Texas 2021 - 87th Regular

Texas Senate Bill SB1642 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1642
	1	+	87R22184 BRG-F
	2	+	By: Creighton, et al. S.B. No. 1642
	3	+	(Canales)
	4	+	Substitute the following for S.B. No. 1642: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the administration of navigation districts.
6	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	11		SECTION 1. Subchapter D, Chapter 60, Water Code, is amended
8	12		by adding Section 60.0726 to read as follows:
9	13		Sec. 60.0726. FIRES, EXPLOSIONS, AND HAZARDOUS MATERIALS
10	14		INCIDENTS. A district may respond to and fight a fire, explosion,
11	15		or hazardous material incident that occurs on or adjacent to a
12	16		waterway, channel, or turning basin that is located in the
13	17		district's territory, regardless of whether the waterway, channel,
14	18		or turning basin is located in the corporate limits of a
15	19		municipality.
16	20		SECTION 2. Section 60.101, Water Code, is amended by adding
17	21		Subsections (a-1) and (e) and amending Subsection (d) to read as
18	22		follows:
19	23		(a-1) A district may acquire, purchase, lease, maintain,
20	24		repair, and operate facilities and equipment for the purposes of
21	25		protecting life and property by detecting, responding to, and
22	26		fighting fires, explosions, and hazardous materials incidents
23	27		described by Section 60.0726.
24	28		(d) A district may contract with a broker to sell or lease a
25	29		tract of land in the same manner as the commissioners court of a
26	30		county under Section 263.008, Local Government Code.
27	31		(e) A lease that requires the lessee to construct
28	32		improvements on land owned by the district is not a public work
29	33		contract for purposes of Chapter 2253, Government Code.
30	34		SECTION 3. Section 60.103, Water Code, is amended to read as
31	35		follows:
32	36		Sec. 60.103. PRESCRIBING FEES AND CHARGES. The district
33	37		[commission] shall prescribe fees and charges to be collected for
34	38		the use of the land, improvements, and facilities of the district
35	39		and for the use of any land, improvements, or facilities acquired
36	40		under the provisions of this subchapter. The fees and charges shall
37	41		be reasonable, equitable, and sufficient to produce revenue
38	42		necessary to exercise the powers described by Section 60.101 and
39	43		adequate to pay the expenses described by [mentioned in] Section
40	44		60.105 [of this code].
41	45		SECTION 4. Sections 60.172(b), (c), and (d), Water Code,
42	46		are amended to read as follows:
43	47		(b) The commission shall fix a time and place at which a
44	48		public hearing concerning the proposed indebtedness shall be held.
45	49		The date of the hearing shall be not less than seven [15] days nor
46	50		more than 30 days from the date of the resolution of the commission
47	51		giving [the] notice of the hearing date.
48	52		(c) Notice published by the commission under this section
49	53		shall:
50	54		(1) include a statement of the amount and purpose of
51	55		the proposed indebtedness;
52	56		(2) inform all persons of the time and place of
53	57		hearing; and
54	58		(3) inform all persons of their right to express their
55	59		views [appear] at the hearing, orally or in writing, and contend for
56	60		or protest the creation of the indebtedness.
57	61		(d) The secretary of the commission shall publish [post
58	62		copies of] the notice not earlier than the seventh day [for 10 days]
59	63		before the date [day] of the hearing:
60	64		(1) once in a newspaper of general circulation in the
61	65		district's territory that is available to residents of the
62	66		district; and
63	67		(2) on the district's Internet website, if the
64	68		district maintains a website, in an area of that website used to
65	69		inform district residents about events such as public meetings
66	70		[three public places in the district and at the door of each county
67	71		courthouse located in the district].
68	72		SECTION 5. The heading to Section 60.405, Water Code, is
69	73		amended to read as follows:
70	74		Sec. 60.405. PROPOSAL PROCEDURES [COMPETITIVE SEALED
71	75		PROPOSALS].
72	76		SECTION 6. Section 60.405, Water Code, is amended by adding
73	77		Subsection (a-1) to read as follows:
74	78		(a-1) Items that may be purchased under the procedure
75	79		provided by this section include items required in connection with
76	80		a navigation project entered into with the United States.
77	81		SECTION 7. Section 60.463(d-1), Water Code, is amended to
78	82		read as follows:
79	83		(d-1) If a two-step process is used, the district may not
80	84		request prices in the first step. In the second step, the district
81	85		may request that [five or fewer] offerors, selected solely on the
82	86		basis of qualifications, provide additional information, including
83	87		proposed prices.
84	88		SECTION 8. Subchapter Q, Chapter 60, Water Code, is amended
85	89		by adding Section 60.502 to read as follows:
86	90		Sec. 60.502. IMPLIED CONTRACTS. A schedule of rates, fees,
87	91		charges, rules, and ordinances that have been adopted in accordance
88	92		with applicable law or the district's rules, including a limitation
89	93		of liability for cargo loss or damage, that relates to receiving,
90	94		delivering, handling, or storing property at a district facility
91	95		and that is made available to the public on the district's Internet
92	96		website is enforceable by an appropriate court as an implied
93	97		contract between the district and a person using the district's
94	98		facilities without proof of actual knowledge of the schedule's
95	99		provisions.
96	100		SECTION 9. Sections 62.123(b) and (d), Water Code, are
97	101		amended to read as follows:
98	102		(b) No franchise shall be granted for longer than 50 years
99	103		nor shall a franchise be granted except on the affirmative vote of a
100	104		majority of the commissioners present at a meeting [three separate
101	105		meetings] of the commission [which meetings may not be closer
102	106		together than one week].
103	107		(d) The franchise shall require the grantee to file the
104	108		grantee's written acceptance of the franchise within 30 days after
105	109		the franchise is granted [finally approved] by the commission.
106	110		SECTION 10. Section 60.172(e), Water Code, is repealed.
107	111		SECTION 11. This Act takes effect immediately if it
108	112		receives a vote of two-thirds of all the members elected to each
109	113		house, as provided by Section 39, Article III, Texas Constitution.
110	114		If this Act does not receive the vote necessary for immediate
111	115		effect, this Act takes effect September 1, 2021.
112		-	______________________________ ______________________________
113		-	President of the Senate Speaker of the House
114		-	I hereby certify that S.B. No. 1642 passed the Senate on
115		-	April 19, 2021, by the following vote: Yeas 30, Nays 1; and that
116		-	the Senate concurred in House amendment on May 27, 2021, by the
117		-	following vote: Yeas 30, Nays 1.
118		-	______________________________
119		-	Secretary of the Senate
120		-	I hereby certify that S.B. No. 1642 passed the House, with
121		-	amendment, on May 14, 2021, by the following vote: Yeas 136,
122		-	Nays 9, two present not voting.
123		-	______________________________
124		-	Chief Clerk of the House
125		-	Approved:
126		-	______________________________
127		-	Date
128		-	______________________________
129		-	Governor