By: Creighton, Hagenbuch S.B. No. 1745
(In the Senate - Filed February 28, 2025; March 13, 2025,
read first time and referred to Committee on Transportation;
April 14, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 14, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1745 By: Hinojosa of Hidalgo
A BILL TO BE ENTITLED
AN ACT
relating to the name, rights, powers, and privileges of the Cedar
Port Navigation and Improvement District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 3854, Special District
Local Laws Code, is amended to read as follows:
CHAPTER 3854. CEDAR PORT NAVIGATION AND IMPROVEMENT DISTRICT
[CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1]
SECTION 2. Section 3854.001(3), Special District Local Laws
Code, is amended to read as follows:
(3) "District" means the Cedar Port Navigation and
Improvement District [Chambers County Improvement District No. 1].
SECTION 3. Section 3854.002, Special District Local Laws
Code, is amended to read as follows:
Sec. 3854.002. NATURE OF DISTRICT. A special district
known as the "Cedar Port Navigation and Improvement District"
["Chambers County Improvement District No. 1"] is a political
subdivision of this state.
SECTION 4. Section 3854.151, Special District Local Laws
Code, is amended to read as follows:
Sec. 3854.151. GENERAL POWERS. The district has:
(1) all the rights, powers, and privileges conferred
by the general law of this state applicable to districts created
under:
(A) Chapter 375, Local Government Code;
(B) Chapter 172, Transportation Code, or Chapter
623, Acts of the 67th Legislature, Regular Session, 1981 (former
Article 6550c, Vernon's Texas Civil Statutes);
(C) Chapter 441, Transportation Code; and
(D) Chapters 49 and [Chapter] 54, Water Code;
(2) the rights, powers, and privileges granted to
districts by:
(A) [Subchapters E and M,] Chapter 60, Water
Code; and
(B) Sections [Section] 61.116 and 62.118, Water
Code; and
(3) all the powers granted to municipal management
districts under Sections 375.092 and 375.111, Local Government
Code, to provide any services or for any project the district is
authorized to acquire, construct, or improve under this chapter.
SECTION 5. Subchapter D, Chapter 3854, Special District
Local Laws Code, is amended by adding Section 3854.1515 to read as
follows:
Sec. 3854.1515. ACTING AS NONFEDERAL SPONSOR. If authorized
by the United States, notwithstanding Section 60.033, Water Code,
or any other state law, the district may exercise all rights,
powers, and privileges necessary to allow the district to act as a
nonfederal sponsor under a federal project partnership agreement,
including by operating barges, engaging in dredging, and engaging
in related maritime operations on water that is not in the territory
of the district.
SECTION 6. Section 3854.153, Special District Local Laws
Code, is amended to read as follows:
Sec. 3854.153. AUTHORITY TO ACQUIRE INTEREST IN LAND. The
district may acquire any interest in land in accordance with
Chapter 49, [Chapter] 54, or 60, Water Code.
SECTION 7. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 8. 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, 2025.
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