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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

House Bill 2770

House Author:  Smith, Wayne et al.

Effective:  6-17-11

Senate Sponsor:  Williams


            House Bill 2770 amends Water Code provisions relating to navigation districts generally.  Among other provisions, the bill makes provisions governing the additional powers and duties of a navigation district not participating with the United States in a navigation project also apply to a district participating in such a project if the navigation and canal commission of the district adopts the provisions; authorizes the commission of a district to suppress and prevent nuisances, pollution, and improper disposal of materials on district property; authorizes a district to enter into a contract, lease, or agreement relating to the use or acquisition of real or personal property for the improvement of port facilities; and authorizes a district to establish an electronic requisition system for certain routine purchases or contracts.

            House Bill 2770 adds a subchapter to the Water Code to provide for the operation of a district employee charitable campaign.  The navigation and canal commission or the executive director of a navigation district is required to establish and adopt rules for such a campaign, and a district employee is authorized to make a deduction each pay period for a charitable contribution.  The bill describes procedures for the designation of an eligible charitable organization by a district employee and for revoking or changing the designation.  The bill includes provisions that govern the confidentiality of an employee's designation and certain other information.  The executive director is required to oversee the campaign and the employees who conduct the campaign.  The bill establishes criteria to assess the eligibility of a charitable organization to participate in the campaign and sets out requirements for the fund-raising practices of a participating organization.  The bill limits the use of contributions by a participating organization and authorizes a district to obtain an audit of a participating organization if the district reasonably believes that the organization has misapplied contributions.

            House Bill 2770 amends provisions relating to navigation districts created under the Texas Constitution to establish conditions under which the navigation and canal commission of a district may authorize the destruction or disposition of salvage or surplus property as worthless and amends those provisions and other provisions relating to self-liquidating navigation districts to specify the manner in which notice must be published before a district may grant franchises on property owned or controlled by the district.  The bill amends the law to make the Port of Houston Authority subject to sunset review, requiring the review to be conducted as if the authority were scheduled to be abolished September 1, 2013.  The bill also amends the Local Government Code to make provisions governing design-build procedures for certain civil works projects apply to a board of trustees managing harbor and port facilities in certain municipalities.