1 | 1 | | 2025S0174-1 03/05/25 |
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2 | 2 | | By: Alvarado S.B. No. 2080 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the records, management, and taxation of navigation |
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10 | 10 | | districts and certain port and harbor facilities. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter J, Chapter 441, Government Code, is |
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13 | 13 | | amended by adding Section 441.1681 to read as follows: |
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14 | 14 | | Sec. 441.1681. ELECTRONIC STORAGE OF CERTAIN LOCAL |
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15 | 15 | | GOVERNMENT RECORDS. (a) The governing body of a navigation |
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16 | 16 | | district or port authority, or a board of trustees described by |
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17 | 17 | | Chapter 54, Transportation Code, may establish alternative storage |
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18 | 18 | | and retention standards and procedures for records of a navigation |
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19 | 19 | | district, port authority, or board of trustees. The rules must |
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20 | 20 | | establish: |
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21 | 21 | | (1) a process for the port commission of a navigation |
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22 | 22 | | district or port authority, or a board of trustees described by |
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23 | 23 | | Chapter 54, Transportation Code, to use the alternative storage |
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24 | 24 | | standards and procedures; |
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25 | 25 | | (2) procedures for the conversion of hard copy |
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26 | 26 | | documents retained by the custodian of the navigation district, |
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27 | 27 | | port authority, or board of trustees described by Chapter 54, |
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28 | 28 | | Transportation Code, to an electronic form and the destruction of |
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29 | 29 | | the hard copy documents; and |
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30 | 30 | | (3) standards for electronic record management and |
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31 | 31 | | preservation of documents retained by the custodian of the |
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32 | 32 | | navigation district, port authority, or board of trustees described |
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33 | 33 | | by Chapter 54, Transportation Code. |
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34 | 34 | | (b) The standards and procedures under this section may not |
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35 | 35 | | establish a retention period that is shorter than a retention |
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36 | 36 | | period prescribed by a state or federal law, regulation, or rule of |
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37 | 37 | | court. |
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38 | 38 | | SECTION 2. Subchapter Q, Chapter 60, Water Code, is amended |
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39 | 39 | | by adding Section 60.503 to read as follows: |
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40 | 40 | | Sec. 60.503. CLOSED MEETINGS. Notwithstanding Section |
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41 | 41 | | 551.103, Government Code, a port commission is not required to make |
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42 | 42 | | a recording of the proceedings of a closed meeting to deliberate |
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43 | 43 | | security measures, including cybersecurity measures, related to |
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44 | 44 | | the navigation district or port authority. |
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45 | 45 | | SECTION 3. Section 60.403(a), Water Code, is amended to |
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46 | 46 | | read as follows: |
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47 | 47 | | (a) A port commission, an authorized designated officer of |
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48 | 48 | | the port commission, the executive director of the district or the |
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49 | 49 | | port authority, or an authorized representative of the executive |
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50 | 50 | | director may make routine purchases or contracts in an amount not to |
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51 | 51 | | exceed $50,000. A port commission may delegate authority to an |
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52 | 52 | | authorized designated officer of the port commission, the executive |
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53 | 53 | | director of the district or the port authority, or an authorized |
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54 | 54 | | representative of the executive director to make routine purchases |
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55 | 55 | | or contracts in an amount not to exceed $500,000, which shall be |
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56 | 56 | | deemed the amount provided for under this chapter for routine |
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57 | 57 | | purchases or contracts authorized for the district or port |
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58 | 58 | | authority [$100,000]. |
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59 | 59 | | SECTION 4. Section 2252.909(a), Government Code, as added |
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60 | 60 | | by Chapter 1008 (H.B. 2518), Acts of the 88th Legislature, Regular |
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61 | 61 | | Session, 2023, is amended to read as follows: |
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62 | 62 | | (a) In this section, "governmental entity" has the meaning |
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63 | 63 | | assigned by Section 2253.001, except that the term does not include |
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64 | 64 | | a: |
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65 | 65 | | (1) navigation district; |
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66 | 66 | | (2) port authority; or |
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67 | 67 | | (3) board of trustees described by Chapter 54, |
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68 | 68 | | Transportation Code. |
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69 | 69 | | SECTION 5. Section 54.054, Transportation Code, is amended |
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70 | 70 | | by amending Subsection (a) and adding Subsection (c) to read as |
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71 | 71 | | follows: |
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72 | 72 | | (a) Except for routine purchases and contracts and except as |
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73 | 73 | | otherwise provided by this chapter, the board may award a contract |
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74 | 74 | | involving the expenditure of funds in excess of the amount |
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75 | 75 | | applicable to an expenditure of funds by a municipality under |
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76 | 76 | | Section 252.021(a), Local Government Code, only by competitive |
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77 | 77 | | bidding. |
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78 | 78 | | (c) The board, authorized designated officers of the board, |
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79 | 79 | | the general manager or port director, or authorized representatives |
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80 | 80 | | of the general manager or port director may make routine purchases |
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81 | 81 | | or contracts in an amount not to exceed $50,000. A board may |
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82 | 82 | | delegate authority to authorized designated officers of the board, |
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83 | 83 | | the general manager or port director, and authorized |
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84 | 84 | | representatives of the general manager or port director to make |
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85 | 85 | | routine purchases or contracts in an amount not to exceed $500,000, |
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86 | 86 | | which shall be deemed the amount provided for under this section for |
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87 | 87 | | routine purchases or contracts. |
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88 | 88 | | SECTION 6. Section 25.07(e), Tax Code, is amended to read as |
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89 | 89 | | follows: |
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90 | 90 | | (e) In this section, "navigation-related commerce" includes |
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91 | 91 | | the following if engaged in by a person: |
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92 | 92 | | (1) an activity that requires the person to hold a |
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93 | 93 | | maritime-related license or permit issued by a navigation district, |
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94 | 94 | | including providing stevedoring, steamship agency, towing, |
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95 | 95 | | tugboat, or line handling services; |
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96 | 96 | | (2) an activity that requires the person to hold a |
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97 | 97 | | franchise issued by a navigation district; |
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98 | 98 | | (3) possessing a leasehold interest in property [owned |
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99 | 99 | | by a navigation district] that: |
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100 | 100 | | (A) connects infrastructure to a public dock; and |
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101 | 101 | | (B) is: |
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102 | 102 | | (i) owned by a navigation district; or |
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103 | 103 | | (ii) managed and controlled by a board of |
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104 | 104 | | trustees described by Chapter 54, Transportation Code; |
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105 | 105 | | (4) hauling cargo into or across a public dock; |
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106 | 106 | | (5) commercial fishing; |
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107 | 107 | | (6) constructing, fabricating, cleaning, repairing, |
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108 | 108 | | dismantling, or recycling vessels; |
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109 | 109 | | (7) pilotage; [or] |
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110 | 110 | | (8) an activity described by Section 60.101, 61.162, |
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111 | 111 | | or 63.153, Water Code; |
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112 | 112 | | (9) operating a cruise ship terminal facility; or |
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113 | 113 | | (10) an activity described by Section 54.003 or |
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114 | 114 | | 54.053, Transportation Code. |
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115 | 115 | | SECTION 7. This Act takes effect September 1, 2025. |
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