By Oliveira                                            H.B. No. 996
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the promotion of economic development in the state by
    1-3  improving the competitiveness of Texas public ports with ports
    1-4  outside of Texas, by extending the authority of navigation
    1-5  districts to sell or lease certain property of such districts.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 60.039 of the Texas Water Code is amended
    1-8  to read as follows:
    1-9        Surface Lease for Not More that <Five> Ten Years
   1-10        The commission may lease the surface of land for not more
   1-11  than <five> ten years by the entry of an order on the minutes of
   1-12  the commission and the execution of a lease in the manner provided
   1-13  by the original order.  The lease may not be extended beyond the
   1-14  <five> ten year period by renewal, extension, or otherwise.
   1-15        SECTION 2.  Section 60.040 of the Texas Water Code is hereby
   1-16  amended to read as follows:
   1-17        "Publication of Notice for Sales and Leases in Excess of
   1-18  <Five> Ten Years
   1-19        Before making a sale or lease of land for more than <five>
   1-20  ten years, the commission shall publish a notice in the manner
   1-21  provided in Section 60.035 of this subchapter."
   1-22        SECTION 3.  Section 60.041 of the Texas Water Code is hereby
   1-23  amended to read as follows:
    2-1        Security for Bids on Land to be Sold or Leased for More Than
    2-2  <Five> Ten Years
    2-3        Each bid submitted on land to be sold or leased for more than
    2-4  <five> ten years shall be accompanied by a certified check,
    2-5  cashier's check, or bidder's bond with a responsible corporate
    2-6  surety authorized to do business in Texas.  The check or bond shall
    2-7  be in an amount equal to the bid for the land or for the first
    2-8  rental payment under the lease and shall guarantee that the bidder
    2-9  will perform the terms of his bid if it is accepted by the
   2-10  commission.
   2-11        SECTION 4.  The caption of Section 60.042 of the Texas Water
   2-12  Code is hereby amended to read as follows:
   2-13        "Award and Execution of Deed or Lease in Excess of <Five> Ten
   2-14  Years."
   2-15        SECTION 5.  (a)  All leases made or attempted to be made by
   2-16  navigation districts, before the effective date of this Act are
   2-17  validated and confirmed.
   2-18        (b)  This section does not apply to or affect litigation
   2-19  pending on the effective date of this Act in any court of competent
   2-20  jurisdiction in this state to which the authority is a party.
   2-21        SECTION 6.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended,
    3-1  and that this Act take effect and be in force from and after its
    3-2  passage, and it is so enacted.