JBM H.B. 1254 75(R)BILL ANALYSIS


NATURAL RESOURCES
H.B. 1254
By: Jackson
3-12-97
Committee Report (Amended)



BACKGROUND 

During the 74th Legislative Session, HB 2177, which validated acts of
navigation districts in an attempt to avoid frivolous law suits, was
passed.  Basically, this legislation prevented navigation districts from
instituting numerous contracts and sales of surplus property, which
sometimes resulted in frivolous law suits.  Often times, the core of
lawsuits such as these were small technicalities that allow
second-guessing over formalities.   

Unfortunately, HB 2177 left out public port authorities, and this bill is
designed to include those port authorities that were excluded.  HB 1254
will not affect current litigation, but it will provide better protection
for the investments of citizens in the future.
PURPOSE

To add port authorities that were not created under Section 52, Article
III, or Section 59, Article XVI, Texas Constitution, to the navigation act
passed during the 74th Legislative session.  The navigation bill validated
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,
or other public port authority. 

SECTION 2.  Validates and confirms the following:
 (1)  all acts and governmental proceedings of a district taken before the
effective date of  this Act;  
 (2)  all commissioners or other officials of a district, whether elected
or appointed,   who took office before the effective date of this Act; and
 (3)  all bonds and other obligations of a district authorized before the
effective date of  this Act, including all proceedings taken before the
effective date of this Act that 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 of this Act.

SECTION 3.  States that Section 2 of  this Act does not include an act,
proceeding, commissioner or official, bond, or obligation that is the
subject of litigation that is pending on the effective date of this Act.  

SECTION 4.  Emergency clause.
              



 EXPLANATION OF AMENDMENTS

Committee Amendment No. 1:
Strikes the existing Section 3 and substitutes a new section.  The new
section restates that this Act does not apply to certain litigation that
is pending on the effective date of this Act.  It also adds language
providing that this Act does not apply to an act or proceeding relating to
the conveyance by a district of any interest in real property that had
originally been patented or otherwise conveyed to the district by the
state if such act or proceeding violated any restriction or condition of
the patent or other conveyance from the state.  Finally, the amendment
states that this Act does not apply to an act or proceeding that violated
Section 61.117 of the Water Code.