2025S0174-1 03/05/25
By: Alvarado S.B. No. 2080
A BILL TO BE ENTITLED
AN ACT
relating to the records, management, and taxation of navigation
districts and certain port and harbor facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter J, Chapter 441, Government Code, is
amended by adding Section 441.1681 to read as follows:
Sec. 441.1681. ELECTRONIC STORAGE OF CERTAIN LOCAL
GOVERNMENT RECORDS. (a) The governing body of a navigation
district or port authority, or a board of trustees described by
Chapter 54, Transportation Code, may establish alternative storage
and retention standards and procedures for records of a navigation
district, port authority, or board of trustees. The rules must
establish:
(1) a process for the port commission of a navigation
district or port authority, or a board of trustees described by
Chapter 54, Transportation Code, to use the alternative storage
standards and procedures;
(2) procedures for the conversion of hard copy
documents retained by the custodian of the navigation district,
port authority, or board of trustees described by Chapter 54,
Transportation Code, to an electronic form and the destruction of
the hard copy documents; and
(3) standards for electronic record management and
preservation of documents retained by the custodian of the
navigation district, port authority, or board of trustees described
by Chapter 54, Transportation Code.
(b) The standards and procedures under this section may not
establish a retention period that is shorter than a retention
period prescribed by a state or federal law, regulation, or rule of
court.
SECTION 2. Subchapter Q, Chapter 60, Water Code, is amended
by adding Section 60.503 to read as follows:
Sec. 60.503. CLOSED MEETINGS. Notwithstanding Section
551.103, Government Code, a port commission is not required to make
a recording of the proceedings of a closed meeting to deliberate
security measures, including cybersecurity measures, related to
the navigation district or port authority.
SECTION 3. Section 60.403(a), Water Code, is amended to
read as follows:
(a) A port commission, an authorized designated officer of
the port commission, the executive director of the district or the
port authority, or an authorized representative of the executive
director may make routine purchases or contracts in an amount not to
exceed $50,000. A port commission may delegate authority to an
authorized designated officer of the port commission, the executive
director of the district or the port authority, or an authorized
representative of the executive director to make routine purchases
or contracts in an amount not to exceed $500,000, which shall be
deemed the amount provided for under this chapter for routine
purchases or contracts authorized for the district or port
authority [$100,000].
SECTION 4. Section 2252.909(a), Government Code, as added
by Chapter 1008 (H.B. 2518), Acts of the 88th Legislature, Regular
Session, 2023, is amended to read as follows:
(a) In this section, "governmental entity" has the meaning
assigned by Section 2253.001, except that the term does not include
a:
(1) navigation district;
(2) port authority; or
(3) board of trustees described by Chapter 54,
Transportation Code.
SECTION 5. Section 54.054, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except for routine purchases and contracts and except as
otherwise provided by this chapter, the board may award a contract
involving the expenditure of funds in excess of the amount
applicable to an expenditure of funds by a municipality under
Section 252.021(a), Local Government Code, only by competitive
bidding.
(c) The board, authorized designated officers of the board,
the general manager or port director, or authorized representatives
of the general manager or port director may make routine purchases
or contracts in an amount not to exceed $50,000. A board may
delegate authority to authorized designated officers of the board,
the general manager or port director, and authorized
representatives of the general manager or port director to make
routine purchases or contracts in an amount not to exceed $500,000,
which shall be deemed the amount provided for under this section for
routine purchases or contracts.
SECTION 6. Section 25.07(e), Tax Code, is amended to read as
follows:
(e) In this section, "navigation-related commerce" includes
the following if engaged in by a person:
(1) an activity that requires the person to hold a
maritime-related license or permit issued by a navigation district,
including providing stevedoring, steamship agency, towing,
tugboat, or line handling services;
(2) an activity that requires the person to hold a
franchise issued by a navigation district;
(3) possessing a leasehold interest in property [owned
by a navigation district] that:
(A) connects infrastructure to a public dock; and
(B) is:
(i) owned by a navigation district; or
(ii) managed and controlled by a board of
trustees described by Chapter 54, Transportation Code;
(4) hauling cargo into or across a public dock;
(5) commercial fishing;
(6) constructing, fabricating, cleaning, repairing,
dismantling, or recycling vessels;
(7) pilotage; [or]
(8) an activity described by Section 60.101, 61.162,
or 63.153, Water Code;
(9) operating a cruise ship terminal facility; or
(10) an activity described by Section 54.003 or
54.053, Transportation Code.
SECTION 7. This Act takes effect September 1, 2025.