| 1 | 1 | | 88R10926 LRM-F |
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| 2 | 2 | | By: Manuel H.B. No. 4711 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to improvement projects of the Sabine-Neches Navigation |
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| 8 | 8 | | District of Jefferson County, Texas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 6B(b), (c), and (e), Chapter 1472, Acts |
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| 11 | 11 | | of the 77th Legislature, Regular Session, 2001, are amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (b) The district is the project sponsor of the existing |
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| 14 | 14 | | Sabine-Neches Waterway and any [the] improvement project |
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| 15 | 15 | | authorized by the Water Resources Reform and Development Act of |
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| 16 | 16 | | 2014 (Pub. L. No. 113-121) or any other federal development |
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| 17 | 17 | | initiative to improve an existing facility of the district, [and] |
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| 18 | 18 | | deepen the Sabine-Neches Waterway, or widen the Sabine-Neches |
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| 19 | 19 | | Waterway. The district is also the nonfederal cost-sharing sponsor |
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| 20 | 20 | | of an [the] improvement project under this section. The commission |
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| 21 | 21 | | shall make a determination on matters that may be required or |
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| 22 | 22 | | desirable as a project sponsor to implement an [the] improvement |
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| 23 | 23 | | project under this section. |
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| 24 | 24 | | (c) In the district's capacity as the project sponsor of an |
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| 25 | 25 | | [the] improvement project under this section, the district is |
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| 26 | 26 | | authorized to enter into any contract, agreement, including an |
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| 27 | 27 | | economic development agreement, or lease as necessary or convenient |
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| 28 | 28 | | to carry out any of the district's powers granted under this |
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| 29 | 29 | | section. A contract, agreement, or lease, including any amendments |
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| 30 | 30 | | to a contract, agreement, or lease, may provide any terms and |
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| 31 | 31 | | conditions, and be for any term of years, as the commission |
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| 32 | 32 | | determines are in the best interests of the district. The contract, |
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| 33 | 33 | | agreement, or lease may be entered into with any person, political |
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| 34 | 34 | | subdivision, or governmental agency, including the United States, |
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| 35 | 35 | | the secretary of the army or the secretary of the army's designees, |
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| 36 | 36 | | the Army Corps of Engineers, any local government, any county |
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| 37 | 37 | | government, any special district or authority, any local government |
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| 38 | 38 | | corporation, any transportation corporation, any tax increment |
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| 39 | 39 | | reinvestment zone, the State of Texas, any agency of the State of |
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| 40 | 40 | | Texas, and any other entity. The district is authorized to enter |
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| 41 | 41 | | into contracts with a private entity to develop or operate any part |
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| 42 | 42 | | of an [the] improvement project under Chapter 2267, Government |
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| 43 | 43 | | Code, and those contracts may provide that the private entity: |
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| 44 | 44 | | (1) perform all or any part of the district's |
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| 45 | 45 | | obligations under contracts or agreements with the United States; |
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| 46 | 46 | | and |
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| 47 | 47 | | (2) use revenue or other money from the improvement |
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| 48 | 48 | | project to prepay for duties or tariffs, including duties or |
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| 49 | 49 | | tariffs that may not be effective until the improvement project is |
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| 50 | 50 | | partially or wholly completed, which may be credited against future |
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| 51 | 51 | | duties or tariffs. |
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| 52 | 52 | | (e) The district is not required to obtain approval from the |
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| 53 | 53 | | Texas Commission on Environmental Quality for the district's |
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| 54 | 54 | | contracts or financing related to an [the] improvement project |
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| 55 | 55 | | under this section. Any contracts or agreements of the district may |
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| 56 | 56 | | be renewed or extended, and any time warrants or maintenance notes |
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| 57 | 57 | | may be refunded in the manner provided by general law. |
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| 58 | 58 | | SECTION 2. (a) The legislature validates and confirms all |
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| 59 | 59 | | governmental acts and proceedings of the Sabine-Neches Navigation |
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| 60 | 60 | | District of Jefferson County that were taken before the effective |
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| 61 | 61 | | date of this Act. |
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| 62 | 62 | | (b) This section does not apply to any matter that on the |
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| 63 | 63 | | effective date of this Act: |
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| 64 | 64 | | (1) is involved in litigation if the litigation |
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| 65 | 65 | | ultimately results in the matter being held invalid by a final court |
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| 66 | 66 | | judgment; or |
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| 67 | 67 | | (2) has been held invalid by a final court judgment. |
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| 68 | 68 | | SECTION 3. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2023. |
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