Texas 2023 - 88th Regular

Texas Senate Bill SB1500 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1500
2	2
3	3
4	4	AN ACT
5	5	relating to powers and duties of navigation districts and the
6	6	boards of trustees of municipal port facilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 60.403(a), Water Code, is amended to
9	9	read as follows:
10	10	(a) A port commission, an authorized designated officer of
11	11	the port commission, the executive director of the district or the
12	12	port authority, or an authorized representative of the executive
13	13	director may make routine purchases or contracts in an amount not to
14	14	exceed $50,000. A port commission may delegate authority to an
15	15	authorized designated officer of the port commission, the executive
16	16	director of the district or the port authority, or an authorized
17	17	representative of the executive director to make routine purchases
18	18	or contracts in an amount not to exceed $100,000.
19	19	SECTION 2. Section 60.4035(a), Water Code, is amended to
20	20	read as follows:
21	21	(a) Notwithstanding the competitive bidding requirements
22	22	and proposal procedures of this subchapter and Subchapter O and the
23	23	requirements of Sections 60.408(a), (b), (c), (d), and (e), the
24	24	executive director of a district or an officer of a district
25	25	authorized in writing by the port commission may make emergency
26	26	purchases or contracts or emergency amendments to existing purchase
27	27	orders or contracts in an amount that exceeds the amount authorized
28	28	under Section 60.403(a) for routine purchases or contracts if
29	29	necessary:
30	30	(1) to preserve or protect the public health and
31	31	safety of the residents of the district;
32	32	(2) to preserve the property of the district in the
33	33	case of a public calamity;
34	34	(3) to repair unforeseen damage to the property of the
35	35	district; [or]
36	36	(4) to respond to security directives issued by:
37	37	(A) the federal Department of Homeland Security,
38	38	including the Transportation Security Administration;
39	39	(B) the United States Coast Guard;
40	40	(C) the federal Department of Transportation,
41	41	including the Maritime Administration; or
42	42	(D) another federal or state agency responsible
43	43	for domestic security; or
44	44	(5) to respond to an emergency related to supply chain
45	45	disruptions or shortages or other disruptions or stoppages in the
46	46	operation of the district which, without harm to the welfare of the
47	47	district, does not permit the delay incident to the competitive
48	48	process or would result in undue costs to the district.
49	49	SECTION 3. Section 60.412(a), Water Code, is amended to
50	50	read as follows:
51	51	(a) A contract for a purchase is exempt from the competitive
52	52	bidding requirements and proposal procedures of this subchapter and
53	53	Subchapter O if a contract is for the purchase of:
54	54	(1) an item that must be purchased in a case of public
55	55	calamity if it is necessary to make the purchase promptly to relieve
56	56	the necessity of the citizens or to preserve the property of the
57	57	district or port authority;
58	58	(2) an item necessary to preserve or protect the
59	59	public health or the safety of the residents of the district or port
60	60	authority;
61	61	(3) an item made necessary by unforeseen damage to the
62	62	property of the district or port authority;
63	63	(4) a personal or professional service;
64	64	(5) any work performed and paid for by the day as the
65	65	work progresses;
66	66	(6) any land or right-of-way;
67	67	(7) an item that can be obtained only from one source,
68	68	including:
69	69	(A) items for which competition is precluded
70	70	because of the existence of patents, copyrights, secret processes,
71	71	or natural monopolies;
72	72	(B) films, manuscripts, or books;
73	73	(C) public utility services; and
74	74	(D) captive replacement parts or components for
75	75	equipment;
76	76	(8) any item necessary to secure a district or port
77	77	authority during a period of heightened security as determined by:
78	78	(A) the federal Department of Homeland Security,
79	79	including the Transportation Security Administration;
80	80	(B) the United States Coast Guard;
81	81	(C) the United States Bureau of Customs and
82	82	Border Protection;
83	83	(D) the Federal Bureau of Investigation;
84	84	(E) the federal Department of Transportation,
85	85	including the Maritime Administration; or
86	86	(F) another federal, state, or local agency; [or]
87	87	(9) an item from the United States, including any
88	88	agency thereof, or from this state, including an agency of this
89	89	state; or
90	90	(10) an item to respond to an emergency related to
91	91	supply chain disruptions or shortages or other disruptions or
92	92	stoppages in the operation of the district which, without harm to
93	93	the welfare of the district, does not permit the delay incident to
94	94	the competitive process or would result in undue costs to the
95	95	district.
96	96	SECTION 4. Section 62.106(e), Water Code, is amended to
97	97	read as follows:
98	98	(e) A district created under this chapter may elect to take
99	99	advantage of the condemnation procedure provided in Chapter 21,
100	100	Property Code [Subchapter F of Chapter 51 of this code].
101	101	SECTION 5. Section 62.120(a), Water Code, is amended to
102	102	read as follows:
103	103	(a) A district may enter into operating contracts and leases
104	104	with cities and other governmental subdivisions for the operation
105	105	of the portions of the district's water system which are designated
106	106	by the board or the commission.
107	107	SECTION 6. Section 62.122, Water Code, is amended to read as
108	108	follows:
109	109	Sec. 62.122. DISPOSITION OF SALVAGE OR SURPLUS PERSONAL
110	110	PROPERTY. (a) Except as provided by Subsection (b), the commission
111	111	or board of trustees under Chapter 54, Transportation Code, may
112	112	periodically dispose of surplus or salvage personal property in the
113	113	same manner as the commissioners court of a county under Subchapter
114	114	D, Chapter 263, Local Government Code.
115	115	(b) The commission or board of trustees under Chapter 54,
116	116	Transportation Code, may authorize:
117	117	(1) the destruction or disposition of salvage or
118	118	surplus property as worthless if the property is so worn, damaged,
119	119	or obsolete that it has no value for the purpose for which it was
120	120	originally intended, and the expense to the district to attempt to
121	121	sell the property would be more than the proceeds from the sale; and
122	122	(2) following any required action by the United States
123	123	Army Corps of Engineers, the sale of dredge material from a dredge
124	124	material placement area to any person on such terms and conditions
125	125	as the commission or board of trustees considers appropriate or
126	126	advantageous to the district.
127	127	SECTION 7. This Act takes effect immediately if it receives
128	128	a vote of two-thirds of all the members elected to each house, as
129	129	provided by Section 39, Article III, Texas Constitution. If this
130	130	Act does not receive the vote necessary for immediate effect, this
131	131	Act takes effect September 1, 2023.
132	132	______________________________ ______________________________
133	133	President of the Senate Speaker of the House
134	134	I hereby certify that S.B. No. 1500 passed the Senate on
135	135	April 3, 2023, by the following vote: Yeas 31, Nays 0;
136	136	May 9, 2023, Senate refused to concur in House amendments and
137	137	requested appointment of Conference Committee; May 15, 2023, House
138	138	granted request of the Senate; May 26, 2023, Senate adopted
139	139	Conference Committee Report by the following vote: Yeas 31,
140	140	Nays 0.
141	141	______________________________
142	142	Secretary of the Senate
143	143	I hereby certify that S.B. No. 1500 passed the House, with
144	144	amendments, on May 6, 2023, by the following vote: Yeas 135,
145	145	Nays 3, one present not voting; May 15, 2023, House granted request
146	146	of the Senate for appointment of Conference Committee;
147	147	May 25, 2023, House adopted Conference Committee Report by the
148	148	following vote: Yeas 142, Nays 1, two present not voting.
149	149	______________________________
150	150	Chief Clerk of the House
151	151	Approved:
152	152	______________________________
153	153	Date
154	154	______________________________
155	155	Governor