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.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.