By Lindsay                                            S.B. No. 1665
         76R7428 WP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain navigation districts to
 1-3     acquire land or improvements on land, annex territory, and issue
 1-4     bonds.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 62.107(a), Water Code, is amended to read
 1-7     as follows:
 1-8           (a)  Any district created under this chapter may acquire by
 1-9     gift, purchase, or condemnation and may own land or improvements
1-10     adjacent or accessible to the navigable water and ports developed
1-11     by it which may be necessary or required for any and all purposes
1-12     incident to or necessary for the development and operation of the
1-13     navigable water or ports within the district, or may be necessary
1-14     or required for or in aid of the development of industries on the
1-15     land.  Notwithstanding the provisions of any other law governing
1-16     procurement, a district may acquire land or improvements from any
1-17     public or private owner  on any terms to which the commission of
1-18     the district and the property owner agree.
1-19           SECTION 2.  Subchapter D, Chapter 62, Water Code, is amended
1-20     by adding Section 62.1071 to read as follows:
1-21           Sec. 62.1071.  ADDITIONAL COMMISSIONERS FOR ACQUISITIONS FROM
1-22     CERTAIN MUNICIPALITIES.  (a)  A district that acquires land or an
1-23     improvement from a municipality that has a population of more than
1-24     35,000 shall add one member to its commission.  The governing body
 2-1     of the municipality in which the acquired land or improvement is
 2-2     located shall appoint the additional commissioner.  If the acquired
 2-3     land or improvement is located in more than one municipality with
 2-4     populations of more than 35,000 and that are located in the same
 2-5     county, the governing bodies of all the municipalities jointly
 2-6     shall appoint the additional commissioner.
 2-7           (b)  The additional commissioner shall serve a term as
 2-8     provided by Sections 62.314(c) and (d).
 2-9           SECTION 3.  Subchapter F, Chapter 62, Water Code, is amended
2-10     by adding Sections 62.209 and 62.210 to read as follows:
2-11           Sec. 62.209.  USE OF BOND PROCEEDS TO ACQUIRE LAND.  The
2-12     district may not expend for the acquisition of land or improvement
2-13     outside of the district's territorial boundaries proceeds of bonds
2-14     issued by a district that were authorized by the district's voters
2-15     before the annexation of territory or an acquisition of land or an
2-16     improvement.
2-17           Sec. 62.210.  BOND ISSUANCE AFTER ANNEXATION OF TERRITORY.
2-18     After the annexation of territory:
2-19                 (1)  bond proceeds of district bonds may be used only
2-20     in the territory in which an election was called and held for the
2-21     voters of the territory to approve the issuance and use of the
2-22     bonds; and
2-23                 (2)  an election described by Subdivision (1) may be
2-24     held in the entire district or only:
2-25                       (A)  in the territorial boundaries of the
2-26     district as it existed before the annexation of the territory; or
2-27                       (B)  in the boundaries of the annexed territory.
 3-1           SECTION 4.  Sections 62.295 and 62.297, Water Code, are
 3-2     amended to read as follows:
 3-3           Sec. 62.295.  ELECTION ORDER.  (a) If after the hearing the
 3-4     commission finds that inclusion of the territory proposed to be
 3-5     annexed would be a direct benefit to all the land in that
 3-6     territory, the commission shall order an election to be held in the
 3-7     territory proposed to be annexed.
 3-8           (b)  A district may order an annexation election to annex
 3-9     territory without imposing on the territory any part of the bonded
3-10     debt of the district.  Unless the voters approve at an annexation
3-11     election the assumption of the bonded debt, the district may not
3-12     impose a tax on the annexed territory or use tax money collected
3-13     from the annexed territory for payment of the principal of or
3-14     interest on bond debt issued by the district before  the
3-15     annexation.
3-16           Sec. 62.297.  BALLOTS.  (a) The ballots for the election
3-17     shall be printed to allow for voting for or against: "Annexation to
3-18     the navigation district."; and "Assumption of a pro rata part of
3-19     the bonded debt of the navigation district."
3-20           (b)  Notwithstanding Subsection (a), if the district holds an
3-21     election to approve the annexation of territory without imposing on
3-22     the territory a part of the district's bonded debt, the ballot for
3-23     the election shall be printed to allow for voting for or against:
3-24     "Annexation to the navigation district."
3-25           SECTION 5.  Sections 62.314(b)-(d), Water Code, are amended
3-26     to read as follows:
3-27           (b)  The commissioners court of the annexed county shall
 4-1     appoint one commissioner who is an elector of and resides [two
 4-2     commissioners, both of whom shall be electors who reside] in the
 4-3     district.  The additional commissioner is a member [two commission
 4-4     members shall be additional members] of the commission of the
 4-5     district and has [shall have] the same duties and receives
 4-6     [receive] the same compensation as incumbent commission members.
 4-7           (c)  The additional commissioner [commission members] shall
 4-8     hold office for a term equal to and expiring with the terms of the
 4-9     incumbent commission members or, if the members of the commission
4-10     are serving staggered terms, expiring with the term of the
4-11     commission member whose term first expires.
4-12           (d)  At the expiration of the term [terms] of the additional
4-13     commissioner [commission members], the terms of all commission
4-14     members shall be automatically terminated.
4-15           SECTION 6.  The change in law made by this Act to Sections
4-16     62.314(b)-(d), Water Code, does not effect the composition of the
4-17     navigation and canal commission of a navigation district that
4-18     annexed a county under Subchapter H, Water Code, before the
4-19     effective date of this Act, and the former law is continued in
4-20     effect for that purpose.
4-21           SECTION 7.  The importance of this legislation and the
4-22     crowded condition of the calendars in both houses create an
4-23     emergency and an imperative public necessity that the
4-24     constitutional rule requiring bills to be read on three several
4-25     days in each house be suspended, and this rule is hereby suspended,
4-26     and that this Act take effect and be in force from and after its
4-27     passage, and it is so enacted.