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
2-21 -------------------------------------------------------------------
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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