By Eiland                                             H.B. No. 1692

         75R4342 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the operation of publicly owned and operated harbor and

 1-3     port facilities located in certain municipalities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 3(b), Chapter 341, Acts of the 57th

 1-6     Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas

 1-7     Civil Statutes), is amended to read as follows:

 1-8           (b)  If the management and control of the improvements and

 1-9     facilities is placed in the hands of a board of trustees by

1-10     ordinance or Charter under Subsection (a) of this section, the

1-11     board of trustees constitutes a body politic and corporate for the

1-12     purpose of issuing bonds or other obligations and other purposes

1-13     and shall have and exercise, in addition to the powers enumerated

1-14     in the ordinance or Charter, the following powers and authority:

1-15                 (1)  to exercise full management, control, maintenance,

1-16     and operation of the improvements and facilities constituting the

1-17     ports and harbors of the city;

1-18                 (2)  to employ a general manager and other officers,

1-19     employees, and representatives as the board may consider

1-20     appropriate and to fix their duties and compensation;

1-21                 (3)  notwithstanding the provisions or restrictions of

1-22     any general or special law or Charter to the contrary, to prepare

1-23     and adopt budgets for the operation of the ports and harbors of the

1-24     city, fix charges for services and facilities, authorize

 2-1     expenditures, and manage and control the income and revenue of the

 2-2     city's ports and harbors;

 2-3                 (4)  to determine policies and establish rules and

 2-4     procedures for the operation of the ports and harbors of the city;

 2-5                 (5)  to acquire property and interest in property for

 2-6     the purposes set forth in Section 1 of this Act in the manner

 2-7     provided by this Act and to construct improvements and facilities

 2-8     on the property;

 2-9                 (6)  to contract in its own name, but not in the name

2-10     of the city.  Except as otherwise provided by this Act, all such

2-11     contracts involving the expenditure of more than $15,000, except

2-12     contracts or expenditures exempt from competitive bidding under

2-13     Section 252.022, Local Government Code, or another applicable law,

2-14     shall be awarded only pursuant to competitive bids. Competitive

2-15     [However, competitive] bids are also not required for contracts for

2-16     personal or professional services, real estate transactions,

2-17     operation of port facilities or improvements under specific

2-18     agreements for a limited term, or insurance, or if the board of

2-19     trustees determines that the time delay posed by the competitive

2-20     bidding process would prevent or substantially impair the conduct

2-21     of port operation;

2-22                 (7)  to issue in the name of the board, with the

2-23     consent of the governing body of the city, revenue bonds or other

2-24     obligations payable from revenues in the manner set out in this Act

2-25     for the purpose of providing funds for any of the improvements and

2-26     facilities provided by Section 1 of this Act or to refund any

2-27     previously issued bonds or other obligations;

 3-1                 (8)  to issue in the name of the board, with the

 3-2     consent of the governing body of the city, current expense warrants

 3-3     drawn against all or any part of the current revenues of the board

 3-4     to pay current expenses during the current fiscal year of the board

 3-5     or any part of the current fiscal year.  However, in no event shall

 3-6     the aggregate amount of the warrants that are outstanding at any

 3-7     time during any fiscal year exceed 50 percent of the revenues

 3-8     budgeted for that fiscal year after subtracting from the budgeted

 3-9     revenues all principal and interest on bonds or obligations other

3-10     than current expense warrants to be paid from the revenues during

3-11     the fiscal year;

3-12                 (9)  to evidence contractual obligations to pay money

3-13     by issuing in the name of the board, with the consent of the

3-14     governing body of the city, certificates of participation in the

3-15     contractual obligations;

3-16                 (10)  to sue and be sued in its own name;

3-17                 (11)  to adopt, use, and alter a corporate seal; [and]

3-18                 (12)  to establish a port security force, to employ one

3-19     or more public security officers licensed by the Commission on Law

3-20     Enforcement Officer Standards and Education, and to commission one

3-21     or more employees of the force as peace officers if they are

3-22     certified as qualified to be peace officers by the Commission on

3-23     Law Enforcement Officer Standards and Education, which peace

3-24     officers commissioned under this Act are vested with all the

3-25     rights, privileges, obligations, and duties of any other peace

3-26     officer in this state; and

3-27                 (13)  to own, establish, construct, improve, equip,

 4-1     maintain, operate, regulate, protect, or police any transportation

 4-2     facility and any necessary appurtenances to the facility [while

 4-3     they are on the property under the control of the board of

 4-4     trustees, or in the actual course and scope of their employment].

 4-5           SECTION 2.  The importance of this legislation and the

 4-6     crowded condition of the calendars in both houses create an

 4-7     emergency and an imperative public necessity that the

 4-8     constitutional rule requiring bills to be read on three several

 4-9     days in each house be suspended, and this rule is hereby suspended,

4-10     and that this Act take effect and be in force from and after its

4-11     passage, and it is so enacted.