Texas 2023 - 88th Regular

Texas House Bill HB2606 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R23659 LRM-D
2	2	By: Canales H.B. No. 2606
3	3	Substitute the following for H.B. No. 2606:
4	4	By: Canales C.S.H.B. No. 2606
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to powers and duties of navigation districts and the
10	10	boards of trustees of municipal port facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 60.403(a), Water Code, is amended to
13	13	read as follows:
14	14	(a) A port commission, an authorized designated officer of
15	15	the port commission, the executive director of the district or the
16	16	port authority, or an authorized representative of the executive
17	17	director may make routine purchases or contracts in an amount not to
18	18	exceed $50,000. A port commission may delegate authority to an
19	19	authorized designated officer of the port commission, the executive
20	20	director of the district or the port authority, or an authorized
21	21	representative of the executive director to make routine purchases
22	22	or contracts in an amount not to exceed $100,000.
23	23	SECTION 2. Section 60.4035(a), Water Code, is amended to
24	24	read as follows:
25	25	(a) Notwithstanding the competitive bidding requirements
26	26	and proposal procedures of this subchapter and Subchapter O and the
27	27	requirements of Sections 60.408(a), (b), (c), (d), and (e), the
28	28	executive director of a district or an officer of a district
29	29	authorized in writing by the port commission may make emergency
30	30	purchases or contracts or emergency amendments to existing purchase
31	31	orders or contracts in an amount that exceeds the amount authorized
32	32	under Section 60.403(a) for routine purchases or contracts if
33	33	necessary:
34	34	(1) to preserve or protect the public health and
35	35	safety of the residents of the district;
36	36	(2) to preserve the property of the district in the
37	37	case of a public calamity;
38	38	(3) to repair unforeseen damage to the property of the
39	39	district; [or]
40	40	(4) to respond to security directives issued by:
41	41	(A) the federal Department of Homeland Security,
42	42	including the Transportation Security Administration;
43	43	(B) the United States Coast Guard;
44	44	(C) the federal Department of Transportation,
45	45	including the Maritime Administration; or
46	46	(D) another federal or state agency responsible
47	47	for domestic security; or
48	48	(5) to respond to an emergency related to supply chain
49	49	disruptions or shortages or other disruptions or stoppages in the
50	50	operation of the district which, without harm to the welfare of the
51	51	district, does not permit the delay incident to the competitive
52	52	process or would result in undue costs to the district.
53	53	SECTION 3. Section 60.412(a), Water Code, is amended to
54	54	read as follows:
55	55	(a) A contract for a purchase is exempt from the competitive
56	56	bidding requirements and proposal procedures of this subchapter and
57	57	Subchapter O if a contract is for the purchase of:
58	58	(1) an item that must be purchased in a case of public
59	59	calamity if it is necessary to make the purchase promptly to relieve
60	60	the necessity of the citizens or to preserve the property of the
61	61	district or port authority;
62	62	(2) an item necessary to preserve or protect the
63	63	public health or the safety of the residents of the district or port
64	64	authority;
65	65	(3) an item made necessary by unforeseen damage to the
66	66	property of the district or port authority;
67	67	(4) a personal or professional service;
68	68	(5) any work performed and paid for by the day as the
69	69	work progresses;
70	70	(6) any land or right-of-way;
71	71	(7) an item that can be obtained only from one source,
72	72	including:
73	73	(A) items for which competition is precluded
74	74	because of the existence of patents, copyrights, secret processes,
75	75	or natural monopolies;
76	76	(B) films, manuscripts, or books;
77	77	(C) public utility services; and
78	78	(D) captive replacement parts or components for
79	79	equipment;
80	80	(8) any item necessary to secure a district or port
81	81	authority during a period of heightened security as determined by:
82	82	(A) the federal Department of Homeland Security,
83	83	including the Transportation Security Administration;
84	84	(B) the United States Coast Guard;
85	85	(C) the United States Bureau of Customs and
86	86	Border Protection;
87	87	(D) the Federal Bureau of Investigation;
88	88	(E) the federal Department of Transportation,
89	89	including the Maritime Administration; or
90	90	(F) another federal, state, or local agency; [or]
91	91	(9) an item from the United States, including any
92	92	agency thereof, or from this state, including an agency of this
93	93	state; or
94	94	(10) an item to respond to an emergency related to
95	95	supply chain disruptions or shortages or other disruptions or
96	96	stoppages in the operation of the district which, without harm to
97	97	the welfare of the district, does not permit the delay incident to
98	98	the competitive process or would result in undue costs to the
99	99	district.
100	100	SECTION 4. Section 62.106(e), Water Code, is amended to
101	101	read as follows:
102	102	(e) A district created under this chapter may elect to take
103	103	advantage of the condemnation procedure provided in Chapter 21,
104	104	Property Code [Subchapter F of Chapter 51 of this code].
105	105	SECTION 5. Section 62.120(a), Water Code, is amended to
106	106	read as follows:
107	107	(a) A district may enter into operating contracts and leases
108	108	with cities and other governmental subdivisions for the operation
109	109	of the portions of the district's water system which are designated
110	110	by the board or the commission.
111	111	SECTION 6. Section 62.122, Water Code, is amended to read as
112	112	follows:
113	113	Sec. 62.122. DISPOSITION OF SALVAGE OR SURPLUS PERSONAL
114	114	PROPERTY. (a) Except as provided by Subsection (b), the commission
115	115	or board of trustees under Chapter 54, Transportation Code, may
116	116	periodically dispose of surplus or salvage personal property in the
117	117	same manner as the commissioners court of a county under Subchapter
118	118	D, Chapter 263, Local Government Code.
119	119	(b) The commission or board of trustees under Chapter 54,
120	120	Transportation Code, may authorize:
121	121	(1) the destruction or disposition of salvage or
122	122	surplus property as worthless if the property is so worn, damaged,
123	123	or obsolete that it has no value for the purpose for which it was
124	124	originally intended, and the expense to the district to attempt to
125	125	sell the property would be more than the proceeds from the sale; and
126	126	(2) following any required action by the United States
127	127	Army Corps of Engineers, the sale of dredge material from a dredge
128	128	material placement area to any person on such terms and conditions
129	129	as the commission or board of trustees considers appropriate or
130	130	advantageous to the district.
131	131	SECTION 7. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2023.