By:  Lindsay, Gallegos, Ellis                         S.B. No. 1665
                                A BILL TO BE ENTITLED
                                       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.