	166		the contract]. The amount of the work shall be shown by a
165	167		certificate of a representative of the district [engineer].
166	168		SECTION 17. Section 63.175(b), Water Code, is repealed.
167	169		SECTION 18. The following provisions of the Water Code are
168	170		repealed:
169	171		(1) Section 62.076;
170	172		(2) Section 62.077(a); and
171	173		(3) Section 62.115(b).
172	174		SECTION 19. To the extent of any conflict, this Act controls
173	175		over another Act of the 86th Legislature, Regular Session, 2019,
174	176		relating to nonsubstantive additions to and corrections in enacted
175	177		codes.
176	178		SECTION 20. This Act takes effect immediately if it
177	179		receives a vote of two-thirds of all the members elected to each
178	180		house, as provided by Section 39, Article III, Texas Constitution.
179	181		If this Act does not receive the vote necessary for immediate
180	182		effect, this Act takes effect September 1, 2019.
181		-	______________________________ ______________________________
182		-	President of the Senate Speaker of the House
183		-	I hereby certify that S.B. No. 755 passed the Senate on
184		-	April 11, 2019, by the following vote: Yeas 31, Nays 0.
185		-	______________________________
186		-	Secretary of the Senate
187		-	I hereby certify that S.B. No. 755 passed the House on
188		-	May 10, 2019, by the following vote: Yeas 130, Nays 11, two
189		-	present not voting.
190		-	______________________________
191		-	Chief Clerk of the House
192		-	Approved:
193		-	______________________________
194		-	Date
195		-	______________________________
196		-	Governor