BILL ANALYSIS S.B. 1745 By: Creighton Transportation Committee Report (Unamended) BACKGROUND AND PURPOSE The bill sponsor has informed the committee of the need to update and clarify the powers and legal framework governing the Cedar Port Navigation and Improvement District, which plays a key role in supporting industrial development and port operations along the Houston Ship Channel and is still referred to in statute by its former name of Chambers County Improvement District No. 1. S.B. 1745 seeks to address this need by revising the district's governing provisions, including by updating the district's name, in order to ensure that such provisions align with current state and federal requirements, which is necessary for securing congressional authorization for infrastructure projects, and to strengthen the district's ability to compete for federal funding and advance key projects supporting the state's growing shipping and industrial sectors. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 1745 amends the Special District Local Laws Code to rename the Chambers County Improvement District No. 1 as the Cedar Port Navigation and Improvement District. The bill specifies that the district has the following rights, powers, and privileges: all the rights, powers, and privileges conferred by the general law of the state applicable to districts created under Water Code provisions generally applicable to certain water districts; and the rights, powers, and privileges granted to Article XVI, Section 59, navigation districts by Water Code provisions relating to cooperation with the United States for applicable improvement work. The bill revises the provision specifying the rights, powers, and privileges granted to the district by statutory provisions governing navigation districts in general by including all such rights, powers, and privileges granted under those provisions and not just those granted under provisions relating to navigation district powers for the improvement of port facilities or relating to district tax bonds, revenue bonds, and combination tax and revenue bonds. S.B. 1745 authorizes the district, if authorized by the United States, to 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 district's territory. The bill specifies that this authorization applies notwithstanding any other state law, including Water Code provisions that do the following: establish that provisions relating to additional powers and duties of certain navigation districts do not authorize a district to borrow or receive money or to levy taxes for the purpose of building tugs, barges, scows, dredges, pile drivers, or other floating equipment for use on the water of the United States other than water coming under the jurisdiction of the district or water necessarily adjunctive to the use of the district, as set forth in specified statutory provisions; and require dredges or other equipment, whether owned or leased, to be confined to use on water under control of the district or a necessary adjunctive part of the district and prohibit the dredges and equipment from being used in any work or service on any state or federal waterway which is not a necessary adjunctive part of the district. S.B. 1745 expands the provisions in accordance with which the district may acquire any interest in land to include provisions generally applicable to certain water districts and provisions governing navigation districts in general. S.B. 1745 establishes that all applicable requirements relating to the following have been fulfilled and accomplished with respect to the bill: the legal notice of intention to introduce; governor action; Texas Commission on Environmental Quality recommendations; and the state constitution and laws and legislative rules and procedures. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 1745
By: Creighton
Transportation
Committee Report (Unamended)
S.B. 1745
By: Creighton
Transportation
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill sponsor has informed the committee of the need to update and clarify the powers and legal framework governing the Cedar Port Navigation and Improvement District, which plays a key role in supporting industrial development and port operations along the Houston Ship Channel and is still referred to in statute by its former name of Chambers County Improvement District No. 1. S.B. 1745 seeks to address this need by revising the district's governing provisions, including by updating the district's name, in order to ensure that such provisions align with current state and federal requirements, which is necessary for securing congressional authorization for infrastructure projects, and to strengthen the district's ability to compete for federal funding and advance key projects supporting the state's growing shipping and industrial sectors.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 1745 amends the Special District Local Laws Code to rename the Chambers County Improvement District No. 1 as the Cedar Port Navigation and Improvement District. The bill specifies that the district has the following rights, powers, and privileges: all the rights, powers, and privileges conferred by the general law of the state applicable to districts created under Water Code provisions generally applicable to certain water districts; and the rights, powers, and privileges granted to Article XVI, Section 59, navigation districts by Water Code provisions relating to cooperation with the United States for applicable improvement work. The bill revises the provision specifying the rights, powers, and privileges granted to the district by statutory provisions governing navigation districts in general by including all such rights, powers, and privileges granted under those provisions and not just those granted under provisions relating to navigation district powers for the improvement of port facilities or relating to district tax bonds, revenue bonds, and combination tax and revenue bonds. S.B. 1745 authorizes the district, if authorized by the United States, to 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 district's territory. The bill specifies that this authorization applies notwithstanding any other state law, including Water Code provisions that do the following: establish that provisions relating to additional powers and duties of certain navigation districts do not authorize a district to borrow or receive money or to levy taxes for the purpose of building tugs, barges, scows, dredges, pile drivers, or other floating equipment for use on the water of the United States other than water coming under the jurisdiction of the district or water necessarily adjunctive to the use of the district, as set forth in specified statutory provisions; and require dredges or other equipment, whether owned or leased, to be confined to use on water under control of the district or a necessary adjunctive part of the district and prohibit the dredges and equipment from being used in any work or service on any state or federal waterway which is not a necessary adjunctive part of the district. S.B. 1745 expands the provisions in accordance with which the district may acquire any interest in land to include provisions generally applicable to certain water districts and provisions governing navigation districts in general. S.B. 1745 establishes that all applicable requirements relating to the following have been fulfilled and accomplished with respect to the bill: the legal notice of intention to introduce; governor action; Texas Commission on Environmental Quality recommendations; and the state constitution and laws and legislative rules and procedures.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BACKGROUND AND PURPOSE
The bill sponsor has informed the committee of the need to update and clarify the powers and legal framework governing the Cedar Port Navigation and Improvement District, which plays a key role in supporting industrial development and port operations along the Houston Ship Channel and is still referred to in statute by its former name of Chambers County Improvement District No. 1. S.B. 1745 seeks to address this need by revising the district's governing provisions, including by updating the district's name, in order to ensure that such provisions align with current state and federal requirements, which is necessary for securing congressional authorization for infrastructure projects, and to strengthen the district's ability to compete for federal funding and advance key projects supporting the state's growing shipping and industrial sectors.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 1745 amends the Special District Local Laws Code to rename the Chambers County Improvement District No. 1 as the Cedar Port Navigation and Improvement District. The bill specifies that the district has the following rights, powers, and privileges:
all the rights, powers, and privileges conferred by the general law of the state applicable to districts created under Water Code provisions generally applicable to certain water districts; and
the rights, powers, and privileges granted to Article XVI, Section 59, navigation districts by Water Code provisions relating to cooperation with the United States for applicable improvement work.
The bill revises the provision specifying the rights, powers, and privileges granted to the district by statutory provisions governing navigation districts in general by including all such rights, powers, and privileges granted under those provisions and not just those granted under provisions relating to navigation district powers for the improvement of port facilities or relating to district tax bonds, revenue bonds, and combination tax and revenue bonds.
S.B. 1745 authorizes the district, if authorized by the United States, to 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 district's territory. The bill specifies that this authorization applies notwithstanding any other state law, including Water Code provisions that do the following:
establish that provisions relating to additional powers and duties of certain navigation districts do not authorize a district to borrow or receive money or to levy taxes for the purpose of building tugs, barges, scows, dredges, pile drivers, or other floating equipment for use on the water of the United States other than water coming under the jurisdiction of the district or water necessarily adjunctive to the use of the district, as set forth in specified statutory provisions; and
require dredges or other equipment, whether owned or leased, to be confined to use on water under control of the district or a necessary adjunctive part of the district and prohibit the dredges and equipment from being used in any work or service on any state or federal waterway which is not a necessary adjunctive part of the district.
S.B. 1745 expands the provisions in accordance with which the district may acquire any interest in land to include provisions generally applicable to certain water districts and provisions governing navigation districts in general.
S.B. 1745 establishes that all applicable requirements relating to the following have been fulfilled and accomplished with respect to the bill:
the legal notice of intention to introduce;
governor action;
Texas Commission on Environmental Quality recommendations; and
the state constitution and laws and legislative rules and procedures.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.