By Luna H.B. No. 2100
76R4288 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the acquisition of certain property by navigation
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 60.101, Water Code, is amended by adding
1-6 a new Subsection (b) and relettering existing Subsection (b) as
1-7 Subsection (c) to read as follows:
1-8 (b) Under the authority of Subsection (a), a district may
1-9 acquire property to be held for future use as an aid or facility
1-10 incidental to or useful in the operation or development of a port
1-11 or waterway or in aid of navigation-related commerce. Property
1-12 owned and held by a district for future use may be rented or leased
1-13 for compensation to a private enterprise for use by the private
1-14 enterprise for a purpose not related to the duties and functions of
1-15 the district.
1-16 (c) To the extent that the district incurs indebtedness
1-17 (bonded or otherwise) for purposes of financing the above
1-18 facilities which in turn are sold by installment sale or otherwise,
1-19 said indebtedness, principal and interest, may be paid only from
1-20 the loan (or bond sale) proceeds and from revenues generated from
1-21 the project financed by the indebtedness, and security for payment
1-22 of the principal of and interest on said indebtedness shall be
1-23 limited to a pledge of the project's revenues and the project's
1-24 facilities including enlargements and additions thereafter made.
2-1 SECTION 2. Section 11.11, Tax Code, is amended by adding
2-2 Subsection (i) to read as follows:
2-3 (i) Notwithstanding Subsection (d), real property owned and
2-4 held by a navigation district for future use for a purpose related
2-5 to the duties and functions of the district and rented or leased to
2-6 a private person for compensation for a use not related to the
2-7 district's duties and functions, as authorized by Section
2-8 60.101(b), Water Code, is considered used for public purposes and
2-9 is exempt from taxation under Subsection (a). A leasehold or other
2-10 possessory interest in the real property owned by the district that
2-11 is held by the private person for compensation is subject to
2-12 Sections 23.13 and 25.07.
2-13 SECTION 3. This Act takes effect January 1, 2000.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.