By Patterson S.B. No. 1668
75R6548 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties and rights of a county auditor regarding
1-3 financial records of certain navigation districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 3, 4, and 6, Chapter 90, Acts of the
1-6 49th Legislature, Regular Session, 1945 (Article 8235a, Vernon's
1-7 Texas Civil Statutes), are amended to read as follows:
1-8 Sec. 3. (a) No contract may be made by the Board which
1-9 encumbers future revenues of the District, unless the Commissioners
1-10 Court shall have levied a special tax therefor, or unless the
1-11 revenues of a particular facility or facilities are encumbered to
1-12 discharge the obligation.
1-13 (b) The Board shall be authorized to make, or to authorize
1-14 the General Manager to make, routine purchases or contracts not to
1-15 exceed the sum of Five Thousand Dollars ($5,000) upon requisitions
1-16 signed by at least two (2) Commissioners[,] or the General Manager.
1-17 The[, which] requisitions must [shall] be [executed at least in
1-18 triplicate, one (1) copy to be] delivered to the person, firm or
1-19 corporation from whom the purchase is made[, one (1) copy to be
1-20 delivered to the County Auditor, and one (1) copy to remain on file
1-21 with the Board,] before the [any] purchase is [shall be] made. The
1-22 Board shall keep a copy of each requisition. Such purchases and
1-23 requisitions shall be subject to ratification and approval at the
1-24 next succeeding meeting of the Board. This Act shall not be
2-1 construed to permit the division or reduction of purchases or
2-2 contracts for the purpose of avoiding the requirement of taking
2-3 formal bids on purchases or contracts which would otherwise exceed
2-4 Five Thousand Dollars ($5,000).
2-5 (c) Cumulative of the provisions of Section 3(b) of this Act
2-6 and the authority thereby extended, the Board may, by an order or
2-7 regulation entered in its minutes, provide for the making of
2-8 routine purchases or contracts in amounts not to exceed Five
2-9 Thousand Dollars ($5,000) in any one (1) instance or for the
2-10 payment of wages or salaries of its hourly-rated employees, in the
2-11 interim between meetings of the Board, and such purchases,
2-12 contracts or payroll payments shall be subject to ratification and
2-13 approval at the next succeeding meeting of the Board; provided,
2-14 however, that the making of such interim purchases or contracts or
2-15 the interim payment of such payrolls shall be approved by the
2-16 General Manager and by at least three (3) of the Navigation
2-17 Commissioners; and when so approved, any requisition issued, and
2-18 signed as and in the manner provided for in this Section 3(c), and
2-19 any warrant issued or authorized by the provisions of Section 4 of
2-20 this Act, may be approved [and certified] by the County Auditor in
2-21 full and complete reliance thereon in the same manner and to the
2-22 same extent as if the same had been made and issued pursuant to the
2-23 provisions of this Section 3(c) of this Act or other applicable
2-24 laws; provided further, however, that nothing in this Section 3(c)
2-25 shall apply or operate as a limitation upon the authority of the
2-26 Board in cases of public calamity where it becomes necessary to act
2-27 at once to appropriate money to relieve the distress of the
3-1 citizens or to protect the property of the District; in cases of
3-2 unforeseen damage to Navigation District property, machinery, or
3-3 equipment, or in the handling of ships where time will not permit
3-4 of advertisement; nor shall they apply to contracts for
3-5 professional services. In all such cases the Board shall set out
3-6 in the minutes of the District that an emergency exists and the
3-7 facts which gave rise to the emergency. In instances provided in
3-8 this Section 3(c), requisitions must [shall] be [executed in at
3-9 least triplicate,] signed by the General Manager, and have [to
3-10 which shall be] attached [or with which shall be filed with the
3-11 County Auditor] a letter of approval of the item, account or
3-12 subject covered by such requisitions, signed by said General
3-13 Manager and at least three (3) of the Navigation Commissioners.
3-14 The[, one (1) copy of such] requisition must [to] be delivered to
3-15 the person, firm or corporation from whom the purchase is made or
3-16 with whom the contract is made[, one (1) copy to be delivered to
3-17 the County Auditor, and one (1) copy to remain on file with the
3-18 Board,] before the [any such] purchase or contract is [shall be]
3-19 made; provided, however, that it shall be sufficient to issue only
3-20 one (1) requisition [(in at least triplicate)] covering or in
3-21 respect of any payroll for wages or salaries of all hourly-rated
3-22 employees. The Board shall keep a copy of each requisition.
3-23 (d) In cases in which the materials, supplies, machinery,
3-24 equipment, or other items sought to be purchased or the contract
3-25 sought to be made shall exceed Five Thousand Dollars ($5,000)
3-26 written specifications shall be filed with the County Auditor and
3-27 advertisement shall be published once a week for two (2) successive
4-1 weeks or for such added time as the Board may require (in a
4-2 newspaper of general circulation within said District prior to the
4-3 last date for the [the] receipt of the bids, in which
4-4 advertisements shall be stated the items or things to be purchased
4-5 or the contract sought to be made); the time and place of receipt
4-6 of such bids; and the place where specifications may be obtained.
4-7 The specifications shall state in detail what is desired; shall
4-8 require that bids be sealed; and shall require the attachment to
4-9 said bid of a certified or cashier's check payable to the
4-10 Navigation District, drawn on a bank which is a member of the
4-11 Federal Reserve System, for five per cent (5%) of the total amount
4-12 of the bid, or a bidder's bond executed by a responsible corporate
4-13 surety authorized to do business in Texas, conditioned that the
4-14 successful bidder will enter into a contract and give bond as
4-15 required by the specifications. All such contracts shall be
4-16 awarded by the Board at a regularly scheduled or specially called
4-17 meeting; shall be reduced to writing; executed for the District by
4-18 the Chairman or General Manager; and filed with the proper officers
4-19 of said District with a copy thereof filed with the County Auditor.
4-20 Before any contract or requisition is effective or [shall be placed
4-21 into effect or become] binding on [upon] the Navigation District,
4-22 the requisition or contract must [it shall] be submitted to the
4-23 County Auditor for [his] approval and the [and certification that
4-24 funds are or will be available to meet the contract when due and a]
4-25 requisition, purchase order or work order must [issued in
4-26 triplicate, one (1) copy to] be delivered to the contractor. The
4-27 Board shall keep a copy of each requisition, purchase order, or
5-1 work order[, one (1) copy to be delivered to the County Auditor,
5-2 and one (1) copy to remain on file with the Navigation District].
5-3 Provided, however, that the provisions of this Section shall not
5-4 apply in cases of public calamity where it becomes necessary to act
5-5 at once to appropriate money to relieve the distress of the
5-6 citizens or to protect the property of the Navigation District; in
5-7 cases of unforeseen damage to Navigation District property,
5-8 machinery, or equipment, or in the handling of ships where time
5-9 will not permit of advertisement; nor shall they apply to contracts
5-10 for professional services. In all such cases the Board shall set
5-11 out in the minutes of the District that an emergency exists and the
5-12 facts which gave rise to the emergency. In such cases, bids and
5-13 the advertisement therefor may be waived.
5-14 (e) Any purchase or contract made without compliance with
5-15 the provisions of this Act shall be void and unenforceable in any
5-16 courts in this State.
5-17 (f) All financial records possessed by an officer or
5-18 employee of a Navigation District or by another person legally
5-19 charged with custody of the records are subject to the County
5-20 Auditor's inspection at any time. The County Auditor must present
5-21 in writing any matter the auditor considers worthy of reporting to
5-22 the Board.
5-23 (g) A requirement of this Act that the Board keep a copy of
5-24 a requisition, purchase order, or work order may be satisfied by
5-25 storing the information in a computer system if the information can
5-26 be made available to the County Auditor by a means and in a format
5-27 the County Auditor accepts.
6-1 Sec. 4. All claims against the Navigation District and all
6-2 obligations of the Navigation District shall be paid only after
6-3 approval of claims by the Board or after approval by the General
6-4 Manager and at least three (3) of the Navigation Commissioners in
6-5 instances covered and provided for in Section 3(c) of this Act and
6-6 upon warrants issued or authorized by the governing board thereof
6-7 or authorized by at least three (3) members of the governing board
6-8 thereof in cases and under circumstances provided for in Section
6-9 3(c) of this Act after such claims have been made available
6-10 [submitted] to and approved by the County Auditor. When authorized
6-11 to do so, the General Manager may execute contracts previously
6-12 awarded by the governing Board or by at least three (3) of the
6-13 Navigation Commissioners in instances provided for in Section 3(c)
6-14 of this Act and may issue and sign any warrant upon the funds of
6-15 the District when the account or accounts in payment of which such
6-16 warrant is issued shall have been approved and ordered paid as
6-17 herein provided. The General Manager may issue requisitions to put
6-18 into effect contracts executed and entered into pursuant to the
6-19 provisions of this Act or other applicable law and may issue
6-20 requisitions to give effect to and carry out, under the provisions
6-21 of and conditions contemplated and provided for in this Act,
6-22 contracts, purchases, payroll payments authorized and provided for
6-23 by the terms and provisions of this Act. He may issue and sign all
6-24 payroll vouchers and checks, after the payroll shall have been
6-25 approved by the governing board or at least three (3) of the
6-26 Navigation Commissioners in instances covered and provided for in
6-27 Section 3(c) of this Act, and payment of the sums thereon listed
7-1 authorized by the Board or by at least three (3) of the Navigation
7-2 Commissioners in instances covered and provided for in Section 3(c)
7-3 of this Act.
7-4 Sec. 6. The Board may, by an order or regulation entered in
7-5 its minutes, provide for a system of hospitalization and medical
7-6 attention for its employees, as a part of the compensation provided
7-7 for such employees. All contracts of employment shall be in
7-8 writing, and shall make reference to the regulations governing the
7-9 medical attention and hospitalization benefits, and such
7-10 regulations shall be a part of the contract of employment. Such
7-11 regulations may be changed from time to time, as the necessities
7-12 may require, in the judgment of the Board. [The contracts of
7-13 employment shall provide accordingly, and a copy of each contract
7-14 shall be filed immediately with the County Auditor for his
7-15 certificate of availability of funds before such contract shall
7-16 become effective.]
7-17 SECTION 2. This Act takes effect September 1, 1997.
7-18 SECTION 3. The importance of this legislation and the
7-19 crowded condition of the calendars in both houses create an
7-20 emergency and an imperative public necessity that the
7-21 constitutional rule requiring bills to be read on three several
7-22 days in each house be suspended, and this rule is hereby suspended.