AN ACT
1-1 relating to the authority of certain navigation districts to
1-2 acquire land, equipment, or improvements and issue bonds.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 62, Water Code, is amended
1-5 by adding Sections 62.1071 and 62.1072 to read as follows:
1-6 Sec. 62.1071. ACQUISITION OF LAND, EQUIPMENT, OR
1-7 IMPROVEMENTS IN CERTAIN COUNTIES. (a) This section applies only
1-8 to a district that has a county of jurisdiction with a population
1-9 of more than 2.8 million.
1-10 (b) A district may acquire, by any means except by
1-11 condemnation, and own land, equipment, or improvements located in a
1-12 county that is adjacent to the district's county of jurisdiction if
1-13 the commission considers the land, equipment, or improvements:
1-14 (1) necessary, required, or convenient for any purpose
1-15 necessary or incident to the development and operation of navigable
1-16 water or a port located in the district's county of jurisdiction or
1-17 a county adjacent to that county; or
1-18 (2) may be in aid of, or necessary, required, or
1-19 convenient for, the development of industries and businesses on the
1-20 land in the county of jurisdiction or a county adjacent to that
1-21 county.
1-22 (c) Notwithstanding any other law or municipal charter, a
1-23 district may acquire, and any public or private owner may dispose
1-24 of, land, equipment, or improvements on any terms to which the
2-1 commission and the property owner agree.
2-2 (d) If in connection with an acquisition or disposition of
2-3 land, equipment, or improvements under this section the governing
2-4 body of a municipality decides to discontinue operations of a port,
2-5 as a utility of the municipality or otherwise, the acquisition or
2-6 disposition of the land, equipment, or improvements may not be
2-7 completed until a majority of the qualified voters of the
2-8 municipality voting at an election called and held for that purpose
2-9 approve of the discontinuance of the operations.
2-10 (e) The commissioners may change the name of the district in
2-11 connection with the acquisition of land, equipment, or improvements
2-12 under this section.
2-13 (f) Notwithstanding the source of the revenue, a district
2-14 that acquires land, equipment, or improvements under this section
2-15 may use or pledge to the payment of obligations of the district for
2-16 the development of any district facility, regardless of the
2-17 location of the facility, any revenue of the district, except as
2-18 provided by Section 62.209.
2-19 (g) Section 41.001(a), Election Code, does not apply to an
2-20 election held under this section.
2-21 (h) Except as provided by this section, an election held
2-22 under this section must be conducted as provided by the Election
2-23 Code.
2-24 Sec. 62.1072. ADDITIONAL COMMISSIONERS FOR ACQUISITIONS FROM
2-25 CERTAIN MUNICIPALITIES. (a) A district that acquires land,
2-26 equipment, or improvements under Section 62.1071 from a
3-1 municipality with a population of more than 35,000 that operates
3-2 navigation and port facilities and that is located in a county
3-3 adjacent to the county of jurisdiction may add positions for
3-4 members of the commission, as determined by the commission. Not
3-5 more than two positions may be added to the commission under this
3-6 section.
3-7 (b) The governing body of the municipality in which the
3-8 acquired land, equipment, or improvements are located shall appoint
3-9 the additional commissioners.
3-10 (c) Commissioners serving in the positions added under
3-11 Subsection (a) shall serve terms that are consistent with the law
3-12 governing the terms of the other commissioners.
3-13 SECTION 2. Subchapter F, Chapter 62, Water Code, is amended
3-14 by adding Section 62.209 to read as follows:
3-15 Sec. 62.209. USE OF BOND PROCEEDS FOR CERTAIN ACQUISITIONS
3-16 OF CERTAIN DISTRICTS. A district to which Section 62.1071 applies
3-17 may not spend for the acquisition of land, equipment, or
3-18 improvements under that section the proceeds of bonds authorized by
3-19 the district's voters before the district undertakes the
3-20 acquisition.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1665 passed the Senate on
May 7, 1999, by the following vote: Yeas 29, Nays 1.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1665 passed the House on
May 22, 1999, by the following vote: Yeas 144, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor