By:  Parker                                            S.B. No. 394
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the promotion of economic development in the state by
    1-2  improving the competitiveness of Texas public ports with ports
    1-3  outside of Texas by extending the authority of navigation districts
    1-4  to sell or lease certain property of such districts.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 60.039, Water Code, is amended to read as
    1-7  follows:
    1-8        Sec. 60.039.  SURFACE LEASE FOR NOT MORE THAN 10 <FIVE>
    1-9  YEARS.  The commission may lease the surface of land for not more
   1-10  than 10 <five> years by the entry of an order on the minutes of the
   1-11  commission and the execution of a lease in the manner provided by
   1-12  the original order.  The lease may not be extended beyond the
   1-13  10-year <five-year> period by renewal, extension, or otherwise.
   1-14        SECTION 2.  Section 60.040, Water Code, is amended to read as
   1-15  follows:
   1-16        Sec. 60.040.  PUBLICATION OF NOTICE FOR SALES AND LEASES IN
   1-17  EXCESS OF 10 <FIVE> YEARS.  Before making a sale or lease of land
   1-18  for more than 10 <five> years, the commission shall publish a
   1-19  notice in the manner provided in Section 60.035 of this subchapter.
   1-20        SECTION 3.  Section 60.041, Water Code, is amended to read as
   1-21  follows:
   1-22        Sec. 60.041.  SECURITY FOR BIDS ON LAND TO BE SOLD OR LEASED
   1-23  FOR MORE THAN 10 <FIVE> YEARS.  Each bid submitted on land to be
    2-1  sold or leased for more than 10 <five> years shall be accompanied
    2-2  by a certified check, cashier's check, or bidder's bond with a
    2-3  responsible corporate surety authorized to do business in Texas.
    2-4  The check or bond shall be in an amount equal to the bid for the
    2-5  land or for the first rental payment under the lease and shall
    2-6  guarantee that the bidder will perform the terms of his bid if it
    2-7  is accepted by the commission.
    2-8        SECTION 4.  The heading of Section 60.042, Water Code, is
    2-9  amended to read as follows:
   2-10        Sec. 60.042.  AWARD AND EXECUTION OF DEED OR LEASE IN EXCESS
   2-11  OF 10 <FIVE> YEARS.
   2-12        SECTION 5.  This section does not apply to or affect
   2-13  litigation pending on the effective date of this Act in any court
   2-14  of competent jurisdiction in this state to which the authority is a
   2-15  party.
   2-16        SECTION 6.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended,
   2-21  and that this Act take effect and be in force from and after its
   2-22  passage, and it is so enacted.