1-1  By:  Parker                                            S.B. No. 394
    1-2        (In the Senate - Filed February 18, 1993; February 22, 1993,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  March 9, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 0; March 9, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis              x                               
   1-12        Haley              x                               
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant  x                               
   1-15        Leedom             x                               
   1-16        Madla                                          x   
   1-17        Rosson             x                               
   1-18        Shapiro            x                               
   1-19        Wentworth          x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 394                   By:  Parker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the promotion of economic development in the state by
   1-24  improving the competitiveness of Texas public ports with ports
   1-25  outside of Texas by extending the authority of navigation districts
   1-26  to sell or lease certain property of such districts.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  Section 60.039, Water Code, is amended to read as
   1-29  follows:
   1-30        Sec. 60.039.  SURFACE LEASE FOR NOT MORE THAN 10 <FIVE>
   1-31  YEARS.  The commission may lease the surface of land for not more
   1-32  than 10 <five> years by the entry of an order on the minutes of the
   1-33  commission and the execution of a lease in the manner provided by
   1-34  the original order.  The lease may not be extended beyond the
   1-35  10-year <five-year> period by renewal, extension, or otherwise.
   1-36        SECTION 2.  Section 60.040, Water Code, is amended to read as
   1-37  follows:
   1-38        Sec. 60.040.  PUBLICATION OF NOTICE FOR SALES AND LEASES IN
   1-39  EXCESS OF 10 <FIVE> YEARS.  Before making a sale or lease of land
   1-40  for more than 10 <five> years, the commission shall publish a
   1-41  notice in the manner provided in Section 60.035 of this subchapter.
   1-42        SECTION 3.  Section 60.041, Water Code, is amended to read as
   1-43  follows:
   1-44        Sec. 60.041.  SECURITY FOR BIDS ON LAND TO BE SOLD OR LEASED
   1-45  FOR MORE THAN 10 <FIVE> YEARS.  Each bid submitted on land to be
   1-46  sold or leased for more than 10 <five> years shall be accompanied
   1-47  by a certified check, cashier's check, or bidder's bond with a
   1-48  responsible corporate surety authorized to do business in Texas.
   1-49  The check or bond shall be in an amount equal to the bid for the
   1-50  land or for the first rental payment under the lease and shall
   1-51  guarantee that the bidder will perform the terms of his bid if it
   1-52  is accepted by the commission.
   1-53        SECTION 4.  The heading of Section 60.042, Water Code, is
   1-54  amended to read as follows:
   1-55        Sec. 60.042.  AWARD AND EXECUTION OF DEED OR LEASE IN EXCESS
   1-56  OF 10 <FIVE> YEARS.
   1-57        SECTION 5.  This section does not apply to or affect
   1-58  litigation pending on the effective date of this Act in any court
   1-59  of competent jurisdiction in this state to which the authority is a
   1-60  party.
   1-61        SECTION 6.  The importance of this legislation and the
   1-62  crowded condition of the calendars in both houses create an
   1-63  emergency and an imperative public necessity that the
   1-64  constitutional rule requiring bills to be read on three several
   1-65  days in each house be suspended, and this rule is hereby suspended,
   1-66  and that this Act take effect and be in force from and after its
   1-67  passage, and it is so enacted.
   1-68                               * * * * *
    2-1                                                         Austin,
    2-2  Texas
    2-3                                                         March 9, 1993
    2-4  Hon. Bob Bullock
    2-5  President of the Senate
    2-6  Sir:
    2-7  We, your Committee on Economic Development to which was referred
    2-8  S.B. No. 394, have had the same under consideration, and I am
    2-9  instructed to report it back to the Senate with the recommendation
   2-10  that it do not pass, but that the Committee Substitute adopted in
   2-11  lieu thereof do pass and be printed.
   2-12                                                         Parker,
   2-13  Chairman
   2-14                               * * * * *
   2-15                               WITNESSES
   2-16                                                  FOR   AGAINST  ON
   2-17  ___________________________________________________________________
   2-18  Name:  Herman Smith                              x
   2-19  Representing:  Self
   2-20  City:  Houston
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   2-22  Name:  John Roby                                 x
   2-23  Representing:  TX Ports Assoc.
   2-24  City:  Beaumont
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   2-26  Name:  Richard Scott                             x
   2-27  Representing:  Construction Aggregates
   2-28  City:  Houston
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