S.B. No. 394
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
1-8 Sec. 60.039. SURFACE LEASE FOR NOT MORE THAN 10 <
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
1-16 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
1-22 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
2-16 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.