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
    1-4  districts to sell or lease certain property of such districts.
    1-6        SECTION 1.  Section 60.039 of the Texas Water Code is amended
    1-7  to read as follows:
    1-8        Surface Lease for Not More than <Five> Ten years
    1-9        The commission may lease the surface of land for not more
   1-10  than <five> ten years by the entry of an order on the minutes of
   1-11  the commission and the execution of a lease in the manner provided
   1-12  by the original order.  The lease may not be extended beyond the
   1-13  <five> ten year period by renewal, extension, or otherwise.
   1-14        SECTION 2.  Section 60.040 of the Texas Water Code is hereby
   1-15  amended to read as follows:
   1-16        "Publication of Notice for Sales and Leases in Excess of
   1-17  <Five> Ten Years
   1-18        Before making a sale or lease of land for more than <five>
   1-19  ten years, the commission shall publish a notice in the manner
   1-20  provided in Section 60.035 of this subchapter."
   1-21        SECTION 3.  Section 60.041 of the Texas Water Code is hereby
   1-22  amended to read as follows:
   1-23        Security for Bids on Land to be Sold or Leased for More Than
    2-1  <Five> Ten Years
    2-2        Each bid submitted on land to be sold or leased for more than
    2-3  <five> ten years shall be accompanied by a certified check,
    2-4  cashier's check, or bidder's bond with a responsible corporate
    2-5  surety authorized to do business in Texas.  The check or bond shall
    2-6  be in an amount equal to the bid for the land or for the first
    2-7  rental payment under the lease and shall guarantee that the bidder
    2-8  will perform the terms of his bid if it is accepted by the
    2-9  commission.
   2-10        SECTION 4.  The caption of Section 60.042 of the Texas Water
   2-11  Code is hereby amended to read as follows:
   2-12        "Award and Execution of Deed or Lease in Excess of <Five> Ten
   2-13  Years."
   2-14        SECTION 5.  (a)  All leases made or attempted to be made by
   2-15  navigation districts, before the effective date of this Act are
   2-16  validated and confirmed.
   2-17        (b)  This section does not apply to or affect litigation
   2-18  pending on the effective date of this Act in any court of competent
   2-19  jurisdiction in this state to which the authority is a party.
   2-20        SECTION 6.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended,
   2-25  and that this Act take effect and be in force from and after its
    3-1  passage, and it is so enacted.