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A BILL TO BE ENTITLED
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AN ACT
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relating to the conveyance of certain real property by certain |
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navigation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 60, Water Code, is amended |
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by adding Section 60.0381 to read as follows: |
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Sec. 60.0381. CONVEYANCE OF LAND BY CERTAIN NAVIGATION |
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DISTRICTS. (a) This section applies only to a district that |
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controls a ship channel or waterway that is the subject of a project |
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for deepening the channel or waterway that has been authorized or |
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modified by the United States Congress in the Water Resources |
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Reform and Development Act of 2014 or the Water Resources |
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Development Act of 2020. |
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(b) Notwithstanding any other provision of law, to the |
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extent that a district has entered into a surface lease with an |
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original term of at least 20 years, the district may sell the land, |
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improvements, easements, or any other interests in the real |
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property to the surface lease counterparty according to this |
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section. The land, improvements, easements, or any other interests |
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in real property may be conveyed by the district to the surface |
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lease counterparty, without complying with the notice and bidding |
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or other requirements of Sections 60.040-60.042. The sale must be: |
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(1) approved by the port commission; |
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(2) executed by the chair of the port commission; |
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(3) attested by the executive director of the |
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district; and |
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(4) made for an amount that is not less than the |
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reasonable market value of the land, improvements paid for by the |
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district, easements, or other interest in real property, as |
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applicable, at the time of contracting for the sale. |
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(c) Money received from the sale of real property as |
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described by this section in excess of the reasonable market value |
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of the property may be used only for the purpose of deepening and |
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widening of the channel or waterway. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |