BILL ANALYSIS



H.B. 2177
By: Jackson
4-19-95
Committee Report (Unamended)


BACKGROUND
Currently, navigation districts institute numerous contracts and
sales of surplus property which many times results in a frivolous
law suit.  Often times small technicalities are the core of costly
law suits that allow second guessing over formalities.  HB 2177
will not affect current litigation; but rather, provide protection
for the investments of citizens in navigation districts.

PURPOSE
To validate acts of navigation districts in an attempt to avoid
frivolous law suits.

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS
Section 1:  Defines "district" as a navigation district created
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution.

Section 2: Provides that the following are validated and confirmed:
     (1)  All acts and governmental proceedings of a district
before the effective date of HB 2177. 
     (2)  All commissioners or other officials of a district that
took office before the   effective date of HB 2177.
     (3)  All bonds and other obligations authorized of a district
taken before the              effective date of HB 2177, including
all proceedings taken before the effective date which  are related
to those bonds or other obligations, whether the bonds or
obligations are:

           (a) payable from tax revenue or otherwise; or

           (b) issued on or before the effective date.

Section 3: Provides that Section 2 of HB 2177 does not include an
act, proceeding, commissioner or official, bond, or obligation the
validity of which or of whom is subject of litigation that is
pending on the effective date.

Section 4:  Emergency clause.
              

SUMMARY OF COMMITTEE ACTION
H.B.2177 was considered by the committee in a public hearing on
April 3, 1995.
The following persons testified in favor of the bill:  
     Ms. Pat Younger, representing Texas Ports Association;
     Mr. Leo J. Welder, Jr., representing Port of Corpus Christi
Authority of Nueces City, Texas;
The following persons testified against the bill:  None (0).
The following persons testified on the bill:  None (0).

The bill was left pending.

H.B.2177 was considered by the committee in a formal meeting on
April 19, 1995.
No testimony was received.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 1 pnv, 1 absent.