88R3644 LRM-F
By: Canales H.B. No. 2606
A BILL TO BE ENTITLED
AN ACT
relating to powers and duties of navigation districts and the
boards of trustees of municipal port facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 60.003, Water Code, is amended to read as
follows:
Sec. 60.003. AUTHORITY TO CONTRACT FOR THE OPERATION OR
DEVELOPMENT OF A DISTRICT. (a) A district may contract with any
person, foreign or domestic, necessary or convenient to the
operation or development of the district's ports and waterways.
(b) A district that elects to operate under Chapter 2267,
Government Code, is not prohibited from entering into an agreement
for or procuring public or private facilities and infrastructure
under other statutory authority.
SECTION 2. Subchapter C, Chapter 60, Water Code, is amended
by adding Section 60.0321 to read as follows:
Sec. 60.0321. AUTHORITY TO ISSUE CONTRACTS. (a) A district
may:
(1) contract with a person for the joint construction,
financing, ownership, and operation of facilities described by
Section 60.101 as necessary to accomplish any purpose or function
permitted by the district; or
(2) purchase an interest in a project used for any
purpose or function permitted by the district.
(b) A district may enter into a contract with a person on the
terms and conditions the commission considers desirable to:
(1) develop land and property within the district
through the purchase, construction, or installation of facilities
described by Section 60.101, so that all of the land and property
may receive the services of the facility;
(2) maintain and operate:
(A) a port of the district; or
(B) a public or private entity that furthers the
district's purpose; and
(3) exercise any other right, power, or duty granted
to the district.
SECTION 3. Section 60.403, Water Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A port commission[, an authorized designated officer of
the port commission, the executive director of the district or the
port authority, or an authorized representative of the executive
director] may make routine purchases or contracts in an amount not
to exceed $50,000.
(a-1) A port commission may delegate authority to an
authorized designated officer of the port commission, the executive
director of the district or the port authority, or an authorized
representative of the executive director to make routine purchases
or contracts in an amount not to exceed $100,000.
SECTION 4. Section 60.4035(a), Water Code, is amended to
read as follows:
(a) Notwithstanding the competitive bidding requirements
and proposal procedures of this subchapter and Subchapter O and the
requirements of Sections 60.408(a), (b), (c), (d), and (e), the
executive director of a district or an officer of a district
authorized in writing by the port commission may make emergency
purchases or contracts or emergency amendments to existing purchase
orders or contracts in an amount that exceeds the amount authorized
under Section 60.403(a) for routine purchases or contracts if
necessary:
(1) to preserve or protect the public health and
safety of the residents of the district;
(2) to preserve the property of the district in the
case of a public calamity;
(3) to repair unforeseen damage to the property of the
district; [or]
(4) to respond to security directives issued by:
(A) the federal Department of Homeland Security,
including the Transportation Security Administration;
(B) the United States Coast Guard;
(C) the federal Department of Transportation,
including the Maritime Administration; or
(D) another federal or state agency responsible
for domestic security; or
(5) to respond to an emergency for which the public
exigency does not permit the delay incident to the competitive
process.
SECTION 5. Section 60.412(a), Water Code, is amended to
read as follows:
(a) A contract for a purchase is exempt from the competitive
bidding requirements and proposal procedures of this subchapter and
Subchapter O if a contract is for the purchase of:
(1) an item that must be purchased in a case of public
calamity if it is necessary to make the purchase promptly to relieve
the necessity of the citizens or to preserve the property of the
district or port authority;
(2) an item necessary to preserve or protect the
public health or the safety of the residents of the district or port
authority;
(3) an item made necessary by unforeseen damage to the
property of the district or port authority;
(4) a personal or professional service;
(5) any work performed and paid for by the day as the
work progresses;
(6) any land or right-of-way;
(7) an item that can be obtained only from one source,
including:
(A) items for which competition is precluded
because of the existence of patents, copyrights, secret processes,
or natural monopolies;
(B) films, manuscripts, or books;
(C) public utility services; and
(D) captive replacement parts or components for
equipment;
(8) any item necessary to secure a district or port
authority during a period of heightened security as determined by:
(A) the federal Department of Homeland Security,
including the Transportation Security Administration;
(B) the United States Coast Guard;
(C) the United States Bureau of Customs and
Border Protection;
(D) the Federal Bureau of Investigation;
(E) the federal Department of Transportation,
including the Maritime Administration; or
(F) another federal, state, or local agency; [or]
(9) an item from the United States, including any
agency thereof, or from this state, including an agency of this
state; or
(10) an item to respond to an emergency for which the
public exigency does not permit the delay incident to the
competitive process.
SECTION 6. Subchapter Q, Chapter 60, Water Code, is amended
by adding Sections 60.503 and 60.504 to read as follows:
Sec. 60.503. COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS.
(a) In this section:
(1) "Historically underutilized business" has the
meaning assigned by Section 2161.001, Government Code.
(2) "Local business" means a business concern with a
principal place of business in the local area of a district, as
determined by the port commission.
(3) "Small business" has the meaning assigned by
Section 5.135(g).
(b) To stimulate business and commercial activity within a
district, a district may develop and administer a program to:
(1) develop the local economy;
(2) develop small businesses or historically
underutilized businesses;
(3) promote or advertise the district; or
(4) improve the extent to which local businesses,
small businesses, and other historically underutilized businesses
are awarded district contracts.
(c) To develop or administer a program under this section, a
district may:
(1) contract with another entity;
(2) use district funds or employees; and
(3) accept contributions, gifts, or other resources.
(d) A program established under this section may set
contract percentage goals for participation by local businesses,
small businesses, and historically underutilized businesses in
public contract awards by the district.
Sec. 60.504. RIGHT TO REJECT ALL BIDS. A district that
requests bids or proposals under any of the methods provided by this
chapter may reject any and all bids or proposals submitted.
SECTION 7. Section 62.106(e), Water Code, is amended to
read as follows:
(e) A district created under this chapter may elect to take
advantage of the condemnation procedure provided in Chapter 21,
Property Code [Subchapter F of Chapter 51 of this code].
SECTION 8. Section 62.120(a), Water Code, is amended to
read as follows:
(a) A district may enter into operating contracts and leases
with cities and other governmental subdivisions for the operation
of the portions of the district's water system which are designated
by the board or the commission.
SECTION 9. Section 62.122, Water Code, is amended to read as
follows:
Sec. 62.122. DISPOSITION OF SALVAGE OR SURPLUS PERSONAL
PROPERTY. (a) Except as provided by Subsection (b), the commission
or board of trustees under Chapter 54, Transportation Code, may
periodically dispose of surplus or salvage personal property in the
same manner as the commissioners court of a county under Subchapter
D, Chapter 263, Local Government Code.
(b) The commission or board of trustees under Chapter 54,
Transportation Code, may authorize:
(1) the destruction or disposition of salvage or
surplus property as worthless if the property is so worn, damaged,
or obsolete that it has no value for the purpose for which it was
originally intended, and the expense to the district to attempt to
sell the property would be more than the proceeds from the sale; and
(2) the sale of dredge material from a dredge material
placement area to any person on such terms and conditions as the
commission or board of trustees considers appropriate or
advantageous to the district.
SECTION 10. 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, 2023.