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AN ACT
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relating to the administration of navigation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 60, Water Code, is amended |
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by adding Section 60.0726 to read as follows: |
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Sec. 60.0726. FIRES, EXPLOSIONS, AND HAZARDOUS MATERIALS |
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INCIDENTS. A district may respond to and fight a fire, explosion, |
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or hazardous material incident that occurs on or adjacent to a |
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waterway, channel, or turning basin that is located in the |
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district's territory, regardless of whether the waterway, channel, |
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or turning basin is located in the corporate limits of a |
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municipality. |
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SECTION 2. Section 60.101, Water Code, is amended by adding |
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Subsections (a-1) and (e) and amending Subsection (d) to read as |
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follows: |
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(a-1) A district may acquire, purchase, lease, maintain, |
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repair, and operate facilities and equipment for the purposes of |
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protecting life and property by detecting, responding to, and |
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fighting fires, explosions, and hazardous materials incidents |
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described by Section 60.0726. |
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(d) A district may contract with a broker to sell or lease a |
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tract of land in the same manner as the commissioners court of a |
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county under Section 263.008, Local Government Code. |
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(e) A lease that requires the lessee to construct |
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improvements on land owned by the district is not a public work |
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contract for purposes of Chapter 2253, Government Code. |
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SECTION 3. Section 60.103, Water Code, is amended to read as |
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follows: |
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Sec. 60.103. PRESCRIBING FEES AND CHARGES. The district |
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[commission] shall prescribe fees and charges to be collected for |
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the use of the land, improvements, and facilities of the district |
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and for the use of any land, improvements, or facilities acquired |
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under the provisions of this subchapter. The fees and charges shall |
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be reasonable, equitable, and sufficient to produce revenue |
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necessary to exercise the powers described by Section 60.101 and |
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adequate to pay the expenses described by [mentioned in] Section |
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60.105 [of this code]. |
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SECTION 4. Sections 60.172(b), (c), and (d), Water Code, |
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are amended to read as follows: |
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(b) The commission shall fix a time and place at which a |
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public hearing concerning the proposed indebtedness shall be held. |
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The date of the hearing shall be not less than seven [15] days nor |
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more than 30 days from the date of the resolution of the commission |
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giving [the] notice of the hearing date. |
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(c) Notice published by the commission under this section |
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shall: |
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(1) include a statement of the amount and purpose of |
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the proposed indebtedness; |
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(2) inform all persons of the time and place of |
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hearing; and |
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(3) inform all persons of their right to express their |
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views [appear] at the hearing, orally or in writing, and contend for |
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or protest the creation of the indebtedness. |
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(d) The secretary of the commission shall publish [post |
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copies of] the notice not earlier than the seventh day [for 10 days] |
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before the date [day] of the hearing: |
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(1) once in a newspaper of general circulation in the |
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district's territory that is available to residents of the |
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district; and |
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(2) on the district's Internet website, if the |
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district maintains a website, in an area of that website used to |
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inform district residents about events such as public meetings |
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[three public places in the district and at the door of each county |
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courthouse located in the district]. |
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SECTION 5. The heading to Section 60.405, Water Code, is |
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amended to read as follows: |
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Sec. 60.405. PROPOSAL PROCEDURES [COMPETITIVE SEALED |
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PROPOSALS]. |
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SECTION 6. Section 60.405, Water Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) Items that may be purchased under the procedure |
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provided by this section include items required in connection with |
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a navigation project entered into with the United States. |
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SECTION 7. Section 60.463(d-1), Water Code, is amended to |
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read as follows: |
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(d-1) If a two-step process is used, the district may not |
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request prices in the first step. In the second step, the district |
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may request that [five or fewer] offerors, selected solely on the |
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basis of qualifications, provide additional information, including |
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proposed prices. |
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SECTION 8. Subchapter Q, Chapter 60, Water Code, is amended |
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by adding Section 60.502 to read as follows: |
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Sec. 60.502. IMPLIED CONTRACTS. A schedule of rates, fees, |
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charges, rules, and ordinances that have been adopted in accordance |
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with applicable law or the district's rules, including a limitation |
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of liability for cargo loss or damage, that relates to receiving, |
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delivering, handling, or storing property at a district facility |
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and that is made available to the public on the district's Internet |
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website is enforceable by an appropriate court as an implied |
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contract between the district and a person using the district's |
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facilities without proof of actual knowledge of the schedule's |
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provisions. |
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SECTION 9. Sections 62.123(b) and (d), Water Code, are |
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amended to read as follows: |
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(b) No franchise shall be granted for longer than 50 years |
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nor shall a franchise be granted except on the affirmative vote of a |
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majority of the commissioners present at a meeting [three separate |
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meetings] of the commission [which meetings may not be closer |
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together than one week]. |
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(d) The franchise shall require the grantee to file the |
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grantee's written acceptance of the franchise within 30 days after |
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the franchise is granted [finally approved] by the commission. |
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SECTION 10. Section 60.172(e), Water Code, is repealed. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1642 passed the Senate on |
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April 19, 2021, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendment on May 27, 2021, by the |
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following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1642 passed the House, with |
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amendment, on May 14, 2021, by the following vote: Yeas 136, |
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Nays 9, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |